City Council Meeting

MINUTES City Council Meeting Tuesday, September 16, 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, Mayor Paul TenHaken Absent: Council Member David Barranco, Council Member Miranda Basye 2. INVOCATION • Karen Schwebach, Direct Line partner 3. PLEDGE OF ALLEGIANCE At this time, Council Chair Rich Merkouris recognized Assistant City Clerk Denise D. Tucker for her 20 years of service. CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Soehl and seconded by Council Member Spellerberg to approve the Consent Agenda. Roll call vote to approve. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, September 9, 2025 • City Council Meeting of Tuesday, September 9, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated September 12, 2025. 7. Approval of surplus property disposition on the memorandum dated August 31, 2025. 8. Approval of a request pursuant to SDCL 35-1-5.5 from Melissa Kuhr to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 12, 2025. 9. Approval of a request pursuant to SDCL 35-1-5.5 from Christian Rasmusson and Erin Willadsen to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on November 7, 2025. APPLICATIONS 10. Special One-Day Liquor License for T Slat Inc., to be operated at Nyberg’s Ave, 330 West 41st Street, for an event on September 20, 2025. 11. Special One-Day Liquor Licenses for Prohibition Pub LLC to be operated at The Social, 301 South Thompson Avenue, for events on September 20, 27, October 4 and 11, 2025. 12. Special One-Day Liquor License for T Slat Inc., to be operated at Cherapa II Interconnect, 345 South Reid Street, for an event on September 24, 2005. 13. Special One-Day Liquor License for T Slat Inc., to be operated at Mary Jo Wegner Arboretum, 1900 South Perry Place, for Fall Festival on September 25, 2025. 14. Special One-Day Liquor Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit, for a class reunion on September 25, 26 and 27, 2025. 15. Special One-Day Liquor License for T Slat Inc., to be operated at Queen City Bakery, 324 East 8th Street, for a reception on September 27, 2025. 16. Special One-Day Malt Beverage and Wine Licenses to be operated at Startup Sioux Falls, 100 East 6th Street, for an event on October 1, 2025. 17. Special One-Day Malt Beverage Licenses for T Slat Inc., to be operated at Augustana University, 2001 South Summit Avenue, for a soccer games on October 3 and 5, 2025. 18. Special One-Day Liquor License for T Slat Inc., to be operated at 150 East 4th Place, Suite 703, for a ribbon cutting on October 7, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 19. Parcel #57347, for 2024 property taxes in the amount of $2,538.27. 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, October 7, 2025. Special One-Day Malt Beverage and Wine Licenses for Reach Literacy to be operated at Mosaic, 500 North Main Avenue, for a fundraiser on October 9, 2025. 21. Set a date of hearing for Tuesday, October 7, 2025. Special One-Day Malt Beverage and Wine Licenses for Community Indoor Tennis Center Inc., 4210 Bobhalla Drive, for a fundraiser on October 18, 2025. REGULAR AGENDA 22. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Soehl and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 23. New 2025 Retail (on-sale) Liquor License for Blackstreet Partners, 220 South Phillips Avenue. 24. New 2025 Retail (on-sale) Liquor License for BT Investments LLC, 5219 West 26th Street. 25. New 2025 Retail (on-sale) Liquor License for Deuces Casino 17, 5409 West 41st Street. 26. New 2025 Package (off-sale) Liquor License for Circle K, 4811 East Arrowhead Parkway. 27. New 2025 Package (off-sale) Liquor License for Circle K, 5400 North Cliff Avenue. 28. New 2025 Package (off-sale) Liquor License for Circle K, 5210 West 12th Street. 29. New 2025 Retail Wine License and New 2025-26 Retail Malt Beverage License for Cenex Zip Trip, 4965 South Klein Avenue. 30. Transfer of 2025 Retail (on-sale) Liquor License from Vikash Patel, 4109 West 57th Street to High Roller Casino III, 4619 East 54th Street, Suite 101. 31. Transfer of 2025 Retail (on-sale) Liquor License from Vikash Patel, 2712 South Ellis Road to High Roller Casino III, 4619 East 54th Street, Suite 102. 32. Transfer of 2025 Retail (on-sale) Liquor License from Anusiya LLC, 2409 West Russell Street, to High Roller Casino III, 4619 East 54th Street, Suite 103. 33. Transfer of 2025 Retail (on-sale) Liquor License from Pfive Investments, 5013 North Annika Avenue, to High Roller Casino III, 4619 East 54th Street, Suite 104. A motion was made by Council Member Soehl and seconded by Council Member Thomason to approve Items 23 - 33. Roll call vote to approve. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE FIRST READINGS 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MEMORY LANE AND WEST OF I-29 (BENSON’S) FROM THE AG AGRICULTURE DISTRICT TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 021328-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic A motion was made by Council Member Spellerberg and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, October 7, 2025 for Item 34. Roll call vote to set a date of 2nd Reading. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 210 N. SHERMAN AVE. FROM THE RT-1 SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 021352-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): St. Francis House of Sioux Falls – Julie Becker A motion was made by Council Member Thomason and seconded by Council Member Cole to set a date of 2nd Reading for Tuesday, October 7, 2025 for Item 35. Roll call vote to set a date of 2nd Reading. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2011 S. NORTON AVE. FROM THE S-2 INSTITUTIONAL CAMPUS PUD DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL— SUBURBAN DISTRICT, NO. 021655-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): 3MJ Properties – Mike Haight A motion was made by Council Member Cole and seconded by Council Member Thomason to set a date of 2nd Reading for Tuesday, October 7, 2025 for Item 36.  Roll call vote to set a date of 2nd Reading. 5 Yes: Cole, Merkouris, Sigette, Soehl, Thomason; 0 No: (None). Motion Passed. Spellerberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED NORTH OF W. MEMORY LANE AND WEST OF I-29 (WALKER’S) FROM THE CN CONSERVATION AND AG AGRICULTURE DISTRICTS TO THE I-2 HEAVY INDUSTRIAL DISTRICT, NO. 021664-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic A motion was made by Council Member Sigette and seconded by Council Member Merkouris to set a date of 2nd Reading for Tuesday, October 7, 2025 for Item 37. Roll call vote to set a date of 2nd Reading. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 2008 W. 33RD ST. FROM THE O OFFICE DISTRICT TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 021691-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Rose Dougherty A motion was made by Council Member Cole and seconded by Council Member Sigette to set a date of 2nd Reading for Tuesday, October 7, 2025 for Item 38. Roll call vote to set a date of 2nd Reading. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. 39. 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 DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT, NO. 021721-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (3-0). Private Applicant(s): Allen Development, LLC – Doug Allen A motion was made by Council Member Thomason and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, October 7, 2025 for Item 39. Roll call vote to set a date of 2nd Reading. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 40. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND  DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Soehl and seconded by Council Member Sigette to adopt Resolution No. 78-25. Roll call vote to adopt. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 78-25 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its drinking water system, including, but not limited to, Transmission System Improvements (the “Projects”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the City hereby approves the submission of an application for financial assistance in an amount not to exceed $7,648,000 to the Board for the Projects. 2. That the City is hereby authorized to execute the application and submit it to the Board and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Projects. Date adopted: 09/16/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 41. A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND  DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. Sponsor: Mayor A motion was made by Council Member Cole and seconded by Council Member Thomason to adopt Resolution No. 79-25. Roll call vote to adopt. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. RESOLUTION NO. 79-25 A RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATIONS, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Sioux Falls, SD (the “City”) has determined it is necessary to proceed with improvements to its clean water system, including, but not limited to, Southeast Basins Sanitary Sewer Improvements (the “Projects”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Projects and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 4. That the City hereby approves the submission of an application for financial assistance in an amount not to exceed $17,746,000 to the Board for the Projects. 5. That the City is hereby authorized to execute the application and submit it to the Board and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 6. That the Mayor and/or Director of Public Works or the Public Works Business Operations Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Projects. Date adopted: 09/16/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS  42. A PROPOSED RESOLUTION VACATING WEST 19TH STREET LYING BETWEEN SOUTH MINNESOTA AVENUE AND SOUTH DAKOTA AVENUE, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, October 21, 2025. Private Applicant(s): Reynolds Construction Management - Paul Reynolds A motion was made by Council Member Merkouris and seconded by Council Member Spellerberg to set a date of hearing for Tuesday, October 21, 2025 for Item 42. Roll call vote to set a date of hearing. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). 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) 43. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: August 31, 2025. NEW BUSINESS There was none. GENERAL PUBLIC INPUT The following topics were discussed: update and concerns regarding Kingsport Village Apartments; a poem, was read, regarding political corruption/issues with local government; praise of the Council for their work; Charlie Kirk; stochastic terrorism; appreciation for the Highway Patrol helping with traffic issues; City Link; tearing down of the old Sears building; crimes against the LGBTQ+ community and the need to change the law to make it a hate crime; the need for additional resources to help people, with mental illness, not fall through the cracks; and the need for different groups to get their “act” together. ADJOURNMENT A motion was made by Council Member Merkouris and seconded by Council Member Sigette to adjourn at 7:02 p.m. Voice vote to adjourn. 6 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason; 0 No: (None). Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk