City Council Meeting
Regular MeetingSioux Falls, SD · January 10, 2023
Minutes
MINUTES
City Council Meeting
Tuesday, January 10, 2023 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 Sarah Cole, Council Member Alex Jensen, Council Member
Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall Selberg,
Council Member Curt Soehl, Council Member Pat Starr, Council Member David
Barranco
Absent: Mayor Paul TenHaken
2. INVOCATION
Senior Pastor Jeff Backer, St. Dysmas of South Dakota
3. PLEDGE OF ALLEGIANCE
Council Chair Curt Soehl recognized Cub Scout Pack 46, who were in the audience.
CONSENT AGENDA
4. APPROVAL OF THE CONSENT 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: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl,
Starr, Barranco; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, January 3, 2023
City Council Meeting of Tuesday, January 3, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated January 6, 2023.
7. Notice of change orders on the memorandum dated January 6, 2023.
REGULAR AGENDA
8. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl,
Starr, Barranco; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A
GRANT OF PERMANENT MUTUAL ACCESS EASEMENT.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to adopt Ordinance No. 6-23.
Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr,
Barranco; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
10. Deferred from the meeting of Tuesday, January 3, 2023; A RESOLUTION OF THE
CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS)
PROGRAM.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Neitzert to adopt Resolution No. 4-23.
Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr,
Barranco; 0 No: (None). Motion Passed.
RESOLUTION NO. 4-23
A RESOLUTION OF THE CITY OF SIOUX FALLS RECERTIFYING THE
COMMUNITY RATING SYSTEM (CRS) PROGRAM.
WHEREAS, the City is in the process of recertifying its Community Rating System
(CRS) program with FEMA, so property owners can continue to receive discounts on
flood insurance; and
WHEREAS, part of the CRS requirements require annual reports to be submitted in
January 2022 to the City Council, detailing progress on floodplain management items in
the Hazard Mitigation Plan and the Repetitive Loss Area Analysis (a report on areas
damaged by recurring floods);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SIOUX FALLS, SD:
That said reports are hereby accepted and will be released to the media, per CRS
requirements.
Date adopted: 01/10/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
11. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT OF WAY
EASEMENT LOCATED IN LOT 8 IN BLOCK 7 OF ELROD’S ADDITION, AN
ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH
DAKOTA.
Private Applicant(s): Schemmer Consulting
A motion was made by Council Member Selberg and seconded by Council Member
Cole to adopt Resolution No. 5-23.
Roll call vote to adopt. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr,
Barranco; 0 No: (None). Motion Passed.
RESOLUTION NO. 5-23
A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT OF WAY
EASEMENT LOCATED IN LOT 8 IN BLOCK 7 OF ELROD’S ADDITION, AN
ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH
DAKOTA.
WHEREAS, the City of Sioux Falls, SD, no longer needs part of the right of way
easement area across the above-described real property, as shown on Exhibit A.
Signed approvals from all public and private utilities are on file with the office of the City
Engineer; and
WHEREAS, the right of way easement was granted to Minnehaha Community Water
Corporation and filed in Book 164 of Miscellaneous on page 451 in the office of the
Register of Deeds for Minnehaha County, SD, on January 2, 1987; and
WHEREAS, an Assignment and Assumption of Easement between Minnehaha
Community Water Corporation and City of Sioux Falls was filed in Book 291 of
Miscellaneous on page 186 in the office of the Register of Deeds for Minnehaha
County, SD, on April 9, 2020. The right of way easement was reaffirmed by plat and
filed in Book 83 of Plats on page 305 in the office of the Register of Deeds for
Minnehaha County, SD, on July 27, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That it approves the release of part of the right of way easement, as shown on attached
Exhibit A, and affecting the real property described as Lot 8 in Block 7 of Elrod’s
Addition, an Addition to the City of Sioux Falls, Minnehaha County, South Dakota and
that the City Clerk shall cause to be recorded with the Register of Deeds, Minnehaha
County, South Dakota, a duly certified transcript of this resolution.
Date adopted: 01/10/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Chad Bishop spoke about Covid-19 and vaccines.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to adjourn at 6:30 p.m.
Voice vote to adjourn. 8 Yes: Cole, Jensen, Merkouris, Neitzert, Selberg, Soehl, Starr,
Barranco; 0 No: (None). Motion Passed.
Denise D. Tucker, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, January 10, 2023 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 Sarah Cole
Council Member Alex Jensen
Council Member Rich Merkouris
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member David Barranco
Mayor Paul TenHaken
2. INVOCATION
Senior Pastor Jeff Backer, St. Dysmas of South Dakota
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, January 3, 2023
City Council Meeting of Tuesday, January 3, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated January 6, 2023.
7. Notice of change orders on the memorandum dated January 6, 2023.
REGULAR AGENDA
The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular
Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up
for consideration are presented and public comment is taken prior to the making of motions.
For Regular Agenda items, comments are limited to three minutes, unless the item is being presented for
final adoption, in which case public input is limited to five minutes. For all Regular Agenda items, comments
are limited to the agenda item under consideration only.
8. APPROVAL OF THE REGULAR AGENDA
INTRODUCTION AND ADOPTION OF ORDINANCES
The title of 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)).
9. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, APPROVING A
GRANT OF PERMANENT MUTUAL ACCESS EASEMENT.
Sponsor: Mayor
Background & Objective: An easement granted as a perpetual common unobstructed
access in favor of Lot 4 of Zip Addition to the City of Sioux Falls, Minnehaha County,
SD.
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).
10. Deferred from the meeting of Tuesday, January 3, 2023; A RESOLUTION OF THE
CITY OF SIOUX FALLS RECERTIFYING THE COMMUNITY RATING SYSTEM (CRS)
PROGRAM.
Sponsor: Mayor
Background & Objective: A required annual report from the CRS program on the
Hazard Mitigation Plan. The current plan is at the end of its usefulness and a new plan
is in the early stages, so no new efforts have been put into adding new items to the
existing one. This is why the report is so short this year.
11. A RESOLUTION APPROVING THE RELEASE OF PART OF A RIGHT OF WAY
EASEMENT LOCATED IN LOT 8 IN BLOCK 7 OF ELROD’S ADDITION, AN
ADDITION TO THE CITY OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH
DAKOTA.
Private Applicant(s): Schemmer Consulting
Background & Objective: Easement was obtained by Minnehaha Community Water
Corp for a rural water line then transferred to the City and has since been abandoned.
Releasing a part of the easement will support a proposed commercial development.
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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