City Council Meeting
Regular MeetingSioux Falls, SD · March 7, 2023
Minutes
MINUTES
Regular City Council Meeting
Tuesday, March 7, 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 Curt Soehl, 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, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Pastor Rick Carlson, Prairie Hills Covenant 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 14, 24 and 29, from
Agenda Item 6 on the Regular Agenda for Council discussion (14; Parks/Recreation;
Project 14026; Great Plains Zoo Master Plan; Agreement for professional services;
CLR Design; $80,000), (24; Entertainment Venues; Project 13013; Sioux Falls Stadium
Improvements - Design and Construction Administration; Agreement for professional
services; Architecture Incorporated; $23,400), and (29; Transit; Agreement to provide
partial funding to assist the Sioux Falls School District in providing for transportation for
students to pathways and Community Campus; Up to $18.50 per trip; Not to Exceed
$360,750; Sioux Falls School District 49-5; $194,250).
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: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, February 21, 2023
City Council Meeting of Tuesday, February 21, 2023
Informational Meeting of Tuesday, February 28, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated March 3, 2023.
A motion was made by Council Member Starr and seconded by Council Member Cole
to approve Sub-Item 14 from Agenda Item 6.
Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
A motion was made by Council Member Starr and seconded by Council Member Cole
to approve Sub-Item 24 from Agenda Item 6.
Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
A motion was made by Council Member Starr and seconded by Council Member Cole
to approve Sub-Item 29 from Agenda Item 6.
A motion was made by Council Member Starr and seconded by Council Member Cole
to amend by changing the "not to exceed" amount under project description to
$194,250.
Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed.
7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 21, 2023;
9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/Farstad Oil; #1
Clear Diesel ($3.7761) and #2 Clear Diesel ($3.2246); Midway Service-Vollan Oil,
Harms Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, Howes Oil all no bids. Bid
awarded to: Midway Service-Vollan Oil.
8. Approval of a request pursuant to SDCL 35-1-5.5 from Robin J. W. Anderson to
consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S.
Perry Place, on August 5, 2023.
9. Approval of a request pursuant to SDCL 35-1-5.5 from Blend Interactive, Inc. to
consume, but not sell, alcoholic beverages at Startup Sioux Falls, 100 E. 6th St., on
March 16, 2023.
10. Approval of a request pursuant to SDCL 35-1-5.5 from Erin Butler to consume, but not
sell, alcoholic beverages at Mary Jo Wegner Arboretum, 1900 S. Perry Place, on March
25, 2023.
11. Approval of a request pursuant to SDCL 35-1-5.5 from Zach King and Lexi Brookfield to
consume, but not sell, alcoholic beverages at Mary Joe Wegner Arboretum, 1900 S.
Perry Place, on June 10, 2023.
12. Approval of a request pursuant to SDCL 35-1-5.5 from Richard W. Sio to consume, but
not sell, alcoholic beverages at the Multi-Cultural Center, 525 N. Main Ave., on June 24,
2023.
APPLICATIONS
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
13. Parcel #92188, for 2020 property taxes in the amount of $84.24. Reason: Improvement
was assessed and taxed on two separate parcel numbers in error.
14. Parcel #92188, for 2021 property taxes in the amount of $88.58. Reason: Improvement
was assessed and taxed on two separate parcel numbers in error.
15. Parcel #92188, for 2022 property taxes in the amount of $97.38. Reason: Improvement
was assessed and taxed on two separate parcel numbers in error.
16. Parcel #80874, for 2022 property taxes in the amount of $380.599.79. Reason:
Improvement was assessed and taxed on two separate parcel numbers in error.
17. Parcel #53988, for 2020 property taxes in the amount of $262.35. Reason: Owner-
occupied status was removed in error. Property has been owner-occupied since 1995.
18. Parcel #53988, for 2021 property taxes in the amount of $110.27. Reason: Owner-
occupied status was removed in error. Property has been owner-occupied since 1995.
19. Parcel #53988, for 2022 property taxes in the amount of $5752.67. Reason: Owner-
occupied status was removed in error. Property has been owner-occupied since 1995.
NOTICE OF HEARINGS
20. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License
for New Ritual LLC, Hello Hi to be operated at The Convolo, 201 North Weber Avenue,
for an event on March 23, 2023.
21. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License
for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North,
for an event on March 24, 2023.
22. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Malt Beverage
License for Sioux Falls YMCA to be operated at the Great Outdoor Store, 201 East 10th
Street, for a fundraiser on May 13, 2023.
REGULAR AGENDA
23. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Jensen and seconded by Council Member
Cole to approve the Regular Agenda.
A motion was made by Council Member Jensen and seconded by Council Member
Cole to amend by placing Agenda Item 40 immediately after 36.
Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed.
Sub-Items 14, 24 and 29 from Agenda Item 6 were heard at this time. See Agenda Item
6 for action taken.
UNFINISHED BUSINESS
24. New 2023 Retail Wine License for Envy Nails and Spa, 611 South Highline Place.
25. New 2023 Retail Wine License for Swamp Daddy’s Cajun Kitchen, 421 North Phillips
Avenue, Suite 115.
26. New 2023 Retail Wine License, requesting off-sale use only, for Interiors Etc, 421 North
Phillips Avenue, Suite 123.
27. New 2023 Retail Wine License, requesting off-sale use only, for the Flower Mill, 4005
East 10th Street.
28. New 2023 Retail Wine License for Lao Szechuan, 3101 West 41st Street, Suite 105.
29. New 2022-23 Retail Malt Beverage License for The Dive, 1612 South Western Avenue.
30. Transfer of 2022-23 Retail Malt Beverage License, including video lottery terminals,
from JJ’s Axes & Ales, 3016 West 57th Street, to Liebrary Bar 3, 5108 South Marion
Road, Suite 101.
31. New 2022-23 Retail Malt Beverage License for JJ’s Axes & Ales, 3016 West 57th
Street.
32. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th
Street.
33. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th
Street.
34. Special One-Day Liquor License for JS Entertainment to be operated at The Social, 301
South Thompson Avenue, for a special event on March 11, 2023.
35. Special One-Day Wine License for Active Generations, 2300 West 46th Street, for a
fundraiser on April 23, 2023.
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to approve Agenda Items 24 through 35.
Roll call vote to approve. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS
PKWY. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RA-3
APARTMENT RESIDENTIAL—HIGH DENSITY, RD-2 TOWNHOME RESIDENTIAL—
SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS, NO.
17559-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): Jesse Deffenbaugh
A motion was made by Council Member Selberg and seconded by Council Member
Cole to adopt Ordinance No. 13-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
Agenda Item 40 was heard at this time. See item for action taken.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. 57TH ST. AND WEST OF S. SOLBERG AVE.
FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION DISTRICT, NO.
17586-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): Interstate Crossings Development Corporation – Steven Sanford
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to adopt Ordinance No. 14-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1822 S. PRAIRIE AVE. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17597-2022, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Katie Thompson
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to adopt Ordinance No. 15-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS
INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL
INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT
OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR
AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR
URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE
LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER.
Recommendation: Set a date of 2nd Reading for Tuesday, March 21, 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, March 21, 2023, for Item 39.
Roll call vote to set a date of 2nd Reading. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
40. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF KNOCHENMUS ADDITION (17557-2022). The Planning Commission
recommends approval (5-0).
Private Applicant(s): Infrastructure Design Group, Inc. – Andrew Purintun
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to adopt Resolution No. 19-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 19-23
A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF KNOCHENMUS ADDITION (17557-2022).
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the preliminary plan of Knochenmus Addition to the City of Sioux Falls, Minnehaha
County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby
directed to endorse on such plan a copy of this resolution and certify the same thereon.
Date adopted: 03/07/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
41. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 20-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 20-23
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. That the Memorandum of Understanding (MOU) to the Collective Bargaining
Agreement (CBA) between the City of Sioux Falls and Local 519 of the
American Federation of State, County, and Municipal Employees providing
for the terms and conditions of employment for the period from January 1,
2021, through December 31, 2023, is hereby approved by the City Council.
2. That the MOU specifically amends Article 7, Wages, to increase the pay
grades an additional 3.5 percent in 2023 for a combined increase of 6.5. This
increase shall become effective on the pay period beginning March 20, 2023.
The amendments, as contained the attached MOU, are hereby made part of this
Resolution.
Date adopted: 03/07/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
42. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY
OF SIOUX FALLS AND THE POLICE OFFICERS AND SERGEANTS, SIOUX FALLS
FRATERNAL ORDER OF POLICE LODGE #1 L.C.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 21-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 21-23
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY
OF SIOUX FALLS AND THE POLICE OFFICERS AND SERGEANTS, SIOUX FALLS
FRATERNAL ORDER OF POLICE LODGE #1 L.C.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. That the Memorandum of Understanding (MOU) to the Collective Bargaining
Agreement between the City of Sioux Falls and Lodge #1, Sioux Falls Fraternal
Order of Police providing for the terms and conditions of employment for the
period from January 1, 2021, through December 31, 2023, is hereby approved
by the City Council.
2. That the MOU specifically amends Article 34, Wages, to increase the pay
grades an additional 4 percent in 2023 for a combined increase of 6.5 percent.
This increase shall become effective on the pay period beginning March 20,
2023.
The amendments, as contained in the attached MOU, are hereby made part of this
Resolution.
Date adopted: 03/07/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
43. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 22-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 22-23
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. That the Memorandum of Understanding (MOU) to the Collective Bargaining
Agreement between the City of Sioux Falls and Local 814 of the International
Association of Firefighters providing for the terms and conditions of
employment for the period from January 1, 2021 through December 31,
2023, is hereby approved by the City Council.
2. That the MOU specifically amends Article 8, Wages, to increase the pay
grades an additional 2.5 percent in 2023 for a combined increase of
6.5 percent. This increase shall become effective on the pay period beginning
March 20, 2023.
The amendments, as contained in the attached MOU, are hereby made part of this
Resolution.
Date adopted: 03/07/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
44. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND
EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF.
Sponsors: Council Members Soehl and Jensen
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to adopt Resolution No. 23-23.
A motion was made by Council Member Neitzert and seconded by Council Member
Starr to amend by adding to the end of Section 4, "The audit chair and operations
committee chair shall consult and solicit input from all City Council members in
preparation for any performance reviews they are authorized to perform. The audit
chair and operations committee chair shall review with the City Council members the
performance review prior to meeting with the Council employee and filing the review
with human resources."
Roll call vote to amend. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
Roll call vote to adopt, as amended. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen,
Merkouris, Neitzert, Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 23-23
A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND
EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF.
WHEREAS, Section 2.08 of the Charter of the City of Sioux Falls authorizes the City Council to
appoint an officer of the City who shall oversee the operations of the City Clerk’s Office and
therefore shall carry the title City Clerk; and
WHEREAS, Section 2.10 of the Charter of the City of Sioux Falls authorizes the City Council to
provide for an independent audit of all City accounts and may provide for more frequent audits as
necessary; and
WHEREAS, the Internal Audit Manager and the Internal Auditor will have structural reporting
authority to the City Council’s Audit Chair; and
WHEREAS, the City Clerk, Budget Analyst, and Chief of Legislation and Policy will have structural
reporting authority to the City Council’s Operations Chair; and
WHEREAS, the City Council will maintain market-competitive salary ranges for the positions of
Budget Analyst, City Clerk, Internal Audit Manager, Internal Auditor, and Chief of Legislation and
Policy; and
WHEREAS, the City Council shall determine the scope and nature of the work of the Budget
Analyst, City Clerk, Internal Audit Manager, Internal Auditor, and Chief of Legislation and Policy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
1. Each City Council-appointed position shall have a designated nine-step pay scale from minimum
to maximum.
a. The 2023 biweekly salary scale for the Budget Analyst shall be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$2,588.00 $2,727.20 $2,857.60 $2,988.00 $3,119.20 $3,253.60 $3,386.40 $3,518.40 $3,647.20
b. The 2023 biweekly salary scale for the City Clerk shall be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$3,068.00 $3,236.00 $3,403.20 $3,572.80 $3,740.00 $3,908.00 $4,081.60 $4,244.00 $4,415.20
c. The 2023 biweekly salary scale for the Chief of Legislation and Policy shall be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$3,174.40 $3,349.60 $3,527.20 $3,704.80 $3,884.00 $4,057.60 $4238.40 $4,416.00 $4,595.20
d. The 2023 biweekly salary scale for the Internal Audit Manager shall be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$2,812.80 $2,963.20 $3,115.20 $3,264.00 $3416.00 $3,566.40 $3,715.20 $3,867.20 $4,018.40
e. The 2023 hourly salary scale for Internal Auditor shall be as follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$30.71 $32.11 $33.48 $34.98 $36.60 $38.22 $39.94 $41.67 $43.58
2. City Council employees shall progress through the applicable nine-step salary scale as follows:
Waiting Period
From Step To Step
in Months
1 2 12
2 3 12
3 4 12
4 5 12
5 6 24
6 7 24
7 8 24
8 9 24
3. Employee progression through the pay scale is contingent upon satisfying the requisite waiting
period as identified above and achieving satisfactory performance as documented utilizing
applicable employee performance evaluation forms made available through the City’s Human
Resources department. An employee step advancement may be delayed or denied based upon
documented performance.
4. Performance reviews shall be conducted according to the following table:
Immediate
Job Title Council Authorization
Supervisor/Reviewer
Auditor Internal Audit Manager Audit Chair
Internal Audit Manager Audit Chair Audit Chair
Assistant City Clerk City Clerk Council Chair or Vice-Chair
City Clerk Operations Committee Chair Council Chair or Vice-Chair
Budget Analyst Operations Committee Chair Council Chair or Vice-Chair
Chief of Legislation Operations Committee Chair Council Chair or Vice-Chair
and Policy
In the event of an emergency or absence of the immediate supervisor/reviewer, the Council
Chair may designate a City Council member or Committee representative to conduct a particular
performance review in order to maintain continuity of operations. The audit chair and operations
committee chair shall consult and solicit input from all city council members in preparation for
any performance reviews they are authorized to perform. The audit chair and operations
committee chair shall review with the city council members the performance review prior to
meeting with the council employee and filing the review with human resources.
5. Any performance/step increase shall be in addition to any inflation adjustment and shall be
effective on the employee’s anniversary date.
6. The City Council’s appointed employees’ salary scales will be modified on March 20, 2023, to
reflect the additional inflationary adjustment in 2023 to the assigned salary range.
7. The Director of Human Resources shall assist the City Council in ensuring market-competitive
salary ranges and adherence to federal, state, and City employment practices.
8. The City Council may modify these provisions in any one calendar year based on budgetary
reasons or at their discretionary authority.
Date adopted: 03/07/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
45. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Cole and seconded by Council Member
Barranco to adopt Resolution No. 24-23.
Roll call vote to adopt. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris, Neitzert,
Selberg; 0 No: (None). Motion Passed.
RESOLUTION NO. 24-23
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
William O’Connor Accessible Housing Appointed for a term from March 2023
Advisory Board to November 2023 (to fill the unexpired
term of Paul Kostboth).
Bill Earley Falls Community Health Appointed for a term from March 2023
Center Governing Board to November 2024 (to fill the unexpired
term of Sylvia Humke).
Katrin Profilet Main Street Business Reappointed for a term from March
Improvement District 2023 to March 2026.
Board
Anita Wetsch Main Street Business Reappointed for a term from March
Improvement District 2023 to March 2026.
Board
Darrel Bartell Property Maintenance Appointed for a term from March 2023
Board of Appeals to March 2026.
Tony Erickson Property Maintenance Appointed for a term from March 2023
Board of Appeals to March 2026.
Aaron Goldstine Property Maintenance Appointed for a term from March 2023
Board of Appeals to March 2026.
Ryan Knutson Property Maintenance Appointed for a term from March 2023
Board of Appeals to March 2026.
Brian Majerus Property Maintenance Appointed for a term from March 2023
Board of Appeals to March 2026.
Date adopted: 03/07/23 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED
APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR
ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION
5.07(d)
46. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED:
February 2, 2023.
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Chester Deyoung spoke about the City's rules for street design and road width.
Jerry Leclair spoke about his review of and suggestions for the City of Sioux Falls.
Sierra Broussard spoke about issues regarding Neighborhood Associations.
Chad Bishop spoke about updates to the City's website.
ADJOURNMENT
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to adjourn at 7:03 p.m.
Voice vote to adjourn. 8 Yes: Soehl, Starr, Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg; 0 No: (None). Motion Passed.
Denise D. Tucker, MMC, Assistant City Clerk
Agenda
AGENDA
Regular City Council Meeting
Tuesday, March 7, 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 Curt Soehl
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
Mayor Paul TenHaken
2. INVOCATION
Pastor Rick Carlson, Prairie Hills Covenant 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, February 21, 2023
City Council Meeting of Tuesday, February 21, 2023
Informational Meeting of Tuesday, February 28, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated March 3, 2023.
7. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: February 21, 2023;
9,000 Gallons of 50/50 Blend of #1 and #2 Clear Diesel; Parkland USA/Farstad Oil; #1
Clear Diesel ($3.7761) and #2 Clear Diesel ($3.2246); Midway Service-Vollan Oil,
Harms Oil, CHS, Petroleum Traders, Inc., and Midwest Oil, Howes Oil all no bids. Bid
awarded to: Midway Service-Vollan Oil.
8. Approval of a request pursuant to SDCL 35-1-5.5 from Robin J. W. Anderson to
consume, but not sell, alcoholic beverages at the Mary Jo Wegner Arboretum, 1900 S.
Perry Place, on August 5, 2023.
9. Approval of a request pursuant to SDCL 35-1-5.5 from Blend Interactive, Inc. to
consume, but not sell, alcoholic beverages at Startup Sioux Falls, 100 E. 6th St., on
March 16, 2023.
10. Approval of a request pursuant to SDCL 35-1-5.5 from Erin Butler to consume, but not
sell, alcoholic beverages at Mary Jo Wegner Arboretum, 1900 S. Perry Place, on March
25, 2023.
11. Approval of a request pursuant to SDCL 35-1-5.5 from Zach King and Lexi Brookfield to
consume, but not sell, alcoholic beverages at Mary Joe Wegner Arboretum, 1900 S.
Perry Place, on June 10, 2023.
12. Approval of a request pursuant to SDCL 35-1-5.5 from Richard W. Sio to consume, but
not sell, alcoholic beverages at the Multi-Cultural Center, 525 N. Main Ave., on June 24,
2023.
APPLICATIONS
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
13. Parcel #92188, for 2020 property taxes in the amount of $84.24. Reason: Improvement
was assessed and taxed on two separate parcel numbers in error.
14. Parcel #92188, for 2021 property taxes in the amount of $88.58. Reason: Improvement
was assessed and taxed on two separate parcel numbers in error.
15. Parcel #92188, for 2022 property taxes in the amount of $97.38. Reason: Improvement
was assessed and taxed on two separate parcel numbers in error.
16. Parcel #80874, for 2022 property taxes in the amount of $380.599.79. Reason:
Improvement was assessed and taxed on two separate parcel numbers in error.
17. Parcel #53988, for 2020 property taxes in the amount of $262.35. Reason: Owner-
occupied status was removed in error. Property has been owner-occupied since 1995.
18. Parcel #53988, for 2021 property taxes in the amount of $110.27. Reason: Owner-
occupied status was removed in error. Property has been owner-occupied since 1995.
19. Parcel #53988, for 2022 property taxes in the amount of $5752.67. Reason: Owner-
occupied status was removed in error. Property has been owner-occupied since 1995.
NOTICE OF HEARINGS
20. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License
for New Ritual LLC, Hello Hi to be operated at The Convolo, 201 North Weber Avenue,
for an event on March 23, 2023.
21. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Liquor License
for T Slat Inc., to be operated at the Sanford Event Barn, 2510 East 54th Street North,
for an event on March 24, 2023.
22. Set a date of hearing for Tuesday, March 21, 2023. Special One-Day Malt Beverage
License for Sioux Falls YMCA to be operated at the Great Outdoor Store, 201 East 10th
Street, for a fundraiser on May 13, 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.
23. 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).
24. New 2023 Retail Wine License for Envy Nails and Spa, 611 South Highline Place.
25. New 2023 Retail Wine License for Swamp Daddy’s Cajun Kitchen, 421 North Phillips
Avenue, Suite 115.
26. New 2023 Retail Wine License, requesting off-sale use only, for Interiors Etc, 421 North
Phillips Avenue, Suite 123.
27. New 2023 Retail Wine License, requesting off-sale use only, for the Flower Mill, 4005
East 10th Street.
28. New 2023 Retail Wine License for Lao Szechuan, 3101 West 41st Street, Suite 105.
29. New 2022-23 Retail Malt Beverage License for The Dive, 1612 South Western Avenue.
30. Transfer of 2022-23 Retail Malt Beverage License, including video lottery terminals,
from JJ’s Axes & Ales, 3016 West 57th Street, to Liebrary Bar 3, 5108 South Marion
Road, Suite 101.
31. New 2022-23 Retail Malt Beverage License for JJ’s Axes & Ales, 3016 West 57th
Street.
32. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2400 East 6th
Street.
33. Rescind 2022-23 Retail Malt Beverage License for Corner Pub & Casino, 2404 East 6th
Street.
34. Special One-Day Liquor License for JS Entertainment to be operated at The Social, 301
South Thompson Avenue, for a special event on March 11, 2023.
35. Special One-Day Wine License for Active Generations, 2300 West 46th Street, for a
fundraiser on April 23, 2023.
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)).
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. PADDINGTON ST. AND EAST OF VETERANS
PKWY. FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RA-3
APARTMENT RESIDENTIAL—HIGH DENSITY, RD-2 TOWNHOME RESIDENTIAL—
SUBURBAN, AND RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICTS,
NO. 17559-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
SIOUX FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): Jesse Deffenbaugh
Background & Objective: The purpose of this rezoning would be to allow single and
multiple family residential and office development in a new subdivision. This rezoning is
associated with the Preliminary Subdivision Plan SUB-P-017557-2022.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. 57TH ST. AND WEST OF S. SOLBERG AVE.
FROM THE O OFFICE DISTRICT TO THE CN CONSERVATION DISTRICT, NO.
17586-2022, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): Interstate Crossings Development Corporation – Steven Sanford
Background & Objective: The purpose of this rezoning is to align the assigned zoning
district with the current land use. The property is, and will remain, a detention pond.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1822 S. PRAIRIE AVE. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 17597-2022, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Katie Thompson
Background & Objective: This application will rezone an existing triplex to conform
with the Shape Places Zoning Ordinance.
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).
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY REVISING SECTION 37.038, LANDS
INCLUDED IN RURAL SERVICE DISTRICT. THE RURAL SERVICE DISTRICT SHALL
INCLUDE ONLY THOSE PLATTED OR UNPLATTED LANDS AS IN THE JUDGMENT
OF THE CITY COUNCIL ARE RURAL IN CHARACTER, ARE USED OR USABLE FOR
AGRICULTURE, AND ARE NOT DEVELOPED FOR COMMERCIAL, INDUSTRIAL, OR
URBAN RESIDENTIAL PURPOSES. THE RURAL SERVICE DISTRICT MAY INCLUDE
LANDS THAT ARE NOT CONTIGUOUS TO ONE ANOTHER.
Recommendation: Set a date of 2nd Reading for Tuesday, March 21, 2023.
Sponsor: Mayor
Background & Objective: On an annual basis, staff updates this ordinance with
assistance from the two counties Equalization office regarding what parcels are still
agricultural in nature, and not yet platted for commercial, urban residential, or industrial
property. Parcel owners are notified of their status change, and the opportunity to
address the issue.
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).
40. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY
PLAN OF KNOCHENMUS ADDITION (17557-2022). The Planning Commission
recommends approval (5-0).
Private Applicant(s): Infrastructure Design Group, Inc. – Andrew Purintun
Background & Objective: This plan if for the subdivision of newly annexed land in the
north east quadrant of the city. This application is associated with rezoning REZ-
017559-2022.
41. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES.
Sponsor: Mayor
Background & Objective: Implements inflationary adjustment so all employee groups
achieve 6.5% in 2023.
42. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY
OF SIOUX FALLS AND THE POLICE OFFICERS AND SERGEANTS, SIOUX FALLS
FRATERNAL ORDER OF POLICE LODGE #1 L.C.
Sponsor: Mayor
Background & Objective: Provides an inflationary increase to allow all employee
groups to achieve 6.5% in 2023.
43. A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS
AND LOCAL 814 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
Sponsor: Mayor
Background & Objective: Provides an inflationary increase to achieve 6.5% for all
employee groups in 2023.
44. A RESOLUTION ESTABLISHING REPORTING STRUCTURES, PAY SCALES, AND
EVALUATIONS FOR CITY COUNCIL-APPOINTED STAFF.
Sponsors: Council Members Soehl and Jensen
Background & Objective: The resolution adjusts the city council employee salaries by
3.5 percent to reflect the recently approved supplemental appropriation ordinance that
will fund a cost of living adjustment for city employees.
45. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
Background & Objective: The Resolution appoints/reappoints members to the:
Accessible Housing Advisory Board, Falls Community Health Center Governing Board,
Main Street Business Improvement District Board, and Property Maintenance Board of
Appeals.
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.
46. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED:
February 2, 2023.
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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