City Council Meeting
Regular MeetingSioux Falls, SD · May 4, 2022
Minutes
MINUTES
Regular City Council Meeting
Wednesday, May 4, 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 Janet Brekke, Council Member Rick Kiley, Council Member
Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council
Member Pat Starr, Mayor Paul TenHaken
Absent: Council Member Christine M. Erickson, Council Member Alex Jensen
2. INVOCATION
Senior Pastor Rick Carlson, Prairie Hills Covenant Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to approve the Consent Agenda.
Roll call vote to approve. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, April 19, 2022
City Council Meeting of Tuesday, April 19, 2022
Informational Meeting of Tuesday, April 26, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated April 29, 2022.
7. Notice of change orders on the memorandum dated April 29, 2022.
8. Approval of surplus property disposition on the memorandum dated April 15, 2022.
9. Report of Requests for Quotes for Fuel dated: April 14, 2022: Unleaded (8,500
Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels,
Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is
Unleaded $3.3199.
10. Report of Requests for Quotes for Fuel dated: April 18, 2022; Unleaded (6,000
Gallons). Vollan Oil ($3.3585); Howes Oil ($3.3610); and, Cole’s Petroleum ($3.3681).
CHS, Inc., no bid. Bid awarded to: Vollan Oil.
11. Report of Requests for Quotes for Fuel dated: April 22, 2022: Unleaded (5,500
Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels,
Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is
Unleaded $3.3967.
APPLICATIONS
12. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at
the Coliseum, 515 North Main Avenue, for a comedy show on May 7, 2022.
13. Special One-Day Liquor Licenses for T Slat Inc to be operated at the Levitt at the Falls,
504 North Phillips Avenue, on May 25 and June 2-4, 2022.
14. Various Retail Malt Beverage renewals for 2022-2023 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit A.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
15. Parcel #14242, for 2020 property taxes in the amount of $1,018.02. Reason: The
property is exempt from the tax.
16. Parcel #14240, for 2020 property taxes in the amount of $1,449.50. Reason: The
property is exempt from the tax.
17. Parcel #14244, for 2020 property taxes in the amount of $551.50. Reason: The property
is exempt from the tax.
18. Parcel #79099, for 2021 property taxes in the amount of $606.39. 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.
19. Parcel #79099, for 2020 property taxes in the amount of $586.37. 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.
20. Parcel #79099, for 2019 property taxes in the amount of $563.89. 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.
21. Parcel #79099, for 2018 property taxes in the amount of $551.64. 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.
22. Parcel #79099, for 2017 property taxes in the amount of $542.33. 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.
23. Parcel #80513, for 2021 property taxes in the amount of $335.54. 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.
24. Parcel #80513, for 2020 property taxes in the amount of $338.09. 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.
25. Parcel #80513, for 2019 property taxes in the amount of $333.84. 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.
26. Parcel #51023, for 2021 property taxes in the amount of $1,388.82. Reason:
Assessment Freeze for the Elderly and Disabled.
27. Parcel #12431, for 2021 property taxes in the amount of $972.13. Reason: Assessment
Freeze for the Elderly and Disabled.
28. Parcel #48978, for 2021 property taxes in the amount of $668.93. Reason: Assessment
Freeze for the Elderly and Disabled.
29. Parcel #40770, for 2021 property taxes in the amount of $852.73. Reason: Assessment
Freeze for the Elderly and Disabled.
30. Parcel #52564, for 2021 property taxes in the amount of $1.014.24. Reason:
Assessment Freeze for the Elderly and Disabled.
31. Parcel #42487, for 2021 property taxes in the amount of $581.03. Reason: Assessment
Freeze for the Elderly and Disabled.
32. Parcel #49520, for 2021 property taxes in the amount of $698.00. Reason: Assessment
Freeze for the Elderly and Disabled.
33. Parcel #25301, for 2021 property taxes in the amount of $546.72. Reason: Assessment
Freeze for the Elderly and Disabled.
34. Parcel #46597, for 2021 property taxes in the amount of $563.09. Reason: Assessment
Freeze for the Elderly and Disabled.
35. Parcel #50623, for 2021 property taxes in the amount of $1,554.88. Reason:
Assessment Freeze for the Elderly and Disabled.
NOTICE OF HEARINGS
36. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt
Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises
Inc., 5727-5729 East 41st Street (CUP not required).
37. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt
Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises
Inc., 2705 West 12th Street (CUP not required).
38. Set a date of hearing for Tuesday, May 17, 2022. New 2022 Retail Wine & Cider
License and New 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC LLC,
Buffalo Casino, 5005 West 12th Street (CUP not required).
39. Set a date of hearing for Tuesday, May 17, 2022. Request to add video lottery
terminals with the new 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC
LLC, Buffalo Casino, 5005 West 12th Street.
40. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2021-22 Retail Malt
Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License
from Hinkkanen Design & DIY LLC, AR Workshop, 2101 West 41st Street, Suite 29B, to
JTL LLC, AR Workshop, 2101 West 41st Street, Suite 29B.
41. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2022 Retail Liquor
License from Sandtrap Inc., 811 South Marion Road, to Pancakes & More LLC, 2715
West 41st Street (CUP not required).
42. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
T Slat Inc. to be operated at 480 East 69th Street, for a wedding on May 21, 2022.
43. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
T Slat Inc., to be operated at 3400 South Southeastern Avenue, for a retirement party
on May 27, 2022.
44. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
T Slat Inc., to be operated at 2510 East 54th Street North, for a wedding on May 29,
2022.
45. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
Highball LLC to be operated at 401 East 8th Street parking lots for Sioux Falls Pride on
June 18, 2022.
46. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage
License for Panacea Brewing Company to be operated at 401 East 8th Street parking
lots for Sioux Falls Pride on June 18, 2022.
47. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage
License for Friends of the Big Sioux River to be operated at 401 East 8th Street west lot
for 605 Summer Classic on June 25, 2022.
48. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
TNT Entertainment to be operated at 337 North Phillips Avenue for a concert on July 16,
2022.
REGULAR AGENDA
49. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Kiley and seconded by Council Member Soehl
to approve the Regular Agenda.
Roll call vote to approve. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
PETITIONS
50. CONDITIONAL USE PERMIT APPEAL (CU-016085): APPEAL OF CONDITIONAL
USE PERMIT (CU-016085-2022) FOR A BILLBOARD LARGER THAN 288 SQ. FT.
LOCATED AT 3503 S. PHILLIPS AVE. ALONG INTERSTATE-229. The Planning
Commission recommends approval (6-0).
Private Applicant(s): Pride Neon Inc. - Will Brzica
A motion was made by Council Member Brekke and seconded by Council Member
Kiley to approve Item 50 with the following condition: this approval shall include
permission for the applicant to move the sign up to ten feet to the west.
Roll call vote to approve. 5 Yes: Brekke, Kiley, Selberg, Soehl, Starr; 1 No: Neitzert.
Motion Passed.
UNFINISHED BUSINESS
51. New 2022 Retail Liquor License for Bacchus Holdings LLC, 101 North Minnesota
Avenue, with Conditional Use Permit (CU-015979-2022) being approved on March 2,
2022. Pending final inspections per Fire, Health and Building Services.
52. Transfer of 2022 Package Liquor License from AD Association, Shop N Cart East, 4301
East 12th Street, to East Mercato LLC, East Mercato, 4401 East 10th Street (CUP not
required). Pending final inspections per Building Services.
53. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD
Farm Wine License from Storm Clinic Prof LLC, Storm Clinic, 7600 South Minnesota
Avenue, Suite 201, to Thalia Bar LLC, 7000 South Lyncrest Place (CUP not required).
Pending final inspections per Health and Building Services.
54. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD
Farm Wine License from Jacky’s Restaurant LLC, 702 East 8th Street, to T-Juanita
Street Food and Cheladas LLC, 702 East 8th Street. Pending final inspections per
Health.
55. Transfer of 2022 Retail Liquor License from DCK LLC, Club David, 214 West 10th
Street, to Ballard Building Restaurant Co., Club David, 214 West 10th Street.
56. Transfer of 2022 Retail Liquor License from VFW Service Men’s Club, 1700 West
Russell Street, to Washington Pavilion Management Inc., 301 South Main Avenue.
57. Special One Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South
Thompson Avenue, for weddings on May 14 and 21, 2022.
58. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown
Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th
Street, for East Bank Block Parties on June 3, July 1 and August 5, 2022.
59. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Saint Mary
Catholic Church, 2109 South 5th Avenue, for a church social on June 22, 2022.
A motion was made by Council Member Kiley and seconded by Council Member
Selberg to approve Items 51 through 59.
Roll call vote to approve. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
60. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96:
STREETS AND SIDEWALKS, BY ADDING SECTIONS 96.055 THROUGH 96.058.
Sponsor: Mayor
A motion was made by Council Member Kiley and seconded by Council Member
Neitzert to adopt Ordinance No. 50-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
61. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO AN AMENDED AND RESTATED CONDITIONAL
GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE
REDEVELOPMENT OF A PORTION OF FALLS PARK.
Sponsor: Mayor
A motion was made by Council Member Brekke and seconded by Council Member
Soehl to adopt Ordinance No. 51-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
62. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 911 AND 913 W. 6TH ST. FROM THE RT-1 SINGLE-
FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15824 2022, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Adam Asmus
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Ordinance No. 52-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
63. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF INTERSTATE 90 AND WEST OF NORTH
MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT
INDUSTRIAL DISTRICT, NO. 15881-2022, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends
approval (5-0).
Private Applicant(s): Great Hall Properties, LLC - Jonathan Casper
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to adopt Ordinance No. 53-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
64. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. 32ND ST. AND EAST OF S. ELLIS RD. FROM
THE POPUD PEDESTRIAN ORIENTED PUD DISTRICT TO THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR & C-3 COMMERCIAL—
COMMUNITY DISTRICTS, NO. 16090-2022, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Schmitz Kalda and Associates Inc. - Kim Buell
A motion was made by Council Member Selberg and seconded by Council Member
Kiley to adopt Ordinance No. 54-22.
Roll call vote to adopt. 5 Yes: Brekke, Kiley, Selberg, Soehl, Starr; 0 No: (None).
Motion Passed. Neitzert was excused from the meeting and the vote on this item
pursuant to City Ordinance 30.017.
65. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. LINEDRIVE AVE.
FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 16113-2022, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (6-0).
Private Applicant(s): Cynthia Kooistra
A motion was made by Council Member Soehl and seconded by Council Member
Brekke to adopt Ordinance No. 55-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
HEARINGS AND RESOLUTIONS
66. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF SIOUX FALLS DISTRIBUTION ADDITION (16096-2022). The Planning
Commission recommends approval (5-0).
Private Applicant(s): Great Hall Properties, LLC – Jonathan Casper
A motion was made by Council Member Soehl and seconded by Council Member Kiley
to adopt Resolution No. 40-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
RESOLUTION NO. 40-22
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN
OF SIOUX FALLS DISTRIBUTION ADDITION (16096-2022).
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of Sioux Falls Distribution 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: 05/04/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
67. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
(ANNEXATION 016192-2022—DECKER ADDITION).
Private Applicant(s): Luke Decker
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 41-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
RESOLUTION NO. 41-22
ANNEXATION 016192-2022—DECKER 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;
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.
3. There is access to the major street network along S. Torrey Pine Ln.
4. Sanitary sewer will need to be extended from the existing main in E. Torchwood Pl.
5. City water is available from E. Torchwood Pl.
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, Minnehaha County, and the boundary of the city is
hereby extended to include such territory:
Lot 1 (excluding 180') Eitreim’s Tract 1 S1/2 NE1/4 & N1/2 SE1/4 of Section 20,
Township 101 North, Range 48 West of the 5th P.M., Minnehaha County, South
Dakota
And that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County,
SD, a duly certified transcript of this resolution.
Date adopted: 05/04/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
68. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN
INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS
SCULPTUREWALK SIOUX FALLS 2022.
Sponsor: Mayor
A motion was made by Council Member Brekke and seconded by Council Member
Neitzert to adopt Resolution No. 42-22.
Roll call vote to adopt. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
RESOLUTION NO. 42-22
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE PLACEMENT OF
SCULPTURES ON PUBLIC PROPERTY FOR AN INTERNATIONALLY RECOGNIZED
VISUAL ARTS PROGRAM KNOWN AS SCULPTUREWALK SIOUX FALLS 2022.
WHEREAS, the 2022 SculptureWalk program will bring a large number of sculptures to the
central business district for outdoor display; and
WHEREAS, the SculptureWalk program enhances the beauty and culture of the downtown
area for all citizens and visitors to enjoy; and
WHEREAS, 67 of the proposed sculptures will be placed on public right-of-way or other
publicly owned property; and
WHEREAS, the exhibition of public art in the central business district is recommended and
encouraged by the City of Sioux Falls’ 2025 Downtown Plan and the 2014 adopted Sioux
Falls Imagined—A Cultural Plan for a Vibrant and Prosperous City; and
WHEREAS, the SculptureWalk program represents a broad collaboration of individuals and
entities, both public and private, including Downtown Sioux Falls, the Sioux Falls Arts Council,
the Chamber of Commerce, and the City of Sioux Falls; and
WHEREAS, various City department staff and the Sioux Falls Visual Arts Commission have
reviewed the proposed 2022 sculptures and their placements and recommended approval to
the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the placement in public right-of-way and other public property of 67
sculptures, as described by the following:
SCULPTURES ARTISTS
Rice Basket Arthur Nordby
Girls Night Out Arthur Nordby
Parent and Child Albert Rhea
Carpe Carp Christine Knapp
Twisted Pine Dale Lewis
Junkyard Chameleon Dale Lewis
Contradiction Serge Mozhnevsky
Selene Nathan Pierce
Cherry Sung-Hee Min
Populus Deltoides Shawn Skabelund
Prairie Tussocks Tim Adams
Oxbow Tim Adams
First Watch Jade Windell
Once Around the Block Andrew Arvanetes
Rude Awakening Jeff Satter
Perfect Fit Jeff Satter
beyond… Jeff Satter
Harlequin David Skora
Jakey Be Good Scott Schlag
Subterranean Figure Will Vannerson
Bravo Gary Hovey & Jim Perrine
Rain Caller Wendy Myhre
Within the Frame Erin Ward
The Three Graces Ben Hammond
Pose of Inspiration Clark Martinek
Birds Eye View Clark Martinek
High Fliers Craig Snyder
Engulfed Osamede Obazee
Bearin' Down. TR Chytka
Miss Xu Long Hua
Explorer Xu Long Hua
Ancient Protocol Paul Russell
Snowy Owl Denis Kleine
Mourning Peter Vogelaar
Point of Reference x 3 Tim Jorgensen
Stalking Lion Eric Thorsen
Ballerina Fountain Eric Thorsen
Ammonite Eric Thorsen
Hey Boomer Steve Bormes
Winter Hibiscus Leaf Nathan Johansen
Cherry Bark Bouquet Nathan Johansen
Emerging for next year Nathan Johansen
Buffalo Andrew Pudas
Nimrod Alex Mendez
Elk Travis Sorenson
Idyll Luke Achterberg
Span Nest Kyle Fokken
Kirk Seese Alien Artifact
Icosahedron Stuidos
A Spring Celebration Gedion Nyanhongo
Life Lessons Gedion Nyanhongo
Song of Protectedness Gedion Nyanhongo
Mummy Look at Me Gedion Nyanhongo
Mindset Jason Richter
Ancient Game Steven Maeck
Red Reno Carollo
Volteretta Shohini Ghosh
WWI Sioux Code Talker Darwin Wolf
The Calling Sondra Jonson
Great Blue Heron Jon Kamrath
Square Pegs in Round
Hole Jon Kamrath
Avenue Dream Catcher Mark Hall
Abundance Mark Hall
Day's Catch Bobbie Carlyle
Beach Girls Bobbie Carlyle
Endeavor Bobbie Carlyle
Stealth Bobbie Carlyle
Date adopted: 05/04/22 .
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)
69. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
APRIL18, 2022.
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Bob Kolbe spoke about leaked documents.
Nick Anderson spoke about city employee salaries paid by taxpayers.
Sierra Broussard spoke about corruption.
David Zokaites spoke about the divine right.
ADJOURNMENT
A motion was made by Council Member Kiley and seconded by Council Member
Brekke to adjourn the meeting at 7:12 p.m.
Voice vote to adjourn. 6 Yes: Brekke, Kiley, Neitzert, Selberg, Soehl, Starr; 0 No:
(None). Motion Passed.
Tamara Jorgensen, MMC, Assistant City Clerk
Agenda
AGENDA
Regular City Council Meeting
Wednesday, May 4, 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 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
Council Member Curt Soehl
Mayor Paul TenHaken
2. INVOCATION
Senior Pastor Rick Carlson, Prairie Hills Covenant Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, April 19, 2022
City Council Meeting of Tuesday, April 19, 2022
Informational Meeting of Tuesday, April 26, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated April 29, 2022.
7. Notice of change orders on the memorandum dated April 29, 2022.
8. Approval of surplus property disposition on the memorandum dated April 15, 2022.
9. Report of Requests for Quotes for Fuel dated: April 14, 2022: Unleaded (8,500
Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels,
Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is
Unleaded $3.3199.
10. Report of Requests for Quotes for Fuel dated: April 18, 2022; Unleaded (6,000
Gallons). Vollan Oil ($3.3585); Howes Oil ($3.3610); and, Cole’s Petroleum ($3.3681).
CHS, Inc., no bid. Bid awarded to: Vollan Oil.
11. Report of Requests for Quotes for Fuel dated: April 22, 2022: Unleaded (5,500
Gallons). The City of Sioux Falls is purchasing off the State of South Dakota Fuels,
Tankwagon Contract Number 17572, the awarded contractor is Vollan Oil, price paid is
Unleaded $3.3967.
APPLICATIONS
12. Special One-Day Malt Beverage License for Estetica Unisex Mia LLC to be operated at
the Coliseum, 515 North Main Avenue, for a comedy show on May 7, 2022.
13. Special One-Day Liquor Licenses for T Slat Inc to be operated at the Levitt at the Falls,
504 North Phillips Avenue, on May 25 and June 2-4, 2022.
14. Various Retail Malt Beverage renewals for 2022-2023 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit A.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
15. Parcel #14242, for 2020 property taxes in the amount of $1,018.02. Reason: The
property is exempt from the tax.
16. Parcel #14240, for 2020 property taxes in the amount of $1,449.50. Reason: The
property is exempt from the tax.
17. Parcel #14244, for 2020 property taxes in the amount of $551.50. Reason: The property
is exempt from the tax.
18. Parcel #79099, for 2021 property taxes in the amount of $606.39. 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.
19. Parcel #79099, for 2020 property taxes in the amount of $586.37. 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.
20. Parcel #79099, for 2019 property taxes in the amount of $563.89. 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.
21. Parcel #79099, for 2018 property taxes in the amount of $551.64. 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.
22. Parcel #79099, for 2017 property taxes in the amount of $542.33. 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.
23. Parcel #80513, for 2021 property taxes in the amount of $335.54. 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.
24. Parcel #80513, for 2020 property taxes in the amount of $338.09. 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.
25. Parcel #80513, for 2019 property taxes in the amount of $333.84. 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.
26. Parcel #51023, for 2021 property taxes in the amount of $1,388.82. Reason:
Assessment Freeze for the Elderly and Disabled.
27. Parcel #12431, for 2021 property taxes in the amount of $972.13. Reason: Assessment
Freeze for the Elderly and Disabled.
28. Parcel #48978, for 2021 property taxes in the amount of $668.93. Reason: Assessment
Freeze for the Elderly and Disabled.
29. Parcel #40770, for 2021 property taxes in the amount of $852.73. Reason: Assessment
Freeze for the Elderly and Disabled.
30. Parcel #52564, for 2021 property taxes in the amount of $1.014.24. Reason:
Assessment Freeze for the Elderly and Disabled.
31. Parcel #42487, for 2021 property taxes in the amount of $581.03. Reason: Assessment
Freeze for the Elderly and Disabled.
32. Parcel #49520, for 2021 property taxes in the amount of $698.00. Reason: Assessment
Freeze for the Elderly and Disabled.
33. Parcel #25301, for 2021 property taxes in the amount of $546.72. Reason: Assessment
Freeze for the Elderly and Disabled.
34. Parcel #46597, for 2021 property taxes in the amount of $563.09. Reason: Assessment
Freeze for the Elderly and Disabled.
35. Parcel #50623, for 2021 property taxes in the amount of $1,554.88. Reason:
Assessment Freeze for the Elderly and Disabled.
NOTICE OF HEARINGS
36. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt
Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises
Inc., 5727-5729 East 41st Street (CUP not required).
37. Set a date of hearing for Tuesday, May 17, 2022. New 2022-23 Retail Malt
Beverage/SD Farm Wine License, requesting off-sale only, for Stensland Enterprises
Inc., 2705 West 12th Street (CUP not required).
38. Set a date of hearing for Tuesday, May 17, 2022. New 2022 Retail Wine & Cider
License and New 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC LLC,
Buffalo Casino, 5005 West 12th Street (CUP not required).
39. Set a date of hearing for Tuesday, May 17, 2022. Request to add video lottery
terminals with the new 2022-23 Retail Malt Beverage/SD Farm Wine License for 4CC
LLC, Buffalo Casino, 5005 West 12th Street.
40. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2021-22 Retail Malt
Beverage/SD Farm Wine License and Transfer of 2022 Retail Wine & Cider License
from Hinkkanen Design & DIY LLC, AR Workshop, 2101 West 41st Street, Suite 29B, to
JTL LLC, AR Workshop, 2101 West 41st Street, Suite 29B.
41. Set a date of hearing for Tuesday, May 17, 2022. Transfer of 2022 Retail Liquor
License from Sandtrap Inc., 811 South Marion Road, to Pancakes & More LLC, 2715
West 41st Street (CUP not required).
42. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
T Slat Inc. to be operated at 480 East 69th Street, for a wedding on May 21, 2022.
43. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
T Slat Inc., to be operated at 3400 South Southeastern Avenue, for a retirement party
on May 27, 2022.
44. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
T Slat Inc., to be operated at 2510 East 54th Street North, for a wedding on May 29,
2022.
45. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
Highball LLC to be operated at 401 East 8th Street parking lots for Sioux Falls Pride on
June 18, 2022.
46. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage
License for Panacea Brewing Company to be operated at 401 East 8th Street parking
lots for Sioux Falls Pride on June 18, 2022.
47. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Malt Beverage
License for Friends of the Big Sioux River to be operated at 401 East 8th Street west lot
for 605 Summer Classic on June 25, 2022.
48. Set a date of hearing for Tuesday, May 17, 2022. Special One-Day Liquor License for
TNT Entertainment to be operated at 337 North Phillips Avenue for a concert on July 16,
2022.
REGULAR AGENDA
49. APPROVAL OF THE REGULAR AGENDA
PETITIONS
50. CONDITIONAL USE PERMIT APPEAL (CU-016085): APPEAL OF CONDITIONAL
USE PERMIT (CU-016085-2022) FOR A BILLBOARD LARGER THAN 288 SQ. FT.
LOCATED AT 3503 S. PHILLIPS AVE. ALONG INTERSTATE-229. The Planning
Commission recommends approval (6-0).
Private Applicant(s): Pride Neon Inc. - Will Brzica
UNFINISHED BUSINESS
51. New 2022 Retail Liquor License for Bacchus Holdings LLC, 101 North Minnesota
Avenue, with Conditional Use Permit (CU-015979-2022) being approved on March 2,
2022. Pending final inspections per Fire, Health and Building Services.
52. Transfer of 2022 Package Liquor License from AD Association, Shop N Cart East, 4301
East 12th Street, to East Mercato LLC, East Mercato, 4401 East 10th Street (CUP not
required). Pending final inspections per Building Services.
53. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD
Farm Wine License from Storm Clinic Prof LLC, Storm Clinic, 7600 South Minnesota
Avenue, Suite 201, to Thalia Bar LLC, 7000 South Lyncrest Place (CUP not required).
Pending final inspections per Health and Building Services.
54. Transfer of 2022 Retail Wine & Cider License and 2021-22 Retail Malt Beverage/SD
Farm Wine License from Jacky’s Restaurant LLC, 702 East 8th Street, to T-Juanita
Street Food and Cheladas LLC, 702 East 8th Street. Pending final inspections per
Health.
55. Transfer of 2022 Retail Liquor License from DCK LLC, Club David, 214 West 10th
Street, to Ballard Building Restaurant Co., Club David, 214 West 10th Street.
56. Transfer of 2022 Retail Liquor License from VFW Service Men’s Club, 1700 West
Russell Street, to Washington Pavilion Management Inc., 301 South Main Avenue.
57. Special One Day Liquor Licenses for KJT LLC to be operated at The Social, 301 South
Thompson Avenue, for weddings on May 14 and 21, 2022.
58. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown
Sioux Falls Inc., to be operated at 8th & Railroad Centre parking lot, 401 East 8th
Street, for East Bank Block Parties on June 3, July 1 and August 5, 2022.
59. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Saint Mary
Catholic Church, 2109 South 5th Avenue, for a church social on June 22, 2022.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
60. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 96:
STREETS AND SIDEWALKS, BY ADDING SECTIONS 96.055 THROUGH 96.058.
Sponsor: Mayor
61. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO AN AMENDED AND RESTATED CONDITIONAL
GIFTING AND NAMING AGREEMENT FOR A FUTURE CASH GIFT FOR THE
REDEVELOPMENT OF A PORTION OF FALLS PARK.
Sponsor: Mayor
62. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 911 AND 913 W. 6TH ST. FROM THE RT-1 SINGLE-
FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 15824 2022, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Adam Asmus
63. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF INTERSTATE 90 AND WEST OF NORTH
MARION ROAD FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT
INDUSTRIAL DISTRICT, NO. 15881-2022, AND AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends
approval (5-0).
Private Applicant(s): Great Hall Properties, LLC - Jonathan Casper
64. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. 32ND ST. AND EAST OF S. ELLIS RD. FROM
THE POPUD PEDESTRIAN ORIENTED PUD DISTRICT TO THE C-2
COMMERCIAL—NEIGHBORHOOD AND STREETCAR & C-3 COMMERCIAL—
COMMUNITY DISTRICTS, NO. 16090-2022, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Schmitz Kalda and Associates Inc. - Kim Buell
65. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. LINEDRIVE AVE.
FROM THE AG AGRICULTURE DISTRICT TO THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT, NO. 16113-2022, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (6-0).
Private Applicant(s): Cynthia Kooistra
HEARINGS AND RESOLUTIONS
66. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF SIOUX FALLS DISTRIBUTION ADDITION (16096-2022). The Planning
Commission recommends approval (5-0).
Private Applicant(s): Great Hall Properties, LLC – Jonathan Casper
67. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
(ANNEXATION 016192-2022—DECKER ADDITION).
Private Applicant(s): Luke Decker
68. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, APPROVING THE
PLACEMENT OF SCULPTURES ON PUBLIC PROPERTY FOR AN
INTERNATIONALLY RECOGNIZED VISUAL ARTS PROGRAM KNOWN AS
SCULPTUREWALK SIOUX FALLS 2022.
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)
69. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
APRIL18, 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.
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