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City Council Meeting

Regular Meeting

Sioux Falls, SD · March 18, 2025

AgendaMinutesVideo Recording

Minutes

MINUTES City Council Meeting Tuesday, March 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 David Barranco, 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: Council Member Miranda Basye 2. INVOCATION • Reverend Brian Heron, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. 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. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, March 11, 2025 • City Council Meeting of Tuesday, March 11, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated March 14, 2025. 7. Approval of surplus property disposition on the memorandum dated February 26, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Ellie Fowler to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on April 26, 2025. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Katherine Swanson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on June 28, 2025. APPLICATIONS 10. Special One-Day Liquor License for Prohibition Pub LLC to be operated at The Social 301 South Thompson Avenue, for an event on April 18, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #42666, for 2023 property taxes in the amount of $172.93. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #55516, for 2020 property taxes in the amount of $1,403.82. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 13. Parcel #55516, for 2021 property taxes in the amount of $1,506.32. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 14. Parcel #55516, for 2022 property taxes in the amount of $1,975.32. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 15. Parcel #55516, for 2023 property taxes in the amount of $1,914.00. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 16. Parcel #55516, for 2024 property taxes in the amount of $1,737.82. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, April 1, 2025. New 2025 Retail Wine License and New 2025-26 Retail Malt Beverage License for The Nail Boutique LLC, 4411 East 57th Street. 18. Set a date of hearing for Tuesday, April 1, 2025. New 2025 Retail Wine License for Circle K, 3700 North Potsdam Avenue. 19. Set a date of hearing for Tuesday, April 1, 2025. Special One-Day Liquor License for Sioux Falls Area Community Foundation to be operated at 150 East Fourth Place, Suite 900, for a fundraiser on May 8, 2025. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 21. New 2025 Retail Wine License for Phil’s Corner, 106 South Indiana Avenue. 22. New 2025 Retail Wine License for New Tokyo Cuisine, 4825 South Louise Avenue. 23. Transfer of 2025 Retail Liquor License from Ode to Food & Drinks, 300 Cherapa Place, Suite 102, to Ode to Food & Drinks, 200 East 8th Street. 24. Transfer of 2024-25 Retail Malt Beverage License and 2025 Retail Wine License from Falls Landing, 200 East 8th Street, to Ode to Food & Drinks, 200 East 8th Street. A motion was made by Council Member Soehl and seconded by Council Member Barranco to approve Items 21 through 24. Roll call vote to approve. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF S. SIX MILE RD. FROM RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 020731-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Signature Companies, LLC – David Jibben A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, April 1, 2025 for Item 25. Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 26. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Barranco to adopt Resolution No. 18-25. Roll call vote to adopt. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 18-25 A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. WHEREAS, pursuant to SDCL 9-12-5.2, if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease; and WHEREAS, the City contemplates leasing municipally owned real property, described in this Resolution and Notice of Hearing referenced below; and WHEREAS, Notice of Hearing on this Resolution of Intent was published in the official newspaper of the city of Sioux Falls once at least ten (10) days prior to the hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS: That the City Council hereby expresses its intent to lease municipally owned real property described as follows: A portion of Block 11 of the original plat of the City of Sioux Falls, all in Minnehaha County, South Dakota for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value. Date adopted: 03/18/25 . 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 Merkouris and seconded by Council Member Barranco to adopt Resolution No. 19-25. Roll call vote to adopt. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 19-25 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 Annie Mello Board of Health Appointed for a term from March 2025 to March 2028 (replacing Liz Wheeler). Cindy Neuroth Solid Waste Planning Board Appointed for a term from March 2025 to March 2028. Jordan Ahrendt Infrastructure Review Advisory Appointed for a term from March Board 2025 to March 2028 (Contractors Association). Date adopted: 03/18/25 Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 28. A RESOLUTION VACATING A PORTION OF THE 66-FOOT STATUTORY RIGHT-OF- WAY, LOCATED INSIDE THE ABANDONED ILLINOIS CENTRAL RAILROAD RIGHT- OF-WAY, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF S. GORDON DRIVE, ON THE SOUTH & EAST BY E. ARROWHEAD PARKWAY AND ON THE NORTH BY VACATED E. 10TH STREET & TRACT 2 BLOCK 62A CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA IN THE SE1/4 SW1/4 SEC 13-T101N-R49W & THE NE1/4 NW1/4 SEC 24- T101N-R49W OF THE 5TH P.M. MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, April 8, 2025. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Spellerberg to set a date of hearing for Tuesday, April 8, 2025 for Item 28. Roll call vote to set a date of hearing. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 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) 29. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 28, 2025. NEW BUSINESS GENERAL PUBLIC INPUT Public input was given on apartments and housing, tenants, being part of the community, respect, helping animals, thanking the Mayor for his service, financial transparency, accountability, recommendations for the 2026 budget, Tzadik Properties, and the Bishop Dudley Hospitality House and emergency calls. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Sigette to adjourn the meeting at 6:24 p.m. Voice vote to adjourn. 7 Yes: Barranco, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk

Agenda

AGENDA City Council Meeting Tuesday, March 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 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 Council Member Curt Soehl Mayor Paul TenHaken 2. INVOCATION • Reverend Brian Heron, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, March 11, 2025 • City Council Meeting of Tuesday, March 11, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated March 14, 2025. 7. Approval of surplus property disposition on the memorandum dated February 26, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Ellie Fowler to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on April 26, 2025. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Katherine Swanson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on June 28, 2025. APPLICATIONS 10. Special One-Day Liquor License for Prohibition Pub LLC to be operated at The Social 301 South Thompson Avenue, for an event on April 18, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #42666, for 2023 property taxes in the amount of $172.93. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #55516, for 2020 property taxes in the amount of $1,403.82. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 13. Parcel #55516, for 2021 property taxes in the amount of $1,506.32. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 14. Parcel #55516, for 2022 property taxes in the amount of $1,975.32. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 15. Parcel #55516, for 2023 property taxes in the amount of $1,914.00. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. 16. Parcel #55516, for 2024 property taxes in the amount of $1,737.82. Reason: Improvements on any real property were considered or included in the valuation of the real property, which did not exist on the real property at the time fixed by law for making the assessment. NOTICE OF HEARINGS 17. Set a date of hearing for Tuesday, April 1, 2025. New 2025 Retail Wine License and New 2025-26 Retail Malt Beverage License for The Nail Boutique LLC, 4411 East 57th Street. 18. Set a date of hearing for Tuesday, April 1, 2025. New 2025 Retail Wine License for Circle K, 3700 North Potsdam Avenue. 19. Set a date of hearing for Tuesday, April 1, 2025. Special One-Day Liquor License for Sioux Falls Area Community Foundation to be operated at 150 East Fourth Place, Suite 900, for a fundraiser on May 8, 2025. REGULAR AGENDA 20. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 21. New 2025 Retail Wine License for Phil’s Corner, 106 South Indiana Avenue. 22. New 2025 Retail Wine License for New Tokyo Cuisine, 4825 South Louise Avenue. 23. Transfer of 2025 Retail Liquor License from Ode to Food & Drinks, 300 Cherapa Place, Suite 102, to Ode to Food & Drinks, 200 East 8th Street. 24. Transfer of 2024-25 Retail Malt Beverage License and 2025 Retail Wine License from Falls Landing, 200 East 8th Street, to Ode to Food & Drinks, 200 East 8th Street. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 26TH ST. AND WEST OF S. SIX MILE RD. FROM RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—MODERATE DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO THE RA-1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICT, NO. 020731-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Recommendation: Set a date of 2nd Reading for Tuesday, April 1, 2025. Private Applicant(s): Signature Companies, LLC – David Jibben Background & Objective: The purpose of this rezoning is to assign a single zoning district to the property to allow low-density multi-family residential development. HEARINGS AND RESOLUTIONS 26. A RESOLUTION OF INTENT TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY. Sponsor: Mayor Background & Objective: Pursuant to SDCL 9-12-5.2 if the governing body decides to lease any municipally owned property for a term exceeding one hundred twenty (120) days and for an amount exceeding five hundred dollars ($500) annual value to any private person, it shall adopt a Resolution of Intent to enter into such a lease. This resolution concerns the property that is leased by The Diner, which is located at the city parking lot on S. Phillips Ave. and E. 10th St. 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: Board of Health, Solid Waste Planning Board and Infrastructure Review Advisory Board. NOTICE OF HEARINGS FOR STREET VACATIONS 28. A RESOLUTION VACATING A PORTION OF THE 66-FOOT STATUTORY RIGHT-OF- WAY, LOCATED INSIDE THE ABANDONED ILLINOIS CENTRAL RAILROAD RIGHT- OF-WAY, BOUNDED ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF S. GORDON DRIVE, ON THE SOUTH & EAST BY E. ARROWHEAD PARKWAY AND ON THE NORTH BY VACATED E. 10TH STREET & TRACT 2 BLOCK 62A CAPITOL HILL ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA IN THE SE1/4 SW1/4 SEC 13-T101N-R49W & THE NE1/4 NW1/4 SEC 24- T101N-R49W OF THE 5TH P.M. MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, April 8, 2025. Private Applicant(s): F & K Assam Family, LLC Background & Objective: The applicant has requested the vacation of this statutory right-of-way in order to develop the surrounding property. By approving this resolution, the statutory right-of-way would be vacated. 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) 29. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: February 28, 2025. 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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