City Council Meeting

MINUTES Regular City Council Meeting Tuesday, May 6, 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 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, Council Member Miranda Basye, Mayor Paul TenHaken Absent: None 2. INVOCATION • Interim Pastor Brett Best, Emmanuel Baptist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A request was made by Council Member Sigette to pull from Item 19, Page 5 on Exhibit B: La Carreta LLC, 2309 W. Madison St., and move to the Regular Agenda for separate discussion and consideration. A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, April 15, 2025 • City Council Meeting of Tuesday, April 15, 2025 • Informational Meeting of Tuesday, April 22, 2025  • Joint City Council / Minnehaha County Commission Meeting of Tuesday, April 22, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated May 2, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Bread Break to consume, but not sell, alcoholic beverages at a Chamber YPN " Off the Clock” gathering at 5001 E. Madison Avenue, on May 15, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Lauren Lavin and Seth Wimmer to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on May 31, 2025. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Marissa Hugen and Dylan From to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on June 21, 2025. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Angelique Glancy to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August 2, 2025. APPLICATIONS 11. Special One-Day Liquor Licenses for T Slat Inc, to be operated at 2001 South Summit Avenue, for events on May 7, 8, 9, 10, 15, 16, & 17, 2025. 12. Special One-Day Liquor License for T Slat Inc., to be operated at 6200 South Cliff Avenue, for an event on May 15, 2025. 13. Special One-Day Liquor Licenses for Great Bear Recreation Park Inc., 5901 East Rice Street, for events on May 17, 23, 31, June 7, 21, July 25, September 6, 13, 27 and October 18, 2025. 14. Special One-Day Liquor Licenses for Prohibition Pub LLC, to be operated at 301 South Thompson Avenue, for events on May 24, 25 and 31, 2025. 15. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Friends of the Big Sioux to be operated at 201 East 10th Street, on May 10, 2025. 16. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Interstate House of Pancakes Inc., to be operated at 200 West 6th Street, for an event on May 22, 2025. 17. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Stockyards Ag Experience Barn, 301 East Falls Park Drive, for an event on June 24, 2025. 18. Special One-Day Liquor License for Interstate House of Pancakes Inc., to be operated at 200 West 6th Street, for an event on October 11, 2025. 19. Various Retail Malt Beverage renewals for 2025-2026 to be operated at locations in the City of Sioux Falls, SD, identified as Exhibit B. A motion was made by Council Member Spellerberg and seconded by Council Member Sigette to approve pulled item from Page 5 on Exhibit B, La Carreta LLC, 2309 W. Madison Street. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 20. Parcel #40612, for 2024 property taxes in the amount of $1,807.04. Reason: Assessment Freeze for the Elderly and Disabled. 21. Parcel #40075, for 2024 property taxes in the amount of $1,096.20. Reason: Assessment Freeze for the Elderly and Disabled. 22. Parcel #26942, for 2024 property taxes in the amount of $327.61. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #54076, for 2024 property taxes in the amount of $708.58. Reason: The property is exempt from the tax. 24. Parcel #91090, for 2023 property taxes in the amount of $492.62. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 25. Parcel #91090, for 2024 property taxes in the amount of $831.90. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 26. Parcel #67214, for 2024 property taxes in the amount of $751.19. Reason: Assessment Freeze for the Elderly and Disabled. 27. Parcel #32883, for 2024 property taxes in the amount of $564.80. Reason: Assessment Freeze for the Elderly and Disabled. 28. Parcel #44950, for 2024 property taxes in the amount of $1,523.27. Reason: Assessment Freeze for the Elderly and Disabled. 29. Parcel #86581, for 2024 property taxes in the amount of $368.87. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 30. Set a date of hearing for Tuesday, May 20, 2025. New 2025 Retail Wine License and New 2025-26 Retail Malt Beverage License for Simon’s Tacos, 2401 East 10th Street. 31. Set a date of hearing for Tuesday, May 20, 2025. New 2025 Retail Wine License for Envy Nails & Spa, 611 South Highline Place. 32. Set a date of hearing for Tuesday, May 20, 2025. New 2025-26 Retail Malt Beverage License, off-sale use only, for Common Sense, 3505 West 49th Street. 33. Set a date of hearing for Tuesday, May 20, 2025. New 2025-26 Retail Malt Beverage License, off-sale use only, for Tienda El Quetzal Carniceria Y Supermercado LLC, 112 South Van Eps Avenue. 34. Set a date of hearing for Tuesday, May 20, 2025. Transfer of 2025-26 Retail Malt Beverage License, including video lottery placement, from Quan Holdings LLC2, 2417 East 10th Street, Suite B, to Quan Holdings Inc., 2417 East 10th Street, Suite B. REGULAR AGENDA 35. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Sigette to approve the Regular Agenda. A motion was made by Council Member Soehl and seconded by Council Member Merkouris to amend the Regular Agenda by moving Item 46 after Item 44. Roll call vote to amend. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Item 19, Page 5 on Exhibit B: La Carreta LLC, 2309 W. Madison Street, was heard at this time. See item for action taken. UNFINISHED BUSINESS 36. New 2025 Retail Wine License and New 2024-25 Retail Malt Beverage License for Woodgrain Brewing Company LLC, 5200 East Grant Street. 37. Transfer of 2025 Retail Liquor License from McNally’s Irish Pub LLC, 6211 Old Village Place, to Southside Partners LLC, 6211 Old Village Place. 38. Special One-Day Malt Beverage License for Presentation Sisters to be operated at 515 North Main Avenue, for an event on May 10, 2025. 39. Special One-Day Liquor License for the Zoological Society to be operated at 805 South Kiwanis Avenue, for a fundraiser on June 26, 2025.  A motion was made by Council Member Barranco and seconded by Council Member Cole to approve Items 36 through 39. Roll call vote to approve. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 40. 2nd 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 Barranco to adopt Ordinance No. 20-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 41. 2nd 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 Basye and seconded by Council Member Barranco to adopt Ordinance No. 21-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 42. 2nd 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 Sigette and seconded by Council Member Cole to adopt Ordinance No. 22-25.  Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 43. 2nd 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 Merkouris and seconded by Council Member Soehl to adopt Ordinance No. 23-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. 44. 2nd 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 Spellerberg to adopt Ordinance No. 24-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Item 46 was heard at this time. See item for action taken. HEARINGS AND RESOLUTIONS 45. A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. The Planning Commission recommends approval (5-0). Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Basye to adopt Resolution No. 25-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 25-25 A RESOLUTION AMENDING THE SHAPE SIOUX FALLS 2040 COMPREHENSIVE PLAN. WHEREAS, the Planning Commission has proposed a plan for the physical development of the municipality and including areas outside the boundary and within its planning jurisdiction; and WHEREAS the Planning Commission held a public hearing on April 2, 2025, to gain input from the public; and WHEREAS, the City Council held a public hearing on May 6, 2025, to gain input from the public; and WHEREAS, the comprehensive plan shows the Planning Commission’s recommendations of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality, which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That Map 2.A: Development Areas of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.B: Sanitary Availability of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.C: Water and Roads of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. That Map 2.D: Public Facilities and Proposed Drainage Basins of the Shape Sioux Falls 2040 Comprehensive Plan be amended as attached hereto. Said plan shall be on file and is available for public inspection by any interested person in the office of the City Clerk, the City Planning Office, and the City website. The City shall publish the resolution, without attachments, after its passage. Date adopted: 05/06/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 46. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TENCATE RIDGE ADDITION. 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 Sigette to adopt Resolution No. 26-25.  Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 26-25 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF TENCATE RIDGE ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Tencate Ridge Addition to the City of Sioux Falls, Lincoln County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 05/06/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 47. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO SANFORD HEALTH. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Cole to adopt Resolution No. 27-25. Roll call vote to adopt. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. RESOLUTION NO. 27-25 A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING TO SANFORD HEALTH. WHEREAS, the City owns nine digital and two static score tables; and WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; and WHEREAS, the above-described personal property is no longer necessary, useful, or suitable for the purpose for which it was acquired by the City and has been declared as surplus; and WHEREAS, Sanford Health finds it desirable to acquire said property; and WHEREAS, Sanford Health is a South Dakota domestic nonprofit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the recitals above are adopted and are incorporated herein by this reference as if set out in full. Section 2. That, pursuant to SDCL Chapter 6-13, the nine digital and two static score tables identified above are surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired. Section 3. That the gifting for a public purpose by the City of Sioux Falls of the nine digital and two static score tables to Sanford Health is hereby approved. Date adopted: 05/06/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT Public input was given on: thanking the Council for their service; the Night Watch Program in Sioux Falls; Promoting Police Accountability; expression of appreciation to the Council for their public service; the Police, Fire and EMS call log activity at the Bishop Dudley House; and electric bicycle ride-sharing. ADJOURNMENT A motion was made by Council Member Sigette and seconded by Council Member Basye to adjourn the meeting at 6:58 p.m. Voice vote to adjourn. 8 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco, Basye; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk