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City Council Meeting

Regular Meeting

Sioux Falls, SD · November 19, 2024

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Minutes

MINUTES City Council Meeting Tuesday, November 19, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER At this time Mayor Paul TenHaken acknowledged the attendance of Boy Scout Troop Pack 10 at the Council Meeting. 1. MEETING ROLL CALL Present: Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Jennifer Sigette, Council Member Curt Soehl, Council Member Ryan Spellerberg, Council Member Richard L. Thomason, Council Member David Barranco, Council Member Miranda Basye, Mayor Paul TenHaken Absent: None 2. INVOCATION • Mayor Paul TenHaken 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 Spellerberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, November 12, 2024 • City Council Meeting of Tuesday, November 12, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated November 15, 2024. 7. Notice of Amended Lien Statement on Public Improvement. On November 12, 2024, the City of Sioux Falls received an Amended Lien Statement on Public Improvement from Northwest Corp., subcontractor of AT Abatement Services, Inc., subcontractor to McCarthy Building Companies, Inc. in the amount of $247,740.02, plus interest thereon as provided by law. The Amended Lien Statement amends the October 16, 2024, Lien Statement on Public Improvement. The Northwest Corp. Amended Lien is being reported to the City Council pursuant to the requirements of SDCL 5-22-3. The Northwest Corp. Amended Lien Statement on Public Improvement for the Wastewater Expansion project is attached as Exhibit A. APPLICATIONS 8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc, to be operated at Rehfeld’s Underground, 431 North Phillips Avenue, Suite 000, for SD Arts Happy Hour on November 20, 2024. 9. Special One-Day Liquor Licenses for T Slat Inc, to be operated at Augustana University, 2001 South Summit Avenue, for games on November 22, 23, 29 and 30, 2024. 10. Special One-Day Wine License for Augustana University to be operated at Wagoner Hall, 2300 South Grange Avenue, for a cooking class on February 13, 2025. 11. 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 B. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, December 3, 2024. New 2024-25 Retail Malt Beverage License for Taqueria Juanita, 923 South Marion Road. 13. Set a date of hearing for Tuesday, December 3, 2024. New 2025 Retail Wine License for CH Patisserie, 309 South Phillips Avenue. 14. Set a date of hearing for Tuesday, December 3, 2024. New 2024-23 Retail Malt Beverage License and New 2025 Retail Wine License for Sudanese Restaurant and Bar, 323 North West Avenue. 15. Set a date of hearing for Tuesday, December 3, 2024. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Big Lost Meadery, 2215 South Lorraine Place. 16. Set a date of hearing for Tuesday, December 3, 2024. Transfer of 2024 Retail Liquor License from Sandbar & Grill, 2310 South Marion Road, to OTB LLC, 2310 South Marion Road. 17. Set a date of hearing for Tuesday, December 3, 2024. Renewal of 2025 Retail Liquor License for OTB LLC, 2310 South Marion Road. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Merkouris to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Cole to amend the Regular Agenda by moving Item 43 after Item 33 and moving Item 47 after Item 44. Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 19. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Antigua Taco House LLC, 702 East 8th Street. 20. 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. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13, 6010 South Cliff Avenue, Suite 101. 22. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102. 23. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103. 24. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Indian Oven, 431 West 85th Street. 25. 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. 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. 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. Renewal of 2025 Convention Center Liquor License for Sioux Falls Convention Center Hotel LLC, 1211 North West Avenue. 29. 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. Renewal of 2025 Retail Liquor License for Quan Holdings Inc., 2417 East 10th Street, Suite B. 31. Transfer of 2024 Retail Liquor License from Jobu Hospitality, 1301 West Russell Street, to Platinum Dining LLC, 1301 West Russell Street. 32. Renewal of 2025 Retail Liquor License for Platinum Dining LLC, 1301 West Russell Street. A motion was made by Council Member Sigette and seconded by Council Member Basye to approve Items 19 through 32. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd 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 Cole and seconded by Council Member Spellerberg to adopt Ordinance No. 95-24. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Item 43 was heard at this time. See item for action taken. 34. 2nd 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 Cole and seconded by Council Member Spellerberg to adopt Ordinance No. 96-24. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Sigette to adopt Ordinance No. 97-24. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 700 N. SYCAMORE AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE O OFFICE DISTRICT, NO. 020336-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Volunteers of America, Dakotas – Mallie Kludt A motion was made by Council Member Basye and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, December 3, 2024 for Item 36. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1301 E. BENNETT ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 020341-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Jerry Vanloh A motion was made by Council Member Basye and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 3, 2024 for Item 37. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, December 3, 2024 for Item 38. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 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 117: PEDDLERS AND VENDORS. 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, December 3, 2024 for Item 39. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 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 AMENDING CHAPTER 77: PARKING REGULATIONS, SUBCHAPTER, GENERAL PROVISIONS. Sponsors: Council Members Sigette and Spellerberg A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, December 3, 2024 for Item 40. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 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 110: LICENSES, SUBCHAPTER: FEE SCHEDULE. Sponsors: Council Members Barranco and Cole A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, December 3, 2024 for Item 41. Roll call vote to set a date of 2nd Reading. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 42. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Basye to adopt Resolution No. 117-24. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 117-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE, INCLUDING THE MABLE AND JUDY JASPER EDUCATIONAL CENTER, THE JASPER FAMILY GARDENS, AND ALL OTHER AMENITIES CONSISTENT WITH THE MASTER PLAN. WHEREAS, the City of Sioux Falls (the “City”) and the Wegner Arboretum Society (the “Society”) find that it is in the best interest of the people of the city of Sioux Falls, the Society, and the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site that it enter into an agreement between the City and Society, whereby the Society will operate, manage, maintain, and develop the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; and WHEREAS, the Society is best qualified to manage the operation of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; and WHEREAS, the Society and the City find that it is in both parties’ best interest that a five-year agreement be now executed and subsequently entered into; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled “Management Agreement for Operation of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site,” being a five- year agreement for the Society to manage the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site, is hereby approved. That the Mayor is authorized to sign such agreement after it is ratified and executed by the Society. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 11/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 43. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC., FOR THE MANAGEMENT, OPERATION, AND BRANDING OF THE FOOD AND BEVERAGE SERVICES AT JACOBSON PLAZA. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Sigette to adopt Resolution No. 118-24. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 118-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC., FOR THE MANAGEMENT, OPERATION, AND BRANDING OF THE FOOD AND BEVERAGE SERVICES AT JACOBSON PLAZA. WHEREAS, on April 19, 2024, the City of Sioux Falls (the “City”) requested proposals for a food and beverage service provider to provide quality management of food and beverage services offered to visitors of Jacobson Plaza; and WHEREAS, the City receiving no responses to the request for proposal, the City negotiated with Washington Pavilion Management, Inc. to provide said services; and WHEREAS, Washington Pavilion Management, Inc. is engaged, among other things, in the business of managing and operating food, beverage (alcoholic and nonalcoholic), novelty, and merchandise concession services and catering services at the Washington Pavilion and Orpheum Theater; and WHEREAS, the City and Washington Pavilion Management, Inc. intend to work collaboratively to ensure residents and visitors alike have a positive and memorable park and recreation experience at Jacobson Plaza; and WHEREAS, the City desires to engage, and Washington Pavilion Management, Inc. desires to accept the engagement to provide comprehensive management, operation, and branding of the food and beverages offered to visitors of Jacobson Plaza on the terms and conditions set forth in the Jacobson Plaza Food and Beverage Services Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the documents for food and beverage operation services between the City and Washington Pavilion Management, Inc., entitled individually Jacobson Plaza Food and Beverage Services Agreement, Exhibit A, Exhibit B, and Exhibit C (collectively “the “Agreement”), substantially in the form attached hereto and made part of this resolution, are hereby approved. Section 2. That the Mayor is authorized to sign such Agreement after it is ratified and executed by Washington Pavilion Management, Inc. Section 3. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 11/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 44. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SF HOTEL #1, LLC; STEEL DISTRICT OFFICE TOWER, LLC; STEEL DISTRICT LOFTS, LLC; AND WRAP THE RAMP, LLC. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 119-24. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 119-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SF HOTEL #1, LLC; STEEL DISTRICT OFFICE TOWER, LLC; STEEL DISTRICT LOFTS, LLC; AND WRAP THE RAMP, LLC. WHEREAS, the City of Sioux Falls and SF Hotel #1, LLC; Steel District Office Tower, LLC; Steel District Lofts, LLC; and Wrap the Ramp, LLC WHEREAS, the City of Sioux Falls will lease seventy (70) parking spaces (the “Premises”) located at 120, 150, and 151 E. 4th Place and 501 N. Metli Place, Sioux Falls, SD 57104 and legally described as: Lot 1A, 2A, 5A and 6A, Tract 1 Sioux Steel Addition to the City of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled, “Steel District Parking Lease Agreement” is hereby approved. That the Mayor is authorized to sign such agreement. Date Adopted: 11/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk Item 47 was heard at this time. See item for action taken. 45. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND ESTABLISHING COST PARAMETERS FOR THE FRANK OLSON PARK PROJECT AND KUEHN PARK PROJECT. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Soehl to adopt Resolution No. 120-24. A motion was made by Council Member Basye and seconded by Council Member Soehl to amend by striking “10 percent” and inserting “5 percent” in Sections 2 and 4; and by adding Section 5 as follows: That the City Council supports the establishment of an indoor recreation program plan that is approved by the City Council prior to its consideration of the recreation and aquatics bond”. Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 120-24 A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND ESTABLISHING COST PARAMETERS FOR THE FRANK OLSON PARK PROJECT AND KUEHN PARK PROJECT. WHEREAS, the City needs to replace two aging and out-of-date pools at Frank Olson Park and Kuehn Park; and WHEREAS, there is a community need for public year-round indoor recreation opportunities; and WHEREAS, the Administration has held more than 20 public meetings with a total attendance of over 700 people in addition to more than 1,300 survey responses; and WHEREAS, the Administration is recommending a new indoor recreation and aquatics center to replace the existing outdoor pool at Frank Olson Park for $47 million, and that the existing pool at Kuehn Park be replaced with a larger outdoor aquatics center for $18 million; and WHEREAS, the City Council is expected to consider a recreation and aquatics bond later this year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City Council supports a recreation and aquatics bond to construct an indoor recreation center and other park improvements at Frank Olson Park with an estimated cost of $47 million. Section 2. The amount of bond proceeds utilized for an indoor recreation center and/or other park improvements at Frank Olson Park shall not vary more than 5% from the amount stipulated in this resolution, including design, construction, contingencies and furniture, fixtures, and equipment (FF&E). Section 3. That the City Council supports a recreation and aquatics bond to construct an outdoor aquatics center and other park improvements at Kuehn Park with an estimated cost of $18 million. Section 4. The amount of bond proceeds utilized for an outdoor aquatic center and/or other park improvements at Kuehn Park shall not vary more than 5% from the amount stipulated in this resolution, including design, construction, contingencies and furniture, fixtures, and equipment (FF&E). Section 5. That the City Council supports the establishment of an indoor recreation program plan that is approved by the City Council prior to its consideration of the recreation and aquatics bond. Date adopted: 11/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 46. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND INCLUDING $3 MILLION SUPPORTING IMPROVEMENTS TO THE CITY’S WESTSIDE RECREATION CENTER. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Sigette to adopt Resolution No. 121-24. A motion was made by Council Member Sigette and seconded by Council Member Soehl to amend by adding as Section 2: "That the City Council supports the establishment of an indoor recreation program plan that is approved by the City Council prior to its consideration of the recreation and aquatics bond". Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 121-24 A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND INCLUDING $3 MILLION SUPPORTING IMPROVEMENTS TO THE CITY’S WESTSIDE RECREATION CENTER. WHEREAS, the City Council approved an agreement to purchase the Sanford Wellness Center on June 5, 2024, for $9 million; and WHEREAS, the City closed on the purchase of the Sanford Wellness Center, n.k.a. the Westside Recreation Center, on October 15, 2024, with the understanding it will require renovations to its roof and parking lot in addition to other improvements that will total $3 million; and WHEREAS, the City Council is expected to consider a recreation and aquatics bond later this year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City Council supports a recreation and aquatics bond that includes $3 million for improvements at the City’s Westside Recreation Center primarily used for replacing the roof and parking lot improvements. Section 2. That the City Council supports the establishment of an indoor recreation program plan that is approved by the City Council prior to its consideration of the recreation and aquatics bond. Date adopted: 11/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 47. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND AND ESTABLISHING THE TOTAL AMOUNT OF BOND PROCEEDS AVAILABLE FOR CONSTRUCTION AND OTHER ELIGIBLE COSTS. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to adopt Resolution No.122-24. A motion was made by Council Member Soehl and seconded by Council Member Bayse to amend by changing $77 million to $68 million in Section 1; and removing from Section 2 subsection (5) which read: "Purchase an existing recreation center at 8701 W. 32nd St. (a.k.a. Westside Recreation Center)". Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 122-24 A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND AND ESTABLISHING THE TOTAL AMOUNT OF BOND PROCEEDS AVAILABLE FOR CONSTRUCTION AND OTHER ELIGIBLE COSTS. WHEREAS, the City needs to replace two aging and out-of-date pools at Frank Olson and Kuehn parks; and WHEREAS, there is a community need for public year-round indoor recreation opportunities; and WHEREAS, the Administration has held more than 20 public meetings with a total attendance of over 700 people in addition to more than 1,300 survey responses; and WHEREAS, the Administration is recommending a new indoor recreation and aquatics center to replace the existing outdoor pool at Frank Olson Park for $47 million, and that the existing pool at Kuehn Park be replaced with an outdoor aquatics center for $18 million; and WHEREAS, the City Council approved an agreement to purchase the Sanford Wellness Center on June 5, 2024, for $9 million; and WHEREAS, On May 14, 2024, the City Council approved Ordinance 42-24 to transfer $9.05 million in General Fund Available Balance to the Sales/Use Tax Fund for purposes of closing the purchase of the Sanford Wellness Center while awaiting approval of a recreation and aquatics bond to reimburse the City for the purchase; and WHEREAS, the City closed on the purchase of the Sanford Wellness Center, n.k.a. the Westside Recreation Center, on October 15, 2024, with the understanding it will require renovations to its roof and parking lot in addition to other improvements that will total $3 million; and WHEREAS, the City Council is expected to consider a recreation and aquatics bond later this year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City Council supports a recreation and aquatics bond in an amount that generates a total of $68 million in bond proceeds to be utilized for Eligible Project Costs, as well as costs of issuance, capitalized interest (if any), and a debt service reserve (if any). Section 2. Eligible Project Costs shall be defined as follows: (1) Design, construct, equip, and/or furnish a new outdoor pool, pool house, parking lot(s), maintenance building, and other park and recreational on-site amenities at Kuehn Park. (2) Design, construct, equip, and/or furnish a new recreation facility with an indoor pool, gymnasium, walking track, general community area, indoor children’s play equipment, parking lot(s), and other park and recreational on-site amenities at Frank Olson Park. (3) Subject to availability of funds, pay the costs of demolition of the existing pool and park-related structures. (4) Renovate, equip, and/or furnish an existing recreation center at 8701 W. 32nd St. (a.k.a. Westside Recreation Center). Date adopted: 11/19/24 . Paul TenHaken, Mayor ATTEST: Jermery J. 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) 48. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: November 13, 2024. NEW BUSINESS GENERAL PUBLIC INPUT Steven Siano spoke about requesting how to change information in City Council meeting minutes. David Zokaites spoke about how to heal poverty. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Basye to adjourn the meeting at 7:52 p.m. Voice vote to adjourn. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA City Council Meeting Tuesday, November 19, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Council Member Sarah Cole Council Member Rich Merkouris Council Member Jennifer Sigette Council Member Curt Soehl Council Member Ryan Spellerberg Council Member Richard L. Thomason Council Member David Barranco Council Member Miranda Basye Mayor Paul TenHaken 2. INVOCATION  Dr. Ron Tottingham, Empire Baptist Temple 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, November 12, 2024  City Council Meeting of Tuesday, November 12, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated November 15, 2024. 7. Notice of Amended Lien Statement on Public Improvement. On November 12, 2024, the City of Sioux Falls received an Amended Lien Statement on Public Improvement from Northwest Corp., subcontractor of AT Abatement Services, Inc., subcontractor to McCarthy Building Companies, Inc. in the amount of $247,740.02, plus interest thereon as provided by law. The Amended Lien Statement amends the October 16, 2024, Lien Statement on Public Improvement. The Northwest Corp. Amended Lien is being reported to the City Council pursuant to the requirements of SDCL 5-22-3. The Northwest Corp. Amended Lien Statement on Public Improvement for the Wastewater Expansion project is attached as Exhibit A. APPLICATIONS 8. Special One-Day Malt Beverage and Special One-Day Wine Licenses for T Slat Inc, to be operated at Rehfeld’s Underground, 431 North Phillips Avenue, Suite 000, for SD Arts Happy Hour on November 20, 2024. 9. Special One-Day Liquor Licenses for T Slat Inc, to be operated at Augustana University, 2001 South Summit Avenue, for games on November 22, 23, 29 and 30, 2024. 10. Special One-Day Wine License for Augustana University to be operated at Wagoner Hall, 2300 South Grange Avenue, for a cooking class on February 13, 2025. 11. 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 B. NOTICE OF HEARINGS 12. Set a date of hearing for Tuesday, December 3, 2024. New 2024-25 Retail Malt Beverage License for Taqueria Juanita, 923 South Marion Road. 13. Set a date of hearing for Tuesday, December 3, 2024. New 2025 Retail Wine License for CH Patisserie, 309 South Phillips Avenue. 14. Set a date of hearing for Tuesday, December 3, 2024. New 2024-23 Retail Malt Beverage License and New 2025 Retail Wine License for Sudanese Restaurant and Bar, 323 North West Avenue. 15. Set a date of hearing for Tuesday, December 3, 2024. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Big Lost Meadery, 2215 South Lorraine Place. 16. Set a date of hearing for Tuesday, December 3, 2024. Transfer of 2024 Retail Liquor License from Sandbar & Grill, 2310 South Marion Road, to OTB LLC, 2310 South Marion Road. 17. Set a date of hearing for Tuesday, December 3, 2024. Renewal of 2025 Retail Liquor License for OTB LLC, 2310 South Marion Road. REGULAR AGENDA 18. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 19. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Antigua Taco House LLC, 702 East 8th Street. 20. 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. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13, 6010 South Cliff Avenue, Suite 101. 22. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13.25, 6010 South Cliff Avenue, Suite 102. 23. New 2025 Retail Wine License for Commonwealth Gaming, Deuces Casino 13.5, 6010 South Cliff Avenue, Suite 103. 24. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Indian Oven, 431 West 85th Street. 25. 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. 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. 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. Renewal of 2025 Convention Center Liquor License for Sioux Falls Convention Center Hotel LLC, 1211 North West Avenue. 29. 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. Renewal of 2025 Retail Liquor License for Quan Holdings Inc., 2417 East 10th Street, Suite B. 31. Transfer of 2024 Retail Liquor License from Jobu Hospitality, 1301 West Russell Street, to Platinum Dining LLC, 1301 West Russell Street. 32. Renewal of 2025 Retail Liquor License for Platinum Dining LLC, 1301 West Russell Street. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 33. 2nd 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 Background & Objective: The restriction of alcohol consumption in Falls Park, Fawick Park, or any property located adjacent to and within 500' of the Big Sioux River between Falls Park Dr. south to Cliff Ave bridge located between 12th St and 14th St. shall not apply where alcoholic beverages are licensed to be sold. 34. 2nd 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 Background & Objective: Added fees for Jacobson Plaza Ice Ribbon including both skate rentals and skate time reservation. 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor Background & Objective: Sanford Medical Center to continue to operate its physical therapy services within the Sanford Wellness Center located at 8701 W. 32nd Street, Sioux Falls, SD. ORDINANCE FIRST READINGS 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 700 N. SYCAMORE AVE. FROM THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT TO THE O OFFICE DISTRICT, NO. 020336-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2024. Private Applicant(s): Volunteers of America, Dakotas – Mallie Kludt Background & Objective: The purpose of this rezoning is to match a portion of the property that is zoned as multi-family to the existing office use. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1301 E. BENNETT ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 020341-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2024. Private Applicant(s): Jerry Vanloh Background & Objective: The purpose of this rezoning is to match the existing use as a single family house. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2024. Sponsor: Mayor Background & Objective: Real Property Lease of five (5) parking spots to the Sioux Falls School District for Trash Dumpster Enclosures on the East Side of Howard Wood Field Grandstand. 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 117: PEDDLERS AND VENDORS. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2024. Sponsor: Mayor Background & Objective: Looking to clarify the requirements/distinctions for Mobile Food Vending and Peddlers so that it is easier to understand for City personnel in charge of licensing and members of the public wishing to engage in these business ventures. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 77: PARKING REGULATIONS, SUBCHAPTER, GENERAL PROVISIONS. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2024. Sponsors: Council Members Sigette and Spellerberg Background & Objective: The proposed ordinance is intended to prevent parked vehicles from encroaching into the driving lanes of S. Phillips Ave. between 9th and 13th streets. If approved, the effective date of the ordinance is May 1, 2025. 41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110: LICENSES, SUBCHAPTER: FEE SCHEDULE. Recommendation: Set a date of 2nd Reading for Tuesday, December 3, 2024. Sponsors: Council Members Barranco and Cole Background & Objective: This proposed ordinance would repeal the Shooting Gallery License. HEARINGS AND RESOLUTIONS 42. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND THE WEGNER ARBORETUM SOCIETY FOR THE MANAGEMENT OF THE MARY JO WEGNER ARBORETUM AND EAST SIOUX FALLS HISTORIC SITE. Sponsor: Mayor Background & Objective: Management of the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site, including the Mable and Judy Jasper Educational Center, The Jasper Family Gardens, and all other amenities consistent with the master plan. 43. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WASHINGTON PAVILION MANAGEMENT, INC., FOR THE MANAGEMENT, OPERATION, AND BRANDING OF THE FOOD AND BEVERAGE SERVICES AT JACOBSON PLAZA. Sponsor: Mayor Background & Objective: Food and beverage services at the Gathering Hall with outdoor seating, Party Room within the Warming House, and the Flexible Use Space at Jacobson Plaza, along with Concession Sales and Catering Sales within Jacobson Plaza. 44. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND SF HOTEL #1, LLC; STEEL DISTRICT OFFICE TOWER, LLC; STEEL DISTRICT LOFTS, LLC; AND WRAP THE RAMP, LLC. Sponsor: Mayor Background & Objective: The lease agreement grants parking enforcement rights over 70 on-street parking spaces in the Sioux Steel District. It outlines the terms and conditions for usage, maintenance, and enforcement responsibilities for these spaces. 45. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND ESTABLISHING COST PARAMETERS FOR THE FRANK OLSON PARK PROJECT AND KUEHN PARK PROJECT. Sponsor: Mayor Background & Objective: Resolution establishs intent for cost parameters for future consideration as part of an Aquatics and Rec Bond for the construction of an indoor recreation center at Frank Olson Park and an outdoor aquatics center at Kuehn Park. 46. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND INCLUDING $3 MILLION SUPPORTING IMPROVEMENTS TO THE CITY’S WESTSIDE RECREATION CENTER. Sponsor: Mayor Background & Objective: Resolution establishes support for the inclusion of $3M to make critical facility improvements to the Westside Recreation Center recently acquired by the City, and including funding to support the improvements in the upcoming Aquatics and Rec Bond. 47. A RESOLUTION IN SUPPORT OF A RECREATION AND AQUATICS BOND AND ESTABLISHING THE TOTAL AMOUNT OF BOND PROCEEDS AVAILABLE FOR CONSTRUCTION AND OTHER ELIGIBLE COSTS. Sponsor: Mayor Background & Objective: Resolution establishes intent for the sizing of the upcoming Aquatics and Rec Bond and the total amount of project/construction proceeds to be funded by the bond. Resolution also established the Eligible Project Costs intended to be funded in the bond. 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) 48. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: November 13, 2024. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.GOV FOR MORE INFORMATION.

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