City Council Meeting

MINUTES City Council Meeting Tuesday, August 19, 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 Curt Soehl, 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, Mayor Paul TenHaken Absent: None 2. INVOCATION • Allan Saugstad, M. Div., Minister, All Souls Unitarian Universalist Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Basye and seconded by Council Member Barranco to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Budget Hearings of Tuesday, August 12, 2025 • City Council Meeting of Tuesday, August 12, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated August 15, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Kaity White to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on September 19, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from James Borchert to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on September 27, 2025. APPLICATIONS 9. Special One-Day Liquor Licenses for T Slat Inc., to be operated at the Levitt, 504 North Phillips Avenue, for concerts on August 21, 22, 23, 28, 29 and 30, 2025. 10. Special One-Day Liquor Licenses for T Slat Inc, to be operated at Augustana University, 2001 South Summit Avenue for events on August 24 and 30, 2025. 11. Special One-Day Liquor Licenses for Prohibition Pub LLC to be operated at The Social, 301 South Thompson Avenue, for events on August 29 and September 6, 2025. 12. Special One-Day Liquor Licenses for Great Bear Recreation Park Inc., 5901 East Rice Street for events on September 9 and 20, 2025. 13. Special One-Day Malt Beverage License for BLRR Sioux Falls LLC, to be operated at 2815 South Westlake Drive and on a portion of Westlake Drive location between South Lorraine Place to South Terry Avenue, for a car show on September 11, 2025. 14. Special One-Day Liquor Licenses for Highball LLC to be operated at Cherapa Pl, 345 North Reid Place, for a special event on September 19 and 20, 2025. NOTICE OF HEARINGS 15. Set a date of hearing for Tuesday, September 2, 2025. New 2025 Package Liquor License for Kwik Star, 901 North Ebenezer Avenue. 16. Set a date of hearing for Tuesday, September 2, 2025. New 2025 Package Liquor License for Kwik Star, 6301 East 41st Street. 17. Set a date of hearing for Tuesday, September 2, 2025. New 2025 Retail Wine License and New 2025-26 Retail Malt Beverage License for Ali’s Sports Bar and Restaurant LLC, 3221 South Carolyn Avenue. 18. Set a date of hearing for Tuesday, September 2, 2025. New 2025 Retail Wine License and New 2025-26 Retail Malt Beverage License for The Dive LLC, 1612 South Western Avenue. 19. Set a date of hearing for Tuesday, September 2, 2025. Special One-Day Malt Beverage License for Rachel’s Race Inc., to be operated at Family Park, 300 North Ellis Road at the race finish line, for a fundraiser on September 13, 2025. REGULAR AGENDA 20. 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 Soehl to amend by moving Item 34 immediately after Item 28. Roll call vote to amend. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 21. New 2025 Restaurant On-sale Liquor License for Duchess Investments LLC, Rivage Oak Kitchen, 300 North Cherapa Place, Suite 102. 22. New 2025 Retail Wine License for ART Vision, 2101 West 69th Street, Suite 204. 23. Transfer of 2025 Retail Liquor License from BT Investments LLC, 5231 West 26th Street, to Pho Thai LLC, 230 South Phillips Avenue, Suite 104. 24. Transfer of 2025 Package Liquor License from Kum & Go, 501 North Minnesota Avenue, to MegaSaver, 501 North Minnesota Avenue. 25. Transfer of 2025 Package Liquor License from Kum & Go, 7100 West 41st Street, to MegaSaver, 7100 West 41st Street. 26. Transfer of 2025 Package Liquor License from Kum & Go, 6001 South Western Avenue, to MegaSaver, 6001 South Western Avenue. A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to approve Items 21 through 26. Roll call vote to approve. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 27. 2nd Reading: FINAL READING FOR CONSIDERATION AND APPROVAL PURSUANT TO SDCL 9-19-7.1: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING A CHAPTER TO TITLE XIII: GENERAL OFFENSES.  Sponsor: Mayor A motion was made by Council Member Merkouris and seconded by Council Member Sigette to adopt Ordinance No. 49-25. A motion was made by Council Member Merkouris and seconded by Council Member Sigette to amend by changing the definition of "Dwelling" from "one hour" to "two hours"; change the definition of "Shelter" from "one hour" to "two hours". Roll call vote to amend. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 7 Yes: Soehl, Spellerberg, Thomason, Barranco, Cole, Merkouris, Sigette; 1 No: Basye. Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to defer Item 28 to the City Council Meeting on Tuesday, September 9, 2026. Roll call vote to defer. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. The Mayor passed the gavel to Council Chair Rich Merkouris at this time. Item 34 was heard at this time. See item for action taken. ORDINANCE FIRST READINGS 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 216 S. ELMWOOD AVE. FROM THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT, NO. 021508-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Brandon Myers A motion was made by Council Member Basye and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 2, 2025 for Item 29. Roll call vote to set a date of 2nd Reading. 6 Yes: Soehl, Thomason, Basye, Cole, Merkouris, Sigette; 2 No: Spellerberg, Barranco. Motion Passed. 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF E. 69TH ST. AND EAST OF S. SYCAMORE AVE. FROM THE RD 1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN DISTRICT, NO. 021536-2025,  AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): Ronning Commercial, LLC – Blaine Davis A motion was made by Council Member Sigette and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, September 2, 2025 for Item 30. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5910 E. RICE ST. FROM THE CN CONSERVATION DISTRICT TO THE I 1 LIGHT INDUSTRIAL DISTRICT, NO. 021543-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0). Private Applicant(s): JB2, LLC – Kylin Nelson A motion was made by Council Member Basye and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, September 2, 2025 for Item 31. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 1020 S. MINNESOTA AVE. FROM THE MMU2 MIDTOWN MIXED-USE—MODERATE DENSITY DISTRICT TO THE LW LIVE-WORK AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICTS, NO. 021555- 2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. Private Applicant(s): Reynolds Construction Management – Paul Reynolds A motion was made by Council Member Soehl and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, September 2, 2025 for Item 32. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A LEASE OF CITY REAL PROPERTY. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Barranco to set a date of 2nd Reading for Tuesday, September 2, 2025 for Item 33. Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Spellerberg, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 34. A RESOLUTION AMENDING THE 2025–2029 CAPITAL PROGRAM.  Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Cole to defer Item 34 to the City Council Meeting on Tuesday, September 9, 2025. Roll call vote to defer. 6 Yes: Soehl, Thomason, Basye, Cole, Merkouris, Sigette; 2 No: Spellerberg, Barranco. 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) 35. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: July 31, 2025. NEW BUSINESS There was none. GENERAL PUBLIC INPUT Public input was given on the following: the mail service, living conditions in some apartments, issues with a property and its management, the 2026 municipal election, elected officials needing to be available to the people, accountability, the city's budget, property tax, snow plowing and road conditions, code enforcement, and funding and priorities. ADJOURNMENT A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to adjourn the meeting at 8:15 p.m. Voice vote to adjourn. 7 Yes: Soehl, Spellerberg, Thomason, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. Jermery J. Washington, City Clerk