City Council Meeting

MINUTES City Council Meeting Tuesday, April 15, 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 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, Council Member David Barranco, Mayor Paul TenHaken Absent: None 2. INVOCATION • Joy Christensen, Direct Line Prayer Partner 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Councilor Soehl to place from Consent Agenda Item 6, Sub- Section 8: Parks & Recreation; Agreement for the Valuation of Available Recreation Assets for Fundraising Opportunities; 25-4113; Maximizing Excellence, LLC; $160,000 to the Regular Agenda for discussion purposes. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, April 8, 2025 • City Council Meeting of Tuesday, April 8, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated April 11, 2025. A motion was made by Council Member Spellerberg and seconded by Council Member Sigette to approve Sub-Section 8: Parks & Recreation; Agreement for the Valuation of Available Recreation Assets for Fundraising Opportunities; 25-4113; Maximizing Excellence, LLC; $160,000. Roll call vote to approve. 5 Yes: Merkouris, Sigette, Spellerberg, Thomason, Barranco; 3 No: Basye, Cole, Soehl. Motion Passed. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Nicole Carlson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on July 26, 2025. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 S Summit Avenue, for events on April 15, 18, 19, 24, 25, 26, 27, 30 and May 1, 2 & 3, 2025. 9. Special One-Day Liquor License for T Slat Inc., to be operated at Startup Sioux Falls, 100 East 6th Street, for an event on April 29, 2025. 10. Special One Day Liquor License for T Slat Inc., to be operated at JJ’s Axes & Ales, 3016 West 57th Street, for a tournament on April 26, 2025. 11. Special One-Day Liquor License for T Slat Inc., to be operated at Mary Jo Wegner Arboretum, 1900 South Perry Place, for an event on April 25, 2025. 12. Special One-Day Liquor License for SC Dining Services to be operated at 3118 South Carolyn Avenue parking lot, for a beanbag tournament on May 10, 2025. 13. Special One-Day Wine License and Special One-Day Off-Sale Wine License for GBS LLC to be operated at Fernson’s Downtown patio, 332 South Phillips Avenue, for an event on June 1, 2025. 14. Various Retail Malt Beverage renewals for 2025-2026 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit A. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 15. Parcel #35358, for 2024 property taxes in the amount of $1,965.63. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #29235, for 2024 property taxes in the amount of $1,261.73. Reason: Assessment Freeze for the Elderly and Disabled. 17. Parcel #48241, for 2024 property taxes in the amount of $395.07. Reason: Assessment Freeze for the Elderly and Disabled. 18. Parcel #49330, for 2024 property taxes in the amount of $1,239.47. Reason: Assessment Freeze for the Elderly and Disabled. 19. Parcel #35358, for 2023 property taxes in the amount of $172.92. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 20. Set a date of hearing for Tuesday, May 6, 2025. New 2025 Retail Wine License and New 2024-25 Retail Malt Beverage License for Woodgrain Brewing Company LLC, 5200 East Grant Street. 21. Set a date of hearing for Tuesday, May 6, 2025. Transfer of 2025 Retail Liquor License from McNally’s Irish Pub LLC, 6211 Old Village Place, to Southside Partners LLC, 6211 Old Village Place. 22. Set a date of hearing for Tuesday, May 6, 2025. Special One-Day Malt Beverage License for Presentation Sisters to be operated at 515 North Main Avenue, for an event on May 10, 2025. 23. Set a date of hearing for Tuesday, May 6, 2025. Special One-Day Liquor License for the Zoological Society to be operated at 805 South Kiwanis Avenue, for a fundraiser on June 26, 2025. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Basye to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Agenda Item 6, Sub-Item 8, was heard at this time. See item for action taken. UNFINISHED BUSINESS 25. New 2025-26 Retail Malt Beverage License for Envy Nails & Spa, 4212 West Empire Place. 26. Transfer of 2025 Package Liquor License from Hangover Liquor & Smoke Mart, 4703 East Arrowhead Parkway, to Liquor Falls, 1714 South Western Avenue. 27. Special One-Day Wine Licenses for Downtown Sioux Falls Inc., to be operated at MK Threads, 222 South Phillips Avenue; Friends of SDPB, 300 North Dakota Avenue, Suite 104; Intoxibakes, 701 North Phillips Avenue; JH & Sons, 216 South Phillips Avenue; Studio 20/20, 311 South Phillips Avenue, Suite 100; Alcove, 151 East 4th Place, Suite 180; Mint & Basil, 207 South Phillips Avenue; Premier Playhouse, 315 North Phillips Avenue; Great Outdoor Store, 201 East 10th Street; Home Porch Gifts, 217 South Phillips Avenue; Serendipity Studio, 230 South Phillips Avenue, Suite 204; Spice & Tea Exchange, 328 South Phillips Avenue; Lauriebelles, 206 South Phillips Avenue; Bechtold Jewelry, 325 South Phillips Avenue; Envive Chiropractic, 412 South 1st Avenue; Rehfeld’s Modern 431 North Phillips Avenue; Say Anything Jewelry, 225 South Phillips Avenue; Simply Perfect, 401 East 8th Street, Suite 108; JLG Architects, 323 South Main Avenue; Sticks & Steel, 401 East 8th Street, Suite 118; Canopy by Hilton, 120 East 4th Place; Matchbox Candle Co., 124 South Phillips Avenue; 8th & Railroad Center, 401 East 8th Street, Suite 200A; Hotel on Phillips, 100 North Phillips Avenue; El’s Gallery, 330 South Phillips Avenue; Rose & Eugene Presents, 701 North Phillips Avenue, Suite 135; Midnight Spark, 218 West 13th Street, Suite 109; Klein’s Office, 100 South Dakota Avenue; The One2 Apartments, 205 East 12th Street; Terra Shepherd Boutique, 218 South Phillips Avenue; Pasque Boutique, 151 East 4th Place, Suite 170; for an Art & Wine Walk on May 2, 2025. A motion was made by Council Member Basye and seconded by Council Member Barranco to approve Items 25 through 27. Roll call vote to approve. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 28. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING REGULATIONS, SUBCHAPTERS: A-1 AGRICULTURAL DISTRICT, RR RURAL RESIDENTIAL DISTRICT, RS-1 RESIDENTIAL DISTRICT, RS-2 RESIDENTIAL DISTRICT, RD RESIDENTIAL DISTRICT, RA-1 RESIDENTIAL DISTRICT, RC RECREATION/CONSERVATION DISTRICT, ADDITIONAL USE REGULATIONS, AND DEFINITIONS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, April 22, 2025 for Item 28. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE AMENDING THE 2002 REVISED JOINT ZONING ORDINANCE FOR MINNEHAHA COUNTY AND THE CITY OF SIOUX FALLS BY AMENDING CHAPTER 159: COMPREHENSIVE EXTRATERRITORIAL ZONING  REGULATIONS, SUBCHAPTERS: A-1 AGRICULTURAL DISTRICT AND RC RECREATION/CONSERVATION DISTRICT Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, April 22, 2025 for Item 29. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, May 6, 2025 for Item 30. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND WR HOSPITALITY, LLC, 3211 WEST SENCORE DRIVE, SIOUX FALLS, SD 57107. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, May 6, 2025 for Item 31. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MAPLE ST. AND EAST OF N. LA MESA DR. FROM THE CN CONSERVATION AND RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICTS TO THE CN CONSERVATION AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 020845-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): JSA Consulting Engineers/Land Surveyors Inc. – Patrick Schwebach A motion was made by Council Member Merkouris and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, May 6, 2025 for Item 32.  Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 10TH ST. AND EAST OF S. SIX MILE RD. FROM THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, AND RA 1 APARTMENT RESIDENTIAL—LOW DENSITY DISTRICTS TO THE CN CONSERVATION AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO. 020872-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Allen Homes – Douglas Allen A motion was made by Council Member Thomason and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, May 6, 2025 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST OF VETERANS PKWY. FROM THE PO PUD PEDESTRIAN-ORIENTED PUD TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL, AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 020874- 2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Private Applicant(s): River Ridge, LLC – Brady Hyde A motion was made by Council Member Barranco and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, May 6, 2025 for Item 34. Roll call vote to set a date of 2nd Reading. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 35. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 020804-2025—Mapleton Highlands. Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Thomason to defer this item to the City Council Meeting on Tuesday, May 6, 2025. A substitute motion was made by Council Member Merkouris and seconded by Council Member Thomason to adopt Resolution No. 23-25. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed.  RESOLUTION NO. 23-25 ANNEXATION 020804-2025—Mapleton Highlands 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 in regard to 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 476th Avenue and E. 72nd Street N. 4. City water is adjacent to these properties. 5. Sanitary sewer service will be provided with a developer installed temporary pump station, pursuant to development agreement. Service for that portion of described property adjacent to 476th Avenue, south of East 72nd Street, and west of drainage channel may be impeded or delayed by state, federal, or local permit approval of work in drainage channel. 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, Minnehaha County, and the boundary of the city is hereby extended to include such territory: The South 1/2 of the SW 1/4 (excluding Lots H-1 and H-2) of Section 23, Township 102 North, Range 49 West; Lots H-1 and H-2 in the South 1/2 of the SW 1/4 of Section 23, Township 102 North, Range 49 West; The North 1/2 of the NW 1/4 of Section 26, Township 102 North, Range 49 West; A portion of the North 1/2 of the NE 1/4 of Section 26, Township 102 North, Range 49 West as described by exhibit; A portion of the NE 1/4 of Section 27, Township 102 North, Range 49 West as described by exhibit;  Including adjacent 476th Avenue and Slip Up Creek Road rights-of-way adjacent thereto; all in Minnehaha County, South Dakota. And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 04/15/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 36. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Basye to adopt Resolution No. 24-25. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 24-25 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 Richie Hutchinson Active Transportation Board Reappointed for a term from April 2025 to April 2028. Jacqueline Palfy Active Transportation Board Reappointed for a term from April 2025 to April 2028. Lorie Hogstad Board of Ethics Appointed for a term from April 2025 to April 2029. Glen A. Severson Board of Ethics Reappointed for a term from March 2025 to March 2029. Catherine Dekkenga Charter Revision Commission Reappointed for a term from August 2025 to August 2029. Aaron Goldstine Property Maintenance Board of Reappointed for a term from April Appeals 2025 to April 2028. Ryan Knutson Property Maintenance Board of Reappointed for a term from April Appeals 2025 to April 2028. Brian Majerus Property Maintenance Board of Reappointed for a term from April Appeals 2025 to April 2028. Date 04/15/25 . adopted: 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) 37. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: March 31, 2025. 38. Audit Committee: 25-01 Credit Card Processing Report NEW BUSINESS GENERAL PUBLIC INPUT Public input was given on Tzadik Properties, requests for updates regarding the disappearance of Tyler Weathersby, drug activity in Sioux Falls, a personal biography, and the sharing of family photographs. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Merkouris to adjourn the meeting at 7:24 p.m. Roll call vote to adjourn. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk