City Council Meeting

MINUTES City Council Meeting Tuesday, May 21, 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 David Barranco, Council Member Miranda Basye, Council Member Rich Merkouris, Council Member Jennifer Sigette, Council Member Curt Soehl, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Mayor Paul TenHaken Absent: Council Member Sarah Cole 2. INVOCATION  Mayor Paul TenHaken 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 Barranco to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  City Council Meeting of Tuesday, May 14, 2024  Special City Council Meeting of Friday, May 17, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated May 17, 2024. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Ngoc Thach to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on May 25, 2024. APPLICATIONS 8. Special One-Day Malt Beverage and Special One-day Wine Licenses for T Slat to be operated at 100 East 6th Street for an event on June 7, 2024. 9. Special One-Day Liquor Licenses for T Slat to be operated at 504 North Phillips Avenue, for concerts on June 6, 7, 8, 13, 14, and 15, 2024. 10. Various Retail Malt Beverage renewals for 2024-2025 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit C. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #10862, for 2023 property taxes in the amount of $900.68. 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. 12. Parcel #26051, for 2023 property taxes in the amount of $6,821.22. Reason: The property is exempt from the tax. 13. Parcel #29300, for 2021 property taxes in the amount of $2,222.52. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #29300, for 2022 property taxes in the amount of $2,163.97. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #29300, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #29447, for 2022 property taxes in the amount of $907.19. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #29447, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #32524, for 2023 property taxes in the amount of $9,860.06. Reason: The property is exempt from the tax. 19. Parcel #51666, for 2023 property taxes in the amount of $855.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 20. Parcel #53607, for 2020 property taxes in the amount of $1,628.84. Reason: The property is exempt from the tax. 21. Parcel #53630, for 2020 property taxes in the amount of $338.04. Reason: The property is exempt from the tax. 22. Parcel #74529, for 2023 property taxes in the amount of $1,711.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #76009, for 2022 property taxes in the amount of $1,268.74. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 24. Parcel #76009, for 2023 property taxes in the amount of $2,041.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #81153, for 2023 property taxes in the amount of $682.38. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 26. Parcel #88849, for 2020 property taxes in the amount of $685.06. 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. 27. Parcel #88849, for 2021 property taxes in the amount of $675.42. 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. 28. Parcel #88849, for 2022 property taxes in the amount of $660.22. 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. 29. Parcel #88849, for 2023 property taxes in the amount of $366.38. 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. 30. Parcel #88879, for 2022 property taxes in the amount of $183.78. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 31. Parcel #88879, for 2023 property taxes in the amount of $2,041.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 32. Parcel #90649, for 2023 property taxes in the amount of $1,544.26. 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. 33. Parcel #93034, for 2021 property taxes in the amount of $320.57. Reason: Improvements on any real property were considered or included in the valuation of the  real property, which did not exist on the real property at the time fixed by law for making the assessment. 34. Parcel #93034, for 2022 property taxes in the amount of $463.19. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 35. Parcel #93034, for 2023 property taxes in the amount of $498.24. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 36. Parcel #93521, for 2023 property taxes in the amount of $1,159.87. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 37. Parcel #93498, for 2023 property taxes in the amount of $511.47. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 38. Parcel #93628, for 2021 property taxes in the amount of $944.42. Reason: The property is exempt from the tax. 39. Parcel #93628, for 2022 property taxes in the amount of $940.92. Reason: The property is exempt from the tax. 40. Parcel #93628, for 2023 property taxes in the amount of $1,310.52. Reason: The property is exempt from the tax. 41. Parcel #93629, for 2021 property taxes in the amount of $1,013.84. Reason: The property is exempt from the tax. 42. Parcel #93629, for 2022 property taxes in the amount of $1,011.20. Reason: The property is exempt from the tax. 43. Parcel #93629, for 2023 property taxes in the amount of $1,002.18. Reason: The property is exempt from the tax. 44. Parcel #93642, for 2023 property taxes in the amount of $1,711.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 45. Parcel #97071, for 2023 property taxes in the amount of $560.93. 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. REGULAR AGENDA 46. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Sigette to approve the Regular Agenda. A motion was made by Council Member Merkouris and seconded by Council Member Sigette to amend the Regular Agenda by moving Item #76 to immediately before Item #47. Roll call vote to amend. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Item #76 was heard at this time. See item for action taken. UNFINISHED BUSINESS 47. New 2024-25 Retail Malt Beverage License for Red Sea Pub, 4930 North Cliff Avenue. 48. New 2023-24 Retail Malt Beverage License and New 2024 Retail Wine License for Remedy Pickleball Pub, 100 North Reid Street. 49. Transfer of 2024 Retail Liquor License from SF Hotel #1 LLC, 120 East 4th Place to Steel District Restaurants LLC, 150 East 4th Place, Suite 110 & 120 and 200 East 4th Place. 50. Transfer of 2024 Retail Liquor License from Steel District Office Tower LLC, 150 East 4th Place to SF Hotel #1 LLC, Canopy by Hilton, 120 East 4th Place. 51. Transfer of 2024 Retail Liquor License from Boss LLC, 5915 East 26th Street to MG Oil Company, 49th Street Liquor 2, 3601 South Minnesota Avenue, Suite I. 52. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, Happy Jacks Sioux Falls III, 3705 South Western Avenue, Suite C, to MG Oil Company, Corner Pantry 34 Casino 2, 2709 East 6th Street. 53. Transfer of 2023-24 Retail Malt Beverage License, include video lottery placement, from Big Al’s Inc., Big Al’s Casino, 4701 East Arrowhead Parkway, to MG Oil Company, Big Al’s Casino, 4701 East Arrowhead Parkway. 54. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Empire Casino Inc., 3908 West 41st Street, to MG Oil Company, Empire Casino, 3908 West 41st Street. 55. Transfer of 2023-24 Retail Malt Beverage License from Boss’ Pizza and Chicken LLC, 2111 South Minnesota Avenue, to Dakota Boss LLC, 2111 South Minnesota Avenue. 56. Renewal of 2024-25 Retail Malt Beverage License for Ali’s Sports Bar and Restaurant LLC, 4719 East Arrowhead Parkway. 57. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at 2407 South Summit Avenue, for a concert on May 31, 2024. 58. Special One-Day Liquor License for Treasury LLC to be operated at 300 North Cherapa Place, for a special event on June 1, 2024. 59. Special One-Day Malt Beverage License for T Slat Inc., to be operated at 6200 South Cliff Avenue, for a soccer game on June 7, 2024. 60. Special One-Day Malt Beverage Licenses for Covert Artisan Ales to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 61. Special One-Day Malt Beverage Licenses for Severance Brewing Company to be to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 62. Special One-Day Malt Beverage Licenses for Fernson Brewing Company to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 63. Special One-Day Malt Beverage Licenses for Woodgrain Brewing Company to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 64. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Panacea Brewing Company to be operated at 401 East 8th Street parking lot, for Downtown Sioux Falls block parties on June 7, July 5, and August 2, 2024. 65. Special One-day Malt Beverage and Special One-Day Wine Licenses for Panacea Brewing Company to be operated at 7121 South Cliff Avenue, for social events on July 13 & 14, 2024. 66. Special One-Day Off-Sale Wine License for Society of St Vincent De Paul to be operated at 100 West 8th Street. for a fundraiser on June 22, 2024. 67. Special One-Day Liquor Licenses for Great Bear Management Co. Inc., 5901 East Rice Street for special events on July 19, August 3 and 15, 2024. 68. Special One-Day Liquor Licenses for Midwest Capital to be operated at 301 South Thompson Avenue, for special events on May 25 and June 5, 2024. 69. Special One-Day Liquor License for Sioux Falls YMCA to be operated at 2301 East 26th Street, for a fundraiser on August 22, 2024.  A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve Items 47 - 55, and Items 57 - 69. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Basye to defer Item 56 to the June 4, 2024 meeting. Roll call vote to defer. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Basye to reconsider Item 56. Roll call vote to reconsider. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to defer Item 56 to the Wednesday, June 5, 2024 Council Meeting. Roll call vote to defer. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 70. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 18TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICTS TO THE MMU2 MIDTOWN MIXED-USE— MODERATE DENSITY DISTRICT, NO. 19330-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Reynolds Construction Management Services, Inc. – Paul Reynolds A motion was made by Council Member Barranco and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, June 18, 2024 for Item 70. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 71. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. PRAIRIE WIND ST. AND EAST OF S. BADLANDS AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN,  AND CN CONSERVATION DISTRICTS, NO. 19474-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1). Private Applicant(s): Empire Companies – Brady Hyde A motion was made by Council Member Soehl and seconded by Council Member Thomason to set a date of 2nd Reading for Wednesday, June 5, 2024 for Item 71. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 72. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. 12TH ST. AND WEST OF S. SPRING AVE. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE S- 1 GENERAL INSTITUTIONAL DISTRICT, NO. 19486-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc. – Pat Schwebach A motion was made by Council Member Merkouris and seconded by Council Member Barranco to set a date of 2nd Reading for Wednesday, June 5, 2024 for Item 72. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 73. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 721 S. PRAIRIE AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 19501-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Christian Swenson A motion was made by Council Member Thomason and seconded by Council Member Barranco to set a date of 2nd Reading for Wednesday, June 5, 2024 for Item 73. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 74. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. YUKON TRL. AND WEST OF N. MARION RD. FROM THE RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION DISTRICT, NO. 19503-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Hazeltine Partners LLP – Brian Jackson  A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Wednesday, June 5, 2024 for Item 74. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 75. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING REGULATIONS, SUBCHAPTER: PD PLANNED DEVELOPMENT DISTRICT. Private Applicant(s): Mayor Nineteen Flags, LLC A motion was made by Council Member Barranco and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, May 28, 2024, Joint City Council/Minnehaha County Commission Meeting for Item 75. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 76. A MOTION ADVISING, GIVING CONSENT, AND APPROVING THE MAYOR'S APPOINTMENT OF JOSEPH KIPPLEY AS PUBLIC HEALTH DIRECTOR. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve Item 76. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. NEW BUSINESS The Mayor passed the gavel to Council Vice Chair Rich Merkouris. 77. ELECTION OF CITY COUNCIL CHAIR. A motion was made by Council Member Sigette and seconded by Council Member Basye to nominate Curt Soehl as City Council Chair. Roll call vote to nominate. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 78. ELECTION OF CITY COUNCIL VICE CHAIR. A motion was made by Council Member Barranco and seconded by Council Member Thomason to nominate Rich Merkouris as City Council Vice Chair.  Roll call vote to nominate. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 79. ELECTION OF AUDIT COMMITTEE CHAIR. A motion was made by Council Member Merkouris and seconded by Council Member Thomason to nominate David Barranco as Audit Committee Chair. Roll call vote to nominate. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT Chester Deyoung spoke on his concerns of the City's plan to build an apartment complex in his neighborhood. Tim Burmeister spoke about his neighborhood, the apartment complex, and encouraged the Council to visit his neighborhood. Leon Hall spoke on his concerns on opening the road in his neighborhood. Tina Peterson spoke to the Council needing to ensure that any development is obeying standards and zoning; she also spoke on vehicle and pedestrian traffic in her neighborhood. Jeff Maroon spoke on the amount of traffic in their neighborhood. John Cunningham spoke on the information that elected officials give to the media needs to be correct and factual. Cory Geier spoke on concerns of additional traffic and crime if the proposed apartment complex is built. Brenda Fredericks spoke about how the neighborhood was not built for high amounts of traffic. Paul Marlow spoke on concerns of speeding traffic, and the conditions, utility fees, and customer service of the Hidden Hills apartment complex. Tim Stanga spoke on a crime incident that happened to his rental property and other nearby properties; he also spoke about an incident with someone who was speeding on an ATV; and City law enforcement. Robert Sykes spoke on concerns if an additional street is opened up in his neighborhood. Daniel Meints spoke about his concerns of the additional traffic of the proposed apartment complex and opening of the additional road; he also encouraged Councilors to come to the neighborhood and take a look at the streets.  Sierra Broussard spoke on the newly elected Council Members not being aware of all the issues, and that residents should contact Council Members and invite them to neighborhoods. Michelle Geier spoke on the negative impact to the neighborhood if the proposed apartment complex is built. Diane Deyoung spoke on the ineffectiveness of "no parking" signs and the traffic in the neighborhood. Elizabeth Archer spoke on the potential negative impact to the neighborhood if Grant Street is opened. Ron Urban spoke on the neighborhood not being designed to handle heavy traffic, and the current difficulty faced when navigating East Taylor Street. Deb Woods spoke on Tzadik Properties; and she read comments about living conditions from another Tzadik Properties tenant. Dean Buckman spoke on Tzadik Property Management lease documents and the extra charges being added to tenants. Colleen Wilde spoke on the efforts of Tzadik Property Management, and about a recent townhall meeting with Tzadik tenants. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Spellerberg to adjourn the meeting at 7:43 p.m. Voice vote to adjourn. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk