City Council Meeting

MINUTES City Council Meeting Tuesday, February 11, 2025, 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 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, Mayor Paul TenHaken Absent: None 2. INVOCATION • Rev. Constanze Hagmaier, Bishop of the South Dakota Synod, ELCA 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Soehl to place the following three items from the Consent Agenda onto the Regular Agenda for Council discussion: Agenda Item 6, Sub-Item 4; Agenda Item 6, Sub-Item 5, and Agenda Item 7, Contract 25-4045. A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Monday, February 3, 2025 • Regular City Council Meeting of Monday, February 3, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated February 7, 2025. A motion was made by Council Member Soehl and seconded by Council Member Cole to approve Item 6, Sub-Item 4; 25-3051, Kuehn Park Aquatics: AIA Agreement; Kuehn Park Aquatic Facility, Final Design Agreement, Stockwell Engineers, Inc., $1.863,665.55; and Item 6, Sub-Item 5; 25-3050, Frank Olson Aquatics: AIA Agreement: Frank Olson Park Community Recreation Center & Park Improvements, Williams Architects, $4,530,300. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through January 31, 2025. Discussed Item 7, Contract 25-4045, Riverline Center Business Plan and Funding Strategy Agreement, Johnson Consulting, Ent. Venues, $80,000. 8. Approval of surplus property disposition on the memorandum dated December 31, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #37381, for 2024 property taxes in the amount of $1,005.50. 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. 10. Parcel #44091, for 2024 property taxes in the amount of $1,890.85. 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. 11. Parcel #52491, for 2024 property taxes in the amount of $1,699.48. Reason: Applicant, having otherwise qualified for the Assessment Freeze for the Elderly and Disabled, but missed the deadline as prescribed in 10-6A-4. 12. Parcel #60093, for 2024 property taxes in the amount of $1,263.76. Reason: Assessment Freeze for the Elderly and Disabled. 13. Parcel #87998, for 2024 property taxes in the amount of $326.07. Reason: The taxpayer purchased the home on 10/23/2024 and was issued the 100% Permanent and Total Disabled Veteran evaluation on 7/28/2023. They are requesting an abatement for the $150,000 exemption for November - December 2024 taxes payable in 2025. 14. Parcel #88849, for 2024 property taxes in the amount of $444.62. 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. 15. Parcel #93231, for 2024 property taxes in the amount of $1,162.49. Reason: Application for Contractor Owner Occupancy was received and approved for 2024 payable 2025, but was not applied to the property in error. This has been corrected going forward in 2025. 16. Parcel #94669, for 2024 property taxes in the amount of $1,304.62. Reason: Application for Contractor Owner Occupancy was received and approved for 2024 payable in 2025, but was not applied to the property in error. This has been corrected going forward in 2025. 17. Parcel #94657, for 2024 property taxes in the amount of $1,327.81. Reason: Application for Contractor Owner Occupancy was received and approved for 2024 payable 2025, but was not applied to the property in error. This has been corrected going forward in 2025. 18. Parcel #94659, for 2024 property taxes in the amount of $1,299.49. Reason: Application for Contractor Owner Occupancy was received and approved for 2024 payable 2025, but was not applied to the property in error. This has been corrected going forward in 2025. REGULAR AGENDA 19. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Barranco to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to amend by moving Item 24 in front of Item 22. Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Pulled Items 6 and 7 were heard at this time. See items for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 20. 1st Reading: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND ST. JOSEPH CATHOLIC HOUSING INC., 523 N. DULUTH AVE., SIOUX FALLS, SD 57104. Sponsor: Mayor  A motion was made by Council Member Spellerberg and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, February 18, 2025 for Item 20. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES, SECTION 41.005 FEES FOR PARKING. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, February 18, 2025 for Item 21. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Item 24 was heard at this time. See item for action taken. 22. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, February 18, 2025 for Item 22. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 23. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adopt Resolution No. 11-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 11-25 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the City of Sioux Falls once at least ten (10) days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: FARM LEASES—TILLABLE CROPLAND, PASTURE, AND HAYING LEASES— ONE-YEAR LEASES • Tract 1 and Tract 2 of Sencore Addition to City of Sioux Falls in the S1/2 of Section 6-T101N-R49W of the 5th P.M., Minnehaha County, SD • Tract 1, except Bluegrass Addition, in the S1/2SE1/4 of Section 26-T101N-R49W, AND Lot 5, Block 1, Brady Estates East Addition to the City of Sioux Falls, Minnehaha County, SD • Tract 2, Tract 7, Tract 8, and Tract 10 all in the SW1/4 of Section 36-T102N-R50W of the 5th P.M., Minnehaha County, SD • Tract 1 and Tract 2, Thelin Addition to City of Sioux Falls in the N1/2NW1/4 of Section 1-T101N-R50W of the 5th P.M., Minnehaha County, SD • Tract 1 of Iverson Park Addition in the SW1/4 of Section 21-T101N-R48W of the 5th P.M., Minnehaha County, SD • That part of the SE1/4NW1/4 lying south of SD Hwy 42 in Section 28-T101N-R48W of the 5th P.M., Minnehaha County, SD • That part of Tracts 4 and 5 of G. H. Perry Addition of the N1/2 of Section 28-T101N- R48W of the 5th P.M., Minnehaha County, SD, lying west of the Big Sioux River and north of SD Hwy 42 • Tract 2 in the SE1/4 of Section 29-T102N-R49W of the 5th P.M., Minnehaha County, SD, lying west of Ditch Road and north of 60th Street North • Tract 1 of Sioux Falls Landfill Addition in the E1/2 of Section 34-T101N-R51W of the 5th P.M., AND Tract 1 of Sioux Falls Landfill Addition in Section 35-T101-R51W of the 5th P.M., all in Minnehaha County, SD, AND Lot 2 of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12-T100N-R52W of the 5th P.M., AND Lots 1, 3, 4, 5, 6, 7 and platted drive of Luden’s Tract 4 in the E1/2E1/2 of fractional Section 12- T100N-R52W of the 5th P.M., all in Turner County, SD, AND Tract 1, Tipton’s Addition in the NW1/4 of Section 7-T100N-R51W of the 5th P.M., Lincoln County, SD • W1/2SE1/4 and E1/2SW1/4, now known as Wellfield 1st Addition in the S1/2 of Section 8-T102N-R49W of the 5th P.M., Minnehaha County, SD • That part of the W1/2SW1/4 lying east of railroad right-of-way in Section 4-T102N- R49W of the 5th P.M., Minnehaha County, SD • Nesheim 2nd Addition in the E1/2NE1/4 of Section 20-T103N-R49W of the 5th P.M., Minnehaha County, SD • Tract 1 of NW1/4, and Tract 1D of NE1/4, and NE1/4 (except Swartz’s Addition and except all H Lots), and Tract 1 (access road) of SE1/4 all in Section 28-T103N- R49W of the 5th P.M., AND Tract 1 (access road) of SW1/4 in Section 27-T103N- R49W of the 5th P.M., all in Minnehaha County, SD • E1/2SW1/4 (except H Lots) and SE1/4 (except Tracts 1, 2, and 3 of Swartz’s Additions and except H Lots) all in Section 21-T103N-R49W of the 5th P.M., Minnehaha County, SD • NE1/4 and N1/2SE1/4 (except areas east of county road along Slipup Creek) all in Section 23-T102N-R49W of the 5th P.M., Minnehaha County, SD • W1/2NE1/4 and E1/2NW1/4 in Section 12-T102N-R49W of the 5th P.M., Minnehaha County, SD • Tract 1 and Tract 2 of Slipup Creek Watershed Addition in the SE1/4 and SW1/4 in Section 1-T102N-R49W of the 5th P.M., Minnehaha County, SD • N1/2SE1/4 (lying east of county road along Slipup Creek) in Section 23-T102N- R49W of the 5th P.M., AND NW1/4SW1/4 of Section 24-T102N-R49W of the 5th P.M., Minnehaha County, SD • N1/2NE1/4 (except Fredericksen Tract 1 contained therein, and except County Auditor’s Lot H-1 contained therein) of Section 14-T102N-R49W of the 5th P.M., Minnehaha County, SD • Rogers Tract 2 in the NW1/4 of Section 4-T102N-R49W of the 5th P.M., Minnehaha County, SD • W1/2NE1/4 (except Tract 1) and E1/2NW1/4 of Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD • Tract 6B County Auditor’s Subdivision and part of the NW1/4NE1/4 (except Lot E-1) all in the NE1/4 of Section 32-T102N-R49W of the 5th P.M., AND a portion of Lot E- 3 and Tract 2, both of County Auditor’s Subdivision in the NW1/4 of Section 33- T102N-R49W of the 5th P.M., all in Minnehaha County, SD • Northwest Tower Addition in the SW1/4 of Section 24-T102N-R50W of the 5th P.M., Minnehaha County, SD • SW1/4SE1/4 in Section 7-T103N-R50W of the 5th P.M., Minnehaha County, SD • NE1/4SE1/4, and the access strip of land 16.5 feet in width known as Tract 1, all in the SE1/4SE1/4 of Section 31-T104N-R50W of the 5th P.M., Minnehaha County, SD • Vander Woude Tract 2 in the NW1/4 of Section 2-T101N-R50W of the 5th P.M., Minnehaha County, SD • Tract 1 of Golden Gateway Addition to the City of Sioux Falls, Minnehaha County,  SD • Tract A of Sioux Empire Development Park 8 Addition to the City of Sioux Falls in Section 35-T102N-R49W of the 5th P.M., Minnehaha County, SD • N1/2NW1/4 & SW1/4NW1/4 & SE1/4NW1/4 & NW1/4NE1/4 all in Section 36- T102N-R49W of the 5th P.M., AND SW1/4 & SW1/4NE1/4 lying west of the Big Sioux River, all in Section 36-T102N-R49W of the 5th P.M., AND NW1/4 & SW1/4 lying north and west of the Big Sioux River in Section 1-T101N-R49W of the 5th P.M., AND Tract 1 Knabach Addition to the City of Sioux Falls, Minnehaha County, SD, AND Tract 2 of East Benson Addition to the City of Sioux Falls, Minnehaha County, SD • W1/2NE1/4 (EX R-1 & EX S200), Section 34-T101N-R51W of the 5th P.M., Minnehaha Co., SD, physical address of 46369 267th St., Hartford, SD 57033 • That portion of the West Half of the Northwest Quarter (W1/2 NW1/4) lying East of the Railroad Right-of-Way, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The East Half of the Northwest Quarter (E1/2 NW1/4), except the South 2 Rods thereof and except the North 33 feet of the East Half of the Northwest Quarter (E1/2 NW1/4) of Section 9, Township 102 North, Range 49 West of the 5th P.M., Lying South of and immediately adjacent to Lot 4, except the East 178.3 feet of said Lot 4 measured along the South line thereof, of Nessans Subdivision of Tract 1 of County Auditor’s plat of Tracts 1 and 2 of the Southeast Quarter of the Southwest Quarter (SE1/4 SW1/4) of Section 4, Township 104 North, Range 49 West of the 5th P.M., all of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD; AND The North Half of the Northeast Quarter (N1/2 NE1/4) except Lot H-1 contained therein and except the Silver Creek Estates Replat, of Section 9, Township 102 North, Range 49 West of the 5th P.M., Minnehaha County, SD • SW1/4 lying east of Big Sioux River (except Swanson’s Tract 1) & W1/2SE1/4 (except Sweetman Tract 1), all in Section 20-T102N-R49W of the 5th P.M., Minnehaha County, SD • Unzelman & Shultz Addition in the Northeast Quarter (NE1/4) and the East One- Half of the Northwest Quarter (E1/2NW1/4) of Section 15, of Township One Hundred One (101) North in Range 50 West of the 5th P.M., Minnehaha County, SD, according to the recorded plat thereof GREEN SPACE LEASES—LEASED BY NEIGHBORING OWNER IN EXCHANGE FOR WEED CONTROL/LAWN MAINTENANCE—ONE-YEAR LEASES • Lot 4, Block 2, Fox Run Addition, an Addition to the City of Sioux Falls, Minnehaha County, SD • Tract 2, Great Northern Second Addition to the City of Sioux Falls, Minnehaha County, SD • Lot 1 in Tract B, Sycamore Crossing Addition to the City of Sioux Falls, Minnehaha County, SD  DRAINAGE PROPERTY—PORTION LEASED FOR CONCRETE PAD PARKING AND DUMPSTER ENCLOSURE—ONE-YEAR LEASE • Tract 1 of Great Northern First Addition to the City of Sioux Falls, Minnehaha County, SD TOWER PROPERTY—PORTION LEASED FOR COMMUNICATION TOWER MULTIYEAR LEASE • Lot 2A of the replat of part of Block 4 of Lewis Heights Addition to the City of Sioux Falls, Minnehaha, County, SD • 57th Street Elevated Water Storage Tank Space located within Lot 1 of Bakker Tract No. 1 in Government Lots 2 and 3 of Section 12-T100N-R50W of the 5th P.M., Lincoln County, SD, commonly known as 2201 E. 57th St. • Menlo Avenue Elevated Water Storage Tank Space located within Block 23, Sage’s Subdivision of Blocks 7, 10, and 23, of Park Addition to Sioux Falls, Minnehaha County, SD, commonly known as 1200 S. Menlo Ave. • Melanie Lane Elevated Water Storage Tank located within Tract 2, Sycamore Hill Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 1900 S. Melanie Ln. • Western Heights Elevated Water Storage Tank located within Lot A in Tract 1 of Public School Addition to the City of Sioux Falls, Minnehaha County, SD, commonly known as 3201 S. Kuehn Park Rd. Date adopted: 02/11/25 . Paul TenHaken, Mayor ATTEST: Jeremy Washington, City Clerk 24. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AND COMMEMORATION AGREEMENT FOR A FUTURE CASH GIFT FOR THE REPLACEMENT OF THE WADING POOL LOCATED AT MCKENNAN PARK. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Thomason to adopt Resolution No. 12-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 12-25 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AND COMMEMORATION AGREEMENT FOR A FUTURE CASH GIFT FOR THE REPLACEMENT OF THE WADING POOL LOCATED AT MCKENNAN PARK. WHEREAS, McKennan Park is park property owned by the City and is located 400 East 26th Street; and WHEREAS, McKennan Park currently has a wading pool and bathhouse/warming house and operations building which opened in 1971; and WHEREAS, the City desires to replace the wading pool and the bathhouse/warming house and operations building; and WHEREAS, the City has included the replacement in its Capital Improvement Program (“CIP”) and has appropriated and made available $4.7 million dollars to be applied toward construction of a new wading pool and bathhouse/warming house and operations building, concession area, along with other amenities; and WHEREAS, the Sioux Falls Area Community Foundation (the “Foundation”), on behalf of Pierce and Barbara McDowell (the “Donors”) desire to gift the City a future cash gift for the enhancements to the replacement of the wading pool located at McKennan Park; and WHEREAS, the Donors desire to fund the additional site enhancements in an amount not to exceed $2,500,000 as follows: 1) architectural enhancements to the warming house/bathhouse and operations building; 2) expanded concessions area; 3) shade structures; 4) irrigation for the pool area; 5) additional spray features in the pool; 6) additional site furnishings (benches, trash/recycling cans, planters); 7) sculpture and supporting landscaping area with mounting stone and interpretive sign (the “Interpretive Sign”); 8) hanging (double) flower baskets on the light poles along the main path and pool area (24 total); 9) replacement of existing permanent trash/recycling cans throughout the park (10 sets total); and 11) additional design and professional services (collectively the “Enhanced Improvements”); and WHEREAS, the Donors desire to receive commemorative recognition; and WHEREAS, placement of the proposed sculpture will be subject to separate future recommendations by the Sioux Falls Parks and Recreation Board and the Arts Commission and approval of the City Council by resolution. The Parties agree that the placement of the sculpture shall only become effective when City Council approval is obtained and becomes final; and WHEREAS, on January 28, 2025, the Sioux Falls Parks and Recreation Board considered the commemorative designation application No. 2025-04, and the proposed “Conditional Gifting and Commemoration Agreement for a Future Cash Gift for the Replacement of the Wading Pool Located at McKennan Park” and unanimously recommended City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the document attached to and made a part of this resolution entitled, “Conditional Gifting and Commemoration Agreement for a Future Cash Gift for the Replacement of the Wading Pool Located at McKennan Park,” allowing for a commemorative sign is hereby approved.  Section 2. That the Mayor is authorized to sign the “Conditional Gifting and Commemoration Agreement for a Future Cash Gift for the Replacement of the Wading Pool Located at McKennan Park” after it is ratified and executed by the Foundation. Section 3. That the City shall publish the resolution, without attachment, after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Date adopted: 02/11/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 25. A RESOLUTION DECLARING THE BROCKHOUSE ANIMAL COLLECTION SURPLUS AND AUTHORIZING THE GIFTING TO UNIVERSITY OF NOTRE DAME, INSTITUTE FOR NATURAL HISTORY ARTS, INC., AND THE ODDITIES MUSEUM, INC. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Sigette to adopt Resolution No. 13-25. A motion was made by Council Member Basye and seconded by Council Member Merkouris to amend by adding Section 6 that will read as follows, "That, prior to donating the Collection to the recipient organizations above, the City agrees to enter into a contract for the creation of an interactive exhibit that encourages hands-on learning and discovery of the Brockhouse Animal Collection. The interactive video exhibit along with the panda will be located at the Great Plains Zoo. The location of the exhibit will be identified on the Zoo Master Plan approved by the City Council,". Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 13-25 A RESOLUTION DECLARING THE BROCKHOUSE ANIMAL COLLECTION SURPLUS AND AUTHORIZING THE GIFTING TO UNIVERSITY OF NOTRE DAME, INSTITUTE FOR NATURAL HISTORY ARTS, INC., AND THE ODDITIES MUSEUM, INC. WHEREAS, Henry Brockhouse, a Sioux Falls businessman, was an avid hunter in the 1940s, 1950s, and 1960s, and, as a result, he acquired an extensive collection of mounted animals from six continents (the “Brockhouse Animal Collection” or “Collection”) which he displayed to customers and visitors for many years in his West Sioux Hardware store (“West Sioux”) until his death in 1978; and WHEREAS, many of these species are protected under the Endangered Species Act, Marine Mammal Protection Act, Lacey Act, and the Migratory Bird Treaty Act; and WHEREAS, in 1981, C.J. and Alene Delbridge purchased the Brockhouse Animal Collection from West Sioux; and WHEREAS, between 1981 and 1985, the Delbridges gifted the Brockhouse Animal Collection in its entirety to the City with no reversionary interest; and WHEREAS, the City has full legal ownership of the Brockhouse Animal Collection, which are listed individually in the document attached hereto as Exhibit A; and WHEREAS, from 1984 to 2023, the City housed and publicly displayed the Brockhouse Animal Collection at the Delbridge Museum of Natural History (“Delbridge Museum”) located at the Great Plains Zoo campus; and WHEREAS, over the years, the Collection has undergone several assessments by consultants to determine its current condition and to identify its needs with its advancing age as the animal mounts are 50 to 80 years old; and WHEREAS, in 2023, the Zoological Society of Sioux Falls, the manager of the Great Plains Zoo, as part of its routine assessment of the Collection, sent in swab tests for chemicals and subsequently received lab results from Midwest Laboratories (“Lab”) that 79.5 percent of the Collection tested positive for arsenic, a chemical which had been used in the taxidermy process for the preservation of hides in the era when Brockhouse first acquired these animals in this Collection, which led to the closure of the Delbridge Museum in August of 2023 to explore other options; and WHEREAS, in September 2023, Mayor TenHaken convened a work group to specify the next steps for the Brockhouse Animal Collection; and WHEREAS, the work group engaged A.M. Art Conservation, LLC, and George Dante Studios to assess the Collection. The site visit occurred February 5–9, 2024, and the report was finalized July 8, 2024; and WHEREAS, over several months, presentations were made to the work group showing the following: (1) Canopy Strategic Partners’ analysis of visitors at the Great Plains Zoo usage data shows poor visitation to the Delbridge Museum at 2.8 percent of total zoo attendees spending 7 minutes or more in the Delbridge Museum when it was operational between the period of 2017 and 2023; (2) A.M. Art Conservation, LLC and George Dante Studios provided a cost proposal to restore the mounts which was estimated at roughly $850,000 (excluding cost for cleaning, transportation, and arsenic treatment); (3) 18 of the specimens were deemed “not recommended for treatment”; (4) a new building to store the Collection was preliminarily estimated to cost between $6 million and $7 million, which includes the diorama expense and 6-foot-tall glass partitions ($1 million) or the fully-enclosed glass systems ($2 million), which is the best practice to safely display the Collection; and (5) there would be ongoing annual operating costs to include marketing of the Collection after this major investment of $126,000/year. WHEREAS, the work group recommended that state law be changed, which would allow disposition of the taxidermy mounts to out-of-state nonprofit organizations; and WHEREAS, in early 2024, House Bill 1100, amending SDCL 6-13-15, passed and became effective July 1, 2024, which secured an exemption for taxidermy to allow the Delbridge mounts to be legally transported out of state, facilitating donation to other out-of-state nonprofit institutions; and WHEREAS, on September 20, 2024, the City issued a Request for Qualification and Expression of Interest (“RFQEI”) to gauge interest from qualified entities for future ownership, management, preservation, and utilization of the Brockhouse Collection; and WHEREAS, the City received six proposals in response to the RFQEI and no qualified 501(c)(3) nonprofit organization from South Dakota submitted a proposal; and WHEREAS, the University of Notre Dame, the Institute for Natural History Arts, Inc., and Oddities Museum, Inc. find it desirable to acquire a portion of the Collection as follows: • 117 specimens—University of Notre Dame • 33 specimens—Oddities Museum, Inc. • 2 specimens—Institute for Natural History Arts, Inc. WHEREAS, the University of Notre Dame, the Institute for Natural History Arts, Inc., and Oddities Museum, Inc. are all 501(c)(3) nonprofit organizations; and WHEREAS, pursuant to SDCL 6-13-1, the governing board of a public subdivision may gift 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, pursuant to SDCL 6-13-15, any municipality may provide as a gift to any nonprofit organization that is recognized as an exempt organization under 501(c)(3) of the Internal Revenue Code of 1986, as amended to January 1, 1996, any collection of specimens preserved by a taxidermist that has been housed in a museum or other display owned by the municipality. The gift may include collection display and storage fixtures and related tangible personal property; and WHEREAS, based on the above findings, the City hereby finds the Collection is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the Sioux Falls Zoo and Aquarium Board met on August 23, 2023, and unanimously recommended the Collection be declared surplus; and WHEREAS, the Brockhouse Animal Collection at Delbridge Museum work group met on January 17, 2025, and unanimously recommended the Collection be declared surplus and recommended the City Council authorize the gifting of the Collection to the  University of Notre Dame, the Institute for Natural History Arts, Inc., and Oddities Museum, Inc; and WHEREAS, the Parks and Recreation Board met on January 29, 2025, and unanimously recommended the Collection be declared surplus and recommended the City Council authorize the gifting of the Collection to the University of Notre Dame, the Institute for Natural History Arts, Inc., and Oddities Museum, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted as findings and are incorporated herein by reference. Section 2. The City hereby declares, pursuant to SDCL Chapter 6-13, the Brockhouse Animal Collection housed at the Delbridge Museum of Natural History to be surplus property and is no longer necessary, useful, or suitable for the purpose for which it was acquired. In support of this determination, the City found that one, all, or a combination of these factors listed in the recitals support a determination for surplus. Section 3. That, pursuant to SDCL 6-13-15, the Brockhouse Animal Collection identified in Exhibit A is hereby gifted to the following 501(c)(3) nonprofit organizations: the University of Notre Dame; the Oddities Museum, Inc., and the Institute for Natural History Arts, Inc. Section 4. The above-described Collection shall be divided as follows: • 117 specimens—University of Notre Dame • 33 specimens—Oddities Museum, Inc. • 2 specimens—Institute for Natural History Arts, Inc. The division of the Collection is depicted in Exhibit A. Section 5. The City shall publish this resolution with attachment after its passage. The attachment is on file and available for inspection in the office of the City Clerk. Section 6. That, prior to donating the Collection to the recipient organizations above, the City agrees to enter into a contract for the creation of an interactive exhibit that encourages hands-on learning and discovery of the Brockhouse Animal Collection. The interactive video exhibit along with the panda will be located at the Great Plains Zoo. The location of the exhibit will be identified on the Zoo Master Plan approved by the City Council. Date adopted: 02/11/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 26. A motion requesting that the office of internal audit immediately review all existing gifting agreements the city has entered in and provide a report to the City Council that  identifies all agreements where the city has agreed to do something or care for something in perpetuity for an undefined amount of time. Sponsors: Council Members Merkouris and Basye A motion was made by Council Member Merkouris and seconded by Council Member Basye to approve the motion. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT The following items were discussed: DEI policies; funding sources for a Downtown Convention Center; corruption in all levels of government; what will happen to the skatepark and pool if a new convention center is built; Tzadik properties; the Bishop Dudley House property and fence; a Thank you to former Council Member Greg Neitzert for his research on items; and a request for help to get back an emotional support dog. ADJOURNMENT A motion was made by Council Member Spellerberg and seconded by Council Member Basye to adjourn at 8:33 p.m. Voice vote to adjourn. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk