City Council Meeting

MINUTES City Council Meeting Tuesday, June 17, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION • Dr. Ron Tottingham, Empire Baptist Temple 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 Spellerberg 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. 5. APPROVAL OF MINUTES • City Council Meeting of Tuesday, June 10, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated June 13, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Matthew and Biljana Badheartbull to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on July 20, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Tanner Kay O'Brien to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August 16, 2025. APPLICATIONS 9. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Levitt at the Falls, 504 North Phillips Avenue, for concerts on June 19, 20, 21, 26, 27, 28, July 3, 4 & 5, 2025. 10. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Bob Young Field, 6200 South Cliff Avenue, for soccer games on June 20, 22 & 27, 2025. 11. Special One-Day Liquor License for T Slat Inc., to be operated at First National Bank, 101 South Phillips Avenue, for a retirement party on June 26, 2025. 12. Special One-Day Liquor Licenses for Prohibition Pub LLC, to be operated at The Social, 301 South Thompson Avenue, for events on June 21, July 12, 25 & 26, 2025. 13. Special One-Day Malt Beverage and Special One-Day Wine Licenses for The Country Club of Sioux Falls to be operated at Bank Midwest, 225 South Minnesota Avenue, for an event on August 12, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 14. Parcel #28067, for 2021 property taxes in the amount of $94.33. 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. 15. Parcel #28067, for 2022 property taxes in the amount of $92.00. 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. 16. Parcel #28067, for 2023 property taxes in the amount of $86.20. 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. 17. Parcel #28067, for 2024 property taxes in the amount of $82.72. 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. NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, July 1, 2025. Transfer of 2025 Retail Liquor License from K & P Enterprises, Fireside Casino, 3221 South Carolyn Avenue, to Plaza Azteca 26th Inc., 5919 East 26th Street. 19. Set a date of hearing for Tuesday, July 1, 2025. Special One-Day Malt Beverage Licenses for Sioux Empire Pride Sports Association to be operated at Burnside Park fields, 1500 West Burnside Street, for a fundraiser on July 26 & 27, 2025. 20. Set a date of hearing for Tuesday, July 1, 2025. Special One-Day Liquor Licenses for Sanford International to be operated at Minnehaha Country Club (course only), 3101 West 22nd Street, for a PGA Tour on September 8, 9, 10, 11, 12, 13 & 14, 2025. REGULAR AGENDA 21. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Sigette and seconded by Council Member Merkouris to approve the Regular Agenda. A motion was made by Council Member Merkouris and seconded by Council Member Cole to amend by moving Item 35 immediately after Item 24. Roll call vote to amend. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Roll call vote to approve the Regular Agenda as amended. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 22. New 2025-26 Retail Malt Beverage License for New Tokyo Cuisine, 4825 South Louise Avenue. A motion was made by Council Member Basye and seconded by Council Member Spellerberg to approve Item 22. 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 23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDED AND RESTATED CONDITIONAL  GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE EXPANSION OF THE LEVITT SHELL SIOUX FALLS LOCATED IN FALLS PARK. Sponsor: Mayor Councilor Richard L. Thomason recused himself at this time from Item 23, 24, and 35. A motion was made by Council Member Basye and seconded by Council Member Spellerberg to adopt Ordinance No. 29-25. Roll call vote to adopt. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. Thomason was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Basye to adopt Ordinance No. 30-25. Roll call vote to adopt. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. Thomason was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. Item 35 was heard at this time. See item for action taken. Councilor Thomason returned at this time. ORDINANCE FIRST READINGS 25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF SLIP UP CREEK RD. AND EAST OF S. 476TH AVE. FROM THE AG AGRICULTURE DISTRICT TO THE CN CONSERVATION, RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN, RD-2 TOWNHOME RESIDENTIAL— SUBURBAN, LW LIVE-WORK, AND O OFFICE DISTRICTS, NO. 021056-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (5-0). Private Applicant(s): Mapleton Highlands, LLC – Steve Van Buskirk A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 1, 2025 for Item 25. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF E. 72ND ST. N. AND WEST OF S. 476TH AVE. FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT, NO. 021059-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (5-0).  Private Applicant(s): Western Hills, LLC – Steve Van Buskirk A motion was made by Council Member Barranco and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, July 1, 2025 for Item 26. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 27. 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 THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT TO THE CN CONSERVATION DISTRICT, NO. 021071-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (5-0). Private Applicant(s): Signature Ernst Land Development, LLC – Clint Ackerman A motion was made by Council Member Barranco and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, July 1, 2025 for Item 27. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. MADISON ST. AND EAST OF VETERANS PKWY. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 021174-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (5-0). Private Applicant(s): TTDJ, LLC – Jesse Deffenbaugh A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, July 1, 2025 for Item 28. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1323 S. MINNESOTA AVE. FROM THE O OFFICE AND C- 2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS TO THE C-3 COMMERCIAL—COMMUNITY DISTRICT, NO. 021177-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends (5-0). Private Applicant(s): DGR Engineering – Jake Morris A motion was made by Council Member Merkouris and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, July 1, 2025 for Item 29. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, NOVEMBER 3, 2026. Sponsors: Council Members Thomason and Barranco A motion was made by Council Member Thomason and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, July 8, 2025 for Item 30. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE REGULAR CITY ELECTION DATE FOR TUESDAY, JUNE 2, 2026. Sponsors: Council Members Merkouris and Soehl A motion was made by Council Member Merkouris and seconded by Council Member Soehl to set a date of 2nd Reading for Tuesday, July 8, 2025 for Item 31. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES BY AMENDING SECTION 38.010 ELECTION RESULTS. Sponsors: Council Members Thomason and Barranco A motion was made by Council Member Thomason and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, July 8, 2025 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REPEALING CHAPTER 115: JUNK AND SECONDHAND DEALERS; SALES. Sponsors: Council Members Barranco and Sigette A motion was made by Council Member Barranco and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, July 8, 2025 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 34. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA-- ANNEXATION 021224-2025—Benson’s Addition Sponsor: Mayor  A motion was made by Council Member Basye and seconded by Council Member Barranco to adopt Resolution No. 39-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 39-25 ANNEXATION 021224-2025—Benson’s Addition 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 N. Marion Road. 4. The property is adjacent to City water for connection. 5. The property can be served by sanitary sewer adjacent to parcel. 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: Tract 10 Benson’s Addition in the NE 1/4 of Section 13, Township 12 North, Range 50 West of the 5th P.M., 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: 06/17/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 35. A RESOLUTION AMENDING THE 2025–2029 CAPITAL PROGRAM. Sponsor: Mayor  A motion was made by Council Member Merkouris and seconded by Council Member Sigette to adopt Resolution No. 40-25. Roll call vote to adopt. 7 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg; 0 No: (None). Motion Passed. Thomason was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. RESOLUTION NO. 40-25 A 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 Improvements Program Project No. 14001, Falls Park Development/Levitt Shell, by increasing the amount of funding for construction by $1,000,000 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. Date adopted: 06/17/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 36. A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED IN SIOUX FALLS, SD, FOR PUBLIC USE. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to defer Item 36 to the July 8, 2025 Council Meeting. Roll call vote to defer. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 37. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Barranco to adopt Resolution No. 42-25. Roll call vote to adopt. 8 Yes: Barranco, Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 42-25  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 Jennifer Sigette Board of Museum Trustees Appointed for a term from February 2025 to February 2028. Date adopted: 06/17/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS There was none. GENERAL PUBLIC INPUT There was public comment given on the following: building ball fields and tax payer dollars, noise complaints on 11th Street Bridge, a noise study, downtown neighborhood associations, calls for service, elections and candidates, reasons people may get into politics, attending Council meetings, people in the downtown area and no police presence downtown, transparency, handling of COVID, South Dakota State office building, the Brockhouse Animal Collection, and affordable housing. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Sigette to adjourn the meeting at 7:45 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