City Council Meeting
Regular MeetingSioux Falls, SD · July 18, 2023
Minutes
MINUTES
City Council Meeting
Tuesday, July 18, 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 Greg Neitzert, Council Member Marshall Selberg, Council
Member Curt Soehl, Council Member Pat Starr, Council Member David Barranco,
Council Member Sarah Cole, Council Member Alex Jensen (arr. 6:03 p.m.), Council
Member Rich Merkouris, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Senior Pastor Larry Forristall, New Beginning Faith Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Starr to place the following three items from
Agenda Item 6 on the Reguar Agenda for Council discussion: Sub-Item 1 - Mass
Transit, On-Demand Software Renewal, Pantonium Inc., $105,500, 19-0158; Sub-Item
2 - Health, Joint Participation Agreement for cooperative funding of the Link, August 1,
2023 through July 31, 2026; Sanford Medical Center, Avera McKennan Hospital,
Minnehaha County, Sioux Empire Triage Center, establishes Contribution Rates, see
attached, 23-4068; and Sub-Item 8 - Facilities, Amendment to the Maintenance and
Use Agreement for Triage Center, agreement covers the utilization of the City's camera
and access control system, webpage access, and maintenance of the Triage Center
premises, extends the agreement through December 31, 2024, Avera McKennan Sioux
Empire Triage Center D/B/A The Link, $0, 21-4071.
A motion was made by Council Member Selberg and seconded by Council Member
Merkouris to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, July 11, 2023
City Council Meeting of Tuesday, July 11, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated July 14, 2023.
A motion was made by Council Member Jensen and seconded by Council Member
Selberg to approve Sub-Item 1 - Mass Transit, On-Demand Software Renewal,
Pantonium Inc., $105,500, 19-0158.
Roll call vote to approve. 7 Yes: Neitzert, Selberg, Soehl, Barranco, Cole, Jensen,
Merkouris; 1 No: Starr. Motion Passed.
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to approve Sub-Item 2 - Health, Joint Participation Agreement for cooperative
funding of the Link, August 1, 2023 through July 31, 2026; Sanford Medical Center,
Avera McKennan Hospital, Minnehaha County, Sioux Empire Triage Center,
Establishes Contribution Rates, see attached, 23-4068.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to approve Sub-Item 8 - Facilities, Amendment to the Maintenance and Use
Agreement for Triage Center, Agreement covers the utilization of the City's camera and
access control system, webpage access, and maintenance of the Triage Center
premises, extends the agreement through December 31, 2024, Avera McKennan Sioux
Empire Triage Center D/B/A The Link, $0, 21-4071.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
7. Approval of a request pursuant to SDCL 35-1-5.5 from Ian Peterson to consume, but
not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on
September 15, 2023.
APPLICATIONS
8. Special One-Day Liquor Licenses for Great Bear, 5901 East Rice Street, for weddings
on July 21, September 9, 22 and 23, 2023.
NOTICE OF HEARINGS
9. Set a date of hearing for Wednesday, August 2, 2023. Transfers of 2023-24 Retail
Malt Beverage license and 2023 Wine License for Lupulin Brewing LLC, 2425 South
Shirley Avenue, Suite 112 to expand their licensed premise to include their leased
outdoor parking spots.
10. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt
Beverage License for Coocessions LLC, 6200 South Cliff Avenue.
11. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt
Beverage license and New 2023 Retail Wine License for Altered Species Ales LLC,
2101 West 41st Street, Unit 25.
12. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt
Beverage License for The Den, 909 West Avenue North.
13. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Malt
Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips
Avenue, for a jazz event on August 31, 2023.
14. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Malt
Beverage License for Sioux Falls Sports Authority to be operated at Howard Wood
Field, 1200 North Western Avenue, for Sioux Falls marathon on August 27, 2023.
15. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Liquor
License for Blue Haven Barn to be operated at Bank Midwest, 225 South Minnesota
Avenue, for a chamber mixer on August 8, 2023.
16. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES
IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
17. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN
THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
18. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN
THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
19. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN
THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
20. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF
CONCRETE SIDEWALK AT VARIOUS LOCATIONS.
Sponsor: Mayor
REGULAR AGENDA
21. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Soehl and seconded by Council Member
Neitzert to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
Item 6 was heard at this time. See item for action taken.
UNFINISHED BUSINESS
22. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for
Candylicious Allure, 4708 East 41st Street.
23. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for
Active Generations, 5500 East Active Gen Place.
24. New 2023-24 Retail Malt Beverage License for Gash Barka, 2412 East 10th Street.
25. New 2023-24 Retail Malt Beverage License for Urban Chislic, 431 West 85th Street.
26. Transfer of 2023-24 Retail Malt Beverage License, including video lottery terminals,
from Urban Chislic, 431 West 85th Street, to Overtime Sports Grill and Bar, 4525 East
26th Street.
27. Transfer of 2023-24 Retail Malt Beverage License, including video lottery terminals,
from High Rollers Casino, 803 South Cliff Avenue, to Overtime Sports Grill and Bar,
4531 East 26th Street.
28. Special One-Day Liquor License for T Slat Inc, to be operated at 480 East 69th Street,
for a wedding reception on July 28, 2023.
29. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2801 Jaycee Lane,
for the airshow on July 29-30, 2023.
30. Special One-Day Liquor License for Downtown Sioux Falls Inc., to be operated at in
area described as Avera/Great Outdoor Store parking lots, on Second Avenue between
East 10th Street and East 11th Street, Third Avenue to the bridge underpass and
Fawick Park green space, for Riverfest on August 19, 2023.
31. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated
at 1801 Summit Street, the finish line for Sioux Falls marathon on August 27, 2023.
32. Special One-day Liquor Licenses for Sanford Health to be operated at 3101 West 22nd
Street golf course only, for PGA Tour Champions Event on September 11-17, 2023.
A motion was made by Council Member Neitzert and seconded by Council Member
Barranco to withdraw the Special One-Day Malt Beverage License for Sioux Falls
Sports Authority to be operated at 1801 Summit Street, the finish line for Sioux Falls
marathon on August 27, 2023, at the request of the applicant.
Roll call vote to withdraw. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to approve remaining items under Unfinished Business except for the withdrawn
item.
Roll call vote to approve. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole,
Jensen, Merkouris; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE FIRST READINGS
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 77TH ST. AND EAST OF S. CLIFF AVE. FROM
THE CN CONSERVATION, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO
THE CN CONSERVATION AND C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICTS, NO. 18219-2023, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Private Applicant(s): Cliff Bend Properties LLC – Brent Bargmann
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. 77TH ST. AND WEST OF S. CLIFF AVE. FROM
THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE
DISTRICT, NO. 18252-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): 1120 Properties, LLC - Richard Naser
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. MADISON ST. AND EAST OF N. LA MESA DR.
FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 18108-2023, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Private Applicant(s): Sayre Associates - Jeff Boldt
A motion was made by Council Member Soehl and seconded by Council Member Cole
to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. BENSON RD. AND WEST OF N. MARION RD.
FROM THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO
THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 18203-2023,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (5-0).
Private Applicant(s): Signature Companies, LLC – Dave Jibben
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY. AND EAST OF S. HEIN
AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE O OFFICE
DISTRICT, NO. 18195-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): Signature Companies, LLC – Dave Jibben
A motion was made by Council Member Cole and seconded by Council Member
Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 628 S. DAKOTA AVE. FROM THE RA-1 APARTMENT
RESIDENTIAL—LOW DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL
DISTRICT, NO. 18218-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-1).
Private Applicant(s): Kingdom Boundaries Prison Aftercare – Jeff Haverhals
A motion was made by Council Member Soehl and seconded by Council Member
Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Soehl, Starr, Cole,
Jensen, Merkouris; 1 No: Barranco. Motion Passed.
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 26TH ST. AND EAST OF I-229. FROM THE CN
CONSERVATION DISTRICT TO THE REC RECREATION DISTRICT, NO. 18268-
2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (5-0).
Private Applicant(s): YMCA – Michael Murphy
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 7 Yes: Neitzert, Selberg, Starr, Barranco,
Cole, Jensen, Merkouris; 0 No: (None). Motion Passed. Soehl was not present for the
vote on this motion.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING,
SUBCHAPTER: OFF-PREMISES SIGNS, TO ALLOW FOR AN OFF-PREMISES SIGN
ON CERTAIN PROPERTIES WITH THE OPEN2 FORM.
Sponsors: Council Members Jensen and Neitzert
A motion was made by Council Member Jensen and seconded by Council Member
Neitzert to set a date of 2nd Reading for Wednesday, August 2, 2023 for this item.
Roll call vote to set a date of 2nd Reading. 8 Yes: Neitzert, Selberg, Soehl, Starr,
Barranco, Cole, Jensen, Merkouris; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
41. A RESOLUTION IN SUPPORT OF THE CITY OF SIOUX FALLS, DEPARTMENT OF
PUBLIC WORKS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE
FINANCING PROGRAM (HIFP) GRANT FUNDING.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Barranco to adopt Resolution No. 64-23.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
RESOLUTION NO. 64-23
A RESOLUTION IN SUPPORT OF THE CITY OF SIOUX FALLS, DEPARTMENT OF
PUBLIC WORKS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING
PROGRAM (HIFP) GRANT FUNDING.
WHEREAS, the City of Sioux Falls has received preliminary plans for the public infrastructure
proposed in the application for HIFP funds and desires assistance from the South Dakota
Housing Development Authority for the purpose of providing housing development in South
Dakota by providing grants and loans for housing infrastructure; and
WHEREAS, the above referenced plans have been presented and have shown to satisfy the
requirements of the City of Sioux Falls; and
WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply,
water treatment facilities, and wastewater treatment facilities to support this public
infrastructure; and
WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing
maintenance responsibility by the City of Sioux Falls; and
WHEREAS, the City of Sioux Falls, by way of this resolution, hereby approves of this
proposed housing infrastructure project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls,
South Dakota.
Date adopted: 07/18/23 .
Paul TenHaken, Mayor
ATTEST:
James David, Acting City Clerk
42. A RESOLUTION IN SUPPORT OF AFFORDABLE HOUSING SOLUTIONS’
APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM
(HIFP) GRANT FUNDING.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Soehl to adopt Resolution No. 65-23.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
RESOLUTION NO. 65-23
A RESOLUTION IN SUPPORT OF AFFORDABLE HOUSING SOLUTIONS’ APPLICATION
FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP) GRANT
FUNDING.
WHEREAS, the City of Sioux Falls has received preliminary plans from Affordable Housing
Solutions for the public infrastructure proposed in the application for HIFP funds and desires
assistance from the South Dakota Housing Development Authority for the purpose of
providing housing development in South Dakota by providing grants and loans for housing
infrastructure; and
WHEREAS, the above referenced plans have been presented and have shown to satisfy the
requirements of the City of Sioux Falls; and
WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply,
water treatment facilities, and wastewater treatment facilities to support this public
infrastructure; and
WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing
maintenance responsibility by the City of Sioux Falls; and
WHEREAS, the City of Sioux Falls, by way of this resolution, hereby approves of this
proposed housing infrastructure project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls,
South Dakota.
Date adopted: 07/18/23 .
Paul TenHaken, Mayor
ATTEST:
James David, Acting City Clerk
43. A RESOLUTION IN SUPPORT OF SOUTH EASTERN DEVELOPMENT
FOUNDATION’S APPLICATION FOR THE HOUSING INFRASTRUCTURE
FINANCING PROGRAM (HIFP) GRANT FUNDING.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to adopt Resolution No. 66-23.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
RESOLUTION NO. 66-23
A RESOLUTION IN SUPPORT OF SOUTH EASTERN DEVELOPMENT FOUNDATION’S
APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM (HIFP)
GRANT FUNDING.
WHEREAS, the City of Sioux Falls has received preliminary plans from South Eastern
Development Foundation for the public infrastructure proposed in the application for HIFP
funds and desires assistance from the South Dakota Housing Development Authority for the
purpose of providing housing development in South Dakota by providing grants and loans for
housing infrastructure; and
WHEREAS, the above referenced plans have been presented and have shown to satisfy the
requirements of the City of Sioux Falls; and
WHEREAS, the City of Sioux Falls confirms that there is capacity for adequate water supply,
water treatment facilities, and wastewater treatment facilities to support this public
infrastructure; and
WHEREAS, the proposed public infrastructure will be added to the ownership and ongoing
maintenance responsibility by the City of Sioux Falls; and
WHEREAS, the City of Sioux Falls, by way of this resolution, hereby approves of this
proposed housing infrastructure project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That we do hereby certify that the foregoing resolution is passed by the City of Sioux Falls,
South Dakota.
Date adopted: 07/18/23 .
Paul TenHaken, Mayor
ATTEST:
James David, Acting City Clerk
44. 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 Soehl
to adopt Resolution No. 67-23.
Roll call vote to adopt. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
RESOLUTION NO. 67-23
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
Alayna Holmstrom Civil Service Board Reappointed.
Mike Gray Planning Commission Appointed for a term from August
2023 to August 2028.
Jeff Barth Siouxland Heritage Museum Appointed for a term from August
Board 2023 to August 2026. (Replacing
Dianne Metli.)
Arthur Kriens III Siouxland Heritage Museum Appointed for a term from August
Board 2023 to August 2026. (Replacing
Allison Struck.)
Doug Geiken Solid Waste Planning Board Appointed for a term from August
2023 to August 2026. (SD Multi-
Housing Association replacing Ron
Sauby.)
Jarrod Otta Solid Waste Planning Board Appointed for a term from August
2023 to August 2026. (Business
community replacing Greg Bertsch.)
Ruby Zuraff Solid Waste Planning Board Appointed for a term from August
2023 to August 2026. (Hauling
industry representative replacing
Cindy Neuroth.)
David Locke Zoning Board of Adjustment Reappointed.
Jesse Morris Zoning Board of Adjustment Reappointed.
Levi Pfeil Zoning Board of Adjustment Appointed for a term from August
2023 to August 2026.
Date adopted: 07/18/23 .
Paul TenHaken, Mayor
ATTEST:
James David, Acting 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)
45. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED:
June 30, 2023.
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Robert Kolbe spoke about citizens usage of governmental services.
Terry Bultje spoke about E-Bicycles.
Nicky Loyd spoke about inhabitable city property.
Chester Deyoung spoke about city ordinances that cover sewer mains,
Sierra Broussard spoke about activism, code enforcement, and follow up on citizen
complaints.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Soehl to adjourn the meeting at 8:25 p.m.
Voice vote to adjourn. 8 Yes: Neitzert, Selberg, Soehl, Starr, Barranco, Cole, Jensen,
Merkouris; 0 No: (None). Motion Passed.
Tamara Jorgensen, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, July 18, 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 Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member David Barranco
Council Member Sarah Cole
Council Member Alex Jensen
Council Member Rich Merkouris
Mayor Paul TenHaken
2. INVOCATION
Senior Pastor Larry Forristall, New Beginning Faith 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, July 11, 2023
City Council Meeting of Tuesday, July 11, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated July 14, 2023.
7. Approval of a request pursuant to SDCL 35-1-5.5 from Ian Peterson to consume, but
not sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on
September 15, 2023.
APPLICATIONS
8. Special One-Day Liquor Licenses for Great Bear, 5901 East Rice Street, for weddings
on July 21, September 9, 22 and 23, 2023.
NOTICE OF HEARINGS
9. Set a date of hearing for Wednesday, August 2, 2023. Transfers of 2023-24 Retail
Malt Beverage license and 2023 Wine License for Lupulin Brewing LLC, 2425 South
Shirley Avenue, Suite 112 to expand their licensed premise to include their leased
outdoor parking spots.
10. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt
Beverage License for Coocessions LLC, 6200 South Cliff Avenue.
11. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt
Beverage license and New 2023 Retail Wine License for Altered Species Ales LLC,
2101 West 41st Street, Unit 25.
12. Set a date of hearing for Wednesday, August 2, 2023. New 2023-24 Retail Malt
Beverage License for The Den, 909 West Avenue North.
13. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Malt
Beverage and Special One-Day Wine Licenses for The History Club, 758 South Phillips
Avenue, for a jazz event on August 31, 2023.
14. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Malt
Beverage License for Sioux Falls Sports Authority to be operated at Howard Wood
Field, 1200 North Western Avenue, for Sioux Falls marathon on August 27, 2023.
15. Set a date of hearing for Wednesday, August 2, 2023. Special One-Day Liquor
License for Blue Haven Barn to be operated at Bank Midwest, 225 South Minnesota
Avenue, for a chamber mixer on August 8, 2023.
16. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR THE MOWING OF WEEDS AND GRASSES
IN VARIOUS AREAS IN THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
17. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR TREE TRIMMING IN VARIOUS AREAS IN
THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
18. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR SNOW REMOVAL IN VARIOUS AREAS IN
THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
19. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR LITTER REMOVAL IN VARIOUS AREAS IN
THE CITY OF SIOUX FALLS, SOUTH DAKOTA.
Sponsor: Mayor
20. Set a date of hearing for Tuesday, August 8, 2023. A RESOLUTION APPROVING
THE SPECIAL ASSESSMENT ROLL FOR REMOVAL AND REPLACEMENT OF
CONCRETE SIDEWALK AT VARIOUS LOCATIONS.
Sponsor: Mayor
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.
21. 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).
22. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for
Candylicious Allure, 4708 East 41st Street.
23. New 2023 Retail Wine License and New 2023-24 Retail Malt Beverage License for
Active Generations, 5500 East Active Gen Place.
24. New 2023-24 Retail Malt Beverage License for Gash Barka, 2412 East 10th Street.
25. New 2023-24 Retail Malt Beverage License for Urban Chislic, 431 West 85th Street.
26. Transfer of 2023-24 Retail Malt Beverage License, including video lottery terminals,
from Urban Chislic, 431 West 85th Street, to Overtime Sports Grill and Bar, 4525 East
26th Street.
27. Transfer of 2023-24 Retail Malt Beverage License, including video lottery terminals,
from High Rollers Casino, 803 South Cliff Avenue, to Overtime Sports Grill and Bar,
4531 East 26th Street.
28. Special One-Day Liquor License for T Slat Inc, to be operated at 480 East 69th Street,
for a wedding reception on July 28, 2023.
29. Special One-Day Liquor Licenses for T Slat Inc., to be operated at 2801 Jaycee Lane,
for the airshow on July 29-30, 2023.
30. Special One-Day Liquor License for Downtown Sioux Falls Inc., to be operated at in
area described as Avera/Great Outdoor Store parking lots, on Second Avenue between
East 10th Street and East 11th Street, Third Avenue to the bridge underpass and
Fawick Park green space, for Riverfest on August 19, 2023.
31. Special One-Day Malt Beverage License for Sioux Falls Sports Authority to be operated
at 1801 Summit Street, the finish line for Sioux Falls marathon on August 27, 2023.
32. Special One-day Liquor Licenses for Sanford Health to be operated at 3101 West 22nd
Street golf course only, for PGA Tour Champions Event on September 11-17, 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 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).
33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 77TH ST. AND EAST OF S. CLIFF AVE. FROM
THE CN CONSERVATION, C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR, RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICTS TO
THE CN CONSERVATION AND C-2 COMMERCIAL—NEIGHBORHOOD AND
STREETCAR DISTRICTS, NO. 18219-2023, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Private Applicant(s): Cliff Bend Properties LLC – Brent Bargmann
Background & Objective: The purpose of this rezoning is to allow for future
commercial development while recognizing the drainage areas with conservation
zoning.
34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. 77TH ST. AND WEST OF S. CLIFF AVE. FROM
THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE
DISTRICT, NO. 18252-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Private Applicant(s): 1120 Properties, LLC - Richard Naser
Background & Objective: The purpose of this rezoning is to allow a small piece of land
to be platted into the existing office parcel to the south.
35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. MADISON ST. AND EAST OF N. LA MESA DR.
FROM THE RR SINGLE-FAMILY RESIDENTIAL—RURAL DISTRICT TO THE RS
SINGLE-FAMILY RESIDENTIAL—SUBURBAN AND RA-3 APARTMENT
RESIDENTIAL—HIGH DENSITY DISTRICTS, NO. 18108-2023, 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 Wednesday, August 2, 2023.
Private Applicant(s): Sayre Associates - Jeff Boldt
Background & Objective: This rezoning will allow for a future residential development.
36. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF W. BENSON RD. AND WEST OF N. MARION RD.
FROM THE RA 2 APARTMENT RESIDENTIAL—MODERATE DENSITY DISTRICT TO
THE RA-3 APARTMENT RESIDENTIAL—HIGH DENSITY DISTRICT, NO. 18203-2023,
AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Private Applicant(s): Signature Companies, LLC – Dave Jibben
Background & Objective: The purpose of this rezoning is to allow the applicant to
construct 50-unit apartment buildings.
37. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF E. ARROWHEAD PKWY. AND EAST OF S. HEIN
AVE. FROM THE C-4 COMMERCIAL—REGIONAL DISTRICT TO THE O OFFICE
DISTRICT, NO. 18195-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Private Applicant(s): Signature Companies, LLC – Dave Jibben
Background & Objective: The purpose of this rezoning is to allow the construction of
an office building.
38. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 628 S. DAKOTA AVE. FROM THE RA-1 APARTMENT
RESIDENTIAL—LOW DENSITY DISTRICT TO THE S-1 GENERAL INSTITUTIONAL
DISTRICT, NO. 18218-2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. 218-2023, AND AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-
1).
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Private Applicant(s): Kingdom Boundaries Prison Aftercare – Jeff Haverhals
Background & Objective: The purpose of this rezoning would be to allow the
renovation of the existing apartment complex into a halfway house.
39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 26TH ST. AND EAST OF I-229. FROM THE CN
CONSERVATION DISTRICT TO THE REC RECREATION DISTRICT, NO. 18268-
2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Private Applicant(s): YMCA – Michael Murphy
Background & Objective: Th purpose of this request is to match the zoning to the
current use of the property.
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 160: ZONING,
SUBCHAPTER: OFF-PREMISES SIGNS, TO ALLOW FOR AN OFF-PREMISES SIGN
ON CERTAIN PROPERTIES WITH THE OPEN2 FORM.
Recommendation: Set a date of 2nd Reading for Wednesday, August 2, 2023.
Sponsors: Council Members Jensen and Neitzert
Background & Objective: The proposed amendment would allow off-premises signs in
the OPEN2 form when the principal use is a cultural facility AND the off-premises sign is
located adjacent to an interstate.
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).
41. A RESOLUTION IN SUPPORT OF THE CITY OF SIOUX FALLS, DEPARTMENT OF
PUBLIC WORKS’ APPLICATION FOR THE HOUSING INFRASTRUCTURE
FINANCING PROGRAM (HIFP) GRANT FUNDING.
Sponsor: Mayor
Background & Objective: This item was unanimously supported by the Accessible
Housing Advisory Board. This resolution is in support of the City's application for the
Housing Infrastructure Finance Program grant.
42. A RESOLUTION IN SUPPORT OF AFFORDABLE HOUSING SOLUTIONS’
APPLICATION FOR THE HOUSING INFRASTRUCTURE FINANCING PROGRAM
(HIFP) GRANT FUNDING.
Sponsor: Mayor
Background & Objective: This item received unanimous support from the Accessible
Housing Advisory Board. This is a resolution of support for Affordable Housing
Solution's application for Housing Infrastructure Financing Program grant funds.
43. A RESOLUTION IN SUPPORT OF SOUTH EASTERN DEVELOPMENT
FOUNDATION’S APPLICATION FOR THE HOUSING INFRASTRUCTURE
FINANCING PROGRAM (HIFP) GRANT FUNDING.
Sponsor: Mayor
Background & Objective: This item received unanimous support from the Accessible
Housing Advisory Board. This is a resolution of support for SEDF's application for
Housing Infrastructure Financing Program grant funds.
44. 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: Civil
Service Board; Planning Commission; Siouxland Heritage Museum Board; Solid Waste
Planning Board; and Zoning Board of Adjustment.
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.
45. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED:
June 30, 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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