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City Council Meeting

Regular Meeting

Sioux Falls, SD · October 7, 2025

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MINUTES Regular City Council Meeting Tuesday, October 7, 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, Mayor Paul TenHaken Absent: Council Member Miranda Basye 2. INVOCATION • Jerry Fogg, Yankton Sioux Tribe 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 Barranco to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, September 16, 2025 • City Council Meeting of Tuesday, September 16, 2025 • Informational Meeting of Tuesday, September 23, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated October 3, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Scott Dubbe to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 23, 2025. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat to be operated at Augustana University, 2001 South Summit for games on October 10, 11, 17 & 18, 2025. 9. Special One-Day Liquor License for T Slat to be operated on a small portion of Grange Avenue directly between the Elmen Center and Midco Arena, for a Augustana tailgate block party on October 18, 2025. 10. Special One-Day Liquor Licenses for T Slat to be operated at Huether Family Match Pointe, 4210 Bobhalla Drive for a tournament on October 20, 21, 22, 23, 24, 25 & 26, 2025. 11. Special One Day Wine License and Special One-Day Off-Sale Wine License for GBS LLC to be operated at Nordic Hall, 218 West 13th Street for a holiday event on December 6, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Parcel #76549, for 2024 property taxes in the amount of $1,476.89. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #75040, for 2021 property taxes in the amount of $511.44. 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. 14. Parcel #75040, for 2022 property taxes in the amount of $497.51. 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 #75040, for 2023 property taxes in the amount of $468.49. 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 #75040, for 2024 property taxes in the amount of $457.68. 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 #51990, for 2024 property taxes in the amount of $1,799.15. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, October 21, 2025. New 2025-26 Retail Malt Beverage License and New 2025 Retail Wine License for Pomegranate Market, 350 North Reid Place, Suite 100. 19. Set a date of hearing for Tuesday, October 21, 2025. New 2025 Retail Wine License for Classy Nail, 509 West 85th Street. 20. Set a date of hearing for Tuesday, October 21, 2025. New 2026 Retail Wine License for Scheels Iceplex, 4300 North Bobhalla Drive. 21. Set a date of hearing for Tuesday, October 21, 2025. Transfer of 2025-26 Retail Malt Beverage License from Neighborhood Market Co LLC, 4301 East 12th Street, to Neighborhood Market and Restaurant LLC, 4301 East 12th Street. 22. Set a date of hearing for Tuesday, October 21, 2025. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER. Sponsor: Mayor REGULAR AGENDA 23. 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 Spellerberg to amend by moving Item 36 after Item 26; moving Item 39 after Item 28, and moving Item 40 after Item 31. Roll call vote to amend. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Roll call vote to approve, as amended. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. UNFINISHED BUSINESS 24. 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. 25. Special One-Day Malt Beverage and Wine Licenses for Community Indoor Tennis Center Inc., 4210 Bobhalla Drive, for a fundraiser on October 18, 2025. A motion was made by Council Member Merkouris and seconded by Council Member Barranco to approve Items 24 and 25. Roll call vote to approve. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 26. 2nd Reading: Deferred from the Meeting of Wednesday, August 6, 2025; Deferred from the City Council Meeting on Wednesday, August 6, 2025 and Tuesday, September 2nd, 2025: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 69TH ST. AND WEST OF S. BEAL AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL— HIGH DENSITY DISTRICT, NO. 021361-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Empire Companies – Brady Hyde A motion was made by Council Member Spellerberg and seconded by Council Member Cole to adopt Ordinance No. 64-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER ELECTRICITY, BY ADOPTING THE 2023 NATIONAL ELECTRICAL CODE AND AMENDMENTS THERETO. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Ordinance No. 58-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 28. 2nd 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 Sigette and seconded by Council Member Spellerberg to adopt Ordinance No. 59-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 29. 2nd 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 Sigette and seconded by Council Member Barranco to adopt Ordinance No. 60-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 30. 2nd 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 Merkouris and seconded by Council Member Cole to adopt Ordinance No. 61-25. Roll call vote to adopt. 6 Yes: Cole, Merkouris, Sigette, Soehl, Thomason, Barranco; 0 No: (None). Motion Passed. Spellerberg was excused from the meeting and the vote on this item pursuant to City Ordinance 30.017. 31. 2nd 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 Barranco to adopt Ordinance No. 62-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 32. 2nd 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 Barranco and seconded by Council Member Sigette to withdraw Item 32. Roll call vote to withdraw. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 33. 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 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 Sigette and seconded by Council Member Spellerberg to adopt Ordinance No. 63-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION, SUBCHAPTER RETAIL SALES AND SERVICE TAX AND USE TAX REFUND. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Barranco to set a date of 2nd Reading for Wednesday, October 15, 2025 for Item 34. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING REAL PROPERTY BY GIFT AGREEMENT ORDINANCE 98-22. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Spellerberg to set a date of 2nd Reading for Tuesday, October 21, 2025 for Item 35. Roll call vote to set a date of 2nd Reading. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 36. Deferred from the meeting of Wednesday, August 6, 2025; Deferred from the City Council Meeting on Wednesday, August 6, 2025, and Tuesday, September 2, 2025: A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BRANDT'S 2ND ADDITION. The Planning Commission recommends approval (5-0). Private Applicant(s): Empire Companies - Brady Hyde A motion was made by Council Member Spellerberg and seconded by Council Member Cole to adopt Resolution No. 85-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 85-25 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BRANDT’S 2ND ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Brandt’s 2nd 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: 10/07/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 37. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA-- ANNEXATION 021609-2025—N.S.P. 2nd Addition. Sponsor: Mayor A motion was made by Council Member Spellerberg and seconded by Council Member Soehl to adopt Resolution No. 80-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 80-25 ANNEXATION 021609-2025—N.S.P. 2nd 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: It shall be the responsibility of the current or any subsequent owner of said property to provide the additional monetary resources needed to extend city utilities including water, sanitary sewer and necessary street improvement. Subsequently, 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 2 of N.S.P. 2nd Addition in Government Lots 1 & 2 of the SW 1/4 & Government Lots 1 & 2 in the NW1/4 and the South 1/2 of the NE 1/4 and the North 1/2 of the SE 1/4 of Section 31, Township 102 N, Range 48 W; including all the East Rice Street and the west half of the South Six Mile Road rights-of-way adjacent thereto; 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: 10/07/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 38. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor A motion was made by Council Member Sigette and seconded by Council Member Cole to adopt Resolution No. 81-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 81-25 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2026. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the county auditor of Minnehaha County, SD, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 10/07/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 39. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BENSON'S ADDITION. The Planning Commission recommends approval (3- 0). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 82-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 82-25 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BENSON’S ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Benson’s Addition to the City of Sioux Falls, Minnehaha 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: 10/07/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 40. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WALKER'S ADDITION. 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 Spellerberg to adopt Resolution No. 83-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 83-25 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WALKER’S ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Walker’s Addition to the City of Sioux Falls, Minnehaha 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: 10/07/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Merkouris to adopt Resolution No. 84-25. Roll call vote to adopt. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. RESOLUTION NO. 84-25 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 Jaclyn Kramer Falls Community Health Center Appointed for a term from October Governing Board 2025 to October 2028. Jessca Mundahl Regional Emergency Medical Re-appointed for a term from Services Authority. (REMSA) October 2025-October 2030. Date adopted: 10/07/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 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) 42. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: September 11, 2025. NEW BUSINESS There was none. GENERAL PUBLIC INPUT The following topics were discussed: citations and housing issues, concerns about Operation Prairie Thunder, illegal immigrants and ICE, a cartel in Sioux Falls, and the upcoming City election. ADJOURNMENT A motion was made by Council Member Spellerberg and seconded by Council Member Merkouris to adjourn the meeting at 7:05 p.m. Voice vote to adjourn. 7 Yes: Cole, Merkouris, Sigette, Soehl, Spellerberg, Thomason, Barranco; 0 No: (None). Motion Passed. Tamara Jorgensen, MMC, Assistant City Clerk

Agenda

AGENDA Regular City Council Meeting Tuesday, October 7, 2025, at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL 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 2. INVOCATION • Jerry Fogg, Yankton Sioux Tribe 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, September 16, 2025 • City Council Meeting of Tuesday, September 16, 2025 • Informational Meeting of Tuesday, September 23, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated October 3, 2025. 7. Approval of a request pursuant to SDCL 35-1-5.5 from Scott Dubbe to consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S. Perry Pl., on October 23, 2025. APPLICATIONS 8. Special One-Day Liquor Licenses for T Slat to be operated at Augustana University, 2001 South Summit for games on October 10, 11, 17 & 18, 2025. 9. Special One-Day Liquor License for T Slat to be operated on a small portion of Grange Avenue directly between the Elmen Center and Midco Arena, for a Augustana tailgate block party on October 18, 2025. 10. Special One-Day Liquor Licenses for T Slat to be operated at Huether Family Match Pointe, 4210 Bobhalla Drive for a tournament on October 20, 21, 22, 23, 24, 25 & 26, 2025. 11. Special One Day Wine License and Special One-Day Off-Sale Wine License for GBS LLC to be operated at Nordic Hall, 218 West 13th Street for a holiday event on December 6, 2025. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 12. Parcel #76549, for 2024 property taxes in the amount of $1,476.89. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 13. Parcel #75040, for 2021 property taxes in the amount of $511.44. 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. 14. Parcel #75040, for 2022 property taxes in the amount of $497.51. 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 #75040, for 2023 property taxes in the amount of $468.49. 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 #75040, for 2024 property taxes in the amount of $457.68. 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 #51990, for 2024 property taxes in the amount of $1,799.15. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). NOTICE OF HEARINGS 18. Set a date of hearing for Tuesday, October 21, 2025. New 2025-26 Retail Malt Beverage License and New 2025 Retail Wine License for Pomegranate Market, 350 North Reid Place, Suite 100. 19. Set a date of hearing for Tuesday, October 21, 2025. New 2025 Retail Wine License for Classy Nail, 509 West 85th Street. 20. Set a date of hearing for Tuesday, October 21, 2025. New 2026 Retail Wine License for Scheels Iceplex, 4300 North Bobhalla Drive. 21. Set a date of hearing for Tuesday, October 21, 2025. Transfer of 2025-26 Retail Malt Beverage License from Neighborhood Market Co LLC, 4301 East 12th Street, to Neighborhood Market and Restaurant LLC, 4301 East 12th Street. 22. Set a date of hearing for Tuesday, October 21, 2025. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, DECLARING CERTAIN REAL PROPERTY OF THE CITY SURPLUS AND AUTHORIZING THE EXCHANGE OF CITY LAND WITH A PRIVATE LANDOWNER. REGULAR AGENDA 23. APPROVAL OF THE REGULAR AGENDA UNFINISHED BUSINESS 24. 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. 25. Special One-Day Malt Beverage and Wine Licenses for Community Indoor Tennis Center Inc., 4210 Bobhalla Drive, for a fundraiser on October 18, 2025. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 26. 2nd Reading: Deferred from the Meeting of Wednesday, August 6, 2025; Deferred from the City Council Meeting on Wednesday, August 6, 2025 and Tuesday, September 2nd, 2025: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED SOUTH OF W. 69TH ST. AND WEST OF S. BEAL AVE. FROM THE AG AGRICULTURE DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 021361-2025, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0). Private Applicant(s): Empire Companies – Brady Hyde Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for the construction of high-density apartments. This request is associated with SUB-P-021360-2025. Included are letters of opposition. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150: BUILDING, SUBCHAPTER ELECTRICITY, BY ADOPTING THE 2023 NATIONAL ELECTRICAL CODE AND AMENDMENTS THERETO. Sponsor: Mayor Presented By: Planning & Development Services Background & Objective: Updating of the city ordinance to coincide with the state. 28. 2nd 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 Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for future heavy industrial development. 29. 2nd 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 Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for an expansion of the St. Francis House. 30. 2nd 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 Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for the construction of a duplex or a single-family house. 31. 2nd 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 Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for future heavy industrial development. 32. 2nd 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 Presented By: Planning & Development Services Background & Objective: To allow for the existing office use to convert back to a residential use. 33. 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 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 Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for an additional single-family lot. ORDINANCE FIRST READINGS 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION, SUBCHAPTER RETAIL SALES AND SERVICE TAX AND USE TAX REFUND. Recommendation: Set a date of 2nd Reading for Wednesday, October 15, 2025. Sponsor: Mayor Presented By: Planning & Development Services Background & Objective: Proposed amendments to the Sales Tax Refund Program focus the program on desired projects with updated criteria, provide clarity within the ordinance for applicants, and solidify the implementation and administration of the program. 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING REAL PROPERTY BY GIFT AGREEMENT ORDINANCE 98-22. Recommendation: Set a date of 2nd Reading for Tuesday, October 21, 2025. Sponsor: Mayor Presented By: Planning & Development Services Background & Objective: In August 2022, the City of Sioux Falls "gratuitously" conveyed the property (without payment) to SEDF to be developed into Single-Family Housing "by relocating/moving and renovating three existing houses that would otherwise be demolished." Due to change of plans by the owner of the houses that would have been demolished, SEDF split the property into 4 lots instead of 3, and will locate 4 Governor's Homes at the property. This amendment allows this change. HEARINGS AND RESOLUTIONS 36. Deferred from the meeting of Wednesday, August 6, 2025; Deferred from the City Council Meeting on Wednesday, August 6, 2025, and Tuesday, September 2, 2025: A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BRANDT'S 2ND ADDITION. The Planning Commission recommends approval (5-0). Private Applicant(s): Empire Companies - Brady Hyde Presented By: Planning & Development Services Background & Objective: A Preliminary Subdivision Plan for a new high-density residential development. Associated with rezoning case REZ-021361-2025. 37. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA-- ANNEXATION 021609-2025—N.S.P. 2nd Addition. Sponsor: Mayor Presented By: Planning & Development Services Background & Objective: Property owner is requesting annexation into municipal boundaries to develop property; shall be the responsibility of the current or any subsequent owner of said property to provide the additional monetary resources needed. 38. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO 7TH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor Presented By: Parks & Recreation Background & Objective: It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to 7th Ave. in the city of Sioux Falls. 39. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF BENSON'S ADDITION. The Planning Commission recommends approval (3- 0). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic Presented By: Planning & Development Services Background & Objective: The purpose of this rezoning is to allow for future heavy industrial development. 40. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF WALKER'S ADDITION. The Planning Commission recommends approval (3- 0). Private Applicant(s): Sioux Falls Development Foundation – Dean Dziedzic Presented By: Planning & Development Services Background & Objective: To allow for future heavy industrial development. 41. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO VARIOUS CITIZEN BOARDS. Sponsor: Mayor Presented By: Attorney's Office Background & Objective: The resolution appoints/reappoints members to the: Sioux Falls Regional Emergency Medical Services Authority (REMSA) AND Falls Community Health Center Governing Board. 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) 42. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED: September 11, 2025. NEW BUSINESS GENERAL PUBLIC INPUT ADJOURNMENT IF AN ADA ACCOMODATION IS NEEDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 OR CLERKS@SIOUXFALLS.GOV TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION. PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL; AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.GOV FOR MORE INFORMATION.

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