City Council Meeting
Regular MeetingSioux Falls, SD · January 31, 2022
Minutes
MINUTES
City Council Meeting
Monday, January 31, 2022 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 Pat Starr, Council Member
Janet Brekke, Council Member Christine M. Erickson (via Telecom), Council Member
Alex Jensen, Council Member Rick Kiley (via Telecom), Council Member Greg Neitzert,
Council Member Marshall Selberg (via Telecom), Mayor Paul TenHaken
Absent: None
2. INVOCATION
Jeff Sveness, Direct Line Prayer Partner
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
SIOUXPERHERO Citizen Recognition Award: Nicole Bissell-Hovdestad
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to approve the Consent Agenda.
Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, January 18, 2022
City Council Meeting of Tuesday, January 18, 2022
Informational Meeting of Tuesday, January 25, 2022
Joint City Council / Lincoln County Commission Meeting of Tuesday, January 25,
2022
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated January 27, 2022.
8. Report of Requests for Quotes for Fuel dated January 18, 2022; Dyed Diesel #1 (5,000
Gallons), Dyed Diesel #2 (5,000 Gallons), and Unleaded (6,000 Gallons); Coles
Petroleum (Dyed Diesel #1 $2.988, Dyed Diesel #2 $2.6736, and Unleaded $2.6476);
Howes Oil, Harms Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum.
9. Report of Requests for Quotes for Fuel dated January 24, 2022; Dyed Diesel #1 (2,000
Gallons), Dyed Diesel #2 (2,000 Gallons), and Unleaded (6,500 Gallons); Coles
Petroleum (Dyed Diesel #1 $2.8947, Dyed Diesel #2 $2.6486, and Unleaded $2.6041);
Parkland Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum.
10. Approval of a request from The History Club to consume, but not sell, wine, beer, malt
beverage, and/or liquor at 758 S. Phillips Ave., on the following dates in 2022: February
1, March 1, April 5, May 3, June 7, August 2, September 6, October 4, November 4,
and December 6. The purpose is for membership events.
APPLICATIONS
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
11. Parcel #36362, for 2019 property taxes in the amount of $1,398.75. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
12. Parcel #36362, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
13. Parcel #52067, for 2019 property taxes in the amount of $1,528.55. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
14. Parcel #52067, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
15. Parcel #61578, for 2019 property taxes in the amount of $129.83. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
16. Parcel #61578, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
NOTICE OF HEARINGS
17. Set a date of hearing for Tuesday, February 15, 2022. A RESOLUTION OF INTENT
TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY.
Sponsor: Mayor
REGULAR AGENDA
18. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to approve the Regular Agenda.
A motion was made by Council Member Starr and seconded by Council Member
Brekke to amend the Regular Agenda by changing the name of the meeting from
"Regular" City Council Meeting to "Special" City Council Meeting.
Roll call vote to amend. 0 Yes: (None); 8 No: Soehl, Starr, Brekke, Erickson, Jensen,
Kiley, Neitzert, Selberg. Motion Failed.
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to amend the Regular Agenda by placing Item 51 immediately after Item 45.
Roll call vote to amend. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen,
Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
UNFINISHED BUSINESS
19. New 2022 Retail Liquor License for Commonwealth Gaming & Holdings, Northstar Bar
& Casino, 4305 West 61st Street North (full service restaurant; CUP not required).
20. Request to add video lottery terminals with the New 2022 Retail Liquor License for
Commonwealth Gaming & Holdings, Northstar Bar & Casino, 4305 West 61st Street
North.
21. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, and Transfer of 2022 Retail Wine & Cider License from Nelson
Operating Co, Northstar Bar & Grill, 4305 West 61st Street North, to Commonwealth
Gaming & Holdings, Northstar Bar & Casino II, 4305 West 61st Street North, Suite A.
22. New 2022 Retail Wine & Cider License for Crown Gaming Inc., Crown Casino Central,
1725 South Minnesota Avenue.
23. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine
& Cider License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100,
with Conditional Use Permit (15495-2021) being approved on December 1, 2021.
24. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD
Farm Wine License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100.
25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine
& Cider License for SRS Inc., Heart Connexions, 8509 West 26th Street, with
Conditional Use Permit (15495-2021) being approved on December 1, 2021.
26. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD
Farm Wine License for SRS Inc., Heart Connexions, 8509 West 26th Street.
27. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Cellar 54 LLC, Cellar 54,
720 South Highline Place (CUP not required).
28. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine
& Cider License for Oak & Olive LLC, Roots of Brasil, 201 North Weber Avenue, Suite 1
(CUP not required).
29. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #17, 700 East 54th
Street North (CUP not required).
30. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #18, 2701 South
Minnesota Avenue (CUP not required).
31. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Lucky Krusers, 2101 West 41st Street, Suite 101, to
Access Entertainment Group LLC, Lucky Krusers, 2101 West 41st Street, Suite 101.
32. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, and Transfer of 2022 Retail Wine & Cider License from SRS Inc., East
Connexions, 3233 South Sycamore Avenue, to Access Entertainment Group LLC, East
Connexions, 3233 South Sycamore Avenue.
33. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Connexions South, 6809 South Louise Avenue, to
Access Entertainment Group LLC, Connexions South, 6809 South Louise Avenue.
34. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Connexions Plus, 5415 West 41st Street, to Access
Entertainment Group LLC, Connexions Plus, 5415 West 41st Street.
35. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Connexions, 5409 West 41st Street, to Access
Entertainment Group LLC, Connexions, 5409 West 41st Street.
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to approve Items 19 through 35.
Roll call vote to approve. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: Deferred from the Meeting of Tuesday, January 4, 2022; AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY
LOCATED AT 3801 S. ELMWOOD AVE. FROM THE C-3 COMMERCIAL—
COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY
DISTRICT, NO. 15507-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).
Private Applicant(s): Bob Natz
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to defer Item 36 to the City Council Meeting on Tuesday, March 1, 2022.
Roll call vote to defer. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 7201 S. MINNESOTA AVE. FROM THE C-3
COMMERCIAL—COMMUNITY DISTRICT TO THE O OFFICE DISTRICT, NO. 15535-
2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (4-0).
Private Applicant(s): Sayre Associates - Tyson Hasz
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Ordinance No. 9-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF E. 6TH ST. AND
VETERANS PKWY. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN
AND THE CN CONSERVATION DISTRICTS, NO. 15627-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Mystic Creek, LLC – Preston Mettler
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Ordinance No. 10-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A
PORTION OF THE PROPERTY LOCATED AT 7300 E. 41ST ST. FROM THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICTS, NO. 15634-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Schmitz Kalda And Associates, Inc. – Kim Buell
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to adopt Ordinance No. 11-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S.
RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR AND LW LIVE-WORK DISTRICTS TO THE C-3 COMMERCIAL—
COMMUNITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS, NO. 15655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0).
Private Applicant(s): VanBuskirk Companies - Ryan Tysdal
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to adopt Ordinance No. 12-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 736 S. 1ST AVE. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15656-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Aaron George Properties, LLC – Aaron George
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Ordinance No. 13-22.
Roll call vote to adopt. 7 Yes: Soehl, Starr, Brekke, Jensen, Kiley, Neitzert, Selberg; 0
No: (None). Motion Passed. Erickson was excused from the meeting and the vote on
this item pursuant to City Ordinance 30.017.
42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5211 AND 5217 N. HEALY LN. FROM THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT
INDUSTRIAL DISTRICT, NO. 15686-2021, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends
approval (4-0).
Private Applicant(s): Sterling Real Estate Trust - Mason Kossan
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Ordinance No. 14-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2215 N. WESTPORT AVE. FROM THE C-4
COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT,
NO. 15687-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. The Planning Commission recommends approval (4-0).
Private Applicant(s): Natadman, LLC – Bradley Halverson
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Ordinance No. 15-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF E. 57TH ST. AND
S. DUBUQUE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN
DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 15735-2021, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (4-0).
Private Applicant(s): VanBuskirk Companies - Ryan Tysdal
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Ordinance No. 16-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM
THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—
SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2
TOWNHOME RESIDENTIAL—SUBURBAN, AND RA-2 APARTMENT RESIDENTIAL—
MODERATE DENSITY DISTRICTS, NO. 15101-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): 41Ellis, LLC - Brady Hyde
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to adopt Ordinance No. 17-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Item 51 was heard at this time. See item for action taken.
46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY UPDATING PERMIT AND
INSPECTION FEE EXEMPTIONS TO INCLUDE VETERANS COMMUNITY PROJECT.
Sponsors: Council Members Soehl and Kiley
A motion was made by Council Member Soehl and seconded by Council Member
Brekke to adopt Ordinance No. 18-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
47. 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 Soehl and seconded by Council Member
Brekke to adopt Ordinance No. 8-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY
ORGANIZATIONS, SUBCHAPTER: ARENA/CONVENTION/ENTERTAINMENT
BOARD.
Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, February 8, 2022 for Item 48.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
CORRECTED PERMANENT EASEMENTS.
Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday, February 8, 2022 for Item 49.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
A REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE
OF ELIGIBLE ELDERLY AND DISABLED PERSONS.
Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022.
Sponsors: Council Members Soehl and Starr
A motion was made by Council Member Soehl and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday, February 15, 2022 for Item 50.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Brekke, Erickson,
Jensen, Kiley, Neitzert, Selberg; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
51. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF 41ELLIS ADDITION (15671-2021). The Planning Commission recommends
approval (5-0).
Private Applicant(s): Design and Develop Engineering, LLC – David Jibben
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 5-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 5-22
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN
OF 41ELLIS ADDITION (15671-2021).
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of41 Ellis 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: 01/31/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
52. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 6-22.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 6-22
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
Liz Wheeler Board of Health Reappointed for a term from February
2022 to January 2025.
Delia Druley Board of Historic Preservation Appointed for a term from February 2022
to January 2025 (to replace Rachael
Meyerink).
Alex Halbach Board of Historic Preservation Reappointed for a term from February
2022 to January 2024.
Lynn Remmers Board of Historic Preservation Reappointed for a term from February
2022 to January 2024.
Jesseca Mundahl City Naming Committee Appointed for a term from February 2022
to January 2025.
Christin Koball Falls Community Health Appointed for a term from February 2022
Center Governing Board to January 2025 (to replace Linda
Barkey).
Kerri Tietgen Washington Pavilion Board of Appointed for a term from February 2022
Trustees to May 2023 (to fill the unexpired term of
Dave Knudson).
Jesse Morris Zoning Board of Adjustment Appointed for a term from February 2022
to July 2023 (to fill the unexpired term of
Billy Pollema).
Date adopted: 01/31/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, 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)
53. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
December 30, 2021.
54. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
January 1, 2022.
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
David Zokiates spoke about handcuff safety.
Sierra Brousaard spoke about an update she received regarding an open meeting
violation complaint she had filed.
Carol Garry spoke about water billing for mobile home parks.
Chad Bishop spoke about community immunity policies.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adjourn the meeting at 7:16 p.m.
Voice vote to adjourn. 8 Yes: Soehl, Starr, Brekke, Erickson, Jensen, Kiley, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Tamara Jorgensen, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Monday, January 31, 2022 at 6:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
This meeting can be viewed live on CityLink or online
at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings
CALL TO ORDER
1. MEETING ROLL CALL
Council Member Curt Soehl
Council Member Pat Starr
Council Member Janet Brekke
Council Member Christine M. Erickson
Council Member Alex Jensen
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Mayor Paul TenHaken
2. INVOCATION
Jeff Sveness, Direct Line Prayer Partner
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
SIOUXPERHERO Citizen Recognition Award: Nicole Bissell-Hovdestad
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, January 18, 2022
City Council Meeting of Tuesday, January 18, 2022
Informational Meeting of Tuesday, January 25, 2022
Joint City Council / Lincoln County Commission Meeting of Tuesday, January 25,
2022
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated January 27, 2022.
8. Report of Requests for Quotes for Fuel dated January 18, 2022; Dyed Diesel #1 (5,000
Gallons), Dyed Diesel #2 (5,000 Gallons), and Unleaded (6,000 Gallons); Coles
Petroleum (Dyed Diesel #1 $2.988, Dyed Diesel #2 $2.6736, and Unleaded $2.6476);
Howes Oil, Harms Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum.
9. Report of Requests for Quotes for Fuel dated January 24, 2022; Dyed Diesel #1 (2,000
Gallons), Dyed Diesel #2 (2,000 Gallons), and Unleaded (6,500 Gallons); Coles
Petroleum (Dyed Diesel #1 $2.8947, Dyed Diesel #2 $2.6486, and Unleaded $2.6041);
Parkland Oil, and CHS, all no bid. Bid awarded to: Coles Petroleum.
10. Approval of a request from The History Club to consume, but not sell, wine, beer, malt
beverage, and/or liquor at 758 S. Phillips Ave., on the following dates in 2022: February
1, March 1, April 5, May 3, June 7, August 2, September 6, October 4, November 4,
and December 6. The purpose is for membership events.
APPLICATIONS
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
11. Parcel #36362, for 2019 property taxes in the amount of $1,398.75. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
12. Parcel #36362, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
13. Parcel #52067, for 2019 property taxes in the amount of $1,528.55. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
14. Parcel #52067, for 2020 property taxes in the amount of $2,251.63. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
15. Parcel #61578, for 2019 property taxes in the amount of $129.83. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
16. Parcel #61578, for 2020 property taxes in the amount of $2,251.62. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
NOTICE OF HEARINGS
17. Set a date of hearing for Tuesday, February 15, 2022. A RESOLUTION OF INTENT
TO ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY.
Sponsor: Mayor
REGULAR AGENDA
18. APPROVAL OF THE REGULAR AGENDA
UNFINISHED BUSINESS
19. New 2022 Retail Liquor License for Commonwealth Gaming & Holdings, Northstar Bar
& Casino, 4305 West 61st Street North (full service restaurant; CUP not required).
20. Request to add video lottery terminals with the New 2022 Retail Liquor License for
Commonwealth Gaming & Holdings, Northstar Bar & Casino, 4305 West 61st Street
North.
21. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, and Transfer of 2022 Retail Wine & Cider License from Nelson
Operating Co, Northstar Bar & Grill, 4305 West 61st Street North, to Commonwealth
Gaming & Holdings, Northstar Bar & Casino II, 4305 West 61st Street North, Suite A.
22. New 2022 Retail Wine & Cider License for Crown Gaming Inc., Crown Casino Central,
1725 South Minnesota Avenue.
23. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine
& Cider License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100,
with Conditional Use Permit (15495-2021) being approved on December 1, 2021.
24. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD
Farm Wine License for SRS Inc., Spade Connexions, 8509 West 26th Street, Suite 100.
25. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine
& Cider License for SRS Inc., Heart Connexions, 8509 West 26th Street, with
Conditional Use Permit (15495-2021) being approved on December 1, 2021.
26. Request to add video lottery terminals with the New 2021-22 Retail Malt Beverage/SD
Farm Wine License for SRS Inc., Heart Connexions, 8509 West 26th Street.
27. New 2021-22 Retail Malt Beverage/SD Farm Wine License for Cellar 54 LLC, Cellar 54,
720 South Highline Place (CUP not required).
28. New 2021-22 Retail Malt Beverage/SD Farm Wine License and New 2022 Retail Wine
& Cider License for Oak & Olive LLC, Roots of Brasil, 201 North Weber Avenue, Suite 1
(CUP not required).
29. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #17, 700 East 54th
Street North (CUP not required).
30. New 2022 Package Liquor License for Lewis Drug Inc., Lewis Drug #18, 2701 South
Minnesota Avenue (CUP not required).
31. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Lucky Krusers, 2101 West 41st Street, Suite 101, to
Access Entertainment Group LLC, Lucky Krusers, 2101 West 41st Street, Suite 101.
32. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, and Transfer of 2022 Retail Wine & Cider License from SRS Inc., East
Connexions, 3233 South Sycamore Avenue, to Access Entertainment Group LLC, East
Connexions, 3233 South Sycamore Avenue.
33. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Connexions South, 6809 South Louise Avenue, to
Access Entertainment Group LLC, Connexions South, 6809 South Louise Avenue.
34. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Connexions Plus, 5415 West 41st Street, to Access
Entertainment Group LLC, Connexions Plus, 5415 West 41st Street.
35. Transfer of 2021-22 Retail Malt Beverage/SD Farm Wine License, including video
lottery terminals, from SRS Inc., Connexions, 5409 West 41st Street, to Access
Entertainment Group LLC, Connexions, 5409 West 41st Street.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: Deferred from the Meeting of Tuesday, January 4, 2022; AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY
LOCATED AT 3801 S. ELMWOOD AVE. FROM THE C-3 COMMERCIAL—
COMMUNITY DISTRICT TO THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY
DISTRICT, NO. 15507-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).
Private Applicant(s): Bob Natz
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 7201 S. MINNESOTA AVE. FROM THE C-3
COMMERCIAL—COMMUNITY DISTRICT TO THE O OFFICE DISTRICT, NO. 15535-
2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (4-0).
Private Applicant(s): Sayre Associates - Tyson Hasz
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF E. 6TH ST. AND
VETERANS PKWY. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN
AND THE CN CONSERVATION DISTRICTS, NO. 15627-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Mystic Creek, LLC – Preston Mettler
39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING A
PORTION OF THE PROPERTY LOCATED AT 7300 E. 41ST ST. FROM THE RA-2
APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE-
FAMILY RESIDENTIAL—SUBURBAN AND RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICTS, NO. 15634-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Schmitz Kalda And Associates, Inc. – Kim Buell
40. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 57TH ST. AND EAST AND WEST OF S.
RATELIFF AVE. FROM THE C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR AND LW LIVE-WORK DISTRICTS TO THE C-3 COMMERCIAL—
COMMUNITY AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS, NO. 15655-2021, AND AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0).
Private Applicant(s): VanBuskirk Companies - Ryan Tysdal
41. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 736 S. 1ST AVE. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15656-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (4-0).
Private Applicant(s): Aaron George Properties, LLC – Aaron George
42. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5211 AND 5217 N. HEALY LN. FROM THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT
INDUSTRIAL DISTRICT, NO. 15686-2021, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends
approval (4-0).
Private Applicant(s): Sterling Real Estate Trust - Mason Kossan
43. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 2215 N. WESTPORT AVE. FROM THE C-4
COMMERCIAL—REGIONAL DISTRICT TO THE I-1 LIGHT INDUSTRIAL DISTRICT,
NO. 15687-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. The Planning Commission recommends approval (4-0).
Private Applicant(s): Natadman, LLC – Bradley Halverson
44. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF E. 57TH ST. AND
S. DUBUQUE AVE. FROM THE RD-2 TOWNHOME RESIDENTIAL—SUBURBAN
DISTRICT TO THE LW LIVE-WORK DISTRICT, NO. 15735-2021, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (4-0).
Private Applicant(s): VanBuskirk Companies - Ryan Tysdal
45. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. 41ST ST. AND WEST OF S. ELLIS RD. FROM
THE AG AGRICULTURE DISTRICT TO THE RS SINGLE-FAMILY RESIDENTIAL—
SUBURBAN, RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN, RD-2
TOWNHOME RESIDENTIAL—SUBURBAN, AND RA-2 APARTMENT RESIDENTIAL—
MODERATE DENSITY DISTRICTS, NO. 15101-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): 41Ellis, LLC - Brady Hyde
46. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY UPDATING PERMIT AND
INSPECTION FEE EXEMPTIONS TO INCLUDE VETERANS COMMUNITY PROJECT.
Sponsors: Council Members Soehl and Kiley
47. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
OFFER TO PURCHASE REAL ESTATE FROM CITY.
Sponsor: Mayor
ORDINANCE FIRST READINGS
48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 32: CITY
ORGANIZATIONS, SUBCHAPTER: ARENA/CONVENTION/ENTERTAINMENT
BOARD.
Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022.
Sponsor: Mayor
49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
CORRECTED PERMANENT EASEMENTS.
Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022.
Sponsor: Mayor
50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
A REFUND OF MUNICIPAL PROPERTY TAXES ON THE PRINCIPAL RESIDENCE
OF ELIGIBLE ELDERLY AND DISABLED PERSONS.
Recommendation: Set a date of 2nd Reading for Tuesday, February 8, 2022.
Sponsors: Council Members Soehl and Starr
HEARINGS AND RESOLUTIONS
51. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF 41ELLIS ADDITION (15671-2021). The Planning Commission recommends
approval (5-0).
Private Applicant(s): Design and Develop Engineering, LLC – David Jibben
52. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
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)
53. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
December 30, 2021.
54. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
January 1, 2022.
NEW BUSINESS
GENERAL PUBLIC INPUT
ADJOURNMENT
The City Council may include such other business as may come before this body.
UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE
CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) 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.ORG FOR MORE INFORMATION.
Get email alerts for Sioux Falls
A daily email when new agendas and minutes are posted.