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City Council Meeting

Regular Meeting

Sioux Falls, SD · December 17, 2024

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Minutes

MINUTES City Council Meeting Tuesday, December 17, 2024, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 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, Council Member Jennifer Sigette, Mayor Paul TenHaken Absent: None At this time Mayor TenHaken acknowledged the attendance of Brownie Troop 41706 at the Council Meeting. 1. MEETING ROLL CALL 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Soehl to place Consent Agenda Item 6, Sub- Item 28; Planning & Development Services/Housing Agreement for a redevelopment project located within the All Saints Neighborhood and the Sherman Historical District; tRE Ministries, not to exceed $500,000.00 to the Regular Agenda for discussion. A motion was made by Council Member Merkouris and seconded by Council Member Sigette to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 10, 2024  City Council Meeting of Tuesday, December 10, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated December 13, 2024. A motion was made by Council Member Soehl and seconded by Council Member Basye to approve Sub-Item 28; Planning & Development Services/Housing Agreement for a redevelopment project located within the All Saints Neighborhood and the Sherman Historical District; tRE Ministries, not to exceed $500,000.00. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. APPLICATIONS 7. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for events on December 19 and 31, 2024 & January 3 and 4, 2025. 8. 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 D. NOTICE OF HEARINGS 9. Set a date of hearing for Tuesday, January 7, 2025. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Pizza Cheeks, 1716 South Minnesota Avenue. 10. Set a date of hearing for Tuesday, January 7, 2025. New 2024-25 Retail Malt Beverage License for Atomic Wings, 3217 South Sertoma Avenue. 11. Set a date of hearing for Tuesday, January 7, 2025. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for La Playita, 5216 East Arrowhead Parkway. 12. Set a date of hearing for Tuesday, January 7, 2025. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, and Transfer of 2025 Retail Liquor License from Shenanigan’s Pub Inc., 1903 South Ellis Road, to PKS LLC, 1903 South Ellis Road. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Agenda Item 6, Sub-Item 28, was heard at this time. See item for action taken. UNFINISHED BUSINESS 14. Transfer of 2024-25 Retail Malt Beverage License from Covert Artisan Ales, 434 East 8th Street, to Covert Artisan Ales, 605 South Watson Avenue, Suite 130. 15. Transfer of 2025 Retail Wine License from Henrichsen Construction, Monk’s Ales House, 420 East 8th Street, to Silent Order LLC, Monk’s Ale House, 420 East 8th Street. 16. Transfer of 204-25 Retail Malt Beverage License, with video lottery placement, from MG Oil Company, Big Al’s Casino 3, 4701 East Arrowhead Parkway, Suite 101, to Silent Order LLC, Monk’s Ale House, 420 East 8th Street. 17. Transfer of 2024 Package Liquor License from Munchies, 717 West 11th Street, to Freedom Dakota, 3308 West Russell Street. 18. Renewal of 2025 Package Liquor License for Freedom Dakota, 3308 West Russell Street. A motion was made by Council Member Soehl and seconded by Council Member Basye to approve Items 14 through 18. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO PROVIDE FOR CLARIFICATION ON THE STANDARDS USED TO DECLARE A DOG VICIOUS. Sponsors: Council Members Barranco and Sigette A motion was made by Council Member Barranco and seconded by Council Member Sigette to adopt Ordinance No. 105-24. A motion was made by Council Member Barranco and seconded by Council Member Sigette to amend by adding "may request the declaration' after the word "scratch" and before the word "under" in Section 90.003(a). Roll call vote to amend. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Roll call vote to adopt as amended. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW FOR THE TRAPPING, STERILIZING, AND VACCINATING COMMUNITY CATS AND RETURNING THEM TO THEIR ORIGINAL LOCATION. Sponsors: Council Members Spellerberg and Barranco A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to adopt Ordinance No. 106-24. Roll call vote to adopt. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 020441-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommendation to approve failed (0-4). Private Applicant(s): Jeff DeYoung A motion was made by Council Member Soehl and seconded by Council Member Merkouris to defer Item 21 to the January 7, 2025 Regular City Council Meeting. Roll call vote to defer. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 22. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT JACOBSON PLAZA. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 127-24. Roll call vote to adopt. 7 Yes: Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Soehl was not present for the vote on this motion. RESOLUTION NO. 127-24 A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT JACOBSON PLAZA. WHEREAS, the City of Sioux Falls is the owner of Jacobson Plaza at Falls Park, located at 800 N. Phillips Ave., Sioux Falls, SD 57104, referred to in this Agreement as “Jacobson Plaza”; and WHEREAS, the Jacobson Plaza skate ribbon, gathering hall, and warming house substantial completion date is anticipated in the winter of 2024–2025; and WHEREAS, open year-round, Jacobson Plaza is a vibrant and multifaceted park designed to enrich the recreational and social fabric of the city. Jacobson Plaza will feature several amenities that include a state-of-the-art skate ribbon, the largest inclusive playground in the region, T. Denny Sanford Splash Pad, Pawsible Dog Park, an on-site warming house with a party room that can be arranged in multiple configurations and is appropriate for parties, small corporate gatherings, and other private events, along with a connected gathering hall with outdoor seating, and a common space area with public restrooms between the gathering hall and flexible use warming house; and WHEREAS, Washington Pavilion Management, Inc. is engaged in, among other things, 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, Washington Pavilion Management, Inc. entered a four-and-a-half-year Food and Beverage Services Agreement (the “Agreement”) for the management, operation, and branding of the food and beverage services at Jacobson Plaza; and WHEREAS, the Agreement commences December 12, 2024, whereby Washington Pavilion Management, Inc. will provide all food and beverage services at the gathering hall with outdoor seating, the party room within the warming house, the flexible use space at Jacobson Plaza, and concession sales and catering sales within Jacobson Plaza; and WHEREAS, Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD (the “Code”) provides that the governing body of a municipality may, by resolution, issue an on-sale liquor license to be used at any municipality-owned entertainment venue, event venue, event center, arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic venue, recreation facility, municipal auditorium, or public convention hall; and WHEREAS, pursuant to Section 111.014.1 of the Code, the City desires to issue an on- sale liquor license for use at Jacobson Plaza; and WHEREAS, such on-sale liquor license shall be used to support the public purposes of Jacobson Plaza, which include but are not limited to serving the amenities and users of Jacobson Plaza at Falls Park, hosting entertainment and recreational events, as well as catering and concession sales, parties, meetings, banquets, graduations, small corporate events, private events, and other scheduled gatherings and events. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City hereby issues an on-sale liquor license to be used at Jacobson Plaza at no fee. Section 2. That the City may contract with Washington Pavilion Management, Inc. and its successors or assignees for purposes of providing food and beverage services at Jacobson Plaza and to use the license issued. Section 3. That Washington Pavilion Management, Inc. may not transfer such license. Section 4. That no video lottery may be placed at Jacobson Plaza. Date adopted: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 23. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND FIEGEN CONSTRUCTION CO., FOR CONSTRUCTION MANAGER AT-RISK SERVICES FOR A LIGHT, POWER, AND TRAFFIC OPERATIONS FACILITY ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Basye to adopt Resolution 128-24. Roll call vote to adopt. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 128-24 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND FIEGEN CONSTRUCTION CO., FOR CONSTRUCTION MANAGER AT-RISK SERVICES FOR A LIGHT, POWER, AND TRAFFIC OPERATIONS FACILITY ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. WHEREAS, on October 20, 2023, the City of Sioux Falls (the “City”) requested proposals for Construction Manager At-Risk Services for a Light, Power, and Traffic Operations Facility located in Sioux Falls, SD; and WHEREAS, as a result of the request for proposal process, the City selected Fiegen Construction Co., to provide Construction Manager At-Risk Services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the documents for Construction Manager At-Risk Services between the City and Fiegen Construction Co., (the “Agreement”), substantially in the form attached hereto and made a 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 Fiegen Construction Co. Section 3. In connection with the authorization of the Agreement, the Mayor, City Clerk, Finance Director, Public Works Director or his designee, City Attorney, and other officers of the City shall be authorized to enter into, execute, and deliver the Agreement and the following documents, instruments, and agreements as may be deemed necessary by the parties, consistent with the terms of the Agreement that do not exceed the authorized project budget. A. Amendments, change orders, and change directives to the Agreement; B. Insertion of exhibits into the Agreement that are mutually agreed upon by the parties; and C. Other required documents or instruments that are mutually agreed upon by the parties pursuant to the Agreement. The execution and delivery of all such amendments, change orders, change directives, exhibits, documents, and instruments is hereby authorized and directed to be in such form and to contain such terms, consistent with this resolution, as the officers of the City designated herein shall determine to be necessary and desirable. Section 4. Change orders shall be executed and noticed in accordance with local and state law. Section 5. 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: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 24. A RESOLUTION APPROVING DIAGONAL PARKING ON W. BLACKHAWK ST. AND ON A AVE. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution 129-24. Roll call vote to adopt. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 129-24 A RESOLUTION APPROVING DIAGONAL PARKING ON W. BLACKHAWK ST. AND ON A AVE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the resolution to establish diagonal parking on the north side of W. Blackhawk St. between B Ave. and A Ave., and on the west side of A Ave. between Blackhawk St. and Algonquin St., is hereby approved. Date adopted: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 25. A RESOLUTION APPROVING DIAGONAL PARKING ON S. VAN EPS AVE. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Basye to adopt Resolution 130-24. Roll call vote to adopt. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 130-24 A RESOLUTION APPROVING DIAGONAL PARKING ON S. VAN EPS AVE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the resolution to establish diagonal parking on the east side of S. Van Eps Ave. between Prospect St. and 16th St., is hereby approved. Date adopted: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 26. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE CITY OF BALTIC, SD. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 131-24. Roll call vote to adopt. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 131-24 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE CITY OF BALTIC, SD. WHEREAS, the City owns a 2012 Smithco Ballfield Groomer, Asset #3016277, and a 2013 Smithco Ballfield Groomer, Asset #3017549; 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, the City of Baltic, SD, finds it desirable to acquire said property; and WHEREAS, the City of Baltic 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 two Smithco Ballfield Groomers identified above are surplus property that is no longer necessary, useful, or suitable for the purpose for which they were acquired. Section 3. That the gifting for a public purpose by the City of Sioux Falls of the two Smithco Ballfield Groomers to the City of Baltic, SD, is hereby approved. Date adopted: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 27. 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 Cole to adopt Resolution 132-24. Roll call vote to adopt. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 132-24 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 Jeff Nelson Housing and Redevelopment Appointed for a term from January Commission 2025 to January 2030. Chris Heidrich Zoning Board of Adjustment Reappointed for a term from December 2024 to December 2027. Date adopted: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 28. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2025 STATE LEGISLATIVE SESSION. Sponsors: Council Members Soehl and Merkouris A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 133-24. A motion was made by Council Member Barranco and seconded by Council Member Sigette to amend by replacing the language in Proposal #1 with "The Sioux Falls City Council supports prudent state investments to increase municipal water resources, including the proposed $1 million appropriation funding Dakota Mainstem engineering and asssessment planning". Roll call vote to amend. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Roll call vote to adopt as amended. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 133-24 A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2025 STATE LEGISLATIVE SESSION. WHEREAS, the City Charter states that the Sioux Falls City Council is the policy making and legislative body of the City of Sioux Falls; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. The Sioux Falls City Council supports prudent state investments to increase municipal water resources, including the proposed $1 million appropriation funding Dakota Mainstem engineering and assessment planning. 2. The Sioux Falls City Council recognizes the essential role that South Dakota’s airports have in our state’s growing economy. Locally, the Sioux Falls Regional Airport’s passenger total is projected to reach a record 1.35 million passengers in 2024, exceeding last year’s passenger record. To meet this growing regional demand for air travel, the airport is proposing to construct a new concourse that will provide five new gates to expand air service for the region. We urge the legislature to appropriate the necessary funds to be used in combination with federal funds to allow this significant terminal expansion project to move forward. 3. The Sioux Falls City Council supports legislation that creates a regulatory environment that increases enrollment in the South Dakota Child Care Assistance Program. 4. The Sioux Falls City Council supports legislation that provides local law enforcement with the necessary tools to address motor vehicle violations, including but not limited to speed racing, reckless driving, and street takeovers. 5. The Sioux Falls City Council supports efforts to safeguard children and educators from deadly threats. The council, therefore, supports pragmatic, realistic legislation, including the proposed School Safety Grants, that provide vital resources and promote the best practices for school safety. Date adopted: 12/17/24 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 29. A MOTION TO ACCEPT THE ASSIGNMENT AND ASSUMPTION OF THE FINAL COMPREHENSIVE REAL ESTATE PURCHASE AGREEMENT BETWEEN STATE PARTNERS, LLC, AND THE SIOUX FALLS DEVELOPMENT FOUNDATION, DATED DECEMBER 10, 2024. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to approve Item 29. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 30. A MOTION TO INCREASE EACH CITY COUNCIL-APPOINTED POSITION PAY SCALE BY 3.5 PERCENT. THE APPOINTED EMPLOYEE SALARY SHALL BE MODIFIED ON JANUARY 6, 2025, TO REFLECT THE ADOPTED INFLATION ADJUSTMENT. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to approve Item 30. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 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) 31. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: November 30, 2024. NEW BUSINESS GENERAL PUBLIC INPUT Jordan Deffenbaugh spoke on the Quality of Life Framework, and using data and science to make decisions. Mike Zitterich spoke about the Delbridge Museum, meetings regarding the animal collection, and his interests in sharing his ideas on the collection. Tim Stanga spoke about the money that was spent on ads against panhandling. Samantha Scarlata spoke about Sierre Broussard, teen crime, events for teens, violence in the City, and homelessness. Molli Johnson spoke about TzadikProperties and Sierra Broussard. Sierra Broussard spoke about Tzadik Properties and its tenants. Travis Leibrich, Maintenance Technician for Tzadik Management, spoke on tenant heating complaints and resolving issues. Robert Dickey spoke about needing to unify, the Brockhouse Collection, and the City needing to keep the collection. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Soehl to adjourn the meeting at 7:44 p.m. Voice vote to adjourn. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, December 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 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 Council Member Jennifer Sigette Mayor Paul TenHaken 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 10, 2024  City Council Meeting of Tuesday, December 10, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated December 13, 2024. APPLICATIONS 7. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for events on December 19 and 31, 2024 & January 3 and 4, 2025. 8. 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 D. NOTICE OF HEARINGS 9. Set a date of hearing for Tuesday, January 7, 2025. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Pizza Cheeks, 1716 South Minnesota Avenue. 10. Set a date of hearing for Tuesday, January 7, 2025. New 2024-25 Retail Malt Beverage License for Atomic Wings, 3217 South Sertoma Avenue. 11. Set a date of hearing for Tuesday, January 7, 2025. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for La Playita, 5216 East Arrowhead Parkway. 12. Set a date of hearing for Tuesday, January 7, 2025. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, and Transfer of 2025 Retail Liquor License from Shenanigan’s Pub Inc., 1903 South Ellis Road, to PKS LLC, 1903 South Ellis Road. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 14. Transfer of 2024-25 Retail Malt Beverage License from Covert Artisan Ales, 434 East 8th Street, to Covert Artisan Ales, 605 South Watson Avenue, Suite 130. 15. Transfer of 2025 Retail Wine License from Henrichsen Construction, Monk’s Ales House, 420 East 8th Street, to Silent Order LLC, Monk’s Ale House, 420 East 8th Street. 16. Transfer of 204-25 Retail Malt Beverage License, with video lottery placement, from MG Oil Company, Big Al’s Casino 3, 4701 East Arrowhead Parkway, Suite 101, to Silent Order LLC, Monk’s Ale House, 420 East 8th Street. 17. Transfer of 2024 Package Liquor License from Munchies, 717 West 11th Street, to Freedom Dakota, 3308 West Russell Street. 18. Renewal of 2025 Package Liquor License for Freedom Dakota, 3308 West Russell Street. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 19. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO PROVIDE FOR CLARIFICATION ON THE STANDARDS USED TO DECLARE A DOG VICIOUS. Sponsors: Council Members Barranco and Sigette Background & Objective: The proposed ordinance amends the existing vicious animal ordinance by updating the minimum guidelines for an animal to be declared vicious. 20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 90: ANIMALS AND FOWL TO ALLOW FOR THE TRAPPING, STERILIZING, AND VACCINATING COMMUNITY CATS AND RETURNING THEM TO THEIR ORIGINAL LOCATION. Sponsors: Council Members Spellerberg and Barranco Background & Objective: The proposed ordinance would allow any person approved by the Sioux Falls Area Humane Society to humanely trap, sterilize, vaccinate for rabies, ear tip, and microchip a feral cat, and return them to their original location. ORDINANCE FIRST READINGS 21. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 4801 AND 4901 E. GRANT ST. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 020441-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommendation to approve failed (0-4). Recommendation: Set a date of 2nd Reading for Tuesday, January 7, 2025. Private Applicant(s): Jeff DeYoung Background & Objective: To construct additional mini-storage units. HEARINGS AND RESOLUTIONS 22. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT JACOBSON PLAZA. Sponsor: Mayor Background & Objective: Resolution provides for the issuance of a municipal-owned facility liquor license for use at Jacobson Plaza by the facilities food and beverage operator, Washington Pavilion Management, Inc. 23. A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONSTRUCTION MANAGER AT-RISK AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND FIEGEN CONSTRUCTION CO., FOR CONSTRUCTION MANAGER AT-RISK SERVICES FOR A LIGHT, POWER, AND TRAFFIC OPERATIONS FACILITY ALONG WITH OTHER DOCUMENTS, AMENDMENTS, CHANGE ORDERS, OR OTHER INSTRUMENTS AS MAY BE DEEMED NECESSARY AND APPROPRIATE CONSISTENT WITH THE TERMS OF THE AGREEMENT. Sponsor: Mayor Background & Objective: Previously, on 9/19/23, Council approved a Resolution to authorize the use of Construction Manager at Risk (CMAR) services for this project. Fiegen was selected from 13 firms who responded to the Request for Proposals. This Resolution is to approve and execute the CMAR Agreement with Fiegen. 24. A RESOLUTION APPROVING DIAGONAL PARKING ON W. BLACKHAWK ST. AND ON A AVE. Sponsor: Mayor Background & Objective: That the resolution to establish diagonal parking on the north side of W. Blackhawk St. between B Ave. and A Ave., and on the west side of A Ave. between Blackhawk St. and Algonquin St., is hereby approved. 25. A RESOLUTION APPROVING DIAGONAL PARKING ON S. VAN EPS AVE. Sponsor: Mayor Background & Objective: That the resolution to establish diagonal parking on the east side of S. Van Eps Ave. between Prospect St. and 16th St., is hereby approved. 26. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO THE CITY OF BALTIC, SD. Sponsor: Mayor Background & Objective: A resolution declaring certain equipment of the City surplus and authorizing the gifting to the City of Baltic, SD. 27. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor Background & Objective: The resolution appoints/reappoints members to the: Housing Redevelopment Commission Board and the Zoning Board of Adjustment. 28. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE PRIORITIES FOR THE 2025 STATE LEGISLATIVE SESSION. Sponsors: Council Members Soehl and Merkouris Background & Objective: The resolution adopts the City's legislative priorities for upcoming session of the South Dakota Legislature. 29. A MOTION TO ACCEPT THE ASSIGNMENT AND ASSUMPTION OF THE FINAL COMPREHENSIVE REAL ESTATE PURCHASE AGREEMENT BETWEEN STATE PARTNERS, LLC, AND THE SIOUX FALLS DEVELOPMENT FOUNDATION, DATED DECEMBER 10, 2024. Sponsors: Council Members Merkouris and Soehl Background & Objective: Approval of this motion assigns and transfers the Real Estate Purchase Agreement with State Partners, LLC from the Sioux Falls Development Foundation to the City of Sioux Falls. The property is located between E. 10th St., S. Franklin Ave., and S. Fairfax Ave. 30. A MOTION TO INCREASE EACH CITY COUNCIL-APPOINTED POSITION PAY SCALE BY 3.5 PERCENT. THE APPOINTED EMPLOYEE SALARY SHALL BE MODIFIED ON JANUARY 6, 2025, TO REFLECT THE ADOPTED INFLATION ADJUSTMENT. Sponsors: Council Members Merkouris and Soehl Background & Objective: The motion would adjust each appointed city council employee's salary by the approved cost of living adjustment (COLA). 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) 31. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: November 30, 2024. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT IF AN ADA ACCOMODATION IS NEEDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 OR CLERKS@SIOUXFALLS.GOV 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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