City Council Meeting

MINUTES City Council Meeting Tuesday, July 8, 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 • Bishop Constanze Hagmaier, South Dakota Synod - Evangelical Lutheran Church in America 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Soehl and seconded by Council Member Sigette to approve the Consent Agenda. A motion was made by Council Member Merkouris and seconded by Council Member Spellerberg to amend to state the correct amount for Item 6, Sub-Item 4 on the memo as $126,000 not $128,000. Roll call vote to amend. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, July 1, 2025  • Regular City Council Meeting of Tuesday, July 1, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated July 3, 2025. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through July 3, 2025. 8. Approval of the SIOUXPERHERO Committee's recommendation that the City Council award the SIOUXPERHERO Citizen Recognition Award to: Karen Schwebach. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Jerome Ogren and Tina Peterson to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on August 2, 2025. 10. Approval of a request pursuant to SDCL 35-1-5.5 from Timea Metzger-Nelson to consume, but not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on July 25, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Parcel #37012, for 2024 property taxes in the amount of $35.88. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #39745, for 2024 property taxes in the amount of $1,149.30. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #43780, for 2021 property taxes in the amount of $1,303.99. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 14. Parcel #43780, for 2022 property taxes in the amount of $2,164.99. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 15. Parcel #43780, for 2023 property taxes in the amount of $2,041.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 16. Parcel #43780, 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). 17. Parcel #65774, for 2021 property taxes in the amount of $931.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 18. Parcel #65774, for 2022 property taxes in the amount of $2,163.95. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 19. Parcel #65774, for 2023 property taxes in the amount of $2,041.59. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 20. Parcel #65774, 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). The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 21. Parcel #282.13.04.009, for 2023 property taxes in the amount of $2,285.92. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 22. Parcel #282.13.04.009, for 2024 property taxes in the amount of $2,098.76. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 23. Parcel #280.50.53.AA00, for 2024 property taxes in the amount of $17.39. Reason: Structures have been removed after the assessment date (upon verification by the director of equalization). Date structures removed August 28, 2024. REGULAR AGENDA 24. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Spellerberg and seconded by Council Member Sigette 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. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 25. 2nd 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 adopt Item 25. Roll call vote to adopt. 1 Yes: Thomason; 7 No: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Barranco. Motion Failed. 26. 2nd 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 adopt Ordinance No. 36-25.  Roll call vote to adopt. 7 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Barranco; 1 No: Thomason. Motion Passed. 27. 2nd 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 adopt Item 27. Roll call vote to adopt. 2 Yes: Thomason, Barranco; 6 No: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg. Motion Failed. 28. 2nd 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 adopt Ordinance No. 37-25. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES, SECTION 41.001 IN GENERAL. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, July 15, 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 CHAPTER 36: FINANCES, SUBCHAPTER FINANCIAL REGULATIONS BY ADDING SECTION 36.002.1 COMMITTED AND RESTRICTED SETTLEMENT FUNDS. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Basye to set a date of 2nd Reading for Tuesday, July 15, 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 OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY REVISING CHAPTER 95: PARKS AND RECREATION TO PROHIBIT ALCOHOL IN CERTAIN AREAS. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, July 15, 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, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC BEVERAGES, SECTION 111.023: CONSUMPTION ON PUBLIC STREETS OR ALLEYS. 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, July 15, 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, PROVIDING SUPPLEMENTAL APPROPRIATION TO PROVIDE A LOAN TO THE SIOUX FALLS AIRPORT AUTHORITY EXPANSION PROJECT. Sponsors: Council Members Merkouris and Thomason A motion was made by Council Member Merkouris and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, July 15, 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. HEARINGS AND RESOLUTIONS 34. Deferred from the meeting of Tuesday, June 17, 2025; 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 Spellerberg to adopt Resolution No. 45-25. Roll call vote to adopt. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed.  RESOLUTION NO. 45-25 A RESOLUTION OF NECESSITY AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS FOR ACQUISITION OF REAL PROPERTY LOCATED IN SIOUX FALLS, SD, FOR PUBLIC USE. WHEREAS, the City of Sioux Falls (the “City”) is authorized and proposes to undertake and carry out for public use a roadway construction project to construct North Marion Road Phase 3 in northern Sioux Falls (the “Project”). The Project preserves the function and performance of the area’s future road system and includes additional reconstruction of arterial roadways; and WHEREAS, in connection with the Project, it is necessary to acquire right-of-way from the landowners and parcels listed below; and WHEREAS, a portion of the construction of the Project will require the acquisition of additional land for right-of-way and construction, which may include borrow pits, cut slopes, fill slopes, impoundments, and channel changes, either by purchase or condemnation; and WHEREAS, the Project is scheduled for construction in 2026; and WHEREAS, in connection with such acquisition, the City has obtained independent real estate appraisals to determine fair market value, which appraisals have been reviewed by an independent real estate appraiser; and WHEREAS, purchase offers at fair market value based on the appraisals and waive valuations have been made by the City of Sioux Falls for the right-of-way; and WHEREAS, the City of Sioux Falls has been unable to acquire, by voluntary purchase or agreement, the rights-of-way and permanent and temporary easements described below that are necessary for the construction of the Project; and WHEREAS, it is deemed necessary and in the best interest of the City of Sioux Falls that the acquisition of the Project right-of-way proceed expeditiously; and WHEREAS, SDCL § 9-27-1 authorizes a municipality to acquire real property by condemnation for any purpose authorized by law when approved by a two-thirds majority vote; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That it is necessary to acquire the following right-of-way, permanent easements and temporary easements by condemnation in accordance with the provisions of SDCL Ch. 21-35 and Ch. 31-19, which may include filing Declarations of Taking pursuant to SDCL § 31-19-23: Landowner: Wintersteen Family L.L.C. and Thomas R. Wintersteen—Parcel-3.2 Property: Tract 1A of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota. Right-of-Way: Lot H1 in Tract 1A of Costello’s Addition in the County of Minnehaha in  the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, according to the plat, as shown in Attachment A.1. Lot H1 contains 22,396 sq. ft. (0.514 acres), more or less. Drainage Easement: Tract 1A of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, contained therein, according to the exhibit, as shown in Attachment A.2. The parcel contains 9,594 sq. ft. (0.220 acres), more or less. Water Main Easement: Tract 1A of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, contained therein, according to the exhibit, as shown in Attachment A.3. The parcel contains 9,605 sq. ft. (0.221 acres), more or less. Temporary Easement: Tract 1A of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, as shown in Attachment A.4. The parcel contains 4,243 sq. ft. (0.097 acres), more or less. ____________________________________________________________________________ Landowner: James L. and Michelle Bruns—Parcel-3.3 Property: Tract 3 of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota. Right-of-Way: Lot H1 in Tract 3 of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota, according to the plat, as shown in Attachment B.1. Lot H1 contains 109,434 sq. ft. (2.512 acres), more or less. Water Main Easement: Tract 3 of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th P.M., Minnehaha County, South Dakota, according to the exhibit, as shown in Attachment B.2. The parcel contains 24,682 sq. ft. (0.567 acres), more or less. Temporary Easement: Tract 3 of Costello’s Addition in the County of Minnehaha in the Southeast Quarter (SE1/4) of Section 14, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota, as shown in Attachment B.3 and B.3.1. The parcel contains 5,088 sq. ft. (0.117 acres), more or less. ____________________________________________________________________________ Landowner: Guthrie Living Trust Dated October 6, 2022—Parcel-3.5 Property: Tract 6 of Wintersteen’s Addition in the West Half of the Southwest Quarter (W1/2 SW1/4) of Section 13, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota. Drainage Easement: Tract 6 of Wintersteen’s Addition in the West Half of the Southwest Quarter (W1/2 SW1/4) of Section 13, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota, according to the exhibit, as shown in Attachment C.1. The parcel contains 3,544 sq. ft. (0.082 acres), more or less. Temporary Easement: Tract 6 of Wintersteen’s Addition in the West Half of the Southwest Quarter (W1/2 SW1/4) of Section 13, Township 102 North, Range 50 West of the 5th PM, Minnehaha County, South Dakota, as shown in Attachment C.2. The parcel contains 31,299 sq. ft. (0.719 acres), more or less. ____________________________________________________________________________ Section 2. That the City shall publish this resolution, without attachments, after its passage. The attachments are on file and available for inspection in the office of the City Clerk. Date adopted: 07/08/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NEW BUSINESS Council Member Curt Soehl expressed his gratitude for the addition of "presented by" on the agendas. GENERAL PUBLIC INPUT The following topics were discussed: public input and the Council's ability to override the Mayor and let constituents continue to talk past the time limit; the decreasing ability to pay for items with cash and the convenience fee to pay for items digitally; the Department of Transportation's $1M grant railroad crossing study; eliminating property taxes and granting homestead exemptions; City Design and Zoning; relocating from Telluride, CO, and seeking employment in Sioux Falls; bicycle safety and Council Members being selected without a vote from residents. At 8:06 p.m., Mayor Paul TenHaken passed the gavel to Council Chair Rich Merkouris. At 8:12 p.m., Councilor Merkouris passed the gavel back to Mayor TenHaken. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Soehl to adjourn at 8:24 p.m. Voice vote to adjourn. 8 Yes: Basye, Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk