City Council Meeting
Regular MeetingSioux Falls, SD · November 21, 2023
Minutes
MINUTES
City Council Meeting
Tuesday, November 21, 2023, at 6:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
2. INVOCATION
Pastor Layne Nelson, East Side Lutheran Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A request was made by Council Member Starr to place the following two items from the
Consent Agenda onto the Reguar Agenda for Council discussion: Agenda Item 6, Sub-
Item 12 - Attorneys; Implied Charitable Trust Research Retainer Agreement; 23-4305;
Woods, Fuller, Schultz & Smith, P.C.; Not to Exceed $10,000.00; and Agenda Item 9 -
Special One-Day Liquor Licenses for Landscapes Management Company, to be
operated at the Downtown Plaza, 140 East 10th Street (south side of ramp), for winter
weekends on November 24 and 25, December 1,2, 8, 9, 15, and 16, 2023.
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: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 14, 2023
City Council Meeting of Tuesday, November 14, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 17, 2023.
A motion was made by Council Member Soehl and seconded by Council Member Starr
to approve Sub-Item 12 Attorneys; Implied Charitable Trust Research Retainer
Agreement; 23-4305; Woods, Fuller, Schultz & Smith, P.C.; Not to Exceed $10,000.00.
Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
7. Notice of change orders on the memorandum dated November 17, 2023.
8. Approval of a request pursuant to SDCL 35-1-5.5 from Burger King to consume, but not
sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on January 8,
2024.
APPLICATIONS
9. Special One-Day Liquor Licenses for Landscapes Management Company, to be
operated at the Downtown Plaza, 140 East 10th Street (south side of ramp), for winter
weekends on November 24 and 25, December 1,2, 8, 9, 15, and 16, 2023.
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to approve Item 9.
Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
10. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License
renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as
Exhibit B.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
11. Parcel #94550, for 2022 property taxes in the amount of $158.66. Reason: The property
is exempt from the tax.
NOTICE OF HEARINGS
12. Set a date of hearing for Tuesday, December 5, 2023. New 2023-24 Retail Malt
Beverage License for Ramada, 407 South Lyons Avenue.
13. Set a date of hearing for Tuesday, December 5, 2023. Special One-Day Malt
Beverage License for Woodgrain Brewing Company, to be operated at Little Stone
Church, 1001 East 6th Street, for an art market on December 16, 2023.
14. Set a date of hearing for Tuesday, December 5, 2023. Various Retail Liquor, Package
Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at
locations in the City of Sioux Falls, SD, identified as Exhibit E.
REGULAR AGENDA
15. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to approve the Regular Agenda.
Roll call vote to approve. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
Item 6, Sub-Item 12 was heard at this time. See item for action taken.
Item 9 was heard at this time. See item for action taken.
UNFINISHED BUSINESS
16. New 2024 Retail Wine License for Invictus Pizza Kitchen, 3901 West 49th Street, Unit
103.
17. Transfer of 2023 Package Liquor License from Mercato, 631 West 11th Street, to Gash
Barka, 2412 East 10th Street.
18. Renewal of 2024 Package Liquor License for Gash Barka, 2412 East 10th Street.
19. Special One-Day Liquor License for T Slat Inc., to be operated at the Elmen Center,
2505 South Grange Avenue, for a basketball game on November 25, 2023.
20. Special One-Day Liquor License for T Slat Inc., to be operated at Eide Bailly, 345 North
Reid Place, Suite 400, for a ribbon cutting on November 28, 2023.
21. Special One-Day Liquor License for T Slat Inc., to be operated at Convolo, 201 North
Weber Avenue, for a reception on December 2, 2023.
22. Special One-Day Liquor License for Board of Historic Preservation to be operated at the
Old Courthouse Museum, 200 West 6th Street, for a conference on May 22, 2024.
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to approve Items 16 through 22.
Roll call vote to approve. 7 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl; 1 No: Starr. Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 124:
TRANSPORTATION SERVICES, TO REPEAL THE MAXIMUM RATE OF FARE FOR
TAXICABS AND WHEELCHAIR TRANSPORTS.
Sponsors: Council Members Cole and Soehl
A motion was made by Council Member Cole and seconded by Council Member Soehl
to adopt Ordinance No.108-23.
Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150:
BUILDING, SUBCHAPTER RENTAL HOUSING.
Sponsors: Council Members Merkouris and Soehl
A motion was made by Council Member Merkouris and seconded by Council Member
Soehl to adopt Ordinance No.109-23.
Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150:
BUILDING, SUBCHAPTER RESIDENTIAL BUILDING CONTRACTORS.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Barranco to adopt Ordinance No.110-23.
Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110:
LICENSES, SUBCHAPTER FEE SCHEDULE.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member Cole
to adopt Ordinance No.111-23.
Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 500 S. VAN EPS AVE. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 18753-2023, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Private Applicant(s): TTT Investments, LLC – John Sweets
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Tuesday, December 5, 2023 for Item 27.
Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1821 S. DULUTH AVE. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICT, NO. 18828-2023, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Private Applicant(s): Mark Johnson
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to set a date of 2nd Reading for Tuesday, December 5, 2023 for Item 28.
Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 305 W. 39TH ST. FROM THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18829-
2023, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX
FALLS. The Planning Commission recommends approval (6-0).
Private Applicant(s): T & T Properties, LLC – Todd Bourne
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Tuesday, December 5, 2023 for Item 29.
Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL
REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS.
Sponsor: Mayor
A motion was made by Council Member Cole and seconded by Council Member Soehl
to set a date of 2nd Reading for Tuesday, December 5, 2023 for Item 30.
Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 34: ETHICS AND
CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND
ETHICS BOARD.
Sponsors: Council Members Neitzert and Merkouris
A motion was made by Council Member Neitzert and seconded by Council Member
Merkouris to set a date of 2nd Reading for Tuesday, December 5, 2023 for Item 31.
Roll call vote to set a date of 2nd Reading. 8 Yes: Barranco, Cole, Jensen, Merkouris,
Neitzert, Selberg, Soehl, Starr; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
32. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to adopt Resolution No.127-23.
Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
RESOLUTION NO. 127-23
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
Bill O’Connor Accessible Housing Advisory Reappointed
Board
Kris Denevan Accessible Housing Advisory Reappointed
Board
Date adopted: 11/21/23 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
33. A RESOLUTION RECOGNIZING REGISTERED APPRENTICESHIP.
Sponsors: Council Members Starr and Soehl
A motion was made by Council Member Starr and seconded by Council Member Soehl
to adopt Resolution No.128-23.
Roll call vote to adopt. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
RESOLUTION NO. 128-23
A RESOLUTION RECOGNIZING REGISTERED APPRENTICESHIP.
WHEREAS, National Apprenticeship Week is celebrating its ninth anniversary this
month of raising awareness of the vital role Registered Apprenticeships can play in
people’s lives; and
WHEREAS, Registered Apprenticeship programs enable employers to develop and
train their future workforce while offering career seekers affordable paths to secure
high-paying jobs; and
WHEREAS, the Sioux Falls City Council recognizes the impact of Registered
Apprenticeship programs offered through affiliated labor organizations and employers
in expanding opportunities in our workforce that are inclusive of individuals who have
been historically underserved, marginalized, and adversely affected by persistent
poverty and inequality; and
WHEREAS, Registered Apprenticeship programs provide a path for all qualified
individuals, including women, youth, people of color, veterans, rural communities, and
justice-involved individuals, to become apprentices and contribute to America’s
industries; and
WHEREAS, the Sioux Falls City Council recognizes that Registered Apprenticeship
and pre-apprenticeship programs, such as those sponsored by building trades unions,
are a key strategy to improving job quality and creating access to good-paying, family-
sustaining jobs for all, starting with youth and young adults, while addressing some of
our nation’s pressing workforce challenges such as rebuilding our infrastructure and
modernizing our energy economy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the Sioux Falls City Council recognizes the contribution of Registered
Apprenticeship programs in creating opportunities for individuals, allowing apprentices
to earn while they learn, and preparing a pathway to good, quality jobs and well-paying
careers in the city of Sioux Falls and across the nation.
Date adopted: 11/21/23 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED
APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR
ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION
5.07(d)
34. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED:
October 31, 2023.
NEW BUSINESS
GENERAL PUBLIC INPUT
David Zokaites spoke on transforming government via charter.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to adjourn the meeting at 7:36 p.m.
Voice vote to adjourn. 8 Yes: Barranco, Cole, Jensen, Merkouris, Neitzert, Selberg,
Soehl, Starr; 0 No: (None). Motion Passed.
Jermery J. Washington, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, November 21, 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 David Barranco
Council Member Sarah Cole
Council Member Alex Jensen
Council Member Rich Merkouris
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Mayor Paul TenHaken
2. INVOCATION
Pastor Layne Nelson, East Side Lutheran Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Items appearing on the Consent Agenda are routine administrative items and are acted upon by the Council
with one vote. Pursuant to §30.014(b) of the Code of Ordinances, “At the request of any one council
member, an item may be removed from the consent agenda and placed on the regular agenda whenever
that council member believes additional discussion on the item is necessary”. Items removed from the
Consent Agenda are typically considered after Approval of the Regular Agenda.
4. APPROVAL OF THE CONSENT AGENDA
5. APPROVAL OF MINUTES
Informational Meeting of Tuesday, November 14, 2023
City Council Meeting of Tuesday, November 14, 2023
COMMUNICATIONS
6. Approval of contracts/agreements on the memorandum dated November 17, 2023.
7. Notice of change orders on the memorandum dated November 17, 2023.
8. Approval of a request pursuant to SDCL 35-1-5.5 from Burger King to consume, but not
sell, alcoholic beverages at the Old Courthouse Museum, 200 W. 6th St., on January 8,
2024.
APPLICATIONS
9. Special One-Day Liquor Licenses for Landscapes Management Company, to be
operated at the Downtown Plaza, 140 East 10th Street (south side of ramp), for winter
weekends on November 24 and 25, December 1,2, 8, 9, 15, and 16, 2023.
10. Various Retail Liquor, Package Liquor, Package Delivery and Retail Wine License
renewals for 2024 to be operated at locations in the City of Sioux Falls, SD, identified as
Exhibit B.
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
11. Parcel #94550, for 2022 property taxes in the amount of $158.66. Reason: The property
is exempt from the tax.
NOTICE OF HEARINGS
12. Set a date of hearing for Tuesday, December 5, 2023. New 2023-24 Retail Malt
Beverage License for Ramada, 407 South Lyons Avenue.
13. Set a date of hearing for Tuesday, December 5, 2023. Special One-Day Malt
Beverage License for Woodgrain Brewing Company, to be operated at Little Stone
Church, 1001 East 6th Street, for an art market on December 16, 2023.
14. Set a date of hearing for Tuesday, December 5, 2023. Various Retail Liquor, Package
Liquor, Package Delivery and Retail Wine License renewals for 2024 to be operated at
locations in the City of Sioux Falls, SD, identified as Exhibit E.
REGULAR AGENDA
The City Council may adopt the Regular Agenda by a majority vote during “Approval of the Regular
Agenda”. The Council may also change the order of items or remove items, both by amendment. Items up
for consideration are presented and public comment is taken prior to the making of motions.
For Regular Agenda items, comments are limited to three minutes, unless the item is being presented for
final adoption, in which case public input is limited to five minutes. For all Regular Agenda items, comments
are limited to the agenda item under consideration only.
15. 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).
16. New 2024 Retail Wine License for Invictus Pizza Kitchen, 3901 West 49th Street, Unit
103.
17. Transfer of 2023 Package Liquor License from Mercato, 631 West 11th Street, to Gash
Barka, 2412 East 10th Street.
18. Renewal of 2024 Package Liquor License for Gash Barka, 2412 East 10th Street.
19. Special One-Day Liquor License for T Slat Inc., to be operated at the Elmen Center,
2505 South Grange Avenue, for a basketball game on November 25, 2023.
20. Special One-Day Liquor License for T Slat Inc., to be operated at Eide Bailly, 345 North
Reid Place, Suite 400, for a ribbon cutting on November 28, 2023.
21. Special One-Day Liquor License for T Slat Inc., to be operated at Convolo, 201 North
Weber Avenue, for a reception on December 2, 2023.
22. Special One-Day Liquor License for Board of Historic Preservation to be operated at the
Old Courthouse Museum, 200 West 6th Street, for a conference on May 22, 2024.
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)).
23. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 124:
TRANSPORTATION SERVICES, TO REPEAL THE MAXIMUM RATE OF FARE FOR
TAXICABS AND WHEELCHAIR TRANSPORTS.
Sponsors: Council Members Cole and Soehl
Background & Objective: The proposed ordinance removes the maximum that can be
charged by a taxicab and wheelchair transport.
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150:
BUILDING, SUBCHAPTER RENTAL HOUSING.
Sponsors: Council Members Merkouris and Soehl
Background & Objective: The proposed ordinance amends the existing Rental
Housing Ordinance by updating the definition of short-term rental to reflect state law;
require an online option for the rental permit; require two hours of course curriculum for
the rental permit; and institute a one-time $50 fee per rental building beginning July 1,
2024 along with other changes.
25. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 150:
BUILDING, SUBCHAPTER RESIDENTIAL BUILDING CONTRACTORS.
Sponsor: Mayor
Background & Objective: An amendment to the ordinance to create a sub-license for
Residential Roofing and Repair Contracting.
26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 110:
LICENSES, SUBCHAPTER FEE SCHEDULE.
Sponsor: Mayor
Background & Objective: An amendment to the ordinance to add Residential Roofing
and Repair Contractors license fees.
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).
27. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 500 S. VAN EPS AVE. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT, NO. 18753-2023, 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 Tuesday, December 5, 2023.
Private Applicant(s): TTT Investments, LLC – John Sweets
Background & Objective: Rezone to allow the property to be redeveloped as a duplex.
28. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1821 S. DULUTH AVE. FROM THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT TO THE RD-2 TOWNHOME
RESIDENTIAL—SUBURBAN DISTRICT, NO. 18828-2023, 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 Tuesday, December 5, 2023.
Private Applicant(s): Mark Johnson
Background & Objective: Rezone to allow the property to be redeveloped with a 3 unit
townhome.
29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 305 W. 39TH ST. FROM THE RD-1 TWIN HOME/DUPLEX
RESIDENTIAL—SUBURBAN DISTRICT TO THE O OFFICE DISTRICT, NO. 18829-
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 Tuesday, December 5, 2023.
Private Applicant(s): T & T Properties, LLC – Todd Bourne
Background & Objective: Rezone to match the zoning to the existing use of the
property as an office.
30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 39: PERSONNEL
REGULATIONS AND BENEFITS; RETIREMENT AND PENSIONS.
Recommendation: Set a date of 2nd Reading for Tuesday, December 5, 2023.
Sponsor: Mayor
Background & Objective: Amending personnel regulations to support the policy
decision that was approved on October 24 through the Joint Cooperative Agreement
between the City of Sioux Falls and Minnehaha County to move Metro Communications
employees to the City of Sioux Falls effective in 2024.
31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 34: ETHICS AND
CHAPTER 35: CONFLICTS OF INTEREST OF OFFICERS AND EMPLOYEES AND
ETHICS BOARD.
Recommendation: Set a date of 2nd Reading for Tuesday, December 5, 2023.
Sponsors: Council Members Neitzert and Merkouris
Background & Objective: The proposed ordinance provides clarity to the City Council
and Board of Ethics in regards to the Ethics and Conflict of Interest ordinances.
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).
32. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
Background & Objective: The resolution reappoints members to the: Accessible
Housing Advisory Board.
33. A RESOLUTION RECOGNIZING REGISTERED APPRENTICESHIP.
Sponsors: Council Members Starr and Soehl
Background & Objective: This resolution recognizes Registered Apprenticeship and
its programs.
REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED
APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR
ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION
5.07(d)
These items are read into the record with no action taken by the City Council. Some reports are formally
presented.
34. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED:
October 31, 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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