City Council Meeting

MINUTES City Council Meeting Wednesday, October 15, 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 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: Council Member Rich Merkouris 2. INVOCATION • Pastor Quentin Beard, LifeChange Church 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 Spellerberg to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Cole, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, October 7, 2025 • Regular City Council Meeting of Tuesday, October 7, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated October 10, 2025. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through September 30, 2025. REGULAR AGENDA 8. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Basye to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Cole, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 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, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION, SUBCHAPTER RETAIL SALES AND SERVICE TAX AND USE TAX REFUND. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to adopt Ordinance No. 65-25. Roll call vote to adopt. 7 Yes: Cole, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 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 AMENDING CHAPTER 158: 2006 JOINT ZONING REGULATIONS LINCOLN COUNTY AND SIOUX FALLS, SECTION 158.015: BOUNDARIES OF JOINT AND PLATTING JURISDICTION. Sponsor: Mayor A motion was made by Board Member Cole and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, October 28, 2025 for Item 10. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 11. A RESOLUTION GRANTING CONSENT OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA TO THE TRANSFER OF CONTROL OF THE OPEN VIDEO SYSTEM LICENSE AGREEMENT AND OPEN VIDEO SYSTEM TO BLUEPEAK ABS ASSET ENTITY I, LLC. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Barranco to adopt Resolution No. 86-25. Roll call vote to adopt. 7 Yes: Cole, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 86-25 A RESOLUTION GRANTING CONSENT OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA TO THE TRANSFER OF CONTROL OF THE OPEN VIDEO SYSTEM LICENSE AGREEMENT AND OPEN VIDEO SYSTEM TO BLUEPEAK ABS ASSET ENTITY I, LLC. WHEREAS, the City and PrairieWave Holdings, Inc. entered into an Open Video System (“OVS”) License Agreement on or about January 19, 2005, and filed as Agreement No. 05-0013 (the “OVS License Agreement”); and WHEREAS, on March 23, 2007, the City executed a Consent to Transfer of Control agreeing that the OVS License Agreement transfer to Knology, Inc.; and WHEREAS, on June 6, 2012, the City executed a Consent to Transfer of Control agreeing that the OVS License Agreement transfer to WideOpenWest Finance, LLC; and WHEREAS, the City extended the term of the OVS License Agreement through December 31, 2019, in Resolution 80-14; and WHEREAS, in Resolution 108-14, the City approved the transfer of the OVS License Agreement to Clarity Telecom, LLC d/b/a Vast Broadband (“Clarity Telecom”); and WHEREAS, in Resolution 46-19, the City and Clarity Telecom agreed to a renewed OVS License Agreement that extended the existing license agreement to December 31, 2029; and WHEREAS, in Resolution 47-19, the City conditionally approved the transfer of the OVS License Agreement to Python Intermediate II, LLC, though Clarity Telecom continued to operate and maintain the open video system in the City (the “System”); and WHEREAS, in Resolution 8-21, the City conditionally approved the transfer of ownership and control of Clarity Telecom from Python Intermediate II, LLC to GI DI Rushmore TopCo LLC; and WHEREAS, the trade name of Clarity Telecom, LLC has changed from Vast Broadband to Bluepeak; and WHEREAS, Clarity Telecom, LLC has submitted an FCC Form 394 Transfer Application seeking to transfer the license from Clarity Telecom to Bluepeak ABS Asset Entity I, LLC (“Bluepeak ABS”), an indirect wholly owned subsidiary of Clarity Telecom (the “Proposed Transaction”); and WHEREAS, under the Proposed Transaction, Bluepeak ABS will operate and maintain the System and will provide cable service using the System, and it will continue to do business under the trade name Bluepeak; and WHEREAS, Section 22 of the OVS License Agreement requires the City’s consent to the Proposed Transaction, and Clarity Telecom, LLC has requested such approval in a transfer application (the “Transfer Application”); and WHEREAS, in reliance on representations made by and on behalf of Clarity Telecom and Bluepeak ABS, the City is willing to grant its consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City’s approval of the Proposed Transaction is therefore appropriate if Bluepeak ABS will be responsible for all acts and omissions, known and unknown, under the OVS License Agreement and applicable law for all purposes, including, without limitation, renewal, or extension of the OVS License Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD, AS FOLLOWS: Section 1. The City’s consent to and approval of the Transfer Application is hereby granted in accordance with the OVS License Agreement, subject to the following conditions: 1.1 Actual closing of the Proposed Transaction consistent with the Transfer Application and written notice of the closing within thirty (30) days of the date of closing, notifying the City of the closing; 1.2 Acceptance and acknowledgement of this Resolution by Clarity Telecom, LLC and Bluepeak ABS, LLC within ten (10) days of the adoption of this Resolution; 1.3 Bluepeak ABS shall deliver a license agreement performance bond in the amount of $50,000 in a form acceptable to the City, prior to consummation of the Proposed Transaction, guarantying the full performance of the Licensee; 1.4 Bluepeak ABS shall execute and deliver a Guaranty Regarding Rates and Services in the form of Exhibit A, attached hereto and incorporated herewith, within thirty (30) days of the effective date of this Resolution, specifying that subscriber services, rates, and charges in the City will not increase as a result of the Proposed Transaction; 1.5 Bluepeak ABS will comply with any and all applicable conditions or requirements as set forth in all approvals granted by federal agencies with respect to the Proposed Transaction and the Transfer Application (including any conditions with respect to programming agreements);  1.6 After closing of the Proposed Transaction, Bluepeak ABS will continue to be responsible for all past acts and omissions, known and unknown, under the OVS License Agreement and applicable law for all purposes in the same manner as before the Proposed Transaction; 1.7 Venue for any and all disputes arising from the Proposed Transaction between the City and the Transferee shall be in the State of South Dakota; and 1.8 The City waives none of its rights with respect to Clarity Telecom’s compliance with the terms, conditions, requirements, and obligations set forth in the OVS License Agreement and in applicable law. The City’s consent to the Proposed Transaction shall in no way be deemed a representation by the City that Clarity Telecom is in compliance with the OVS License Agreement and applicable law. Section 2. If any conditions or requirements specified in this Resolution are not satisfied, then the City’s consent to and approval of the Transfer Application and the Proposed Transaction are hereby denied and are void as of the date thereof. Section 3. Pursuant to Section 24 of the OVS License Agreement, Clarity Telecom shall reimburse the City all incidental legal and consultant costs incurred by the City as a result of the Proposed Transaction. Neither Clarity Telecom, LLC nor Bluepeak ABS shall offset such payment against any payment made or owed to the City pursuant to the OVS License Agreement. Section 4. If any of the oral or written representations made to the City by Clarity Telecom, Bluepeak ABS, or any subsidiary, agent, contractor, officer, or representative thereof proves to be materially incomplete, untrue, or inaccurate in any respect, such representation shall be deemed a material breach of the OVS License Agreement and applicable law, entitling the City to any available remedies, including, without limitation, revocation, or termination of the OVS License Agreement. Section 5. This Resolution shall not be construed to grant or imply with City’s consent to any other transfer or assignment of the OVS License Agreement or any other transaction that may require the City’s consent under the OVS License Agreement or applicable law. The City reserves its rights regarding any such transaction or transactions. [intentionally left blank] Date adopted: 10/15/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT  The following items were discussed: a request for the Mayor and City Attorney to explain why the Delbridge Museum animals were considered surplus property; and the need to preserve some of the city's history. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Soehl to adjourn at 6:18 p.m. Voice vote to adjourn. 7 Yes: Cole, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk