City Council Meeting
Regular MeetingSioux Falls, SD · December 20, 2022
Minutes
MINUTES
City Council Meeting
Tuesday, December 20, 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 Pat Starr (dep. 6:55 p.m.), Council Member David Barranco,
Council Member Sarah Cole, Council Member Alex Jensen, Council Member Rich
Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg, Council
Member Curt Soehl, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Pastor Layne Nelson, East Side Lutheran Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Starr to place Sub-Items 6 and 7 from Agenda
Item 6 on the Regular Agenda for Council Discussion ((Sub-Item 6 from Agenda Item 6:
Planning and Development Services; USD Discovery District Grant Agreement
between the City and the USD Discovery District providing for a $4 million grant from
the City of Sioux Falls for the construction and operation of a biomedical innovation
facility in Sioux Falls) (Sub-Item 7 from Agenda Item 6: Human Resources:
Administrative Services Agreement; Financial renewal to memorialize the fees already
agreed upon; UMR; No change in pricing.)) See Agenda Item 6 for action taken.
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: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, December 13, 2022
City Council Meeting of Tuesday, December 13, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated December 16, 2022.
A motion was made by Council Member Starr and seconded by Council Member Soehl
to approve Sub-Item 6 from Agenda Item 6 (Planning and Development Services; USD
Discovery District Grant Agreement between the City and the USD Discovery District
providing for a $4 million grant from the City of Sioux Falls for the construction and
operation of a biomedical innovation facility in Sioux Falls).
Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
A motion was made by Council Member Jensen and seconded by Council Member
Starr to approve Sub-Item 7 from Agenda Item 6 (Human Resources: Administrative
Services Agreement; Financial renewal to memorialize the fees already agreed upon;
UMR; No change in pricing).
Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
APPLICATIONS
7. Renewal of 2023 Restaurant On-Sale Liquor License for Plaza Azteca Mexican
Restaurant, 3500 West 69th Street.
8. Renewal of 2023 Retail Wine License for New Tokyo Cuisine, 4825 South Louise
Avenue.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
9. Parcel #54455, for 2021 property taxes in the amount of $1,284.04. Reason: The
property is exempt from the tax.
NOTICE OF HEARINGS
10. Set a date of hearing for Tuesday, January 3, 2023. New 2023 Retail Wine License
for Square on Main LLC, Maribella, 360 South Main Avenue.
11. Set a date of hearing for Tuesday, January 3, 2023. Special One-Day Liquor License
for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for an
event on January 28, 2023.
12. Set a date of hearing for Tuesday, January 3, 2023. Special One-Day Malt Beverage
License for Saint Michael’s Parish, 1600 South Marion Rad, for a fundraiser on February
11, 2023.
13. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103.
14. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104.
15. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 103.
16. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103.
17. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104.
18. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for Corner Pantry 32-B, 400 North West Avenue, Suite B.
19. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for Corner Pantry 32-B, 400
North West Avenue, Suite B.
20. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for 777 Casino East, 3601 South Minnesota Avenue.
21. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for 777 Casino East, 3601
South Minnesota Avenue.
22. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for 777 Casino East B, 3601 South Minnesota Avenue, Suite B.
23. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for 777 Casino East B, 3601
South Minnesota Avenue, Suite B.
24. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for 777 Casino East C, 3601 South Minnesota Avenue, Suite C.
25. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for 777 Casino East C, 3601
South Minnesota Avenue, Suite C.
REGULAR AGENDA
26. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to approve the Regular Agenda.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to amend by separating Items 27 through 95 into four distinct groups for
consideration by the Council: First, 27 and 28; second, 29 – 39; third, 40, 42, and all
even numbers from 46 through 94; and, fourth, 41, 43, 44, and all odd-numbered items
from 45 through 95.
Roll call vote to amend. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
Sub-Items 6 & 7 from Agenda Item 6 were heard at this time. See Agenda Item 6 for
action taken.
UNFINISHED BUSINESS
27. Deferred from the meeting of Tuesday, December 6, 2022; Renewal of 2023
Package Liquor License and Renewal of 2023 Retail Wine License for Shop N Cart
North, 1029 North Minnesota Avenue.
28. Deferred from the meeting of Tuesday, December 6, 2022; Renewal of 2023
Package Liquor License for Smokin’ Deals, 1604 East 10th Street.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Items 27 and 28.
Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
29. New 2022-23 Retail Malt Beverage License, off-sale use only, for Get N Go #23, 4801
South Sycamore Avenue.
30. New 2022-23 Retail Malt Beverage License and New 2023 Retail Wine License for La
Plaza Fiesta, 521 West 85th Street.
31. Transfer of 2022 Retail Liquor License from Initiative Investments LLC, 1105 North
Minnesota Avenue, to The Hideout, 1213 North Cliff Avenue.
32. Transfer of 2022 Retail Liquor License from SRS Inc, The Sandbar, 2310 South Marion
Road, Suite 100, to Joshua VanDyke, Sandbar & Grill, 2310 South Marion Road, Suite
100.
33. Transfer of 2022 Package Liquor License from JKB Enterprises, J & K Kwik Stop, 1200
East 10th Street, to The Gold Mine Inc, 3505 East 10th Street, Suite 1.
34. Renewal of 2023 Package Liquor License for The Gold Mine Inc, 3505 East 10th Street,
Suite 1.
35. Transfer of 2022 Package Liquor License from Stern Oil Co Inc, 49er, 3501 West 49th
Street, to Cioux LLC, 3501 West 49th Street.
36. Transfer of 2022 Retail Liquor License from Alpine II LLC, Alpine Sports Bar & Casino
2, 212 South Sneve Avenue, Suite 102, to MG Oil Company, Alpine Sports Bar &
Casino 2, 212 South Sneve Avenue, Suite 102.
37. Transfer of 2022 Package Liquor License from Tinners, 449 West 69th Street, to T180,
2101 West 69th Street, Suite 107.
38. Special One-Day Liquor License for KJT LLC to be operated at The Social, 301 South
Thompson Avenue, for weddings on September 23 and December 31, 2023.
39. Special One-Day Off-Sale Wine License for American Heart Association to be operated
at The District, 4521 West Empire Place, for a fundraiser on February 3, 2023.
A motion was made by Council Member Merkouris and seconded by Council Member
Jensen to approve Agenda Items 29 through 39.
A motion was made by Council Member Merkouris and seconded by Council Member
Barranco to amend Agenda Item 38 by striking 2022 and inserting 2023.
Roll call vote to amend. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
The following items, through 95, have been re-ordered to reflect the amendment made
to the Regular Agenda.
40. New 2022-23 Retail Malt Beverage License for Deuces Casino, 3401 West 85th Street,
Suite C.
42. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street,
Suite 300.
46. New 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings,
151 East 4th Place, Suite 100A.
48. New 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings,
151 East 4th Place, Suite 100B.
50. New 2022-23 Retail Malt Beverage License for Deuces Casino, 510 South Valley View
Road, Suite 3.
52. New 2022-23 Retail Malt Beverage License for Deuces Casino, 5115 East Arrowhead
Parkway, Suite 103.
54. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street,
Suite 101.
56. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street,
Suite 102.
58. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street,
Suite 103.
60. New 2022-23 Retail Malt Beverage License for Paradise Casino Central III, 1821 West
12th Street, Suite C.
62. New 2022-23 Retail Malt Beverage License for Crown Cliff Casino III, 902 South Cliff
Avenue, Suite 103.
64. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street.
66. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street,
Suite 1.
68. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street,
Suite 2.
70. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail,
Suite 101.
72. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail,
Suite 102.
74. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail,
Suite 103.
76. New 2022-23 Retail Malt Beverage License for JS Entertainment Inc, 2819 East 10th
Street, Suite 101.
78. New 2022-23 Retail Malt Beverage License for Woody’s Holdings Inc, 900 South
Marion Road, Suite 102.
80. New 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th
Street.
82. New 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th
Street.
84. New 2022-23 Retail Malt Beverage License for Connexions South 2, 6801 South Louise
Avenue, Suite 2.
86. New 2023 Retail Wine License and New 2022-23 Retail Malt Beverage License for East
Connexions 2, 3233 South Sycamore Avenue, Suite 2.
88. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff
Avenue, Suite 1.
90. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff
Avenue, Suite 2.
92. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff
Avenue, Suite 3.
94. New 2023-24 Retail Malt Beverage License for B & D Group Investments LLC, 5400
West University Trail.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Items 40, 42 and even numbered items from 46 through 94.
Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
41. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 3401 West 85th Street, Suite C.
43. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 4655 East 57th Street, Suite 300.
44. Request for video lottery placement to an existing 2022-23 Retail Malt Beverage
License for Remedy Brewing Company, 611 North West Avenue.
45. Request for video lottery placement to existing 2022-23 Retail Malt Beverage License
for Deuces Casino, 6010 South Cliff Avenue, Suite 103.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Items 41, 43, 44, and 45.
Roll call vote to approve. 5 Yes: Barranco, Jensen, Merkouris, Selberg, Soehl; 3 No:
Starr, Cole, Neitzert. Motion Passed.
47. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100A.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Item 47.
Roll call vote to approve. 8 Yes: Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg, Soehl; 0 No: (None). Motion Passed.
49. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100B.
51. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 510 South Valley View Road, Suite 3.
53. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 5115 East Arrowhead Parkway, Suite 103.
55. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 4600 East 41st Street, Suite 101.
57. Request for video lottery placement with the 2022-23 Retail Malt Beverage for 2022-23
Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 102.
59. Request for video lottery placement with the 2022-23 Retail Malt Beverage for 2022-23
Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 103.
61. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Paradise Casino Central III, 1821 West 12th Street, Suite C.
63. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Crown Cliff Casino III, 902 South Cliff Avenue, Suite 103.
A motion was made by Council Member Neitzert and seconded by Council Member
Jensen to approve odd-numbered Agenda Items from 49 through 63.
Roll call vote to approve. 5 Yes: Barranco, Jensen, Merkouris, Selberg, Soehl; 3 No:
Starr, Cole, Neitzert. Motion Passed.
65. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Falls Casino, 3505 East 10th Street.
67. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Falls Casino, 3505 East 10th Street, Suite 1.
69. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Falls Casino, 3505 East 10th Street, Suite 2.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Items 65, 67, and 69.
Roll call vote to approve. 5 Yes: Barranco, Jensen, Merkouris, Selberg, Soehl; 3 No:
Starr, Cole, Neitzert. Motion Passed.
71. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Triple J Inc, 7400 East Oak Gove Trail, Suite 101.
73. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Triple J Inc, 7400 East Oak Gove Trail, Suite 102.
75. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Triple J Inc, 7400 East Oak Gove Trail, Suite 103.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Items 71, 73, and 75.
Roll call vote to approve. 5 Yes: Barranco, Jensen, Merkouris, Selberg, Soehl; 3 No:
Starr, Cole, Neitzert. Motion Passed.
77. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
JS Entertainment Inc, 2819 East 10th Street, Suite 101.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve Agenda Item 77.
Roll call vote to approve. 5 Yes: Barranco, Jensen, Merkouris, Selberg, Soehl; 3 No:
Starr, Cole, Neitzert. Motion Passed.
It was noted at this point that 20 video lottery placements have been approved, bringing
the total number to 186 which is the total number authorized per City Ordinance
Section 111.031.
79. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Woody’s Holdings Inc, 900 South Marion Road, Suite 102.
81. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Corner Pub & Casino, 2400 East 6th Street.
83. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Corner Pub & Casino, 2404 East 6th Street.
85. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Connexions South 2, 6801 South Louise Avenue, Suite 2.
87. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
East Connexions 2, 3233 South Sycamore Avenue, Suite 2.
89. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Dakota Player’s Club, 4200 North Cliff Avenue, Suite 1.
91. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Dakota Player’s Club, 4200 North Cliff Avenue, Suite 2.
93. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Dakota Player’s Club, 4200 North Cliff Avenue, Suite 3.
95. Request for video lottery placement with the 2023-24 Retail Malt Beverage License for
B & D Group Investments LLC, 5400 West University Trail.
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to approve odd-numbered Agenda Items 79 through 95.
Roll call vote to approve. 0 Yes: (None); 8 No: Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg, Soehl. Motion Failed.
Council Member Pat Starr departed the meeting to attend a family event.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
96. 2nd Reading: Deferred from the meeting of Tuesday, December 6, 2022; AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF
ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Selberg to adopt Ordinance No. 142-22.
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to amend Section 37.110(a) by striking $1.00 and inserting $0.50.
Roll call vote to amend. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 7 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
97. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY ADDING A DEFINITION TO
SECTION 53.001 DEFINITIONS OF CHAPTER 53 PUBLICLY OWNED TREATMENT
WORKS.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Cole to adopt Ordinance No. 143-22.
Roll call vote to adopt. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
98. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF W. 5th ST. AND EAST OF W. VIOLA CT. FROM
THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 17234-2022, 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, January 3, 2023.
Private Applicant(s): Kelly Nielson Construction - Lexi Ricci
A motion was made by Council Member Selberg and seconded by Council Member
Merkouris to set a date of 2nd Reading for Tuesday, January 3, 2023 for Item 98.
Roll call vote to set a date of 2nd Reading. 6 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed. Soehl was not present for the vote on
this motion.
99. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY SOUTH OF W. 41ST ST. & WEST OF S. RONSIEK AVE. FROM THE AG
AGRICULTURE DISTRICT TO THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN
AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO.
17329-2022, 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, January 3, 2023.
Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to set a date of 2nd Reading for Tuesday, January 3, 2023 for Item 99.
Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
100. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF 60TH ST. N AND WEST OF N. VELOCITY AVE.
FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL
DISTRICT, NO. 17437-2022, 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, January 3, 2023.
Private Applicant(s): Dump Truck Leasing, Inc. - Michael Runge
A motion was made by Council Member Soehl and seconded by Council Member
Neitzert to set a date of 2nd Reading for Tuesday, January 3, 2023 for Item 100.
Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
101. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 9041 E. 10TH ST. FROM THE AG AGRICULTURE, CN
CONSERVATION, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN
DISTRICTS TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT, NO.
17438-2022, 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, January 3, 2023.
Private Applicant(s): Norman Engineering, Inc.
A motion was made by Council Member Selberg and seconded by Council Member
Barranco to set a date of 2nd Reading for Tuesday, January 3, 2023 for Item 101.
Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
102. 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, January 3, 2023.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Cole to set a date of 2nd Reading for Tuesday, January 3, 2023 for Item 102.
Roll call vote to set a date of 2nd Reading. 7 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
103. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN
STANDARDS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to adopt Resolution No. 145-22.
Roll call vote to adopt. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
RESOLUTION NO. 145-22
A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN
STANDARDS.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City of Sioux Falls Engineering Design Standards adopted by Resolution 148-
21 are hereby amended by revising Chapter 10, Water Mains; Chapter 12, Erosion and
Sediment Control; and Chapter 15, Roadway Lighting. The revised chapters are
attached to this resolution by reference.
Date adopted: 12/20/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
104. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT
GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR
REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to adopt Resolution No. 146-22.
Roll call vote to adopt. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
RESOLUTION NO. 146-22
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT
GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR
REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS.
WHEREAS, the City of Sioux Falls desires the preservation and rehabilitation of the
bridge hereinafter described:
Structure No. 50-183-195, located on westbound lanes of Russell Street, West of
Kiwanis Avenue and over the Big Sioux River
Structure No. 50-183-196, located on eastbound lanes of Russell Street, West of
Kiwanis Avenue and over the Big Sioux River
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and made a part of this resolution entitled “Bridge
Improvement Grant Program” is hereby approved and the Mayor is authorized to sign
such resolution.
Date adopted: 12/20/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
105. A RESOLUTION APPROVING THE 2023 AUDIT PLAN.
Sponsors: Council Members Jensen and Neitzert
A motion was made by Council Member Jensen and seconded by Council Member
Neitzert to adopt Resolution No. 147-22.
Roll call vote to adopt. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
RESOLUTION NO. 147-22
A RESOLUTION APPROVING THE 2023 AUDIT PLAN.
WHEREAS, the Audit Committee shall develop and submit to the City Council for
approval an annual audit plan pursuant to Section 32.022 of the Code of Ordinances;
and
WHEREAS, the Audit Committee has developed such a plan for 2023;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the document attached to and part of this resolution entitled Audit Plan, Fiscal
Year 2023, is hereby approved.
That Internal Audit is authorized to carry out the audits and other projects as described
in the 2023 Audit Plan.
Date adopted: 12/20/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
106. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE
PRIORITIES FOR THE 2023 STATE LEGISLATIVE SESSION.
Sponsors: Council Members Soehl and Jensen
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 148-22.
Roll call vote to adopt. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
RESOLUTION NO. 148-22
A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE
PRIORITIES FOR THE 2023 STATE LEGISLATIVE SESSION.
WHEREAS, the City Charter states that the Sioux Falls City Council is the policy
making and legislative body of the City of Sioux Falls; and
WHEREAS, the Sioux Falls City Council serves on the South Dakota Municipal
League’s policy committees and supports the League’s 2023 Statements of Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. The Sioux Falls City Council supports legislation to protect our citizens from
criminals who perpetuate violence and harm by strengthening our criminal justice
system through fiscally responsible and data-driven decision making.
2. The Sioux Falls City Council supports a legislative solution to the stalled $200
million infrastructure funding program that is intended for building critical workforce
housing in South Dakota.
3. The Sioux Falls City Council opposes any legislation that would reduce or repeal
any municipal or county tax.
Date adopted: 12/20/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
107. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to adopt Resolution No. 149-22.
Roll call vote to adopt. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
RESOLUTION NO. 149-22
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
Kristy Denevan Accessible Housing Appointed for a term from
Advisory Board January 2023 to November
2023 (to fill the unexpired
term of Nancy Reynoza).
Joan Franken Accessible Housing Reappointed for a term from
Advisory Board January 2023 to January
2026.
Jeff Nelson Accessible Housing Reappointed for a term from
Advisory Board January 2023 to January
2025.
Aspen Accessible Housing Reappointed for a term from
Thorstenson Advisory Board January 2023 to January
2026.
Sarah Jorgenson Disability Awareness and Reappointed for a term from
Accessibility Review Board January 2023 to January
2026.
Jamie Richardson Disability Awareness and Appointed for a term from
Accessibility Review Board January 2023 to December
2024 (to fill the unexpired
term of Morgan Jackson).
Tana Zwart Disability Awareness and Reappointed for a term from
Accessibility Review Board January 2023 to January
2026.
Ben Kyte Employee’s Retirement Reappointed for a term from
System Board of Trustees January 2023 to December
2026.
Mark Sivertson Employee’s Retirement Reappointed for a term from
System Board of Trustees January 2023 to December
2026.
Matt Adamson Firefighter’s Pension Fund Appointed for a term from
Board of Trustees January 2023 to December
2026 (to replace Angeline
Lavin).
Mike Begeman Parks and Recreation Reappointed for a term from
Board January 2023 to June 2027.
Don Kearney Sioux Falls Sports Authority Reappointed for a term from
January 2023 to January
2026.
Dan Radigan Sioux Falls Sports Authority Appointed for a term from
January 2023 to January
2026 (to replace Mary
Thompson).
Max Sandlin Sioux Falls Sports Authority Appointed for a term from
January 2023 to January
2026 (to replace Dave
Zimbeck).
Curt Soehl Sioux Falls Sports Authority Reappointed for a term from
January 2023 to January
2026.
Jon Thum Sioux Falls Sports Authority Reappointed for a term from
January 2023 to January
2026.
Date adopted: 12/20/22 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Chad Bishop spoke about the Covid vaccine, information, and policy.
Chester Deyoung spoke about transitions in Shape Places and implementation of the
plan.
Sierra Broussard spoke about human trafficking, massage therapists, and crime.
ADJOURNMENT
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adjourn at 8:06 p.m.
Voice vote to adjourn. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, December 20, 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 Pat Starr
Council Member David Barranco
Council Member Sarah Cole
Council Member Alex Jensen
Council Member Rich Merkouris
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Mayor Paul TenHaken
2. INVOCATION
Pastor Layne Nelson, East Side Lutheran 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, December 13, 2022
City Council Meeting of Tuesday, December 13, 2022
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated December 16, 2022.
APPLICATIONS
7. Renewal of 2023 Restaurant On-Sale Liquor License for Plaza Azteca Mexican
Restaurant, 3500 West 69th Street.
8. Renewal of 2023 Retail Wine License for New Tokyo Cuisine, 4825 South Louise
Avenue.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
9. Parcel #54455, for 2021 property taxes in the amount of $1,284.04. Reason: The
property is exempt from the tax.
NOTICE OF HEARINGS
10. Set a date of hearing for Tuesday, January 3, 2023. New 2023 Retail Wine License
for Square on Main LLC, Maribella, 360 South Main Avenue.
11. Set a date of hearing for Tuesday, January 3, 2023. Special One-Day Liquor License
for JS Entertainment to be operated at The Social, 301 South Thompson Avenue, for an
event on January 28, 2023.
12. Set a date of hearing for Tuesday, January 3, 2023. Special One-Day Malt Beverage
License for Saint Michael’s Parish, 1600 South Marion Rad, for a fundraiser on February
11, 2023.
13. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 103.
14. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for ASAVP LLC, 1720 North Louise Avenue, Suite 104.
15. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for Golden Coin Casino Inc, 405 North Kiwanis Avenue, Suite 103.
16. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 103.
17. Set a date of hearing for Tuesday, January 3, 2023. Rescind 2022-23 Retail Malt
Beverage License for Anusiya LLC, 2409 West Russell Street, Suite 104.
18. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for Corner Pantry 32-B, 400 North West Avenue, Suite B.
19. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for Corner Pantry 32-B, 400
North West Avenue, Suite B.
20. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for 777 Casino East, 3601 South Minnesota Avenue.
21. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for 777 Casino East, 3601
South Minnesota Avenue.
22. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for 777 Casino East B, 3601 South Minnesota Avenue, Suite B.
23. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for 777 Casino East B, 3601
South Minnesota Avenue, Suite B.
24. Set a date of hearing for Tuesday, January 3, 2023. New 2022-23 Retail Malt
Beverage License for 777 Casino East C, 3601 South Minnesota Avenue, Suite C.
25. Set a date of hearing for Tuesday, January 3, 2023. Request for video lottery
placement with the 2022-23 Retail Malt Beverage License for 777 Casino East C, 3601
South Minnesota Avenue, Suite C.
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.
26. 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).
27. Deferred from the meeting of Tuesday, December 6, 2022; Renewal of 2023
Package Liquor License and Renewal of 2023 Retail Wine License for Shop N Cart
North, 1029 North Minnesota Avenue.
28. Deferred from the meeting of Tuesday, December 6, 2022; Renewal of 2023
Package Liquor License for Smokin’ Deals, 1604 East 10th Street.
29. New 2022-23 Retail Malt Beverage License, off-sale use only, for Get N Go #23, 4801
South Sycamore Avenue.
30. New 2022-23 Retail Malt Beverage License and New 2023 Retail Wine License for La
Plaza Fiesta, 521 West 85th Street.
31. Transfer of 2022 Retail Liquor License from Initiative Investments LLC, 1105 North
Minnesota Avenue, to The Hideout, 1213 North Cliff Avenue.
32. Transfer of 2022 Retail Liquor License from SRS Inc, The Sandbar, 2310 South Marion
Road, Suite 100, to Joshua VanDyke, Sandbar & Grill, 2310 South Marion Road, Suite
100.
33. Transfer of 2022 Package Liquor License from JKB Enterprises, J & K Kwik Stop, 1200
East 10th Street, to The Gold Mine Inc, 3505 East 10th Street, Suite 1.
34. Renewal of 2023 Package Liquor License for The Gold Mine Inc, 3505 East 10th Street,
Suite 1.
35. Transfer of 2022 Package Liquor License from Stern Oil Co Inc, 49er, 3501 West 49th
Street, to Cioux LLC, 3501 West 49th Street.
36. Transfer of 2022 Retail Liquor License from Alpine II LLC, Alpine Sports Bar & Casino
2, 212 South Sneve Avenue, Suite 102, to MG Oil Company, Alpine Sports Bar &
Casino 2, 212 South Sneve Avenue, Suite 102.
37. Transfer of 2022 Package Liquor License from Tinners, 449 West 69th Street, to T180,
2101 West 69th Street, Suite 107.
38. Special One-Day Liquor License for KJT LLC to be operated at The Social, 301 South
Thompson Avenue, for weddings on September 23 and December 31, 2022.
39. Special One-Day Off-Sale Wine License for American Heart Association to be operated
at The District, 4521 West Empire Place, for a fundraiser on February 3, 2023.
40. New 2022-23 Retail Malt Beverage License for Deuces Casino, 3401 West 85th Street,
Suite C.
41. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 3401 West 85th Street, Suite C.
42. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4655 East 57th Street,
Suite 300.
43. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 4655 East 57th Street, Suite 300.
44. Request for video lottery placement to an existing 2022-23 Retail Malt Beverage
License for Remedy Brewing Company, 611 North West Avenue.
45. Request for video lottery placement to existing 2022-23 Retail Malt Beverage License
for Deuces Casino, 6010 South Cliff Avenue, Suite 103.
46. New 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings,
151 East 4th Place, Suite 100A.
47. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100A.
48. New 2022-23 Retail Malt Beverage License for Commonwealth Gaming & Holdings,
151 East 4th Place, Suite 100B.
49. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Commonwealth Gaming & Holdings, 151 East 4th Place, Suite 100B.
50. New 2022-23 Retail Malt Beverage License for Deuces Casino, 510 South Valley View
Road, Suite 3.
51. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 510 South Valley View Road, Suite 3.
52. New 2022-23 Retail Malt Beverage License for Deuces Casino, 5115 East Arrowhead
Parkway, Suite 103.
53. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 5115 East Arrowhead Parkway, Suite 103.
54. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street,
Suite 101.
55. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Deuces Casino, 4600 East 41st Street, Suite 101.
56. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street,
Suite 102.
57. Request for video lottery placement with the 2022-23 Retail Malt Beverage for 2022-23
Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 102.
58. New 2022-23 Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street,
Suite 103.
59. Request for video lottery placement with the 2022-23 Retail Malt Beverage for 2022-23
Retail Malt Beverage License for Deuces Casino, 4600 East 41st Street, Suite 103.
60. New 2022-23 Retail Malt Beverage License for Paradise Casino Central III, 1821 West
12th Street, Suite C.
61. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Paradise Casino Central III, 1821 West 12th Street, Suite C.
62. New 2022-23 Retail Malt Beverage License for Crown Cliff Casino III, 902 South Cliff
Avenue, Suite 103.
63. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Crown Cliff Casino III, 902 South Cliff Avenue, Suite 103.
64. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street.
65. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Falls Casino, 3505 East 10th Street.
66. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street,
Suite 1.
67. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Falls Casino, 3505 East 10th Street, Suite 1.
68. New 2022-23 Retail Malt Beverage License for Falls Casino, 3505 East 10th Street,
Suite 2.
69. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Falls Casino, 3505 East 10th Street, Suite 2.
70. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail,
Suite 101.
71. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Triple J Inc, 7400 East Oak Gove Trail, Suite 101.
72. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail,
Suite 102.
73. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Triple J Inc, 7400 East Oak Gove Trail, Suite 102.
74. New 2022-23 Retail Malt Beverage License for Triple J Inc, 7400 East Oak Grove Trail,
Suite 103.
75. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Triple J Inc, 7400 East Oak Gove Trail, Suite 103.
76. New 2022-23 Retail Malt Beverage License for JS Entertainment Inc, 2819 East 10th
Street, Suite 101.
77. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
JS Entertainment Inc, 2819 East 10th Street, Suite 101.
78. New 2022-23 Retail Malt Beverage License for Woody’s Holdings Inc, 900 South
Marion Road, Suite 102.
79. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Woody’s Holdings Inc, 900 South Marion Road, Suite 102.
80. New 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th
Street.
81. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Corner Pub & Casino, 2400 East 6th Street.
82. New 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th
Street.
83. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Corner Pub & Casino, 2404 East 6th Street.
84. New 2022-23 Retail Malt Beverage License for Connexions South 2, 6801 South Louise
Avenue, Suite 2.
85. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Connexions South 2, 6801 South Louise Avenue, Suite 2.
86. New 2023 Retail Wine License and New 2022-23 Retail Malt Beverage License for East
Connexions 2, 3233 South Sycamore Avenue, Suite 2.
87. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
East Connexions 2, 3233 South Sycamore Avenue, Suite 2.
88. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff
Avenue, Suite 1.
89. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Dakota Player’s Club, 4200 North Cliff Avenue, Suite 1.
90. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff
Avenue, Suite 2.
91. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Dakota Player’s Club, 4200 North Cliff Avenue, Suite 2.
92. New 2022-23 Retail Malt Beverage License for Dakota Player’s Club, 4200 North Cliff
Avenue, Suite 3.
93. Request for video lottery placement with the 2022-23 Retail Malt Beverage License for
Dakota Player’s Club, 4200 North Cliff Avenue, Suite 3.
94. New 2023-24 Retail Malt Beverage License for B & D Group Investments LLC, 5400
West University Trail.
95. Request for video lottery placement with the 2023-24 Retail Malt Beverage License for
B & D Group Investments LLC, 5400 West University Trail.
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)).
96. 2nd Reading: Deferred from the meeting of Tuesday, December 6, 2022; AN
ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF
ORDINANCES OF THE CITY BY AMENDING CHAPTER 37: TAXATION.
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.
97. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY ADDING A DEFINITION TO
SECTION 53.001 DEFINITIONS OF CHAPTER 53 PUBLICLY OWNED TREATMENT
WORKS.
Sponsor: Mayor
Background & Objective: Pursuant to the City's Audit, the EPA is requiring an update
to Chapter 53 to include the term "Pretreatment Requirements" the proposed ordinance
with this included definition is what is being proposed.
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).
98. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF W. 5th ST. AND EAST OF W. VIOLA CT. FROM
THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1
TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 17234-2022, 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, January 3, 2023.
Private Applicant(s): Kelly Nielson Construction - Lexi Ricci
Background & Objective: The purpose of this petition is to rezone property within a
vacated right of way to match the surrounding zoning in a residential development.
99. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY SOUTH OF W. 41ST ST. & WEST OF S. RONSIEK AVE. FROM THE AG
AGRICULTURE DISTRICT TO THE RS SINGLE FAMILY RESIDENTIAL—SUBURBAN
AND RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICTS, NO.
17329-2022, 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, January 3, 2023.
Private Applicant(s): Ehrhart Griffin & Associates - Damian Greble
Background & Objective: The purpose of rezoning is to allow for single-family and twin
home residential development in a new subdivision. This rezoning is associated with
Preliminary Subdivision Plan SUB-P-17327-2022.
100. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF 60TH ST. N AND WEST OF N. VELOCITY AVE.
FROM THE AG AGRICULTURE DISTRICT TO THE I-1 LIGHT INDUSTRIAL
DISTRICT, NO. 17437-2022, 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, January 3, 2023.
Private Applicant(s): Dump Truck Leasing, Inc. - Michael Runge
Background & Objective: The purpose of this rezoning is to allow for the future light
industrial development. This rezoning is associated with Preliminary Subdivision Plan
UB-P-17430-2022.
101. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 9041 E. 10TH ST. FROM THE AG AGRICULTURE, CN
CONSERVATION, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN
DISTRICTS TO THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT, NO.
17438-2022, 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, January 3, 2023.
Private Applicant(s): Norman Engineering, Inc.
Background & Objective: This purpose of this rezoning is to allow for single-family
residential in a new subdivision. This rezoning is associated with Preliminary
Subdivision Plan SUB-P-17436-2022.
102. 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, January 3, 2023.
Sponsor: Mayor
Background & Objective: This Ordinance is in regard to the recommendation from the
Naming Committee for the naming of five interior rooms located in the Startup Sioux
Falls Building, 600 E. 6th Street in Sioux Falls.
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).
103. A RESOLUTION AMENDING THE CITY OF SIOUX FALLS ENGINEERING DESIGN
STANDARDS.
Sponsor: Mayor
Background & Objective: This resolution will amend Chapter 10, Water Mains;
Chapter 12, Erosion and Sediment Control; and Chapter 15, Roadway Lighting. The
revised chapters are attached to this resolution by reference.
104. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN BRIDGE IMPROVEMENT
GRANT (BIG) APPLICATION RESOLUTION FOR THE PRESERVATION OR
REHABILITATION OF VARIOUS BRIDGES IN SIOUX FALLS.
Sponsor: Mayor
Background & Objective: The South Dakota Department of Transportation has a
Bridge Improvement Grant Program allowing agencies to apply for a grant for bridge
preservation funds. The City has applied for this grant in past years. This application is
for the deck preservation of the Russell Street and Big Sioux River Eastbound and
Westbound Bridges, which were constructed in 2013-2014.
105. A RESOLUTION APPROVING THE 2023 AUDIT PLAN.
Sponsors: Council Members Jensen and Neitzert
Background & Objective: This resolution formally adopts the 2023 Audit Plan, and
authorizes the internal audit office to carry out the audits identified in this plan.
106. A RESOLUTION ESTABLISHING THE CITY OF SIOUX FALLS’ LEGISLATIVE
PRIORITIES FOR THE 2023 STATE LEGISLATIVE SESSION.
Sponsors: Council Members Soehl and Jensen
Background & Objective: The resolution establishes the City's legislative priorities for
the upcoming legislative session.
107. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
Background & Objective: The resolution appoints or reappointments members to the:
Accessible Housing Advisory Board; Disability Awareness and Accessibility Review
Board; Employee’s Retirement System Board of Trustees; Firefighter’s Pension Fund
Board of Trustees; Parks and Recreation Board; and, Sioux Falls Sports Authority.
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
The City Council and Informational Meetings originally scheduled for Tuesday, February 7, 2023,
have been rescheduled to Monday, February 6, 2023.
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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