City Council Meeting

MINUTES City Council Meeting Tuesday, January 14, 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 Richard L. Thomason (arr. via telecom at 6:10 p.m.), 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, Mayor Paul TenHaken Absent: None 2. INVOCATION  Pastor Charlie Moore, Sunnycrest United Methodist Church Mayor Paul TenHaken provided the Invocation. 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 7, 2025  Regular City Council Meeting of Tuesday, January 7, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated January 10, 2025. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through December 31, 2024. 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Cooper Rey. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #81872, for 2023 property taxes in the amount of $1,711.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). REGULAR AGENDA 10. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Merkouris to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 11. 2nd 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 Council Member Richard L. Thomason joined the meeting at this time via telecom. A motion was made by Council Member Soehl and seconded by Council Member Sigette to adopt Ordinance No. 01-25. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 12. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A CONDITIONAL GIFTING AND NAMING AGREEMENT FOR FUTURE CASH GIFTS FOR THE EXPANSION OF THE LEVITT SHELL SIOUX FALLS LOCATED IN FALLS PARK. 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, January 21, 2025 for Item 12. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. Thomason was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING A SUPPLEMENTAL APPROPRIATION TO EXPAND INTERNATIONAL TRADE OPPORTUNITIES FOR SOUTH DAKOTA BUSINESSES. Sponsors: Council Members Barranco and Thomason A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, January 21, 2025 for Item 13. Roll call vote to set a date of 2nd Reading. 7 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Spellerberg; 1 No: Soehl. Motion Passed. HEARINGS AND RESOLUTIONS 14. A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS) PROGRAM. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Cole to adopt Resolution No. 02-25.  Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 02-25 A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS) PROGRAM. WHEREAS, the City is in the process of recertifying its CRS Program with FEMA, so property owners can continue to receive discounts on flood insurance; and WHEREAS, part of the CRS requirements require annual reports to be submitted in January to the City Council, detailing progress on floodplain management items in the Hazard Mitigation Plan and the Repetitive Loss Area Analysis (a report on areas damaged by recurring floods); NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That said reports are hereby accepted and will be released to the media, per CRS requirements. Date adopted: 01/14/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 15. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED WITHIN LOT 2 OF DMI SECOND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Matt Sutton, Schemmer Group A motion was made by Council Member Basye and seconded by Council Member Merkouris to adopt Resolution No. 03-25. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 03-25 A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT UTILITY EASEMENT LOCATED WITHIN LOT 2 OF DMI SECOND ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the utility easement across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer.  WHEREAS, the permanent utility easement was established by Resolution No. 89-06 and filed in Book 254 of Misc. on page 734 in the office of the Register of Deeds for Minnehaha County, SD, on August 4, 2006. The utility easement was reaffirmed by plat and filed in Book 86 of Plats on page 289 in the office of the Register of Deeds for Minnehaha County, SD, on November 6, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the permanent utility easement, as shown on attached Exhibit A, and affecting the real property described as Lot 2 of DMI Second Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 01/14/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 16. A RESOLUTION APPROVING THE RELEASE OF PART OF A SANITARY SEWER EASEMENT LOCATED IN LOT 1 OF VOCATIONAL-TECHNICAL 3RD ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Sioux Falls School District A motion was made by Council Member Sigette and seconded by Council Member Barranco to adopt Resolution No. 04-25. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 04-25 A RESOLUTION APPROVING THE RELEASE OF PART OF A SANITARY SEWER EASEMENT LOCATED IN LOT 1 OF VOCATIONAL-TECHNICAL 3RD ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs the sanitary sewer easement across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the sanitary sewer easement was established by plat and filed in Book 71 of Plats on page 36 in the office of the Register of Deeds for Minnehaha County, SD, on March 24, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That it approves the release of part of the sanitary sewer easement, as shown on attached Exhibit A, and affecting the real property described as Lot 1 of Vocational- Technical 3rd Addition to the City of Sioux Falls, Minnehaha County, South Dakota, and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 01/14/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 17. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 020292-2024—ETHIOPIAN CHURCH SE 1/4 Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to adopt Resolution No. 05-25. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 05-25 ANNEXATION 020292-2024—ETHIOPIAN CHURCH SE 1/4 A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. WHEREAS, there has been presented to the City Council of the City of Sioux Falls and filed with the City Clerk, a Petition in writing signed by the owners and otherwise in compliance with the provisions of SDCL Chapter 9-4, requesting that the territory hereinafter described be included within the municipality; and WHEREAS, there has been an analysis completed regarding the territory hereinafter described and it has been found that: 1. The property has been properly described and is contiguous to the current city limits. 2. The proposed land uses and densities are generally consistent with the Shape Sioux Falls 2040 Comprehensive Plan. 3. There is access to the major street network along 69th St. 4. Sanitary sewer is currently unavailable for this site. Property owner will need to work with adjacent landowner to have sewer extended to the site. 5. Property is currently dependent on the neighboring development timeline for access to City water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:  That the following described properties are and the same hereby are included within the corporate limits of the city of Sioux Falls, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: The South 386' of the West 349' in the Southeast 1/4 of Section 8, Township 100 North, Range 49 West of the 5th p.m., Lincoln County, South Dakota; and the E. 69th Street abutting public right-of-way thereto. And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 01/14/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 18. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 65-24 VETERANS MEMORIAL PARKWAY ROW—CLIFF AVENUE. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Basye to adopt Resolution No. 06-25. Roll call vote to adopt. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. RESOLUTION NO. 06-25 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL DESCRIPTION OF ANNEXATION RESOLUTION NO. 65-24 VETERANS MEMORIAL PARKWAY ROW—CLIFF AVENUE. WHEREAS, on June 11, 2024, the City Council of the City of Sioux Falls adopted Resolution No. 65-24 to include certain contiguous territory within the corporate limits of the city of Sioux Falls, SD; and WHEREAS, the annexation map boundaries have been approved by the City Council; and WHEREAS, the legal description, did not include all of the H-Lots, as set forth in Resolution 65-24 and was not accurate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the legal description as set forth in Resolution 65-24 hereby is amended to read as follows:  Lot H-1 in the N 1/2 of the SW 1/4 and the S 1/2 of the NW 1/4 of Section 13, T 100 N, R 50 W; the S 1/2 of the NW 1/4 and the N 1/2 of the SW 1/4 (excluding McVay’s and Pikes Additions and Lot H-1) of Section 13, T 100 N, R 50 W; Lots 1, 2, and 3 McVay’s Addition (excluding Lot H-1) in the N 1/2 of the SW 1/4 of Section 13, T 100 N, R 50 W; Lot H-1 Lot 3 McVay’s Addition in the N 1/2 of the SW 1/4 of Section 13, T 100 N, R 50 W; Lot H-1 Lot 2 McVay’s Addition in the N 1/2 of the SW 1/4 of Section 13, T 100 N, R 50 W; Lot H-1 Lot 1 McVay’s Addition in the N 1/2 of the SW 1/4 of Section 13, T 100 N, R 50 W; Lot H-2 in the N 1/2 of the SW 1/4 of Section 13, T 100 N, R 50 W; and S. Cliff Ave. rights-of-way adjacent thereto Lincoln County, SD And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 01/14/25 . 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) 19. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: December 30, 2024. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Comments were made regarding: opposition to the rezoning of 4801 & 4901 E. Grant St. and street work on Grant Street; a suggestion for a $150K ad campaign to tell people how to drive; and to lower property taxes. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Sigette to adjourn at 7:28 p.m. Voice vote to adjourn. 8 Yes: Thomason, Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk