City Council Meeting

MINUTES City Council Meeting Tuesday, February 18, 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 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, Council Member Sarah Cole, Mayor Paul TenHaken Absent: None 2. INVOCATION • Pastor Kirk Flaa, Abiding Savior Free Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Merkouris to place the following two items from the Consent Agenda onto the Regular Agenda for Council discussion: Agenda Item 6, Sub-Item 9; Contract 24-0069; and Agenda Item 6, Sub-Item 14, Contract 25- 4041. A motion was made by Council Member Soehl and seconded by Council Member Cole to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, February 11, 2025 • City Council Meeting of Tuesday, February 11, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated February 14, 2025. A motion was made by Council Member Merkouris and seconded by Council Member Cole to approve Item 6, Sub-Item 9; 24-0069; Housing; Affordable Housing Website Navigation Hub Agreement; Omnitech, Inc; $118,080. and Item 6, Sub-Item 14; 25- 3051, Police; Emergency Shelter Services Agreement; Children’s Home Shelter for Family Safety; $420,000. Roll call vote to approve. 7 Yes: Merkouris, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Sigette was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Ben Tiensvold and Justin May to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on May 2, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Wade Gemar to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on May 3, 2025. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Shawn and Tammi Wittry to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on May 16, 2025. APPLICATIONS 10. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for sporting events on February 21, 22, and March 1, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #26193, for 2024 property taxes in the amount of $1,090.62. Reason: Assessment Freeze for the Elderly and Disabled. 12. Parcel #27015, for 2024 property taxes in the amount of $628.78. Reason: Assessment Freeze for the Elderly and Disabled. 13. Parcel #46721, for 2024 property taxes in the amount of $1,093.42. Reason: Assessment Freeze for the Elderly and Disabled. 14. Parcel #77816, for 2024 property taxes in the amount of $1,636.52. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #78540, for 2024 property taxes in the amount of $1,636.14. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #92881, for 2024 property taxes in the amount of $1,643.39. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 17. Parcel #51666, for 2024 property taxes in the amount of $1,965.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, March 4, 2025. New 2024-25 Retail Malt Beverage License for El Mexicano 7 Inc., 1025 South Cleveland Avenue. 19. Set a date of hearing for Tuesday, March 4, 2025. New 2025 Retail Wine License for Envy Nails & Spa, 4212 West Empire Place. 20. Set a date of hearing for Tuesday, March 4, 2025. New 2025 Retail Wine License for Posh Nail Bar & Spa, 7750 South Dakota Hawk Avenue. 21. Set a date of hearing for Tuesday, March 4, 2025. Transfer of 2024-25 Retail Malt Beverage License, including video lottery placement, from MG Oil Company, 4701 East Arrowhead Parkway, to Second Session LLC, 319 South Whitewood Circle. 22. Set a date of hearing for Tuesday, March 4, 2025. Special One-Day Malt Beverage License for Presentation Sisters to be operated at 305 East Falls Park Drive, for a fundraiser on May 10, 2025. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Cole to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Cole to amend by moving Item 36 after Item 31. Roll call vote to amend. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Pulled Sub-Items 9 and 14 (From Item 6) were heard at this time. See items for action taken. UNFINISHED BUSINESS 24. 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. 25. Special One-Day Malt Beverage License for St. Michael Parish, 1600 South Marion Road, for fellowship on February 22, 2025. 26. 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. 27. 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. 28. 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. A motion was made by Council Member Basye and seconded by Council Member Spellerberg to approve Items 24 through 28. Roll call vote to approve. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 29. 2nd Reading: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND ST. JOSEPH CATHOLIC HOUSING INC., 523 N. DULUTH AVE., SIOUX FALLS, SD 57104. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Basye to defer this item to the City Council Meeting on Tuesday, March 4, 2025. Roll call vote to defer. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. 30. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES, SECTION 41.005 FEES FOR PARKING. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Sigette to adopt Ordinance No. 10-25. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. 31. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to adopt Ordinance No. 9-25. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. Item 36 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 60TH ST. N. AND EAST OF I-229 FROM THE I- 1 LIGHT INDUSTRIAL DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 020674-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic A motion was made by Council Member Thomason and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, March 4, 2025 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 33RD ST. AND WEST OF VETERANS PKWY. FROM RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS TO THE CN CONSERVATION DISTRICT, NO. 020488-2024, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (7-0). 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, March 4, 2025 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CERTAIN PROPERTY FROM THE PD MAPLETON GOLF PLANNED DEVELOPMENT DISTRICT TO THE A-1 AGRICULTURAL DISTRICT. Sponsor: Mayor Mayor  A motion was made by Council Member Barranco and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, February 25, 2025 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 35. A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Sigette to adopt Resolution No. 14-25. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 14-25 A RESOLUTION REMOVING UNCOLLECTIBLE, DELINQUENT ACCOUNTS FROM THE RECORDS. WHEREAS, the City has attempted by reasonable means to collect the outstanding accounts receivable on the below-listed accounts; and WHEREAS, the City considers the accounts outstanding for more than one year to be “uncollectible” for purposes of disclosing on the financial statements of the City; and WHEREAS, the City may continue efforts to collect such “uncollectible” debt; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it hereby authorizes the removal of the following accounts as uncollectible and authorizes the disclosure of the same on the annual financial reports: Customer Department Customer Name Reason Amount No. 3624 Fleet Jyles Seam Michalek Judgment obtained by $15,965.95 CAO 4010 Highways Steven Michael Restitution Awarded $5,250.62 and Streets Peshlakai 3655 Lights Destiny Rose Restitution Awarded $11,869.83 Matthews 4267 Lights Deangelo Prue Restitution Awarded $6,378.86 2215 Parks Ashton White Oleson Restitution Awarded $11,674.00  281 Water TPT Speed Connect Out of Business. Write $24,000.00 off per CAO. Date adopted: 2/18/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 36. A RESOLUTION AMENDING THE 2025–2029 CAPITAL PROGRAM. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Basye to adopt Resolution No. 15-25. Roll call vote to adopt. 8 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye, Cole; 0 No: (None). Motion Passed. RESOLUTION NO. 15-25 RESOLUTION AMENDING THE 2025–2029 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2025–2029 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvement Program Project No. 14009, Aquatics and Ice Rink Development, by increasing the amount of funding for design and construction of the McKennan Park pool by $2,500,000 in 2025. The additional funding will require an increase in appropriations that will be funded by a donation through the Sioux Falls Area Community Foundation. Planning and Development Services Amend the Other Capital Expenditures Program to install a privacy fence on City leased property in 2025. The estimated cost is $70,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund due to the reduction of debt service appropriation for the new aquatics and recreation bond. Police Amend the Other Capital Expenditures Program by adding vehicle barriers in 2025. The estimated cost is $315,000 and will require an increase in appropriations that will be funded from the Sales/Use Tax Fund due to the reduction of debt service appropriation for the new aquatics and recreation bond. Amend the Other Capital Expenditures Program by adding police investigative and training equipment in 2025. The estimated cost is $66,000 and will require an increase in appropriations that will be funded with a JAG grant. Entertainment Venues—Sioux Falls Stadium Amend the Other Capital Expenditures Program by adding a utility vehicle in 2025. The estimated cost is $20,000 and will not require an increase in appropriations as it will be funded from savings in Capital Improvements Program Project No. 13013, Sioux Falls Stadium Improvements. Amend the Other Capital Expenditures Program by adding security cameras in 2025. The estimated cost is $18,000 and will not require an increase in appropriations as it will be funded from savings in Capital Improvements Program Project No. 13013, Sioux Falls Stadium Improvements. Transit Amend the Other Capital Expenditures Program by adding a vehicle lift in 2025. The estimated cost is $65,000 and will require an increase in appropriations that will be funded from the Transit Fund available fund balance. Date adopted: 2/18/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Public comment was given on the following items: the relocation of the Delbridge Museum animals and artifacts; a bill in Pierre for an extra penny sales tax for Sioux Falls; the Pettigrew neighborhood; and calls for service on rental and service properties. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Basye to adjourn the meeting at 7:47 p.m. Voice vote to adjourn. 6 Yes: Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk