City Council Meeting

MINUTES Regular City Council Meeting Monday, February 3, 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 Absent: Mayor Paul TenHaken 2. INVOCATION  Executive Pastor Ray Lail, LifeChange Church 3. PLEDGE OF ALLEGIANCE 4. AWARDS & RECOGNITIONS  SIOUXPERHERO Citizen Recognition Award: Cooper Rey Council Chair Curt Soehl recognized Troop 346 at this time. CONSENT AGENDA 5. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Merkouris and seconded by Council Member Cole 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. 6. APPROVAL OF MINUTES  Informational Meeting of Tuesday, January 21, 2025   City Council Meeting of Tuesday, January 21, 2025 COMMUNICATIONS 7. Approval of contracts/agreements over $100K on the memorandum dated January 31, 2025. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for sporting events on February 8, 11, 12, 13, 14, 15, 2025. 9. Special One-Day Liquor License for T Slat Inc., to be operated at Avera Specialty Hospital, 6100 South Louise Avenue, for Hearts in Healing on February 8, 2025. 10. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., to be operated at Great Bear, 5901 East Rice Street, for a music festival on July 11 and 12, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #93211, for 2023 property taxes in the amount of $5,997.31. 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. 12. Parcel #87530, for 2023 property taxes in the amount of $2,433.16. 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. 13. Parcel #29780, for 2024 property taxes in the amount of $1,419.73. Reason: The property is exempt from the tax. 14. Parcel #29776, for 2024 property taxes in the amount of $1,487.13. Reason: The property is exempt from the tax. 15. Parcel #40083, for 2024 property taxes in the amount of $1,950.87. Reason: The property is exempt from the tax. 16. Parcel #28027, for 2024 property taxes in the amount of $433.10. Reason: The property is exempt from the tax. 17. Parcel #29774, for 2024 property taxes in the amount of $669.59. Reason: The property is exempt from the tax. 18. Parcel #29803, for 2024 property taxes in the amount of $836.82. Reason: The property is exempt from the tax. 19. Parcel #29799, for 2024 property taxes in the amount of $404.58. Reason: The property is exempt from the tax. 20. Parcel #29778, for 2024 property taxes in the amount of $568.58. Reason: The property is exempt from the tax. 21. Parcel #96958, for 2024 property taxes in the amount of $916.20. Reason: The property is exempt from the tax. 22. Parcel #97617, for 2024 property taxes in the amount of $804.67. Reason: The property is exempt from the tax. 23. Parcel #97618, for 2024 property taxes in the amount of $266.53. Reason: The property is exempt from the tax. 24. Parcel #94122, for 2024 property taxes in the amount of $1,827.58. Reason: The same property has been assessed against the complainant more than once in the same year, and the complainant produces satisfactory evidence that the tax for the year has been paid. 25. Parcel #44846, for 2024 property taxes in the amount of $140.50. 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. 26. Parcel #87530, for 2024 property taxes in the amount of $2,437.88. 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. 27. Parcel #93211, for 2024 property taxes in the amount of $5,733.58. 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. 28. Parcel #93782, for 2024 property taxes in the amount of $2,593.60. 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. 29. Parcel #46475, for 2024 property taxes in the amount of $635.44. 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. 30. Parcel #63874, for 2024 property taxes in the amount of $48,958.96. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 31. Set a date of hearing for Tuesday, February 18, 2025. Transfer of 2025 Retail Liquor License from Papa Woody’s Wood Fired Pizza Inc., 775 North Phillips Avenue, to PKS Two LLC, 775 North Phillips Avenue. 32. Set a date of hearing for Tuesday, February 18, 2025. Special One-Day Malt Beverage License for St. Michael Parish, 1600 South Marion Road, for fellowship on February 22, 2025. 33. Set a date of hearing for Tuesday, February 18, 2025. Special One-Day Malt Beverage License for Siouxland Heritage Museum, 200 West 6th Street, for a St. Patrick’s Day event on March 17, 2025. 34. Set a date of hearing for Tuesday, February 18, 2025. Special One-Day Malt Beverage License and Special One-Day Wine License for Immaculate Heart of Mary, 2109 South 5th Avenue, for a trivia night on March 29, 2025. 35. Set a date of hearing for Tuesday, February 18, 2025. Special One-Day Liquor License and Special One-Day Off-Sale Wine License for Catholic Community Foundation for Eastern South Dakota to be operated in the parking lot at 212 East 11th Street, for a fundraiser on August 2, 2025. REGULAR AGENDA 36. 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: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 37. New 2025 Retail Wine License and New 2024-25 Retail Malt Beverage License for Towneplace Suites by Marriott, 4545 West Homefield Drive. 38. New 2025 Retail Wine License and New 2024-25 Retail Malt Beverage License for Econolodge North – Airport, 5100 North Cliff Avenue. 39. New 2024-25 Retail Malt Beverage License for Puerto Vallarta Restaurant, 1801 East 10th Street. 40. Transfer of 2025 Retail Liquor License from Papa Woody’s Wood Fired Pizza Inc., 775 North Phillips Avenue, to CR Lloyd Associates Inc., 775 North Phillips Avenue. 41. Transfer of 2024-25 Retail Malt Beverage License from Jon Faulds Shell, 1301 South Minnesota Avenue, to Freedom Siouxfalls LLC, 1301 South Minnesota Avenue. 42. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from Ace Capital LLC, 2310 West 41st Street, Suite 101, to OTB LLC, 2310 South Marion Road, Suite 110. 43. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, 4701 East Arrowhead Parkway, Suite 100, to Ace Capital LLC, 2310 West 41st Street, Suite 101. A motion was made by Council Member Barranco and seconded by Council Member Basye to withdraw Item 40. Roll call vote to withdraw. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. A motion was made by Council Member Spellerberg and seconded by Council Member Cole to approve Item 37-39, and Item 41-43. 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 SECOND READINGS 44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. BISON TRL. AND EAST OF S. SOUTHEASTERN AVE. FROM THE O OFFICE DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 020490-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble A motion was made by Council Member Barranco and seconded by Council Member Sigette to adopt Ordinance No. 05-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 18TH ST. AND WEST OF S. HIGHLINE AVE. FROM THE C-3 COMMERCIAL—COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 020500-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): Inland Group – John Fisher  A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Ordinance No. 06-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH AND WEST OF VETERANS PKWY. FROM THE LW LIVE-WORK DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT, NO. 020535-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): 5711, LLC – Brady Hyde A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Ordinance No. 07-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED EAST OF I-29 AND SOUTH OF W. 12TH ST. FROM THE I-1 LIGHT INDUSTRIAL DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 020540-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-1). Private Applicant(s): BRD Sioux Falls, LLP – Riley McLaughlin A motion was made by Council Member Cole and seconded by Council Member Spellerberg to adopt Ordinance No. 08-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 48. Deferred from the meeting of 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 A motion was made by Council Member Spellerberg and seconded by Council Member Cole to adopt Resolution No. 10-25. A motion was made by Council Member Merkouris and seconded by Council Member Barranco to amend by replacing "five (5)" with "seven (7)" in Section 4. Roll call vote to amend. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 10-25 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. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to grade, gravel, construct curb and gutter, asphalt surfacing, sanitary sewer, storm sewer, water main and streetlights in accordance with specifications prepared by the Office of the City Engineer and on file in the Office of the City Engineer on the following streets in the City of Sioux Falls, SD, fronting or abutting upon the following described property to be assessed: E. Grant Street from S. Detroit Avenue to 650' +/- East The Southwest Quarter (SW1/4) of Block 44 of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, according to the plat thereof; Lot 1 in Block 44 of Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota; Lot One (1) in Block Forty-Five (45) of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof, together with the East Half (E1/2) of Vacated Lasalle Avenue lying adjacent thereto; Lot Three (3) in Block Forty-Five (45) of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, according to the plat thereof; Block 52 of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, together with the E1/2 of Vacated Lasalle Avenue and the W1/2 of Vacated Marquette Avenue lying adjacent thereto, except Tract B of Block 52 in Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota; Block 53 of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, together with the E1/2 of Vacated Detroit Avenue and the W1/2 of Vacated Lasalle Avenue lying adjacent thereto, except Tract A of Block 53 in Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota; Section 2. The cost and expense of the improvements shall be levied by special assessment upon the above-described property in accordance with Section 96.034 of the Code of Ordinances of Sioux Falls, SD, and SDCL Chapter 9-43. Subject to exceptions described in City ordinance, the improvements shall be assessed upon the above-described property abutting upon the same in proportion to the number of front feet fronting or abutting, as provided by law. Section 3. Notice. The City may waive or reduce special assessments levied against owner-occupied single-family dwellings where the head of the household is 65 years of age or older or is disabled or where the annual household income is less than $10,000. In order to qualify and be eligible for the waiving or reduction of such special assessments, you must make application on forms provided at the City of Sioux Falls Community Development, Carnegie Town Hall, 235 W. 10th St., or call 367-7125, prior to the date of the ‘Final Levy of the Assessment Roll’ before the Sioux Falls City Council. Failure to make proper written application prior to this date will disqualify you from being eligible for waiving or reduction of the special assessment. Section 4. The assessment may be paid in seven (7) equal annual installments. If not paid within 30 days after the assessment roll has been filed in the City Accounting Office, the assessment or any installment shall be collected with interest in accordance with the procedure provided by SDCL 9-43-89. Interest on the assessment or installment will be charged and collected in accordance with law. The rate to be charged will be set by the City Council in the year of assessment. Section 5. The estimated cost of the above-named improvements is $101.00 per front foot. Based on the number of feet fronting or abutting Grant Street. The estimated cost for each parcel is as follows: The Southwest Quarter (SW1/4) of Block 44 of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, according to the plat thereof; $20,536.27 Lot 1 in Block 44 of Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota; $25,619.96 Lot One (1) in Block Forty-Five (45) of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, according to the recorded plat thereof, together with the East Half (E1/2) of Vacated Lasalle Avenue lying adjacent thereto; $25,681.96 Lot Three (3) in Block Forty-Five (45) of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, according to the plat thereof; $25,387.48 Block 52 of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, together with the E1/2 of Vacated Lasalle Avenue and the W1/2 of Vacated Marquette Avenue lying adjacent thereto, except Tract B of Block 52 in Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota; $51,580.91 Block 53 of Capitol Hill Addition to Sioux Falls, Minnehaha County, South Dakota, together with the E1/2 of Vacated Detroit Avenue and the W1/2 of Vacated Lasalle Avenue lying adjacent thereto, except Tract A of Block 53 in  Capitol Hill Addition to the City of Sioux Falls, Minnehaha County, South Dakota; $51,193.43 Section 6. The assessment will be levied on the above-described property pursuant to Section 96.034 of the Code of Ordinances of Sioux Falls, SD. Date adopted: 02/03/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 49. A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM TIERS 2 AND 3 TO TIER 1 AND AMENDING THE FUTURE LAND MAP TO ASSIGN A FUTURE LAND USE OF FUTURE RESIDENTIAL AND FUTURE INDUSTRIAL AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED EAST OF 476TH AVE. AND SOUTH OF SLIP UP CREEK RD., NO. FLUA-020342- 2024. The Planning Commission recommends approval (5-0). Private Applicant(s): Van Buskirk Companies – Brian Jackson A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Resolution No. 07-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 07-25 A RESOLUTION AMENDING THE DEVELOPMENT AREAS MAP FROM TIERS 2 AND 3 TO TIER 1 AND AMENDING THE FUTURE LAND MAP TO ASSIGN A FUTURE LAND USE OF FUTURE RESIDENTIAL AND FUTURE INDUSTRIAL AS A PART OF THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN LOCATED EAST OF 476TH AVE. AND SOUTH OF SLIP UP CREEK RD., NO. FLUA-020342- 2024. WHEREAS, there has been presented to the Planning Commission an application for a development area change to the Shape Sioux Falls 2040 Comprehensive Plan. WHEREAS, it has been determined that the following criteria have been met: 1. The proposed amendment is consistent with the goals, policies, and overall intent of the text within the comprehensive plan; 2. The proposed amendment is warranted by changed conditions within the neighborhood surrounding and including the subject property; 3. The proposed amendment achieves an arrangement of activities that promote harmonious interaction and minimizes land use conflicts surrounding the subject property;  4. The proposed amendment would not adversely affect the environment, historic resources, natural resources, urban services, public facilities, and transportation system; 5. The proposed amendment is warranted by an approved engineering analysis; 6. The proposed amendment would result in a logical and orderly development pattern; 7. The proposed amendment does not adversely affect any other part of the city, or create any direct or indirect adverse effects; and 8. The proposed amendment does not create an undue impact on surrounding neighborhoods; whereas proposed developments should be consistent with the physical characteristics of the surrounding neighborhoods or improve their living environment and quality of life. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following described property is hereby amended from Tiers 2 and 3 to Tier 1 regarding the Development Areas Map and are assigned as Future Residential and Future Industrial regarding the Future Land Use Map of the Shape Sioux Falls 2040 Comprehensive Plan of Sioux Falls, SD. A Portion of Sections 23, 26, and 27-T102N-R49W, As Shown by Exhibit, Minnehaha County, SD Date adopted: 02/03/25 . 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) 50. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: December 31, 2024. NEW BUSINESS GENERAL PUBLIC INPUT There was public comment given on the recent City press conference, the Bishop Dudley House, Tzadik Properties tenants and maintenance, the Delbridge Collection and its gifting/surplus, keeping the Brockhouse Museum, and Tzadik tenants having ways to contact Tzadik maintenance. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Sigette to adjourn the meeting at 7:07 p.m. Voice vote to adjourn. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk