City Council Meeting

MINUTES City Council Meeting Tuesday, September 17, 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 Richard L. Thomason, Council Member David Barranco, Council Member Sarah Cole, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: Council Member Ryan Spellerberg, Council Member Miranda Basye 2. INVOCATION  Pastor Phill Tague, The Ransom 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 Merkouris to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 10, 2024  City Council Meeting of Tuesday, September 10, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated September 13, 2024. 7. Approval of surplus property disposition on the memorandum dated September 6, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Mary Jo Wagner Arboretum to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on September 19, 2024 and October 21, 2024. 9. 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 November 14, 2024. APPLICATIONS 10. Special One-Day Liquor License for TSlat Inc., to be operated at 2510 East 54th Street North, for a wedding on September 21, 2024. 11. Special One-Day Liquor License for TSlat Inc., to be operated at 2700 South Lake Avenue, for a football game on September 21, 2024. 12. Special One-Day Liquor License for TSlat Inc., to be operated at 2510 South Grange Avenue, for an event on September 28, 2024. 13. Special One-Day Liquor Licenses for TSlat Inc., to be operated at 2505 South Grange Avenue, for volleyball games on September 27 and 28, 2024. 14. Special One-Day Malt Beverage and Special One-Day Wine Licenses for MR2T LLC, to be operated at 324 East 8th Street, for an event on October 5, 2024. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 15. Parcel #29216, for 2023 property taxes in the amount of $2,040.16. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #29216, for 2022 property taxes in the amount of $650.01. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #51013, for 2021 property taxes in the amount of $2,474.72. Reason: The property is exempt from the tax. 18. Parcel #51013, for 2020 property taxes in the amount of $195.22. Reason: The property is exempt from the tax. 19. Parcel #57480, for 2023 property taxes in the amount of $666.04. Reason: The property is exempt from the tax. 20. Parcel #53559, for 2023 property taxes in the amount of $48.93. Reason: The property is exempt from the tax. 21. Parcel #53557, for 2023 property taxes in the amount of $183.40. Reason: The property is exempt from the tax. 22. Parcel #46123, for 2023 property taxes in the amount of $63.63. Reason: The property is exempt from the tax. 23. Parcel #46122, for 2023 property taxes in the amount of $83.14. Reason: The property is exempt from the tax. 24. Parcel #46121, for 2023 property taxes in the amount of $179.19. Reason: The property is exempt from the tax. 25. Parcel #96658, for 2023 property taxes in the amount of $26,491.18. Reason: The property is exempt from the tax. 26. Parcel #86931, 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). NOTICE OF HEARINGS 27. Set a date of hearing for Tuesday, October 1, 2024. Transfer of 2024-25 Retail Malt Beverage License from Flying Santos Taco Bar, 421 North Phillips Avenue, Suite 119, to Dakota Craft Links, 421 North Phillips Avenue, Suite 119. 28. Set a date of hearing for Tuesday, October 1, 2024. Special One-day Liquor License for Curious Music Collective to be operated at 431 North Phillips Avenue lower level, for a fundraiser on October 29, 2024. REGULAR AGENDA 29. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Thomason to approve the Regular Agenda. A motion was made by Council Member Merkouris and seconded by Council Member Cole to amend by moving Item 43 immediately after Item 39. Roll call vote to amend. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 30. Deferred from the meeting of August 7, 2024; Consideration of Agreement 24-4207; Parks and Recreation; Consultant agreement for the valuation and marketing of parks, aquatics, and recreation assets for sponsorship and naming opportunities; Maximizing Excellence, LLC; $160,000.  A motion was made by Council Member Soehl and seconded by Council Member Barranco to withdraw Item 30. Roll call vote to withdraw. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. 31. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License, requesting off-sale use only, for Circle K, 8501 West 32nd Street. 32. New 2024 Retail Wine License and New 2024-25 Retail Malt Beverage License, requesting off-sale use only, for Circle K, 5400 North Cliff Avenue. 33. New 2024 Retail Liquor License for Second Session LLC, 323 South Whitewood Circle. 34. New 2024 Restaurant On-Sale Liquor License for Tavern Grill, 4801 South Louise Avenue. 35. Transfer of 2024 Retail Liquor License from VFH Serv Men’s Club #628, 1700 West Russell Street, Suite 503, to Chancy Two LLC, 202 South Phillips Avenue. 36. Transfer of 2024-25 Retail Malt Beverage, including video lottery placement, from Falls Landing, 200 East 8th Street, to Crown Casino Sycamore III, 1914 South Sycamore Avenue, Suite 108A. 37. New 2024-25 Retail Malt Beverage License for Falls Landing, 200 East 8th Street. 38. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at MK Threads, 222 South Phillips Avenue; Friends of SDPB, 300 North Dakota Avenue, Suite 104; 1st Gen, 421 North Phillips Avenue, Suite 123; JH & Sons, 216 South Phillips Avenue; Studio 20/20, 311 South Phillips Avenue, Suite 100; Heritage Boutique, 220 South Phillips Avenue; Mint + Basil, 207 South Phillips Avenue; Premier Playhouse, 315 North Phillips Avenue; Great Outdoor Store, 201 East 10th Street; Home Porch Gifts, 217 South Phillips Avenue; Serendipity Studio, 230 South Phillips Avenue, Suite 204; Spice & Tea Exchange, 328 South Phillips Avenue; Lauriebelles, 206 South Phillips Avenue; Bechtold Jewelry, 325 South Phillips Avenue; Flynn Wright, 223 South Phillips Avenue; Rehfeld’s Art & Framing, 431 North Phillips Avenue; Say Anything Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite 108; JLG Architects, 232 South Main Avenue; Sticks & Steel, 401 East 8th Street, Suite 118; Veza, 330 South Phillips Avenue; Matchbox Candle Company, 124 South Phillips Avenue; 8th & Railroad Center, 401 East 8th Street, Suite 200A; Hotel on Phillips, 100 North Phillips Avenue; Vital Flow Infusions, 119 South Main Avenue; Rose & Eugene Presents, 701 North Phillips Avenue, #135; Minnehaha #5, 520 South First Avenue; Start Up Sioux Falls, 100 East 6th Street; The Tail that Got Away, 421 North Phillips Avenue #128; Terra Shepherd Boutique, 218 South Phillips Avenue; and Cookie Jar Eatery, 101 South Reid Street#100, for an Art & Wine Walk on October 4, 2024. A motion was made by Council Member Sigette and seconded by Council Member Barranco to approve Items 31 through Item 38.  Roll call vote to approve. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION FOR THE PURCHASE OF THE RIVERLINE DISTRICT PROPERTY. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adopt Ordinance No. 86-24. Roll call vote to adopt. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. Item 43 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 41ST ST. AND EAST OF S. RONSIEK AVE. REZONING FROM RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION AND RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICTS NO. 020031-2024 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Empire Companies – Jesse Morris A motion was made by Council Member Cole and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, October 1, 2024 for Item 40. Roll call vote to set a date of 2nd Reading. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 131: "OFFENSES AGAINST PUBLIC PEACE," SECTION 131.001: "DISORDERLY CONDUCT. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, October 1, 2024 for Item 41. Roll call vote to set a date of 2nd Reading. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. 42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING TITLE XI: BUSINESS REGULATIONS AND CHAPTER 111: ALCOHOLIC BEVERAGES. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, October 1, 2024 for Item 42. Roll call vote to set a date of 2nd Reading. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 43. A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM BY ADDING A PROJECT, LAND ACQUISITION, IN 2024. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adopt Resolution No. 104-24. Roll call vote to adopt. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 104-24 A RESOLUTION AMENDING THE 2024–2028 CAPITAL PROGRAM BY ADDING A PROJECT, LAND ACQUISITION, IN 2024. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2024–2028 Capital Program shall be amended as follows: Entertainment Venues Amend the Capital Improvements Program by adding a project, Land Acquisition, in 2024. The estimated cost for land is $8,100,000 and will require an increase in appropriations that will be funded from the Entertainment Tax Fund available fund balance. Date adopted: 09/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 44. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 105-24.  Roll call vote to adopt. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 105-24 A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Cody Breck Experience Sioux Falls Appointed for a term from Business (BID) Board September 2024 to September 2027. Matt Brunick Experience Sioux Falls Reappointed to a term from Business (BID) Board September 2024 to September 2027. Jan Grunewaldt Experience Sioux Falls Reappointed to a term from Business (BID) Board September 2024 to September 2027. Paul Hegg Experience Sioux Falls Reappointed to a term from Business (BID) Board September 2024 to September 2027 Greg Jamison Experience Sioux Falls Appointed for a term from Business (BID) Board September 2024 to September 2027. Tracey Stoneall Experience Sioux Falls Appointed for a term from Business (BID) Board September 2024 to September 2027. Sara Zura Experience Sioux Falls Appointed for a term from Business (BID) Board September 2024 to September 2027. Justine Murtha Library Board of Trustees Reappointed for a term from October 2024 to October 2027. Date adopted: 09/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS  There was none. GENERAL PUBLIC INPUT Robert Kolbe spoke about knowing your history, urban renewal destruction, and animal collections being an asset. Dennis Haugen complimented the City's roads and the City. Tim Stanga spoke about property taxes. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Sigette to adjourn at 6:44 p.m. Voice vote to adjourn. 6 Yes: Sigette, Soehl, Thomason, Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk