City Council Meeting

MINUTES City Council Meeting Wednesday, November 12, 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 Richard L. Thomason, Council Member David Barranco, Council Member Miranda Basye, Council Member Sarah Cole, Council Member Rich Merkouris, Council Member Jennifer Sigette Absent: Council Member Ryan Spellerberg, Mayor Paul TenHaken 2. INVOCATION • Pastor Charlie Moore, Sunnycrest United Methodist 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 Sigette to approve the Consent Agenda. Roll call vote to approve. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Regular City Council Meeting of Tuesday, November 4, 2025 COMMUNICATIONS 6. Approval of contracts/agreements over $100K on the memorandum dated November 7, 2025. 7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through October 31, 2025. 8. Report of transfer of 2025 Medical Cannabis Dispensary License from The Flower Shop LLC, 2211 West 49th Street, to The Flower Shop LLC, 2211 West 49th Street. The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 9. Parcel #59187, for 2024 property taxes in the amount of $440.53. Reason: Base year was mistakenly set at 2018. It should be base year 2009. 10. Parcel #79230, for 2022 property taxes in the amount of $1,090.86. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 11. Parcel #79230, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran). 12. Parcel #79230, 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). REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Basye and seconded by Council Member Cole to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING OFFER TO PURCHASE REAL ESTATE FROM CITY. Sponsor: Mayor A motion was made by Council Member Thomason and seconded by Council Member Barranco to adopt Ordinance No. 69-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN  AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA CONSERVANCY DISTRICT NOT TO EXCEED $32,761,000. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Barranco to adopt Ordinance No. 70-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING THE CONTINUATION OF THE NAMING OF THE INDOOR AQUATIC CENTER AT SPELLERBERG PARK TO “MIDCO® AQUATIC CENTER,” AND AUTHORIZING THE MAYOR TO ENTER INTO A TEN-YEAR TITLE SPONSORSHIP AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND MIDCONTINENT COMMUNICATIONS. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Barranco to adopt Ordinance No. 71-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 17. A RESOLUTION VACATING A PART OF THE 66-FOOT SECTION LINE RIGHT-OF- WAY LYING EAST OF NORTH SECHSER AVENUE GOING EAST A DISTANCE OF 1,954.07' TO THE WEST LINE OF COUNTY AUDITORS LOT H-1, AS SHOWN ON EXHIBIT A. Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Cole to adopt Resolution No. 93-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 93-25 A RESOLUTION VACATING A PART OF THE 66-FOOT SECTION LINE RIGHT-OF- WAY LYING EAST OF NORTH SECHSER AVENUE GOING EAST A DISTANCE OF 1,954.07' TO THE WEST LINE OF COUNTY AUDITORS LOT H-1, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate public right-of-way has been filed by the owners of the following described property:  A Part of the Northeast Quarter (NE 1/4 ) of Section 24, Township 102 North, Range 50 West of the 5th Principal Meridian, Minnehaha County, South Dakota, lying and being Northeasterly of the Burlington Northern Railroad Right-of-Way, Except County Auditors Lot H-1 contained therein A Part of the West 956.47' of the East 996.47' of the South 562.58' of the Southeast Quarter (SE 1/4) of Section 13, Township 102 North, Range 50 West of the 5th Principal Meridian, Minnehaha County, South Dakota A Part of the West 774.29' of the East 1,770.76' of the South 562.58' of the Southeast Quarter (SE 1/4) of Section 13, Township 102 North, Range 50 West of the 5th Principal Meridian, Minnehaha County, South Dakota A Part of the Southeast Quarter (SE 1/4) of Section 13, Township 102 North, Range 50 West of the 5th Principal Meridian, Minnehaha County, South Dakota, Except Lot H-1 and Except the West 1,730.46' of the East 1,770.76' of the South 562.58' contained therein WHEREAS, the hearing was held on November 12, 2025, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the 66-foot section line right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, 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: 11/12/25. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 18. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA. ANNEXATION 021865-2025—University of Sioux Falls Sponsor: Mayor A motion was made by Council Member Barranco and seconded by Council Member Soehl to adopt Resolution No. 94-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 94-25 ANNEXATION 021865-2025—University of Sioux Falls  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 regarding 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 Cliff Avenue. 4. The property is adjacent to City water for connection. 5. The property can be served by sanitary sewer adjacent to the 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, Lincoln County, SD, and the boundary of the city is hereby extended to include such territory: The North 417.42' of the West 467.42' SW 1/4 NW 1/4 (Except Lot H-1) of Section 13, Township 100 North, Range 50 West; and Lot H-1 in the North 417.42' of the West 467.42' SW 1/4 NW 1/4 of Section 13, Township 100 North, Range 50 West, Lincoln County, South Dakota And that the City Clerk shall cause to be filed with the Register of Deeds, Lincoln County, SD, a duly certified transcript of this resolution. Date adopted: 11/12/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 19. A RESOLUTION TO ESTABLISH AND APPROVE ANGLE PARKING ON NORTH NESMITH AVENUE AS SHOWN ON EXHIBIT A. Sponsor: Mayor A motion was made by Council Member Basye and seconded by Council Member Cole to adopt Resolution No. 96-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed.  RESOLUTION NO. 96-25 A RESOLUTION TO ESTABLISH AND APPROVE ANGLE PARKING ON NORTH NESMITH AVENUE AS SHOWN ON EXHIBIT A. WHEREAS, property owner is requesting that the City establish and approve its request for angle parking on the west side of North Nesmith Avenue, between East 7th Street and East 8th Street. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the resolution to establish angle parking on the west side of North Nesmith Avenue, between East 7th Street and East 8th Street is hereby approved. 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: 11/12/25. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 20. A RESOLUTION APPROVING THE RELEASE OF PART OF A DRAINAGE AND STORM SEWER EASEMENT LOCATED WITHIN LOT 6 IN BLOCK 5 AND LOT 2 IN BLOCK 6 SANCTUARY ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. Private Applicant(s): Oakland Homes & Eastside Acres, LLC A motion was made by Council Member Sigette and seconded by Council Member Barranco to adopt Resolution No. 97-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 97-25 A RESOLUTION APPROVING THE RELEASE OF PART OF A DRAINAGE AND STORM SEWER EASEMENT LOCATED WITHIN LOT 6 IN BLOCK 5 AND LOT 2 IN BLOCK 6 SANCTUARY ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A. WHEREAS, the City of Sioux Falls, SD, no longer needs part of the drainage and storm sewer easement area across the above-described real property, as shown on Exhibit A. Signed approvals from all public and private utilities are on file with the office of the City Engineer. WHEREAS, the drainage and storm sewer easement was established by plat filed in Book 86 of Plats on page 87 in the office of the Register of Deeds for Minnehaha County, SD on April 12, 2024, and was reaffirmed by plat and filed in Book 86 of Plats on page 241 in the office of the Register of Deeds for Minnehaha County, SD on  October 1, 2024, and reaffirmed by surveyor’s affidavit of omission and filed in Book 302 of Miscellaneous on page 796 in the office of the Register of Deeds for Minnehaha County, SD on October 4, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it approves the release of part of the drainage and storm sewer easement, as shown on attached Exhibit A, and affecting the real property described as Lot 6 in Block 5 and Lot 2 in Block 6 Sanctuary Addition to the City of Sioux Falls, Minnehaha County, South Dakota and that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha County, South Dakota, a duly certified transcript of this resolution. Date adopted: 11/12/25. Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk 21. A RESOLUTION ESTABLISHING THE PROCEDURE FOR THE APPOINTMENT TO FILL THE VACANCY OF AT-LARGE CITY COUNCIL MEMBER “A” IN 2025. Sponsors: Council Members Merkouris and Sigette A motion was made by Council Member Sigette and seconded by Council Member Barranco to adopt Resolution No. 95-25. Roll call vote to adopt. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. RESOLUTION NO. 95-25 A RESOLUTION ESTABLISHING THE PROCEDURE FOR THE APPOINTMENT TO FILL THE VACANCY OF AT-LARGE CITY COUNCIL MEMBER “A” IN 2025. WHEREAS, Sarah Cole has submitted her resignation as the At-Large City Council Member “A” to be effective on December 3, 2025; and WHEREAS, Sioux Falls City Charter Section 2.06(d) states that a vacancy in the office of mayor or in the city council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than 60 days upon the occurrence of the vacancy, but the council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the council falls [sic] to do so within 30 days following the occurrence of the vacancy, the city election authorities shall call a special election to fill the vacancy, to be held not sooner than 90 days and not later than 120 days following the occurrence of the vacancy, and to be otherwise governed by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1: In accordance with City Charter Section 2.06(d), the City Council has resolved that, by a majority vote of all its remaining members, it shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term is duly qualified and assumes office. Section 2: All nominations shall be attached to the December 9, 2025, City Council meeting agenda when it is released on Friday, December 5, 2025. The nomination shall include the nominee’s name, legal address, and the City Council members who will make the nomination and second the nomination. To be eligible for consideration, a nominee must be a registered voter of the city who has resided in the city for at least six (6) months immediately prior to December 9, 2025. Section 3: The City Council shall consider the appointment of a new council member at its regular meeting on Tuesday, December 9, 2025, as follows: A. The presiding officer opens nominations. B. Nominations shall be made from the floor and shall be seconded. The council members who made and seconded a nomination shall have the opportunity to speak on behalf of their nominee once the presiding officer reads their nomination aloud. C. A nominee can be withdrawn from consideration at any time. D. The presiding officer shall close nominations after all nominations are made known. E. After nominations are closed, each nominee will have an opportunity to speak in the order of their nomination. F. The public is invited to provide input in accordance with § 30.015. G. Once public input has been concluded, each council member will have an opportunity to discuss the nominations. H. Voting shall be by roll call vote, with each council member stating the name of their preferred nominee. I. A majority of members present will determine the appointment. If any nominee fails to achieve a majority vote of the remaining council members, then a subsequent roll call vote(s) may occur until such time as one nominee achieves a majority vote. If no nominee secures a majority vote of the remaining council members, then the Chair may declare the nominations process closed.  Section 4: Pursuant to SDCL 9-19-13, this resolution is declared to be for the support of the municipal government. It shall therefore become effective upon first publication. Date adopted: 11/12/25 . Paul TenHaken, Mayor ATTEST: Jermery J. Washington, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 22. A 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, December 2, 2025. Private Applicant(s): Reynolds Construction Management - Paul Reynolds A motion was made by Council Member Sigette and seconded by Council Member Cole to set a date of hearing for Tuesday, December 2, 2025 for Item 22. Roll call vote to set a date of hearing. 7 Yes: Soehl, Thomason, Barranco, Basye, Cole, Merkouris, Sigette; 0 No: (None). Motion Passed. NEW BUSINESS There was none. GENERAL PUBLIC INPUT The following items were discussed: an experience of being stopped by law enforcement and having Constitutional rights violated; the difference between a fitness center and a recreation center; and how things aren't free. ADJOURNMENT A motion was made by Council Member Barranco and seconded by Council Member Basye to adjourn at 6:36 p.m. Voice vote to adjourn. 6 Yes: Soehl, Barranco, Basye, Cole, Merkouris, Sigette; 1 No: Thomason. Motion Passed. Denise D. Tucker, MMC, Assistant City Clerk