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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 10, 2024

AgendaMinutesVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, December 10, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER Present: Council Member Jennifer Sigette, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Council Member David Barranco, Council Member Miranda Basye, Council Member Sarah Cole, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: Council Member Curt Soehl 1. MEETING ROLL CALL 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Sigette to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 3, 2024  Regular City Council Meeting of Tuesday, December 3, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated December 6, 2024. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through November 30, 2024. REGULAR AGENDA 8. 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: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Ordinance No. 104-24. Roll call vote to adopt. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 10. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO PROVIDE FOR CLARIFICATION ON THE STANDARDS USED TO DECLARE A DOG VICIOUS. Sponsors: Council Members Barranco and Sigette A motion was made by Council Member Barranco and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, December 17, 2024 for Item 10. Roll call vote to set a date of 2nd Reading. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW FOR THE TRAPPING, STERILIZING, AND VACCINATING COMMUNITY CATS AND RETURNING THEM TO THEIR ORIGINAL LOCATION. Sponsors: Council Members Spellerberg and Barranco A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, December 17, 2024 for Item 11. Roll call vote to set a date of 2nd Reading. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 12. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE 2025 BRIDGE IMPROVEMENT GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Barranco to adopt Resolution No. 124-24. Roll call vote to adopt. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 124-24 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE 2025 BRIDGE IMPROVEMENT GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS. WHEREAS, the City of Sioux Falls desires the preservation and rehabilitation of the bridges hereinafter described: Structure No. 50-195-210, located on 12th Street, west of Grange Avenue, and over the Ellis and Eastern Rail Line Structure No. 50-210-195, located on Cliff Avenue, north of Walnut Steet, and over the Big Sioux River NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and made a part of this resolution entitled “2025 Bridge Improvement Grant Program” is hereby approved and that the Mayor is authorized to sign such resolution. Date adopted: 12/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 13. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Resolution No. 125-24. Roll call vote to adopt. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 125-24 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: Public Works—Highways and Streets Amend Capital Improvements Program Project No. 11006, Arterial Street Improvements, by increasing the amount of funding for Arterial Street Platting Fees by $500,000 in 2024. The additional funding will require an increase in appropriations that will be funded by platting fees collected. Water Reclamation Amend the Other Capital Expenditures Program by adding a fuel tank in 2024. The estimated cost is $10,000 and will not require an increase in appropriations as it will be funded by water reclamation user fees. Date adopted: 12/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 14. A RESOLUTION APPROVING THE RELEASE OF A STORM SEWER & DRAINAGE EASEMENT LOCATED WITHIN LOT 3 TRACT A (EX LOTS H1 & H2) REDROCK PARK 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to adopt Resolution No. 126-24. Roll call vote to adopt. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 126-24 A RESOLUTION APPROVING THE RELEASE OF A STORM SEWER & DRAINAGE EASEMENT LOCATED WITHIN LOT 3 TRACT A (EX LOTS H1 & H2) REDROCK PARK 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. WHEREAS, the City of Sioux Falls, SD, no longer needs the storm sewer & drainage 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; and WHEREAS, the permanent drainage easement was established by agreement and filed in Book 69 of Plats on page 25 in the office of the Register of Deeds for Minnehaha County, SD, on February 26, 2007; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of a permanent storm sewer & drainage easement, as shown on attached Exhibit A, and affecting the real property described as Lot 3 Tract A (Ex Lots H1 & H2) Redrock Park 2nd 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: 12/10/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 15. A MOTION TO APPROVE THE RECREATION CENTER PROGRAMMING PLAN. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Cole to approve Item 15. Roll call vote to approve. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Nikki Loyd spoke about Tzadik Properties, and Sierra Broussard obtaining information about Tzadik tenants. Dan Goeller spoke about Mayor TenHaken's comments about legislature, events during the Pride Festival, books available in public libraries, and culture wars. Chad Bishop spoke about funding of Siouxland Libraries, programs in libraries, and types of books available in the libraries. Michelle Klemmig (sp?) spoke on some comments made by Mayor TenHaken, the types of books available to minors in the public libraries, and read some pages from a book. Chandra Isackson spoke about some comments made by the Mayor, and read an excerpt from a book available in the teen section of public libraries and a few area high schools. Dustin [no last name given] introduced himself as a maintenance worker from Tzadik and some accomplishments. Chris [no last name given] spoke about the contents of a specific book that's available in the teen section of Siouxland Libraries. John Kunnari spoke on concerns of the term "cultural wars", protecting rights, and individuals voting illegally. Chester Deyoung spoke about City processes, a past easement vacation issue, how the City is violating its own ordinance and design standards, and a City maintenance vehicle on private property to access a sewer. Sherry Nytroe spoke about a specific book that's available in the teen section in the public library, and the hope of rethinking the age groups of where those types of books are made available. Amy Bruner read from a book found in the downtown library teen section and in Roosevelt High School, and her concerns of where the book is available. [No name given] spoke about culture and leaders protecting it, bills in legislature, and legislative duties. Tim Stanga spoke about the public libraries and the types of books found in the libraries, and looking at issues in Sioux Falls. Michael Stangland spoke about culture wars, his book, and those responsible for the availability of certain books. Bridget Myers spoke about the westside recreation facility, the Sioux Falls School District going to cashless payment system for sporting events, contents of a specific book found in the schools and libraries, and not banning books but adding parameters for them. Samantha Scarlata spoke about decorum during public meetings and Sierra Broussard. Sierra Broussard spoke about her community involvement, Samantha Scarlata, and cleaning up neighborhoods. Barro Kannah commented that this was his first time attending a Council Meeting, his community, immigrants, and the interaction of people in the community. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Basye to adjourn the meeting at 7:36 p.m. Voice vote to adjourn. 7 Yes: Sigette, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, December 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 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 Council Member Rich Merkouris Mayor Paul TenHaken 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 3, 2024  Regular City Council Meeting of Tuesday, December 3, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated December 6, 2024. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through November 30, 2024. REGULAR AGENDA 8. APPROVAL OF THE REGULAR AGENDA INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor Background & Objective: Provide supplemental appropriation for the Sales/Use Tax fund for platting fees collected. ORDINANCE FIRST READINGS 10. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO PROVIDE FOR CLARIFICATION ON THE STANDARDS USED TO DECLARE A DOG VICIOUS. Recommendation: Set a date of 2nd Reading for Tuesday, December 17, 2024. Sponsors: Council Members Barranco and Sigette Background & Objective: The proposed ordinance amends the existing vicious animal ordinance by updating the minimum guidelines for an animal to be declared vicious. 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW FOR THE TRAPPING, STERILIZING, AND VACCINATING COMMUNITY CATS AND RETURNING THEM TO THEIR ORIGINAL LOCATION. Recommendation: Set a date of 2nd Reading for Tuesday, December 17, 2024. Sponsors: Council Members Spellerberg and Barranco Background & Objective: The proposed ordinance would allow any person approved by the Sioux Falls Area Humane Society to humanely trap, sterilize, vaccinate for rabies, ear tip, and microchip a feral cat, and return them to their original location. HEARINGS AND RESOLUTIONS 12. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE 2025 BRIDGE IMPROVEMENT GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS. Sponsor: Mayor Background & Objective: The South Dakota Department of Transportation has a Bridge Improvement Grant Program allowing agencies to apply for a grant for bridge preservation funds. The City has applied for this grant in past years. This application is for the deck preservation of the 12th Street Bridge over Ellis and Eastern Rail Line and also Cliff Avenue Bridge over the Big Sioux River north of Rice Street. 13. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM. Sponsor: Mayor Background & Objective: Amending the 2024-2028 capital program to add an OCEP item for Water Reclamation and add funding to Project 11006, Arterial Street Improvements, for platting fees collected. 14. A RESOLUTION APPROVING THE RELEASE OF A STORM SEWER & DRAINAGE EASEMENT LOCATED WITHIN LOT 3 TRACT A (EX LOTS H1 & H2) REDROCK PARK 2ND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SD. Sponsor: Mayor Background & Objective: The easement was established as a route for public drainage and with improvements in the area, the drainage has been relocated and this easement is not longer needed. This resolution will remove the easement from the lot to aide with development. 15. A MOTION TO APPROVE THE RECREATION CENTER PROGRAMMING PLAN. Sponsor: Mayor Background & Objective: A motion to approve the Recreation Center Programming Plan. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT IF AN ADA ACCOMODATION IS NEEDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 OR CLERKS@SIOUXFALLS.GOV 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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