City Council Meeting

MINUTES Regular City Council Meeting Wednesday, June 5, 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 Miranda Basye, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor JT Shaw, Ransom Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Gary Zitterich CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Merkouris to place Consent Agenda Item 6, Sub-Item 5, Parks/Recreation: Offer to Purchase Commercial Real Estate and Asset Agreement, 24-0070, Sanford Wellness Center; Sanford Medical Center; $9,000,000 to the Regular Agenda for discussion. A motion was made by Council Member Merkouris and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES   Informational Meeting of Tuesday, May 21, 2024  City Council Meeting of Tuesday, May 21, 2024  Informational Meeting of Tuesday, May 28, 2024  Joint City Council / Minnehaha County Commission Meeting of Tuesday, May 28, 2024 COMMUNICATIONS 7. Approval of contracts/agreements over $100K on the memorandum dated May 31, 2024. A motion was made by Council Member Merkouris and seconded by Council Member Soehl to approve Sub-Item 5, Parks/Recreation: Offer to Purchase Commercial Real Estate and Asset Agreement, 24-0070, Sanford Wellness Center; Sanford Medical Center; $9,000,000. Roll call vote to approve. 7 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Barranco; 1 No: Thomason. Motion Passed. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Vonnie & Neil Larsen to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 5, 2024. APPLICATIONS 9. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 100 East 6th Street, for an event on June 13, 2024. 10. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 504 North Phillips Avenue, for concerts on June 20, 21, 22, 27 28 and 29, 2024. 11. Special One-Day Liquor License for T Slat Inc., to be operated at 5120 South Rolling Green Avenue, for an open house on June 6, 2024. 12. Special One-Day Liquor License for Great Bear Recreation Park Inc., to 5901 East Rice Street, for an event on June 6, 2024. 13. Special One-Day Liquor Licenses for Midwest Capital LLC, to be operated at 301 South Thompson Avenue, for events on June 10 and 15, 2024. 14. Special One-Day Wine License for American Heart Association to be operated at 100 East 6th Street, for an event on June 10, 2024. 15. Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for events on June 12, 2024. 16. Various Retail Malt Beverage renewals for 2024-2025 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit D. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 17. Parcel #88842, for 2020 property taxes in the amount of $2,250.81. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #88842, for 2021 property taxes in the amount of $2,223.88. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #88842, for 2022 property taxes in the amount of $2,163.96. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 20. Parcel #88842, 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). NOTICE OF HEARINGS 21. Set a date of hearing for Tuesday, June 18, 2024. New 2024 Retail Wine License for Queen Nails Spa LLC, 1514 East 69th Street. 22. Set a date of hearing for Tuesday, June 18, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License for Pho Thai, 3801 West 34th Street, Suite 103. 23. Set a date of hearing for Tuesday, June 18, 2024. New 2024 Restaurant On-Sale Liquor License for La Cantina SF LLC, 704 South Highline Place. 24. Set a date of hearing for Tuesday, June 18, 2024. New 2024 Retail Wine License for Stensland Creamery LLC, 3101 West 41st Street, Unit 109. 25. Set a date of hearing for Tuesday, June 18, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License for Perch LLC, 100 South Grange Avenue, with Conditional Use Permit (17981-2023) being approved on May 2, 2023. 26. Set a date of hearing for Tuesday, June 18, 2024. New 2024 Retail Wine License and New 2023-24 Retail Malt Beverage and Renewal of 2024-25 Retail Malt Beverage License for Bibisol LLC, 219 South Phillips Avenue. 27. Set a date of hearing for Tuesday, June 18, 2024. Transfer of 2024 Retail Wine License and 2024 Retail Liquor License from Square on Main LLC, 360 South Main Avenue to Square on Main LLC, 330 South Main Avenue, 340 South Main Avenue, and 360 South Main Avenue. 28. Set a date of hearing for Tuesday, June 18, 2024. Transfer of 2024 Retail Liquor License from Washington Pavilion Management Inc., 301 South Main Avenue, to VFW Serv Men’s Club #628, 1700 West Russell Street, Suite 503. 29. Set a date of hearing for Tuesday, June 18, 2024. Transfer of 2024 Retail Liquor License from Commonwealth Gaming & Holdings, 457 West 69th Street, to Commonwealth Gaming & Holdings, 6010 South Cliff Avenue, Suite 100. 30. Set a date of hearing for Tuesday, June 18, 2024. Transfer of 2023-24 Retail Malt Beverage License, including video lottery placement, from Commonwealth Gaming & Holdings, 319 North West Avenue, to Commonwealth Gaming & Holdings, 457 West 69th Street. 31. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for events on June 19, July 10 and 24, 2024. 32. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Liquor License for True North Sports LLC to be operated on a portion of the parking lot located directly south of the Canaries Baseball Stadium (1111 North West Avenue) for an event on August 17 & 18, 2024. 33. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Malt Beverage Licenses for T Slat Inc., to be operated at 6200 South Cliff for soccer games on June 23 & 28, 2024. 34. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Malt Beverage License for T Slat Inc., to be operated at 2510 South Grange Avenue for the Paint the Ice event on June 29, 2024. 35. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Malt Beverage License for Duchess Investments LLC, to be operated in the parking lot at 3901 West 49th Street, for an event on June 29, 2024. 36. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Liquor and Special One-Day Off-Sale Wine Licenses for Catholic Community Foundation for Eastern South Dakota to be operated at 212 East 11th Street, for a fundraiser on August 3, 2024. 37. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Malt Beverage License for Panacea Brewing Company to be operated at 5910 South Louise Avenue, for a special event on August 24, 2024. 38. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Malt Beverage and Special One-Day Wine Licenses for GBS LLC to be operated at the parking lot at 205 East 6th Street, for 605 Made Market on August 24, 2024. 39. Set a date of hearing for Tuesday, June 18, 2024. Special One-Day Liquor License for Great Bear Recreation Inc., 5901 East Rice Street for a special event on September 7, 2024. REGULAR AGENDA 40. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Barranco to approve the Regular Agenda as amended. A motion was made by Council Member Soehl and seconded by Council Member Cole to amend by moving Item 47 to immediately follow Item 42. Roll call vote to amend. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve the Regular Agenda as amended. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Agenda Item 7, Sub-Item 5, was heard at this time. See item for action taken. UNFINISHED BUSINESS 41. Deferred from the meeting of Tuesday, May 21, 2024; Renewal of 2024-25 Retail Malt Beverage License for Ali’s Sports Bar and Restaurant LLC, 4719 East Arrowhead Parkway. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to approve Item 41. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS The meeting went into recess at 6:37 p.m., due to technical difficulties. The meeting reconvened at 7:10 p.m. 42. 2nd 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 Spellerberg to adopt Ordinance No. 50-24.  Roll call vote to adopt. 5 Yes: Basye, Merkouris, Soehl, Spellerberg, Thomason; 3 No: Cole, Sigette, Barranco. Motion Passed. Item 47 was heard at this time. See item for action taken. 43. 2nd 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 Soehl and seconded by Council Member Barranco to adopt Ordinance No. 51-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 44. 2nd 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 Sigette and seconded by Council Member Basye to adopt Ordinance No. 52-24. Roll call vote to adopt. 7 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Thomason, Barranco; 0 No: (None). Motion Passed. Spellerberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 45. 2nd 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 Cole to adopt Ordinance No. 53-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION TO ASSIST IN FUNDING THE CONSTRUCTION OF THE VETERANS COMMUNITY PROJECT TINY HOME VILLAGE. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, June 18, 2024 for Item 46. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 47. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF SOUTHLOOP 2ND ADDITION (19472-2024). Private Applicant(s): Empire Companies – Brady Hyde A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 58-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 48. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: May 13, 2024. NEW BUSINESS There was none. ITEMS ADDED AFTER AGENDA DEADLINE 49. A RESOLUTION DESIGNATING THE OFFICIAL NEWSPAPER FOR THE CITY OF SIOUX FALLS, SD. A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 59-24. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. GENERAL PUBLIC INPUT  Scott Ehrisman spoke on TIFs, development & project costs, and a previous Councilor not living in the district he represented. ADJOURNMENT A motion was made by Council Member Thomason and seconded by Council Member Soehl to adjourn the meeting at 8:29 p.m. Voice vote to adjourn. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk