City Council Meeting

MINUTES Regular City Council Meeting Tuesday, July 2, 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 Jennifer Sigette, Council Member Curt Soehl, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Council Member David Barranco, Council Member Sarah Cole, Council Member Miranda Basye, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: None 2. INVOCATION  Allan Saugstad, M. Div., Minister, All Souls Unitarian Universalist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Basye to place Consent Agenda Item 6, Sub- Item 1, Parks & Recreation: Community/Regional Park Improvements: Arrowhead House Renovations; 24-1057; Hegg Construction, LLC; $728,449.90 to the Regular Agenda for discussion. A motion was made by Council Member Basye and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, June 18, 2024  City Council Meeting of Tuesday, June 18, 2024   Joint City Council / Minnehaha County Commission Meeting of Tuesday, June 25, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated June 28, 2024. A motion was made by Council Member Basye and seconded by Council Member Cole to approve Sub-Item 1, Parks & Recreation: Community/Regional Park Improvements: Arrowhead House Renovations, 24-1057, Hegg Construction, LLC; $728,449.90. Roll call vote to approve. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Andrew Helland and Rebekah Tuchscherer to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on August 3, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Siouxland Heritage Museums to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August 8, 2024. APPLICATIONS 9. Renewal of 2024-25 Retail Malt Beverage License for Sheger Addis, 324 South Minnesota Avenue. 10. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 504 North Phillips Avenue for concerts on July 11, 12, 13, 18, 19, and 20, 2024. 11. Special One-Day Liquor License for T Slat Inc., to be operated at 345 North Reid Place (rooftop patio) for a mixer on July 18, 2024. 12. Special One-Day Malt Beverage Licenses for T Slat Inc., to be operated at 6200 South Cliff Avenue for soccer games on July 13 and 14, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #69145, for 2019 property taxes in the amount of $172.18. 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. 14. Parcel #69145, for 2020 property taxes in the amount of $168.21. 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. 15. Parcel #69145, for 2021 property taxes in the amount of $165.74. 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. 16. Parcel #69145, for 2022 property taxes in the amount of $229.70. 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. 17. Parcel #69145, for 2023 property taxes in the amount of $216.34. 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. 18. Parcel #93629, for 2023 property taxes in the amount of $382.00. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 19. Set a date of hearing for Tuesday, July 16, 2024. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License, requesting off-sale use only, for Wasson’s Westside LLC, Eastside by Westside, 4721 East 26th Street. 20. Set a date of hearing for Tuesday, July 16, 2024. Special One-Day Wine Licenses for The History Club, 758 South Phillips Avenue, for events on August 7, 28, and 29, 2024. 21. Set a date of hearing for Tuesday, July 16, 2024. Special One Day Liquor License for Downtown Sioux Falls Inc, to be operated at the riverfront from 6th Street to 8th Street, including Raven Industries riverfront amphitheater & parking lot (205 E. 6th St); the pedestrian bridge at Arc of Dreams; River Greenway and Amphitheater, Cherapa Place & Sioux Falls Area Community Foundation parking lot to North Reid Street, North Reid Street at Cherapa Place to 6th Street for the Riverfest on August 17, 2024. Special One Day Liquor License for Downtown Sioux Falls Inc, to be operated at the riverfront from 6th Street to 8th Street, including Raven Industries riverfront amphitheater & parking lot (205 E. 6th St); the pedestrian bridge at Arc of Dreams; River Greenway and Amphitheater, Cherapa Place & Sioux Falls Area Community Foundation parking lot to North Reid Street, North Reid Street at Cherapa Place to 6th Street for the Riverfest on August 17, 2024. REGULAR AGENDA 22. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Soehl to approve the Regular Agenda.  A motion was made by Council Member Soehl and seconded by Council Member Cole to defer to the City Council Meeting on Tuesday, July 16, 2024, Items: 30, 31, 32, 33, 34, and 37. Roll call vote to defer. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. Roll call vote to approve. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. Agenda Item 6, Sub-Item 1, was heard at this time. See item for action taken. UNFINISHED BUSINESS 23. New 2024 Restaurant On-sale Liquor License for Inca Mexican Restaurant, 3312 South Holly Avenue. 24. New 2024-25 Retail Malt Beverage License for Tienda Manna, 1038 North Minnesota Avenue. 25. New 2024 Retail Wine License for Alcove, 151 East 4th Place, Suite 180. 26. New 2024-25 Retail Malt Beverage License and New 2024 Retail Wine License for Second Session LLC, 323 South Whitewood Circle. 27. New 2024-25 Retail Malt Beverage License and New 2024 Retail Wine License for Kwik Star #1724, 7703 South Bergamot Avenue. 28. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from Maple Tree Inc, 4110 West Maple Street, Suite 104, to Pfive Investments LLC, 5017 North Annika Avenue. 29. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated at 1200 North Western Avenue, for a marathon on August 25, 2024. A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to approve Items 23 through 29. Roll call vote to approve. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 85TH ST. AND EAST OF S. MINNESOTA AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 19504-2024,  AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Van Buskirk Companies – Steve Van Buskirk 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 600 W. 10TH ST. FROM THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO. 019577-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): John Craig Cornett 32. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MEMORY LN. AND EAST OF N. MARION RD. FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL AND CN CONSERVATION DISTRICTS, NO. 19669-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Sioux Falls Development Foundation – Bob Mundt 33. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 69TH ST. AND WEST OF S. SYCAMORE AVE. FROM THE LW LIVE-WORK DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 19671-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Empire Companies – Brady Hyde 34. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. FOXDALE ST. AND EAST OF N. VALLEY VIEW RD. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE REC RECREATION DISTRICT, NO. 19684-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Sponsor: Mayor 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING THE DEFINITION OF EDIBLE CANNABIS PRODUCTS IN CHAPTER 121: MEDICAL CANNABIS REGULATIONS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Sigette to adopt Ordinance No. 56-24. Roll call vote to adopt. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING AN ACCESS AGREEMENT AND EASEMENT. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Barranco to defer to the Tuesday, July 16, 2024 City Council Meeting. Roll call vote to defer. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 37. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF FOUNDATION PARK NORTH ADDITION EXPANSION (19668-2024). The Planning Commission recommends approval (4-0). Private Applicant(s): Sayre Associates – Paul Korn 38. A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE SOUTH DAKOTA OFFICE OF ATTORNEY GENERAL AND THE SIOUX FALLS POLICE DEPARTMENT. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to adopt Resolution No. 68-24. Roll call vote to adopt. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 68-24 A RESOLUTION APPROVING A JOINT POWERS AGREEMENT BETWEEN THE SOUTH DAKOTA OFFICE OF ATTORNEY GENERAL AND THE SIOUX FALLS POLICE DEPARTMENT. WHEREAS, it appears appropriate that the South Dakota Office of Attorney General and the Sioux Falls Police Department enter into a joint powers agreement setting forth the responsibilities of each agency as they relate to the enforcement of drug laws of the state of South Dakota and the United States of America; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Joint Powers Agreement Attorney General’s Office and Sioux Falls Police Department Joint Drug Enforcement” is hereby approved. That the Mayor of Sioux Falls is authorized to execute the joint powers agreement described above, a copy of which is attached hereto and incorporated herein by this reference. Date adopted: 07/02/24 .  Paul TenHaken, Mayor ATTEST Jermery J. Washington, City Clerk 39. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, AND URBANIZED DEVELOPMENT COMMISSION (UDC). Sponsors: Council Members Soehl and Merkouris A motion was made by Council Member Soehl and seconded by Council Member Merkouris to adopt Resolution No. 69-24. Roll call vote to adopt. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 69-24 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO THE SOUTH EASTERN COUNCIL OF GOVERNMENTS (SECOG) BOARD OF DIRECTORS, AND URBANIZED DEVELOPMENT COMMISSION (UDC). BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following City Council appointments: Name Board Term Miranda Basye SECOG Appointed for a term to expire June 30, 2025. Jennifer Sigette SECOG Appointed for a term to expire June 30, 2025. Jim David and SECOG Appointed for a term to expire June 30, 2025, Thea Rave as an alternate. David Barranco UDC Appointed for a term to expire June 30, 2025. Miranda Basye UDC Appointed for a term to expire June 30, 2025. Sarah Cole UDC Appointed for a term to expire June 30, 2025. Richard UDC Appointed for a term to expire June 30, 2025. Thomason Jim David and UDC Appointed for a term to expire June 30, 2025, Thea Rave as an alternate. Section 1. The appointed persons may continue to serve after the expiration of his/her term until a replacement is approved by the City Council.  Date adopted: 07/02/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT James Joseph Jeffcoat Sr. spoke about the environmental impact of dogs, his neighbor's backyard, and how Western Avenue has become a raceway. Sierra Broussard spoke about visiting with Mr. Jeffcoat tomorrow about his neighbor's dogs and backyard, the zoo and Denny Sanford, and running for City Council in 2026. John Cunningham spoke about the sales tax on food and a State income tax. Tim Stanga spoke about police ride alongs and finding issues, in the neighboorhood, that need to be repaired; cars racing though the neighborhoods; trimmed trees that are still in the neighborhood because the branch drop off was closed; bus service; and problems on the East side. David Zokaites spoke about being Fit to Serve. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Barranco to adjourn at 6:38 p.m. Voice vote to adjourn. 8 Yes: Sigette, Soehl, Spellerberg, Thomason, Barranco, Cole, Basye, Merkouris; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk