City Council Meeting

MINUTES Regular City Council Meeting Wednesday, November 6, 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 David Barranco, Council Member Miranda Basye, Council Member Rich Merkouris, Council Member Jennifer Sigette, Council Member Curt Soehl, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Mayor Paul TenHaken Absent: Council Member Sarah Cole 2. INVOCATION  Elizabeth Entalls, Direct Line Partner 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 Sigette to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Wednesday, October 16, 2024  City Council Meeting of Wednesday, October 16, 2024  Informational Meeting of Tuesday, October 22, 2024  Joint City Council / Lincoln County Commission Meeting of Tuesday, October 22, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated November 1, 2024. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Sarah Naoom to consume, but not sell, alcoholic beverages at St. Michael Parish, 1600 S. Marion Road, on November 16, 2024. 8. NOTICE OF MECHANIC’S LIEN STATEMENT ON PUBLIC IMPROVEMENT: On October 16, 2024, the City of Sioux Falls received a LIEN STATEMENT ON PUBLIC IMPROVEMENT from Northwest Corp., subcontractor of AT Abatement Services, Inc., subcontractor to McCarthy Building Companies, Inc. The Northwest Corp. LIEN STATEMENT ON PUBLIC IMPROVEMENT relates to contract proceeds for work and materials furnished by Northwest Corp. to AT Abatement Services, Inc., needed to complete construction on the Wastewater Expansion Project (Public Improvement Project 20-3221, CIP # 23043), located at 4500 N. Sycamore Ave, Sioux Falls, SD 57104. The Northwest Corp. claim is in the amount of $ 80,473.32, plus interest thereon as provided by law. The Northwest Corp. lien is being reported to the City Council pursuant to the requirements of SDCL 5-22-3. The Northwest Corp. LIEN STATEMENT ON PUBLIC IMPROVEMENT for the Wastewater Expansion project is attached as Exhibit A. APPLICATIONS 9. Special One-Day Liquor License for T Slat Inc., to be operated at Morstad Field, 2700 South Grange Avenue, for a soccer game on November 7, 2024. 10. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Midco Arena, 2510 South Grange Avenue, for hockey games on November 8 and 9, 2024. 11. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Elmen Center, 2505 South Grange Avenue, games on November 8, 9 and 14, 2024. 12. Special One-Day Liquor License for T Slat Inc., to be operated at the Froiland Science Complex, 2407 South Summit Avenue, for a parent event on November 9, 2024. 13. 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 November 9, 2024. 14. Special One-Day Liquor License for T Slat Inc., to be operated at Cherapa II Interconnect, 345 North Reid Street, 3rd Floor, for an event on November 14, 2024. 15. Special One-Day Liquor Licenses for Midwest Capital LLC, to be operated at The Social, 301 South Thompson Avenue, for weddings on November 15 and 27, 2024. 16. Special One-Day Liquor License for BH B. A. R. LLC to be operated at 3901 East Producer Lane, for a retirement party on December 7, 2024. 17. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License renewals for 2025 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit A. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 18. Parcel #43933, for 2023 property taxes in the amount of $939.64. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 19. Set a date of hearing for Tuesday, November 19, 2024. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Antigua Taco House LLC, 702 East 8th Street. 20. Set a date of hearing for Tuesday, November 19, 2024. New 2024 Retail Liquor License for Magic Number LLC, 921 East 8th Street, with Conditional Use Permit (CU- 020077-2024) being approved on October 2, 2024. 21. Set a date of hearing for Tuesday, November 19, 2024. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13, 6010 South Cliff Avenue, Suite 101. 22. Set a date of hearing for Tuesday, November 19, 2024. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102. 23. Set a date of hearing for Tuesday, November 19, 2024. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103. 24. Set a date of hearing for Tuesday, November 19, 2024. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Indian Oven, 431 West 85th Street. 25. Set a date of hearing for Tuesday, November 19, 2024. Transfer of 2024-25 Retail Malt Beverage License from Dragon Asian Market LLC, 2300 East 10th Street, Suite 101, to Nepali Asian Market LLC, 2300 East 10th Street, Suite 101. 26. Set a date of hearing for Tuesday, November 19, 2024. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from Panacea Brewing Company LLC, 611 North West Avenue, to MG Oil Company, 4523 East 26th Street. 27. Set a date of hearing for Tuesday, November 19, 2024. Transfer of 2024 Convention Center Liquor License from JDHQ Hotels LLC, 1211 North West Avenue, to Sioux Falls Convention Center Hotel LLC, 1211 North West Avenue. 28. Set a date of hearing for Tuesday, November 19, 2024. Renewal of 2025 Convention Center Liquor License for Sioux Falls Convention Center Hotel LLC, 1211 North West Avenue. 29. Set a date of hearing for Tuesday, November 19, 2024. Transfer of 2024 Retail Liquor License from Quan Holdings LLC2, 2417 East 10th Street, Suite B, to Quan Holdings Inc., 2417 East 10th Street, Suite B. 30. Set a date of hearing for Tuesday, November 19, 2024. Renewal of 2025 Retail Liquor License for Quan Holdings Inc., 2417 East 10th Street, Suite B. 31. Set a date of hearing for Tuesday, November 19, 2024. Transfer of 2024 Retail Liquor License from Jobu Hospitality, 1301 West Russell Street, to Platinum Dining LLC, 1301 West Russell Street. 32. Set a date of hearing for Tuesday, November 19, 2024. Renewal of 2025 Retail Liquor License for Platinum Dining LLC, 1301 West Russell Street. REGULAR AGENDA 33. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Basye to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 34. Transfer of 2024 Package Liquor License from Cubby’s Inc., 3420 North Cliff Avenue, to OneStop North Cliff LLC, 3420 North Cliff Avenue. 35. Transfer of 2024 Package Liquor License from Vikash Patel, 4105 West 57th Street, to Maple Inc., Get-N-Lit, 4109 West 57th Street. 36. 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. A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to approve Items 34 through 36. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 37. 2nd 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 Soehl and seconded by Council Member Sigette to adopt Ordinance No. 93-24. Roll call vote to adopt. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING ELECTRIC FACILITIES EASEMENTS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, November 12, 2024 for Item 38. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 95: PARKS AND RECREATION, SUBSECTION (b) OF SECTION 95.029: ALCOHOLIC BEVERAGES. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, November 19, 2024 for Item 39. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 95: PARKS AND RECREATION SUBCHAPTER FEES. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, November 19, 2024 for Item 40. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 41. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO BEADLE COUNTY, SOUTH DAKOTA EMERGENCY MANAGMENT. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Basye to adopt Resolution No. 112-24. Roll call vote to adopt. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 112-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO BEADLE COUNTY, SOUTH DAKOTA EMERGENCY MANAGMENT. WHEREAS, the City owns five Rae model QRAE III 4 gas air monitors identified with serial numbers: M02A050818, M02AA02951, M02A050837, M02A050815, and M02A050817; 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, Beadle County, South Dakota Emergency Management finds it desirable to acquire said property; and WHEREAS, Beadle County is a political subdivision of the State of South Dakota; 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 five Rae model QRAE III 4 gas air monitors identified above are 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 five Rae model QRAE III 4 gas air monitors to Beadle County, South Dakota Emergency Management is hereby approved. Date adopted: 11/06/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 42. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to adopt Resolution No. 113-24. Roll call vote to adopt. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 113-24 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2, if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the City of Sioux Falls once at least ten (10) days prior to hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease a portion of municipally owned real property described as follows: Lot 2A in Block 1 of Westwood Valley Addition to the City of Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof, together with the benefits and subject to the burdens of a driveway easement as disclosed by Book 247 of Miscellaneous on page 674  for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value. Date adopted: 11/06/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 43. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 114-24. Roll call vote to adopt. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 114-24 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 Gregg Gohl Accessible Housing Advisory Appointed for a term Board from December 2024 to December 2027. Michele Snyders Disability Awareness and Appointed for a term Accessibility Review Board from December 2024 to (DAARB) December 2026 (to fill the unexpired term of Kristen Barnhardt). Jamie Reindl Disability Awareness and Reappointed for a term Accessibility Review Board from December 2024 to (DAARB) December 2027. Pam Hanneman Parks and Recreation Board Appointed for a term from November 2024 to November 2029. Kelly Cleveringa Public Transit Advisory Board Appointed for a term from January 2025 to January 2028 (replacing Allen Svennes).  Royal Sonsalla Public Transit Advisory Board Appointed for a term from January 2025 to January 2028 (replacing Erik Nelson). Nikki Whiting Public Transit Advisory Board Appointed for a term from November 2024 to January 2027 (replacing Luke Senst). Date adopted: 11/06/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 44. A MOTION TO APPROVE THE CHIEF ADMINISTRATIVE OFFICER JOB DESCRIPTION. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to approve Item 44. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 45. A MOTION TO APPROVE THE CITY CLERK JOB DESCRIPTION. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to approve Item 45. Roll call vote to approve. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 46. A RESOLUTION ADOPTING THE 2024 CITY COUNCIL POLICIES AND PROCEDURES. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to adopt Resolution No. 115-24. Roll call vote to adopt. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 115-24 A RESOLUTION ADOPTING THE 2024 CITY COUNCIL POLICIES AND PROCEDURES.  BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “2024 City Council Policies and Procedures” is hereby adopted. Date adopted: 11/06/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 47. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND TOTALING NO MORE THAN $68 MILLION. Sponsors: Council Members Soehl and Basye A motion was made by Council Member Soehl and seconded by Council Member Basye to adopt Item 47. A motion was made by Council Member Soehl and seconded by Council Member Basye to withdraw Item 47. Roll call vote to withdraw. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT John Nordlie spoke about an incident involving gun shots and East Mercatos. Paul Nordlie spoke about changes in the neighborhood due to East Mercatos. Sierra Broussard spoke about East Mercatos. David Zokaites spoke about parking on Phillips Avenue and reducing theft. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Barranco to adjourn at 7:24 p.m. Voice vote to adjourn. 7 Yes: Barranco, Basye, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk