City Council Meeting

MINUTES Regular City Council Meeting (Revised 9/30/24) Tuesday, October 1, 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 Curt Soehl, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Council Member David Barranco, Council Member Miranda Basye, Council Member Sarah Cole, Council Member Rich Merkouris, Mayor Paul TenHaken Absent: Council Member Jennifer Sigette 2. INVOCATION  Jerry Fogg, Yankton Sioux Tribe 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  David Bixler Retirement Recognition CONSENT AGENDA 5. 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: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, September 17, 2024  City Council Meeting of Tuesday, September 17, 2024   Informational Meeting of Tuesday, September 24, 2024 COMMUNICATIONS 7. Approval of contracts/agreements over $100K on the memorandum dated September 27, 2024. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Melanie Pierson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on October 19, 2024. APPLICATIONS 9. Special One-Day Liquor License for T Slat Inc., to be operated at Start Up Sioux Falls, 100 East Sixth Street, for an event on October 3, 2024. 10. Special One-Day Liquor License for T Slat Inc., to be operated at 2904 Event Hall, 2904 West Russell Street, for an event on October 3, 2024. 11. Special One-Day Liquor License for T Slat Inc., to be operated at the Augustana Welcome Center, 2100 South Summit Avenue, for an event on October 3, 2024. 12. Special One-Day Liquor License for T Slat Inc., to be operated at Midco Arena, 2510 South Grange Avenue, for class reunion on October 4, 2024. 13. Special One-Day Liquor License for T Slat Inc., to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a wedding on October 5, 2024. 14. Special One-Day Liquor License for T Slat Inc., to be operated at Kirkeby-Over Stadium, 2700 South Lake Avenue, for a football game on October 5, 2024. 15. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, for a volleyball games on October 8, 11 and 12, 2024. 16. Special One-Day Liquor License for T Slat Inc., to be operated at Cherapa II Interconnect space, 345 North Reid Street, for a Municipal League event on October 9, 2024. 17. Special One-Day Malt Beverage License for T Slat Inc., to be operated at Morstad Field, 2700 South Grange Avenue, for a soccer game on October 11, 2024. 18. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Midco Arena, 2510 South Grange Avenue, for hockey games on October 11 and 12, 2024. 19. Special One-Day Liquor License for T Slat Inc., to be operated at Museum of Visual Materials, 500 North Main Avenue, for an event on October 12, 2024. 20. Special One-Day Liquor License for Great Bear Recreation Park Inc., 5901 East Rice Street, for a wedding on October 12, 2024. 21. Special One-Day Malt Beverage and Special One-Day Wine License for East Dakota Natural Food Co-op, to be operated at Start Up Sioux Falls, 100 East Sixth Street, for a meeting on October 24, 2024. 22. Special One-Day Malt Beverage License for Panacea Brewing Company LLC, to be operated at 401 East 8th Street south lot, for the Zombie Walk on October 26, 2024. 23. Special One-Day Wine License and Special One-Day Off-Sale Wine License for GBS LLC, to be operated at the Underground Event Space, 431 North Phillips Avenue, Suite 000, for a wine tasting on December 7, 2024. NOTICE OF HEARINGS 24. Set a date of hearing for Wednesday, October 16, 2024. New 2024-25 Retail Malt Beverage License and New 2024 Retail Wine License for Swamp Daddy’s Cajun Kitchen, 421 North Phillips Avenue, Suite 115. 25. Set a date of hearing for Wednesday, October 16, 2024. Transfer of 2024 Retail Liquor License from House of Kings Inc., 901 West Russell Street, to Casa Del Rey Inc., 901 West Russell Street. 26. Set a date of hearing for Wednesday, October 16, 2024. Transfer of 2024 Package Liquor License from Taylor Oil Company, 3300 South Minnesota Avenue, to Highball LLC, Highball Bar, 440 East Eighth Street, Suite 101. 27. Set a date of hearing for Wednesday, October 16, 2024. Special One-Day Wine License for Augustana University, 2121 South Summit Avenue, for a Paint & Sip Event on December 7, 2024. REGULAR AGENDA 28. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 29. 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. A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to approve Items 29 and 30.  Roll call vote to approve. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 30. 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 31. 2nd Reading: Deferred from the Meeting of Tuesday, September 3, 2024; AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5100 E. 26TH ST. FROM THE O OFFICE AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 19906-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Lloyd Construction Company – Luke Jessen A motion was made by Council Member Thomason and seconded by Council Member Basye to adopt Ordinance No. 90-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 32. 2nd 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 Spellerberg to adopt Ordinance No. 87-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 33. 2nd 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 Cole and seconded by Council Member Spellerberg to adopt Ordinance No. 88-24.  Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 34. 2nd 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 Barranco to adopt Ordinance No. 89-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96: STREETS AND SIDEWALKS, SUBCHAPTER: PERMIT FEES. Sponsors: Council Members Spellerberg and Barranco A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, October 8, 2024 for Item 35. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING, SUBCHAPTER: FENCES. The Planning Commission recommends approval (5-0). Sponsors: Council Members Basye and Spellerberg A motion was made by Council Member Basye and seconded by Council Member Spellerberg to set a date of 2nd Reading for Wednesday, October 16, 2024 for Item 36. Roll call vote to set a date of 2nd Reading. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 37. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Resolution No. 107-24.  Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 107-24 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2025. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 10/01/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 38. A RESOLUTION OF SUPPORT FOR THE DAKOTA MAINSTEM REGIONAL WATER SYSTEM. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Barranco to adopt Resolution No. 106-24. Roll call vote to adopt. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. RESOLUTION NO. 106-24 A RESOLUTION OF SUPPORT FOR THE DAKOTA MAINSTEM REGIONAL WATER SYSTEM.  WHEREAS, access to reliable and safe water supply is essential for the health, economic stability, and overall well-being of communities within our region; and WHEREAS, the Dakota Mainstem Regional Water System (“DMRWS”) is a proposed initiative aimed at ensuring a sustainable and high-quality water supply for residential, agricultural, commercial, and industrial needs across the region; and WHEREAS, the DMRWS will enhance water infrastructure, improve water delivery efficiency, and provide a long-term solution to water scarcity and quality challenges faced by our communities; and WHEREAS, the implementation of the DMRWS will support economic development, attract new businesses, and provide opportunities for growth and prosperity within our region; and WHEREAS, the DMRWS aligns with federal, state, and local goals for environmental stewardship, public health, and infrastructure resilience; and WHEREAS, collaboration between local governments, tribal nations, and other stakeholders is crucial for the successful planning, funding, and implementation of the DMRWS; and WHEREAS, the support and active participation of our city will significantly contribute to the advancement of this vital project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City of Sioux Falls hereby expresses its full support for the DMRWS and recognizes its importance for the future of our region. Section 2. That the City of Sioux Falls commits to working collaboratively with other local governments, tribal nations, state and federal agencies, and stakeholders to advocate for the necessary funding, resources, and policies to advance the DMRWS. Section 3. That the City of Sioux Falls encourages all relevant parties to prioritize the DMRWS in legislative and budgetary decisions, recognizing the critical role it plays in ensuring a sustainable water future for our communities. Section 4. That the City of Sioux Falls will support and/or engage in efforts to raise public awareness about the benefits and significance of the DMRWS, fostering community support and understanding. Date adopted: 10/01/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 39. A MOTION TO APPOINT JODY MOSS AS BUDGET ANALYST. Sponsors: Council Members Soehl and Merkouris  A motion was made by Council Member Merkouris and seconded by Council Member Soehl to approve Item 39. Roll call vote to approve. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 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) 40. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: August 31, 2024. NEW BUSINESS GENERAL PUBLIC INPUT Zachariah Rogers (sp?) spoke on violent crime in the city and prevention. Chester Deyoung spoke about the Public Works Department not following city rules, regulations, and design standards. David Zokaites spoke about carpenter pencils. Tim Stanga spoke on member selection for the Riverline District Committee. Sierra Broussard spoke on challenging Executive Orders in the future, having open dialogue with police officers, and cleaning up the Whittier Neighborhood. James Johnson spoke about rising crime and homelessness. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Basye to adjourn the meeting at 7:05 p.m. Voice vote to adjourn. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk