City Council Meeting

MINUTES City Council Meeting Wednesday, October 16, 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 Richard L. Thomason, Council Member David Barranco, Council Member Miranda Basye, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Jennifer Sigette, Council Member Curt Soehl, Council Member Ryan Spellerberg Absent: Mayor Paul TenHaken 2. INVOCATION  Pastor Charlie Moore, Sunnycrest United Methodist Church 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 Cole to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, October 8, 2024  City Council Meeting of Tuesday, October 8, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated October 11, 2024. APPLICATIONS 7. 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 18, 2024. 8. Special One-Day Malt Beverage Licenses for T Slat Inc., to be operated at Midco Arena, 2510 South Grange Avenue, for hockey games on October 18, 19, November 1 and 2, 2024. 9. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Elmen Center, 2505 South Grange Avenue, for volleyball games on October 19, 24 & 29, 2024. 10. 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 19, 2024. 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc., to be operated at Startup Sioux Falls, 100 East 6th Street, for a mixer on October 22, 2024. 12. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC, to be operated at the Coliseum, 515 North Main Avenue, for a boxing event on October 19, 2024. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Interstate House of Pancakes Inc., to be operated at Underground by Rehfeld’s, 431 North Phillips Avenue, Suite 000, for a fundraiser on November 14, 2024. 14. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC, to be operated at the Coliseum, 515 North Main Avenue, for comedy show on November 2, 2024. NOTICE OF HEARINGS 15. Set a date of hearing for Wednesday, November 6, 2024. Transfer of 2024 Package Liquor License from Cubby’s Inc., 3420 North Cliff Avenue, to OneStop North Cliff LLC, 3420 North Cliff Avenue. 16. Set a date of hearing for Wednesday, November 6, 2024. Transfer of 2024 Package Liquor License from Vikash Patel, 4105 West 57th Street, to Maple Inc., Get-N-Lit, 4109 West 57th Street. 17. Set a date of hearing for Wednesday, November 6, 2024. Special One-Day Wine License for Sioux Falls Lutheran Booster Club to be operated at Sioux Falls Lutheran School, 6715 South Boe Lane, for a fundraiser on November 9, 2024. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Barranco to approve the Regular Agenda.  Roll call vote to approve. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 19. 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. 20. Transfer of 2024 Retail Liquor License from House of Kings Inc., 901 West Russell Street, to Casa Del Rey Inc., 901 West Russell Street. 21. 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. 22. Special One-Day Wine License for Augustana University, 2121 South Summit Avenue, for a Paint & Sip Event on December 7, 2024. A motion was made by Council Member Thomason and seconded by Council Member Basye to approve Items 19 through 22. Roll call vote to approve. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 23. 2nd 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 adopt Ordinance No. 92-24. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 24. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 209 E. 34TH ST. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT, NO.020156-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Andrew Venrick  A motion was made by Council Member Barranco and seconded by Council Member Merkouris to set a date of 2nd Reading for Wednesday, November 6, 2024 for Item 24. Roll call vote to set a date of 2nd Reading. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 25. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Resolution No. 110-24. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 110-24 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 Ivy Oland Dandar Arts Commission Appointed for a term from October 2024 to October 2027. Jim Speirs Arts Commission Appointed for a term from October 2024 to October 2027. Mike Hart Arts Commission Appointed for a term from October 2024 to October 2027. Vaney Hariri Arts Commission Appointed for a term from October 2024 to October 2027. Lisa Conlin Arts Commission Appointed for a term from October 2024 to October 2027. Em Nguyen Arts Commission Appointed for a term from October 2024 to October 2027.  Jennifer Smith Arts Commission Appointed for a term from Hoesing October 2024 to October 2027. Tyson Schultz Visual Arts Appointed for a term from Committee October 2024 to October 2027. Kathy Dang Visual Arts Appointed for a term from Committee October 2024 to October 2027. Scott Parsons Visual Arts Appointed for a term from Committee October 2024 to October 2027. Alix Andal Visual Arts Appointed for a term from Committee October 2024 to October 2027. Date adopted: 10/16/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 26. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY OF SIOUX FALLS SURPLUS AND AUTHORIZING THE GIFTING TO SOUTH DAKOTA URBAN INDIAN HEALTH, INC. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Spellerberg to adopt Resolution No. 111-24. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 111-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY OF SIOUX FALLS SURPLUS AND AUTHORIZING THE GIFTING TO SOUTH DAKOTA URBAN INDIAN HEALTH, INC. WHEREAS, the City owns a 2016 Chevrolet Traverse vehicle identified with asset no. 4001655 and VIN no. 1GNKVFED1GJ248570; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and  WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the above-described personal property is no longer necessary, useful, or suitable for the purpose for which it was acquired by the City and has been declared as surplus; and WHEREAS, South Dakota Urban Indian Health, Inc. finds it desirable to acquire said property; and WHEREAS, South Dakota Urban Indian Health, Inc. is a South Dakota domestic nonprofit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That, pursuant to SDCL Chapter 6-13, the 2016 Chevrolet Traverse vehicle identified above is surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 3. That the gifting for a public purpose by the City of Sioux Falls of the 2016 Chevrolet Traverse vehicle to South Dakota Urban Indian Health, Inc. is hereby approved. Date adopted: 10/16/24 . Paul TenHaken, Mayor ATTEST: Jermery Washington, City Clerk 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) 27. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: September 30, 2024. NEW BUSINESS GENERAL PUBLIC INPUT David Zokaites spoke about abortion. James Johnson spoke on low voter participation in elections, and elected official accountability and transparency.  Sierra Broussard spoke about right-wing activists, crime, and cooperation and finding solutions moving forward. Riggin Scheer spoke about the historical practice of towns tarring and feathering elected officials. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Basye to adjourn the meeting at 6:32 p.m.. Voice vote to adjourn. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk