City Council Meeting

MINUTES Regular City Council Meeting Tuesday, January 7, 2025, 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 Sarah Cole, 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: None At this time Mayor TenHaken recognized Boy Scout Troop Pack 162. 2. INVOCATION  Reverend Brett Best, Emmanuel Baptist Church 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. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, December 17, 2024  City Council Meeting of Tuesday, December 17, 2024 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated January 3, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from The Mary Jo Wegner Arboretum to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on February 8, 2025, March 13, 2025, and April 17, 2025. 8. Notice of Amended Lien Statement on Public Improvement. On or about December 23, 2024, the City received a Lien Statement on Public Improvement in the amount of $20,209.61, plus interest thereon as provided by law from Spencer Quarries, Inc., a subcontractor to Stone Hill Excavation, LLC., a subcontractor to the General Contractor Hegg Construction. The Spencer Quarries, Inc. Lien relates to the contract proceeds for work and materials furnished by Spencer Quarries, Inc. to Stone Hill Excavation, LLC, needed to complete construction on the Elmwood Golf Course Project (SGA # 231002; City Bid Request # 24-1066; CIP # 14072), located at 2604 West Russel Street, Sioux Falls, SD 57104. Spencer Quarries Lien is being reported to the City Council pursuant to the requirements of SDCL 5-22-3. The Spencer Quarries Lien Statement on Public Improvement for the Elmwood Golf Course project is attached as Exhibit A. 9. Approval of surplus property disposition on the memorandum dated November 30, 2024. APPLICATIONS 10. Renewal of 2025 Retail Wine License for Hagere Ethiopian Restaurant, 2113 South Minnesota Avenue. 11. Special One-Day Licenses for Prohibition Pub to be operated at The Social, 301 South Thompson Avenue, for events on January 11 & 18, 2025. 12. Special One-Day Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for events on January 10, 11, 16, 17 & 18, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 13. Parcel #96958, for 2023 property taxes in the amount of $9,894.16. Reason: The property is exempt from the tax. 14. Parcel #96519, for 2023 property taxes in the amount of $43,544.02. Reason: The property is exempt from the tax. 15. Parcel #93782, for 2023 property taxes in the amount of $2,722.50. Reason: An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 16. Parcel #280.85.05.006, for 2023 property taxes in the amount of $2,032.75. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, January 21, 2025. New 2025 Retail Wine License for Go Green Pub, 4930 North Cliff Avenue. 18. Set a date of hearing for Tuesday, January 21, 2025. New 2025 Retail Wine License for Paradise Casino II, 1821 West 12th Street, Suite D. 19. Set a date of hearing for Tuesday, January 21, 2025. New 2025 Retail Wine License for Crown West Casino 3, 4805 West 12th Street, Suite 3. 20. Set a date of hearing for Tuesday, January 21, 2025. Transfer of 2024-25 Retail Malt Beverage License, with video lottery placement, from Jackson’s Casino, 825 South Minnesota Avenue, to Commonwealth Gaming, 319 North West Avenue. 21. Set a date of hearing for Tuesday, January 21, 2025. Special One-Day Off-Sale Wine License for American Heart Association to be operated at 1201 North West Avenue, for a fundraiser on January 31, 2025. 22. Set a date of hearing for Tuesday, January 21, 2025. A RESOLUTION DECLARING THE NECESSITY TO GRADE, GRAVEL, CONSTRUCT CURB AND GUTTER, ASPHALT SURFACING, SANITARY SEWER, STORM SEWER, WATER MAIN AND STREETLIGHTS ON E. GRANT ST., AND ASSESSING THE COST TO EACH LOT OR TRACT OF LAND BENEFITING THEREBY. Sponsor: Mayor REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 24. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for Pizza Cheeks, 1716 South Minnesota Avenue. 25. New 2024-25 Retail Malt Beverage License for Atomic Wings, 3217 South Sertoma Avenue. 26. New 2024-25 Retail Malt Beverage License and New 2025 Retail Wine License for La Playita, 5216 East Arrowhead Parkway. 27. 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. A motion was made by Council Member Basye and seconded by Council Member Barranco to approve items 24 through 27. Roll call vote to approve. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 28. 1st Reading: Deferred from the Meeting of Tuesday, December 17, 2024; 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 recommends denial (0-4). Private Applicant(s): Jeff DeYoung A motion was made by Council Member Spellerberg and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, January 21, 2025 for Item 28. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA (THE “CITY”), AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF SALES TAX REVENUE BONDS (COLLECTIVELY, THE “NEW SERIES OF BONDS”); AUTHORIZING THE USE OF THE PROCEEDS THEREOF TOGETHER WITH ANY OTHER AVAILABLE FUNDS TO (1) RENOVATE, EQUIP, AND/OR FURNISH AN EXISTING RECREATION CENTER AT 8701 W. 32ND ST.; (2) 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; (3) 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; (4) SUBJECT TO AVAILABILITY OF FUNDS, PAY THE COSTS OF DEMOLITION OF THE EXISTING POOL AND PARK-RELATED STRUCTURES; AND (5) PAY THE COSTS OF ISSUANCE THEREOF; PLEDGING A PORTION OF THE SALES AND USE TAX PROCEEDS OF THE CITY TO THE PAYMENT OF SAID NEW SERIES OF BONDS; FIXING THE TERMS OF SUCH NEW SERIES OF BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A NEW INDENTURE AND/OR ONE OR MORE SUPPLEMENTAL INDENTURES TO THE AMENDED AND RESTATED INDENTURE  OF TRUST ENTERED INTO BY THE CITY TO SECURE SALES TAX BONDS; AUTHORIZING THE SALE, EXECUTION, AND DELIVERY OF SUCH NEW SERIES OF BONDS IN AN AMOUNT SUFFICIENT TO (I) FUND A DEPOSIT OF BOND PROCEEDS IN AN AMOUNT NOT TO EXCEED $68,000,000 TO A CONSTRUCTION FUND TO FINANCE SUCH PROJECTS, (II) PAY COSTS OF ISSUANCE OF SUCH NEW SERIES OF BONDS, AND (III) FUND CAPITALIZED INTEREST, IF ANY, AND A DEBT SERVICE RESERVE FUND, IF ANY. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, January 14, 2025 for Item 29. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 30. A RESOLUTION APPOINTING A CITIZEN MEMBER TO THE CITY COUNCIL AUDIT COMMITTEE. Sponsors: Council Members Barranco and Merkouris A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Resolution No. 1-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 01-25 A RESOLUTION APPOINTING CITIZEN MEMBERS TO THE CITY COUNCIL AUDIT COMMITTEE. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following members to serve on the Audit Committee pursuant to Sections 32.017 and 32.018 of the Code of Ordinances of Sioux Falls, SD: Name Committee Term Doug Reed Audit Committee Appointed for a term from January 2025 to December 2027. Date adopted: 01/07/25 . 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) 31. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: December 12, 2024. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Several residents gave public comments on the following: sand volleyball courts, providing indoor motor events at the Arena, activity at the Bishop Dudley House, the impact parents and churches can have on juvenile activity, the timing of the voting on the Riverline District building project, concerns about the Delbridge Museum animals moving elsewhere, and homelessness in Sioux Falls. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Sigette to adjourn the meeting at 7:25 p.m. Roll call vote to adjourn. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk