City Council Meeting
Regular MeetingSioux Falls, SD · November 8, 2022
Minutes
MINUTES
City Council Meeting
Tuesday, November 8, 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 Rich Merkouris, Council Member Greg Neitzert, Council
Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco,
Council Member Sarah Cole, Council Member Alex Jensen, Mayor Paul TenHaken
Absent: Council Member Marshall Selberg
2. INVOCATION
The Rev. Dr. Christina O'Hara, Rector, Church of the Good Shepherd Episcopal
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to approve the Consent Agenda.
Roll call vote to approve. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole,
Jensen; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 1, 2022
Regular City Council Meeting of Tuesday, November 1, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 4, 2022.
7. Notice of change orders on the memorandum dated November 4, 2022.
REGULAR AGENDA
8. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to approve the Regular Agenda.
Roll call vote to approve. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole,
Jensen; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
9. 2nd Reading: Deferred from the Meeting of Tuesday, November 1, 2022; AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY
LOCATED AT 2600 W. 57TH ST. FROM THE O OFFICE DISTRICT TO THE CN
CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY
DISTRICT, NO. 17164-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).
Private Applicant(s): DGR Engineering – Jesse Morris
A motion was made by Council Member Jensen and seconded by Council Member
Cole to adopt Ordinance No. 128-22.
Roll call vote to adopt. 6 Yes: Merkouris, Neitzert, Soehl, Barranco, Cole, Jensen; 1 No:
Starr. Motion Passed.
10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A
LEASE OF CITY REAL PROPERTY.
Sponsor: Mayor
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to adopt Ordinance No. 126-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES,
SECTION 41.008: PUBLIC FACILITY TICKET FEES.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Ordinance No. 127-22.
Roll call vote to adopt. 6 Yes: Merkouris, Neitzert, Soehl, Barranco, Cole, Jensen; 1 No:
Starr. Motion Passed.
12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A SIOUX FALLS STADIUM LEASE AGREEMENT
BETWEEN THE CITY OF SIOUX FALLS AND TRUE NORTH SPORTS, LLC.
Sponsor: Mayor
A motion was made by Council Member Merkouris and seconded by Council Member
Barranco to adopt Ordinance No. 125-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
A motion was made by Council Member Barranco and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 13.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE RENAMING OF THE “WELLS FARGO CINEDOME” TO “WELLS FARGO
CINEDOME AND SWEETMAN PLANETARIUM.”
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
A motion was made by Council Member Neitzert and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 14.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF STREETS NAMED WITHIN THE SIOUX FALLS PUBLIC SAFETY
CAMPUS.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 15.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE ISSUANCE OF ITS WATER SYSTEM REVENUE BOND, IN ONE OR MORE
SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE
USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING
THE DRINKING WATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF
SAID WATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WATER
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 WATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA
CONSERVANCY DISTRICT NOT TO EXCEED $12,500,000.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 16.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
FIRST AMENDMENT TO GRANT OF PERMANENT EASEMENT FOR A ROADWAY.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Cole to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 17.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111 BY ADDING
SECTION 111.031, “NUMBER OF VIDEO LOTTERY MACHINE PLACEMENTS
AUTHORIZED”; SECTION 111.032, “VIDEO LOTTERY PLACEMENT APPLICATION
PROCEDURE”; SECTION 111.033, “PROCEDURE FOR ADDITIONAL VIDEO
LOTTERY MACHINE PLACEMENTS,” AND SECTION 111.034, “APPLICABILITY;
EFFECTIVE DATE.”
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsors: Council Members Neitzert and Merkouris
A motion was made by Council Member Neitzert and seconded by Council Member
Merkouris to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 18.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC
BEVERAGES; SECTION 111.021, “RESTRICTIONS ON ISSUANCE OF MALT
BEVERAGE RETAILER LICENSES.”
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsors: Council Members Merkouris and Neitzert
A motion was made by Council Member Merkouris and seconded by Council Member
Neitzert to set a date of 2nd Reading for Tuesday, November 15, 2022 for Item 19.
Roll call vote to set a date of 2nd Reading. 7 Yes: Merkouris, Neitzert, Soehl, Starr,
Barranco, Cole, Jensen; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
20. A RESOLUTION VACATING A PART OF COUNTY AUDITOR’S LOT H-1 LOCATED
WITHIN THE NORTH 400.00 FEET OF THE SOUTH 450.00 FEET OF THE EAST
1007.59 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 35,
TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA
COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A.
Private Applicant(s): Ronning Real Estate, LLC
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Resolution No. 131-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
RESOLUTION NO. 131-22
A RESOLUTION VACATING A PART OF COUNTY AUDITOR’S LOT H-1 LOCATED
WITHIN THE NORTH 400.00 FEET OF THE SOUTH 450.00 FEET OF THE EAST
1007.59 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 35,
TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA
COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A.
WHEREAS, a petition to vacate city right-of-way has been filed by the owners of the
following described property:
Lot 29 in Block 12, Summer Hill South Addition to the City of Sioux Falls,
Minnehaha
County, South Dakota
North 400.00 feet of the South 450.00 feet of the East 1007.59 feet of the
Southeast Quarter (SE1/4) of Section 35, Township 101 North, Range 49 West of the
5th P.M.,
Minnehaha County, South Dakota, except platted lands contained therein
WHEREAS, the hearing was held on November 8, 2022, 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 County Auditor’s Lot H-1 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: 11/08/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
21. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT
EASEMENT LOCATED IN VACATED S. SYCAMORE AVE. RIGHT-OF-WAY LYING
WITHIN THE WEST 23.00 FEET OF THE EAST 33.00 FEET OF THE NORTH 400.00
FEET OF THE SOUTH 450.00 FEET OF THE EAST 1007.59 FEET OF THE
SOUTHEAST QUARTER (SE1/4) OF SECTION 35, TOWNSHIP 101 NORTH, RANGE
49 WEST OF THE 5TH PM, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN
ON EXHIBIT A.
Private Applicant(s): Ronning Real Estate, LLC
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Resolution No. 132-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
RESOLUTION NO. 132-22
A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT
EASEMENT LOCATED IN VACATED S. SYCAMORE AVE. RIGHT-OF-WAY LYING
WITHIN THE WEST 23.00 FEET OF THE EAST 33.00 FEET OF THE NORTH 400.00
FEET OF THE SOUTH 450.00 FEET OF THE EAST 1007.59 FEET OF THE
SOUTHEAST QUARTER (SE1/4) OF SECTION 35, TOWNSHIP 101 NORTH,
RANGE 49 WEST OF THE 5TH PM, MINNEHAHA COUNTY, SOUTH DAKOTA, AS
SHOWN ON EXHIBIT A.
WHEREAS, the City of Sioux Falls, SD no longer needs a permanent 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; and
WHEREAS, the permanent utility easement was established by Resolution 175-07 and
filed in Book 258 of Miscellaneous on page 550 in the office of the Register of Deeds
for Minnehaha County, SD, on December 11, 2007;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of a permanent easement area, as shown on Exhibit A,
and affecting the real property described as that part of the vacated S. Sycamore Ave.
right-of-way lying within the West 23.00 feet of the East 33.00 feet of the North 400.00
feet of the South 450.00 feet of the East 1007.59 feet of the Southeast Quarter (SE1/4)
of Section 35, Township 101 North, Range 49 West of the 5th PM, 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: 11/08/22.
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
22. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY
EASEMENT LOCATED IN TRACT 1 OF SUMMER HILL LIFT ADDITION TO THE
CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA.
Private Applicant(s): Ronning Real Estate, LLC
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adopt Resolution No. 133-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
RESOLUTION NO. 133-22
A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY
EASEMENT LOCATED IN TRACT 1 OF SUMMER HILL LIFT ADDITION TO THE
CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA.
WHEREAS, the City of Sioux Falls, SD no longer needs the permanent utility 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; and
WHEREAS, the permanent utility easement was established by plat filed in Book 59 of
Plats on page 136 in the office of the Register of Deeds for Minnehaha County, SD, on
July 11, 1997;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of the permanent utility easement, as shown on Exhibit A,
and affecting the real property described as Tract 1 of Summer Hill Lift 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: 11/08/22.
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
23. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 60-22.
Sponsor: Mayor
A motion was made by Council Member Merkouris and seconded by Council Member
Neitzert to adopt Resolution No. 134-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
RESOLUTION NO. 134-22
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 60-22.
WHEREAS, on June 7, 2022, the City Council of the City of Sioux Falls adopted
Resolution No. 60-22 to include certain contiguous territory within the corporate limits of
the city of Sioux Falls, SD; and
WHEREAS, the annexation map boundaries have been approved by the City Council;
and
WHEREAS, the legal description as set forth in Resolution 60-22 was not accurate;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the legal description as set forth in Resolution 60-22 hereby is amended to read
as follows:
Tract 5 and 6 of Willow Ridge Addition in the NW1/4 of Section 17, Township
101 North, Range 48 West of the 5th P.M. including adjacent E. Madison
Street right-of-way; all in 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: 11/08/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
24. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
ANNEXATION 017123-2021—RUNGE’S ADDITION
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Cole to adopt Resolution No. 135-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
RESOLUTION NO. 135-22
ANNEXATION 017123-2021—RUNGE’S ADDITION
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
WHEREAS, there has been presented to the City Council of the City of Sioux Falls and
filed with the City Clerk, a Petition in writing signed by the owners and otherwise in
compliance with the provisions of SDCL Chapter 9-4, requesting that the territory
hereinafter described be included within the municipality; and
WHEREAS, there has been an analysis completed 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 E. 60th St. N.
4. Sanitary sewer is available for this development.
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:
Runge’s Tract 3A in the NE1/4 of Section 35, Township 102 North, Range 49 West
of the 5th PM, Minnehaha County, South Dakota
TRACT 4 (EX LOT A) RUNGE’S ADDITION NW1/4 Section 35, Township 102
North, Range 49 West of the 5th PM, 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: 11/08/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
25. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
ANNEXATION 017259-2022—KNOCHENMUS ADDITION
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to adopt Resolution No. 136-22.
Roll call vote to adopt. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole, Jensen;
0 No: (None). Motion Passed.
RESOLUTION NO. 136-22
ANNEXATION 017259-2022—KNOCHENMUS ADDITION
A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
WHEREAS, there has been presented to the City Council of the City of Sioux Falls and
filed with the City Clerk, a Petition in writing signed by the owners and otherwise in
compliance with the provisions of SDCL Chapter 9-4, requesting that the territory
hereinafter described be included within the municipality; and
WHEREAS, there has been an analysis completed 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 E. Paddington St.
4. Sanitary sewer is available for this development.
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:
Tracts 1-3 of Highway 100 Addition in the NW1/4 of Section 7, T 101 N, R 48
W; including adjacent Veterans Parkway right-of-way; 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: 11/08/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
David Zokaites spoke about TSA pat-downs.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to adjourn at 7:52 p.m.
Voice vote to adjourn. 7 Yes: Merkouris, Neitzert, Soehl, Starr, Barranco, Cole,
Jensen; 0 No: (None). Motion Passed.
Denise D. Tucker, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, November 8, 2022 at 6:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
Council Member Rich Merkouris
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council MemberDavid Barranco
Council Member Sarah Cole
Council Member Alex Jensen
Mayor Paul TenHaken
2. INVOCATION
The Rev. Dr. Christina O'Hara, Rector, Church of the Good Shepherd Episcopal
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council
with one vote. Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council
member, an item may be removed from the consent agenda and placed on the regular agenda whenever
that council member believes additional discussion on the item is necessary”. Items removed from the
Consent Agenda are typically considered after Approval of the Regular Agenda.
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 1, 2022
Regular City Council Meeting of Tuesday, November 1, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 4, 2022.
7. Notice of change orders on the memorandum dated November 4, 2022.
REGULAR AGENDA
The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular
Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up
for consideration are presented and public comment is taken prior to the making of motions.
For Regular Agenda items, comments 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.
8. APPROVAL OF THE REGULAR AGENDA
INTRODUCTION AND ADOPTION OF ORDINANCES
The title of all ordinances are read twice with at least five days intervening between the first and second
reading (SDCL 9-19-7).
ORDINANCE SECOND READINGS
Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous
meeting.
Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five
affirmative votes by members of the Council for adoption of ordinances (some ordinances require six
affirmative votes for adoption)).
9. 2nd Reading: Deferred from the Meeting of Tuesday, November 1, 2022; AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY
LOCATED AT 2600 W. 57TH ST. FROM THE O OFFICE DISTRICT TO THE CN
CONSERVATION AND RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY
DISTRICT, NO. 17164-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).
Private Applicant(s): DGR Engineering – Jesse Morris
Background & Objective: A request to rezone to allow the development of high-
density residential apartments.
10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A
LEASE OF CITY REAL PROPERTY.
Sponsor: Mayor
Background & Objective: Lease Agreement to allow for a five year lease of property
for use by the Minnehaha Conservation District (MCD) for Community Gardens on land
owned by the City near W 72nd Street and N Ditch Ave (5 acre plot). MCD wishes to
promote an Urban Agriculture Demonstration/Education Space in this area.
11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 41: FEES,
SECTION 41.008: PUBLIC FACILITY TICKET FEES.
Sponsor: Mayor
Background & Objective: Updates the Public Facility Ticket Fee ordinance by
removing the specific fee for Sioux Falls Canaries Baseball and instead assigning a fee
of up to $5 per ticket for all city-owned venues for which the public facility fee applies, an
increase from the previous $3 maximum. Ordinance also directs a portion of the
additional fee collected to the Sioux Falls Sports Authority for purposes of promoting
and attracting major events to the Events Center Complex.
12. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A SIOUX FALLS STADIUM LEASE AGREEMENT
BETWEEN THE CITY OF SIOUX FALLS AND TRUE NORTH SPORTS, LLC.
Sponsor: Mayor
Background & Objective: Ordinance authorizes the Mayor to execute and updated
lease with True North Sports, LLC for the Sioux Falls Baseball Stadium for purposes of
Canaries baseball games. Original lease dates back to 1999 and included an original
twenty-year term and (2) five-year extensions. Updated lease term is five years, with (2)
one-year extensions. End of lease date with extensions mirrors original lease
(December 31, 2029).
ORDINANCE FIRST READINGS
The City Council typically sets the date of second reading for ordinances listed as first readings.
Actions: Presentation, Public Comment (three minutes), Council Questions, Motion, Debate, Vote (majority
of members present).
13. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
Background & Objective: The application to name four interior rooms of Startup Sioux
Falls meet the following criteria of the naming ordinance for 30.070(b)(1) NAMING OR
RENAMING OF OTHER CITY PROPERTY: Demonstrated excellence of contributions
to the City's development, community service, personal sacrifice for public service or
national defense, or efforts to foster equality among the citizens of the city. In
accordance with Chapter 30 of the Code of Ordinances of Sioux Falls, SD, the City
approves the naming of four interior rooms "Weisser Distributing Collaboration Room,"
"Kurt Loudenback Private Office," "Eide Bailly Private Office," and "First Bank & Trust
Private Office."
14. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE RENAMING OF THE “WELLS FARGO CINEDOME” TO “WELLS FARGO
CINEDOME AND SWEETMAN PLANETARIUM.”
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
Background & Objective: Application 2022-4 was submitted by Washington Pavilion
Management, Inc., Sioux Falls, on behalf of the Sioux Falls Area Community Foundation
to the City of Sioux Falls (the "City") for naming certain spaces within the Washington
Pavilion. Washington Pavilion, Inc., and the Sioux Falls Area Community Foundation
(the "Parties") will enter into a "Conditional Grant Agreement for a Future Grant to
Establish a Planetarium at the Washington Pavilion".
15. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF STREETS NAMED WITHIN THE SIOUX FALLS PUBLIC SAFETY
CAMPUS.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
Background & Objective: The Sioux Falls Public Safety Campus is located at 4300 E.
60th St. N., Sioux Falls, SD, to honor and commemorate Public Servants who have lost
their lives in service to the City of Sioux Falls. In accordance with Chapter 30 of the
Code of Ordinances of Sioux Falls, SD, the City approves the naming of four streets,
"Larson Street," "Masters Street," "Saville Avenue," and "Pike Avenue," located at the
Sioux Falls Public Safety Campus.
16. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE ISSUANCE OF ITS WATER SYSTEM REVENUE BOND, IN ONE OR MORE
SERIES, TO THE SOUTH DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE
USE OF THE PROCEEDS THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING
THE DRINKING WATER SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF
SAID WATER SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WATER
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 WATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA
CONSERVANCY DISTRICT NOT TO EXCEED $12,500,000.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
Background & Objective: This ordinance authorizes the City to coordinate with the
Department of Agriculture and Natural Resources on the issuance of bonds and execute
a loan agreement for two Drinking Water projects. The projects will be funded using
State Revolving Funds (SRF) loans.
17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
FIRST AMENDMENT TO GRANT OF PERMANENT EASEMENT FOR A ROADWAY.
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsor: Mayor
Background & Objective: These amendments are to existing permanent easements
granted to Steel District, LLC. The amendments allow the addition of utilities within the
easement areas.
18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111 BY ADDING
SECTION 111.031, “NUMBER OF VIDEO LOTTERY MACHINE PLACEMENTS
AUTHORIZED”; SECTION 111.032, “VIDEO LOTTERY PLACEMENT APPLICATION
PROCEDURE”; SECTION 111.033, “PROCEDURE FOR ADDITIONAL VIDEO
LOTTERY MACHINE PLACEMENTS,” AND SECTION 111.034, “APPLICABILITY;
EFFECTIVE DATE.”
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsors: Council Members Neitzert and Merkouris
Background & Objective: The proposal limits the number of video lottery placements
for malt beverage and wine licensed establishments to 160. The authorized number of
video lottery machine placements will increase every even numbered year based on
population growth. When the additional lottery placements become available, the
ordinance provides for a lottery.
19. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 111: ALCOHOLIC
BEVERAGES; SECTION 111.021, “RESTRICTIONS ON ISSUANCE OF MALT
BEVERAGE RETAILER LICENSES.”
Recommendation: Set a date of 2nd Reading for Tuesday, November 15, 2022.
Sponsors: Council Members Merkouris and Neitzert
Background & Objective: The proposed ordinance clarifies 111.021 by stating that
there can be no more than three malt beverage/wine premises that share an opening for
employees, refrigeration, etc., but is not accessible to the public.
HEARINGS AND RESOLUTIONS
Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no
action required for said item.
Actions: Presentation, Public Comment (five minutes for items up for final consideration; three minutes
otherwise), Council Questions, Motion, Debate, Vote (majority of members present on most items).
20. A RESOLUTION VACATING A PART OF COUNTY AUDITOR’S LOT H-1 LOCATED
WITHIN THE NORTH 400.00 FEET OF THE SOUTH 450.00 FEET OF THE EAST
1007.59 FEET OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 35,
TOWNSHIP 101 NORTH, RANGE 49 WEST OF THE 5TH P.M., MINNEHAHA
COUNTY, SOUTH DAKOTA, AS SHOWN ON EXHIBIT A.
Private Applicant(s): Ronning Real Estate, LLC
Background & Objective: This H-Lot was dedicated adjacent to S. Sycamore Ave.
Section Line R.O.W. Sycamore Ave. alignment has been shifted to the East and this H-
Lot is no longer needed for public benefit.
21. A RESOLUTION APPROVING THE RELEASE OF PART OF A PERMANENT
EASEMENT LOCATED IN VACATED S. SYCAMORE AVE. RIGHT-OF-WAY LYING
WITHIN THE WEST 23.00 FEET OF THE EAST 33.00 FEET OF THE NORTH 400.00
FEET OF THE SOUTH 450.00 FEET OF THE EAST 1007.59 FEET OF THE
SOUTHEAST QUARTER (SE1/4) OF SECTION 35, TOWNSHIP 101 NORTH, RANGE
49 WEST OF THE 5TH PM, MINNEHAHA COUNTY, SOUTH DAKOTA, AS SHOWN
ON EXHIBIT A.
Private Applicant(s): Ronning Real Estate, LLC
Background & Objective: Sycamore Avenue section line right-of-way was vacated in
2007 and utility easements were reserved. This petition is to release a portion of the
utility easement which no longer serves a purpose for public or private utilities.
22. A RESOLUTION APPROVING THE RELEASE OF A PERMANENT UTILITY
EASEMENT LOCATED IN TRACT 1 OF SUMMER HILL LIFT ADDITION TO THE
CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA.
Private Applicant(s): Ronning Real Estate, LLC
Background & Objective: Utility easement was dedicated with plat of Tract 1 for a
sewer lift station in 1997. The lift station was abandoned in 2007 and utility easement
no longer serves any public purpose. The property owner is requesting to release the
easement and remove the encumbrance from the property for future development.
23. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, CORRECTING THE LEGAL
DESCRIPTION OF ANNEXATION RESOLUTION NO. 60-22.
Sponsor: Mayor
Background & Objective: The range number was incorrect within the legal description
- it was listed as 49 instead of 48.
24. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
ANNEXATION 017123-2021—RUNGE’S ADDITION
Sponsor: Mayor
Background & Objective: The property owner is requesting to annex into municipal
boundaries this 49 acre contiguous parcel to develop into industrial uses.
25. A RESOLUTION INCLUDING CERTAIN CONTIGUOUS TERRITORY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
ANNEXATION 017259-2022—KNOCHENMUS ADDITION
Sponsor: Mayor
Background & Objective: The petitioner is requesting to annex the contiguous 44
acre parcel into city limits in order to develop a mixed use urban project.
NEW BUSINESS
During consideration of new business, the Mayor or any two City Council members may bring before the
City Council any business that person feels should be deliberated upon by the City Council. These matters
can be added to the agenda by a vote of six City Council members and will be considered under new
business. Formal action on these matters shall be deferred until a subsequent City Council meeting, unless
consideration is necessary for the immediate preservation of the public peace, health or safety of the
municipal government. If the City Council chooses to take immediate action on the newly calendared
agenda item, an affirmative vote of six members of the Council is required for approval. (City Ordinance
§30.014(d)).
GENERAL PUBLIC INPUT
During General Public Input, comments shall last no more than three minutes per person and comments are
limited to topics which do not involve agenda items appearing earlier in the agenda as comments will have
already been received for those items (City Ordinance §30.015).
ADJOURNMENT
A motion to adjourn is decided without debate and without the need for a roll call vote.
Actions: Motion and Voice Vote
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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