City Council Meeting
Regular MeetingSioux Falls, SD · November 15, 2022
Minutes
MINUTES
City Council Meeting
Tuesday, November 15, 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 Greg Neitzert, Council Member Marshall Selberg, Council
Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco,
Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich
Merkouris, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Reverend Brett Best, Emmanuel Baptist Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Pat Starr to place Item 8 on the Regular
Agenda.
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to approve the Consent Agenda.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 8, 2022
City Council Meeting of Tuesday, November 8, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 10, 2022.
7. Approval of a request pursuant to SDCL 35-1-5.5 from Cody Raterman to consume, but
not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August
26, 2023, for the following purpose: wedding anniversary celebration.
APPLICATIONS
8. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License
renewals for 2023 to be operated at various locations in the City of Sioux Falls, SD,
identified as Exhibit B.
A motion was made by Council Member Starr and seconded by Council Member Cole
to approve Item 8.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
NOTICE OF HEARINGS
9. Set a date of hearing for Tuesday, December 6, 2022. New 2022-23 Retail Malt
Beverage License and 2023 Retail Wine License for Hollywood Style, 3301 East 26th
Street, Suite 113.
10. Set a date of hearing for Tuesday, December 6, 2022. Transfer of 2022 Retail Wine
License for Black Cat Art Studio, 1412 West 41st Street, to Black Cat Art Studio, 2101
West 41st Street, Suite 43.
11. Set a date of hearing for Tuesday, December 6, 2022. Renewal of 2023 Retail Wine
License for Black Cat Art Studio, 2101 West 41st Street, Suite 43.
12. Set a date of hearing for Tuesday, December 6, 2022. Various Retail Liquor, Package
Liquor, Package Delivery and Retail Wine License renewals for 2023 to be operated at
various locations in the City of Sioux Falls, SD, identified as Exhibit E.
REGULAR AGENDA
13. 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. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
Item 8 was heard at this time. See item for action taken.
UNFINISHED BUSINESS
14. New 2022-23 Retail Malt Beverage License for Tomacelli’s Pizza and Player’s Club,
2909 East 10th Street, Suite 1.
15. Requesting to add video lottery terminals with the 2022-23 Retail Malt Beverage
License for Tomacelli’s Pizza and Player’s Club, 2909 East 10th Street, Suite 1.
16. New 2023 Retail Wine license for Chef Jenni & Co, 3638 South Southeastern Avenue.
17. Special One-Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be
operated at 4712 East Alpine Circle, for a fundraiser on December 16, 2022.
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to approve Items 14-17.
Roll call vote to approve. 5 Yes: Selberg, Soehl, Barranco, Jensen, Merkouris; 3 No:
Neitzert, Starr, Cole. Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Barranco to adopt Ordinance No. 129-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
19. 2nd 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.”
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Cole to adopt Ordinance No. 130-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF STREETS NAMED WITHIN THE SIOUX FALLS PUBLIC SAFETY
CAMPUS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Neitzert to adopt Ordinance No. 131-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
21. 2nd 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.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Cole to adopt Ordinance No. 132-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
FIRST AMENDMENT TO GRANT OF PERMANENT EASEMENT FOR A ROADWAY.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to adopt Ordinance No. 133-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
23. 2nd 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.”
Sponsors: Council Members Neitzert and Merkouris
A motion was made by Council Member Neitzert and seconded by Council Member
Merkouris to adopt Ordinance No. 134-22.
A motion was made by Council Member Merkouris and seconded by Council Member
Jensen to amend by replacing 160 with 186 in §111.031(a).
Roll call vote to amend. 6 Yes: Selberg, Soehl, Starr, Barranco, Jensen, Merkouris; 2
No: Neitzert, Cole. Motion Passed.
Roll call vote to adopt, as amended. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco,
Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
24. 2nd 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.”
Sponsors: Council Members Merkouris and Neitzert
A motion was made by Council Member Merkouris and seconded by Council Member
Neitzert to adopt Ordinance No. 135-22.
A motion was made by Council Member Merkouris and seconded by Council Member
Jensen to amend Section 111.021 (a)(1) by adding, “to connect no more than three
licensed premises” after “….no greater than 48 inches in width and 80 inches tall” and
adding a new section (b), “Notwithstanding §111.021 (a)(1), if the number of wine and
malt beverage premises sharing connections for employees and refrigerated air exceed
section §111.021(a)(1), and were approved prior to the effective date of this ordinance,
the licensed premises may continue to operate with the number of licensed premises at
the effective date of this ordinance. Those licenses in operation prior to the effective
date of this ordinance at the existing premises as set forth in this subsection may be
transferred to a new licensee who operates at the same, existing premises”.
Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco,
Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. 33RD ST. AND WEST OF S. CANYON AVE.
FROM THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT TO THE CN
CONSERVATION DISTRICT, NO. 17281-2022, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): Savanna Development LLP – Brian Jackson
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Tuesday, December 6, 2022 for Item 25.
Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Starr, Barranco,
Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Soehl was not present for the
vote on this motion.
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 4705 W. BOETEL PL. FROM THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT, NO. 17282-2022, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): Veldhouse Construction Inc. – Caleb Veldhouse
A motion was made by Council Member Neitzert and seconded by Council Member
Barranco to set a date of 2nd Reading for Tuesday, December 6, 2022 for Item 26.
Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Merkouris; 0 No: (None). Motion Passed. Jensen was not present for
the vote on this motion.
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. MADISON ST. AND WEST OF VETERANS
PKWY. FROM THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—
MODERATE DENSITY, O OFFICE, AND THE C-2 COMMERCIAL—NEIGHBORHOOD
AND STREETCAR DISTRICTS TO THE RA-1 APARTMENT RESIDENTIAL— LOW
DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, LW LIVE-WORK, O
OFFICE, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS, NO. 17285-2022, AND AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): Foss Fields Development Co. – Joel Ingle
A motion was made by Council Member Selberg and seconded by Council Member
Cole to set a date of 2nd Reading for Tuesday, December 6, 2022 for Item 27.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1200 E. 77TH ST. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 17305-
2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): McDaniel Properties LLC – Ross McDaniel
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, December 6, 2022 for Item 28.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION.
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Barranco to set a date of 2nd Reading for Tuesday, December 6, 2022 for Item 29.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL
PROPERTY MAINTENANCE CODE AND AMENDMENTS THERETO.
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 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, December 6, 2022 for Item 30.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
31. A RESOLUTION DECLARING THE RESULT OF THE VOTE UPON THE INITIATED
ORDINANCE TO PROHIBIT THE CONSTRUCTION OR PERMITTING OF NEW
SLAUGHTERHOUSES WITHIN THE CITY LIMITS AT THE GENERAL ELECTION
HELD ON TUESDAY, NOVEMBER 8, 2022.
Sponsors: Council Members Soehl and Jensen
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 137-22.
Roll call vote to adopt. 7 Yes: Neitzert, Selberg, Soehl, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed. Starr was not present for the vote on this
motion.
RESOLUTION NO. 137-22
A RESOLUTION DECLARING THE RESULT OF THE VOTE UPON THE INITIATED
ORDINANCE TO PROHIBIT THE CONSTRUCTION OR PERMITTING OF NEW
SLAUGHTERHOUSES WITHIN THE CITY LIMITS AT THE GENERAL ELECTION
HELD ON TUESDAY, NOVEMBER 8, 2022.
WHEREAS, there was held a General Election on November 8, 2022, at which election
there was submitted to the voters of Sioux Falls the initiated ordinance, “An ordinance
of the City of Sioux Falls, SD, to prohibit the construction or permitting of new
slaughterhouses within the city limits”; and
WHEREAS, the City Council of the City of Sioux Falls met pursuant to law on Tuesday,
November 15, 2022, at Carnegie Town Hall, 235 West 10th Street, Sioux Falls, SD, at
6 p.m., to canvass the votes cast at said election upon said initiated ordinance; and
WHEREAS, a total of 71,838 votes were cast upon said initiated ordinance, of which
34,231 votes were cast in favor of said initiated ordinance and 37,607 votes were cast
against said initiated ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That “An ordinance of the City of Sioux Falls, SD, to prohibit the construction or
permitting of new slaughterhouses within the city limits” did not receive a majority of
votes cast in its favor at the General Election and is hereby declared disapproved.
Date adopted: 11/15/22 .
Paul TenHaken, Mayor
ATTEST:
Denise D. Tucker, Asst. City Clerk
for Thomas Greco, City Clerk
32. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR
TUESDAY, FEBRUARY 7, 2023, TO MONDAY, FEBRUARY 6, 2023.
Sponsors: Council Members Soehl and Jensen
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 138-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
RESOLUTION NO. 138-22
A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR
TUESDAY, FEBRUARY 7, 2023, TO MONDAY, FEBRUARY 6, 2023.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the business to be conducted at the City Council meeting scheduled for 6 p.m. on
Tuesday, February 7, 2023, will be rescheduled to 6 p.m. on Monday, February 6,
2023.
This resolution is necessary as February 7, 2023, is the date of travel for City Council
members and the start of events for the 2023 Municipal Government Day at the State
Legislature in Pierre, SD.
The corresponding Informational Meeting will be rescheduled as noted above.
Date adopted: 11/15/22 .
Paul TenHaken, Mayor
ATTEST:
Denise D. Tucker, Asst. City Clerk
for Thomas Greco, City Clerk
33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Neitzert and seconded by Council Member
Merkouris to adopt Resolution No. 139-22.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
RESOLUTION NO. 139-22
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
Nathan Brandt Electrical Board of Appointed for a term from November
Appeals and 2022 to September 2025 (to fill the
Examiners unexpired term of Darrell Bren).
Linda Hunt Falls Community Appointed for a term from November
Health Center 2022 to November 2025 (to replace
Governing Board Cynthia Binkerd).
Delmi Lopez Cruz Falls Community Appointed for a term from November
Health Center 2022 to January 2025 (to fill the
Governing Board unexpired term of Christin Koball).
Amy Parlet Infrastructure Appointed for a term from November
Review Advisory 2022 to March 2023 (to fill the
Board unexpired term of Aaron Meyer;
serving as alternate representing the
Contractors Association).
Date adopted: 11/15/22 .
Paul TenHaken, Mayor
ATTEST:
Denise D. Tucker, Asst. City Clerk
for 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)
34. AUDIT REPORT 21-05: ASM GLOBAL MANAGEMENT AGREEMENT
35. AUDIT REPORT 22-01: GOLF MANAGEMENT AGREEMENT
36. AUDIT REPORT 22-02: UTILITY BILLING CASH HANDLING
37. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
October 31, 2022.
NEW BUSINESS
Mayor Paul TenHaken recognized a group of Augustana University students.
GENERAL PUBLIC INPUT
Chester Deyoung spoke about the service he has received from City staff; and about a
full sanitary sewer manhole near his home.
ADJOURNMENT
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to adjourn at 8:24 p.m.
Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
Denise D. Tucker, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, November 15, 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 Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member David Barranco
Council Member Sarah Cole
Council Member Alex Jensen
Council Member Rich Merkouris
Mayor Paul TenHaken
2. INVOCATION
Reverend Brett Best, Emmanuel Baptist Church
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 8, 2022
City Council Meeting of Tuesday, November 8, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 10, 2022.
7. Approval of a request pursuant to SDCL 35-1-5.5 from Cody Raterman to consume, but
not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on August
26, 2023, for the following purpose: wedding anniversary celebration.
APPLICATIONS
8. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License
renewals for 2023 to be operated at various locations in the City of Sioux Falls, SD,
identified as Exhibit B.
NOTICE OF HEARINGS
9. Set a date of hearing for Tuesday, December 6, 2022. New 2022-23 Retail Malt
Beverage License and 2023 Retail Wine License for Hollywood Style, 3301 East 26th
Street, Suite 113.
10. Set a date of hearing for Tuesday, December 6, 2022. Transfer of 2022 Retail Wine
License for Black Cat Art Studio, 1412 West 41st Street, to Black Cat Art Studio, 2101
West 41st Street, Suite 43.
11. Set a date of hearing for Tuesday, December 6, 2022. Renewal of 2023 Retail Wine
License for Black Cat Art Studio, 2101 West 41st Street, Suite 43.
12. Set a date of hearing for Tuesday, December 6, 2022. Various Retail Liquor, Package
Liquor, Package Delivery and Retail Wine License renewals for 2023 to be operated at
various locations in the City of Sioux Falls, SD, identified as Exhibit E.
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.
13. APPROVAL OF THE REGULAR AGENDA
UNFINISHED BUSINESS
Unfinished Business includes select items that have come over from a previous meeting and do not
otherwise belong under a subsequent heading on the agenda. Pending motions may also be included under
Unfinished Business.
Actions: Presentation, Public Comment (five minutes for items up for final consideration; otherwise three
minutes), Council Questions, Motion, Debate, Vote (vote required varies by item type).
14. New 2022-23 Retail Malt Beverage License for Tomacelli’s Pizza and Player’s Club,
2909 East 10th Street, Suite 1.
15. Requesting to add video lottery terminals with the 2022-23 Retail Malt Beverage
License for Tomacelli’s Pizza and Player’s Club, 2909 East 10th Street, Suite 1.
16. New 2023 Retail Wine license for Chef Jenni & Co, 3638 South Southeastern Avenue.
17. Special One-Day Off-Sale Wine License for Rotary Club of Sioux Falls West to be
operated at 4712 East Alpine Circle, for a fundraiser on December 16, 2022.
INTRODUCTION AND ADOPTION OF ORDINANCES
The title of each ordinance is 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)).
18. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF INTERIOR ROOMS ON PUBLIC PROPERTY.
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."
19. 2nd 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.”
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".
20. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
THE NAMING OF STREETS NAMED WITHIN THE SIOUX FALLS PUBLIC SAFETY
CAMPUS.
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.
21. 2nd 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.
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.
22. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING
FIRST AMENDMENT TO GRANT OF PERMANENT EASEMENT FOR A ROADWAY.
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.
23. 2nd 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.”
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.
24. 2nd 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.”
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.
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).
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. 33RD ST. AND WEST OF S. CANYON AVE.
FROM THE RS SINGLE-FAMILY RESIDENTIAL— SUBURBAN DISTRICT TO THE CN
CONSERVATION DISTRICT, NO. 17281-2022, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): Savanna Development LLP – Brian Jackson
Background & Objective: The purpose of this application is to rezone a drainage area
to CN for eventual dedication to the City drainage system.
26. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 4705 W. BOETEL PL. FROM THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT, NO. 17282-2022, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): Veldhouse Construction Inc. – Caleb Veldhouse
Background & Objective: The purpose of this rezone is to allow for the construction of
a single-family house.
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. MADISON ST. AND WEST OF VETERANS
PKWY. FROM THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN, RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN, RA-2 APARTMENT RESIDENTIAL—
MODERATE DENSITY, O OFFICE, AND THE C-2 COMMERCIAL—NEIGHBORHOOD
AND STREETCAR DISTRICTS TO THE RA-1 APARTMENT RESIDENTIAL— LOW
DENSITY, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY, LW LIVE-WORK, O
OFFICE, AND C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR
DISTRICTS, NO. 17285-2022, AND AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): Foss Fields Development Co. – Joel Ingle
Background & Objective: This rezone is to allow for an updated layout of future
commercial, office, and multi-family development.
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1200 E. 77TH ST. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 17305-
2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Private Applicant(s): McDaniel Properties LLC – Ross McDaniel
Background & Objective: This rezoning is to allow for the expansion of the parking lot
of the adjacent chiropractic office.
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION.
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Sponsor: Mayor
Background & Objective: The proposed changes are a result of the work done by
Downtown Sioux Falls, Inc. on the Main Street Sioux Falls Business Improvement
District Growth Plan. The Plan proposes additional and enhanced services to best
position downtown for growth and to address common issues. Additional funding would
be generated by these proposed amendments to achieve the additional and enhanced
services.
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY ADOPTING THE 2021 INTERNATIONAL
PROPERTY MAINTENANCE CODE AND AMENDMENTS THERETO.
Recommendation: Set a date of 2nd Reading for Tuesday, December 6, 2022.
Sponsor: Mayor
Background & Objective: The ordinance adopts the 2021 International Property
Maintenance Code.
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).
31. A RESOLUTION DECLARING THE RESULT OF THE VOTE UPON THE INITIATED
ORDINANCE TO PROHIBIT THE CONSTRUCTION OR PERMITTING OF NEW
SLAUGHTERHOUSES WITHIN THE CITY LIMITS AT THE GENERAL ELECTION
HELD ON TUESDAY, NOVEMBER 8, 2022.
Sponsors: Council Members Soehl and Jensen
Background & Objective: Pursuant to SDCL 9-13-24, the governing body is required
to canvass the result of the initiated ordinance. Per SDCL 9-20-5, an initiated measure
does not become operative unless approved by a majority of votes cast. The initiated
ordinance did not receive a majority of votes cast for approval and is therefore
disapproved.
32. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE
BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR
TUESDAY, FEBRUARY 7, 2023, TO MONDAY, FEBRUARY 6, 2023.
Sponsors: Council Members Soehl and Jensen
Background & Objective: Members of the City Council will be attending events
associated with Municipal Government Day at the State Legislature on February 7,
2023, which is also a Council Meeting date. The resolution changes the meeting date
to February 6, 2023. City Ordinance Section 30.001(d) requires the Council to pass a
resolution changing any meeting date prescribed by Section 30.001(b).
33. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
Background & Objective: The resolution appointments members to the Electrical
Board of Appeals and Examiners, Falls Community Health Center Governing Board,
and Infrastructure Review Advisory Board.
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED
APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR
ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION
5.07(d)
These items are read into the record with no action taken by the City Council. Some reports are formally
presented.
34. AUDIT REPORT 21-05: ASM GLOBAL MANAGEMENT AGREEMENT
35. AUDIT REPORT 22-01: GOLF MANAGEMENT AGREEMENT
36. AUDIT REPORT 22-02: UTILITY BILLING CASH HANDLING
37. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED
October 31, 2022.
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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