City Council Meeting
Regular MeetingSioux Falls, SD · February 13, 2024
Minutes
MINUTES
City Council Meeting
Tuesday, February 13, 2024, 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 David Barranco, Council Member Sarah Cole, Council
Member Rich Merkouris, Council Member Greg Neitzert, Council Member Marshall
Selberg, Council Member Curt Soehl, Mayor Paul TenHaken
Absent: Council Member Alex Jensen, Council Member Pat Starr
2. INVOCATION
Tajuan Jackson, Deeper Wells Church Family
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
Council Member Greg Neitzert took a moment of privilege to recognize Gary Horrocks,
the new general manager of SAM, who was in attendance, along with the safety and
operations managers.
4. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Merkouris to approve the Consent Agenda.
Roll call vote to approve. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
5. APPROVAL OF MINUTES
Regular City Council Meeting of Monday, February 5, 2024
COMMUNICATIONS
6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through
January 31, 2024.
7. Approval of contracts/agreements over $100K on the memorandum dated February 9,
2024.
NOTICE OF HEARINGS
8. Set a date of hearing for Tuesday, March 5, 2024. A RESOLUTION OF INTENT TO
ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY.
Sponsor: Mayor
REGULAR AGENDA
9. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Cole to approve the Regular Agenda.
Roll call vote to approve. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH
DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS
THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER
SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER
SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM
REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY
DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA
CONSERVANCY DISTRICT NOT TO EXCEED $61,000,000.
Sponsor: Mayor
A motion was made by Council Member Neitzert and seconded by Council Member
Merkouris to adopt Ordinance No. 10-24.
Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING
BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF
CHAPTER 38: ELECTIONS.
Sponsors: Council Members Selberg and Merkouris
A motion was made by Council Member Selberg and seconded by Council Member
Merkouris to adopt Ordinance No. 11-24.
Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
12. A RESOLUTION OF THE CITY OF SIOUX FALLS DECLARING SUPPORT AND
ADOPTION OF THE 2023 PRE-DISASTER MITIGATION PLAN FOR MINNEHAHA
AND LINCOLN COUNTIES.
Sponsor: Mayor
A motion was made by Council Member Soehl and seconded by Council Member
Barranco to adopt Resolution No. 9-24.
Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
RESOLUTION NO. 9-24
A RESOLUTION OF THE CITY OF SIOUX FALLS DECLARING SUPPORT AND
ADOPTION OF THE 2023 PRE-DISASTER MITIGATION PLAN FOR MINNEHAHA
AND LINCOLN COUNTIES.
WHEREAS, the City of Sioux Falls supports the contents of the 2023 Pre-Disaster
Mitigation Plan for Minnehaha and Lincoln Counties; and
WHEREAS, the 2023 Pre-Disaster Mitigation Plan for Minnehaha and Lincoln Counties
will be utilized as a guide for planning related to FEMA Hazard Mitigation and other
purposes as deemed appropriate by the City of Sioux Falls.
NOW, THEREFORE, BE IT RESOLVED that the City of Sioux Falls hereby adopts,
supports, and will facilitate the implementation of the 2023 Pre-Disaster Mitigation Plan
for Minnehaha and Lincoln Counties.
Date adopted: 02/13/24 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
13. A RESOLUTION ACKNOWLEDGING THE ASSIGNMENT OF ORDINANCE NO. 17-
21 FROM NORTHWESTERN CORPORATION TO NORTHWESTERN ENERGY
PUBLIC SERVICE CORPORATION.
Sponsor: Mayor
A motion was made by Council Member Selberg and seconded by Council Member
Cole to adopt Resolution No. 10-24.
Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
RESOLUTION NO. 10-24
A RESOLUTION ACKNOWLEDGING THE ASSIGNMENT OF ORDINANCE NO.
17-21 FROM NORTHWESTERN CORPORATION TO NORTHWESTERN ENERGY
PUBLIC SERVICE CORPORATION.
WHEREAS, the City of Sioux Falls adopted Ordinance No. 17-21 dated February 26,
2021 (the “Franchise Ordinance”), authorizing NorthWestern Corporation to operate the
gas distribution system within the city of Sioux Falls pursuant to the Natural Gas
Franchise Agreement No. 21-3063; and
WHEREAS, as of January 1, 2024, NorthWestern Corporation’s South Dakota and
Nebraska assets and related contractual obligations will transfer to a new entity named
NorthWestern Energy Public Service Corporation d/b/a NorthWestern Energy
consistent with a corporate reorganization authorized by the South Dakota Public
Utilities Commission (GE22-022); and
WHEREAS; other than the above-referenced transfer, there is no change to the terms
and conditions of the Franchise Ordinance of performance thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That the City of Sioux Falls hereby acknowledges and accepts the assignment of the
Franchise Ordinance from NorthWestern Corporation to NorthWestern Energy Public
Service Corporation.
That the City shall publish this resolution, without attachments, after its passage. The
attachments are on file and available for inspection in the office of the City Clerk.
Date adopted: 02/13/24 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
14. A RESOLUTION REMOVING UNCOLLECTIBLE AND DELINQUENT ACCOUNTS
FROM THE RECORDS.
Sponsor: Mayor
A motion was made by Council Member Neitzert and seconded by Council Member
Cole to adopt Resolution No. 11-24.
Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
RESOLUTION NO. 11-24
A RESOLUTION REMOVING UNCOLLECTIBLE AND DELINQUENT ACCOUNTS
FROM THE RECORDS.
WHEREAS, the City has attempted by reasonable means to collect the outstanding
accounts receivable on the below-listed accounts; and
WHEREAS, the City considers the accounts outstanding for more than one year to be
“uncollectible” for purposes of disclosing on the financial statements of the City; and
WHEREAS, the City may continue efforts to collect such “uncollectible” debt;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
That pursuant to Section 30.028 of the Code of Ordinances of Sioux Falls, SD, it
hereby authorizes the removal of the following accounts as uncollectible and authorizes
the disclosure of the same on the annual financial reports:
Customer Department Customer Name Reason Amount
No.
N1007- Housing Confidential Sheriff’s Sale $17,580.61
D1/N1007AD2
HH0186D1 Housing Confidential Sheriff’s Sale $6,000.00
3595 Fleet Jessica J. Uncollectible $5,510.14
Farmer
4037 Fleet Louis Quigley Uncollectible $16,369.45
3355 Light and Power Gabriel R. Attorney’s $6,664.96
Marcial Unable to
Locate
3191 Light and Power Raymond J. Attorney’s $5,898.69
Overton Unable to
Locate
3855 Water 3J General Attorney’s $7,844.96
Construction Unable to
LLC Locate
4037 Workers’ Louis Quigley Uncollectible $66,215.78
Compensation
Date adopted: 02/13/24 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
15. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Cole and seconded by Council Member
Barranco to adopt Resolution No. 12-24.
Roll call vote to adopt. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
RESOLUTION NO. 12-24
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
Josh Mueller Disability Awareness and Appointed for a term from
Accessibility Review Board March 2024 to March 2027.
(DAARB)
Carlos Castillo Falls Community Health Appointed for a term from
Center Governing Board March 2024 to March 2027
(replacing Bernie Schmidt).
Date adopted: 02/13/24 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Mat Tougas, with Sioux Empire TNR (Trap, Neuter, Return), spoke about who they are
and what they do as an organization.
Dennis Haugan praised the mayor for his efforts in obtaining more "tutors" for school
children.
Bonnie Jennings-Christiansen spoke about issues regarding loud bass drum music and
parties at Frank Olson Park East.
Chester Deyoung spoke about meetings with City staff regarding Grant Street.
ADJOURNMENT
A motion was made by Council Member Selberg and seconded by Council Member
Merkouris to adjourn at 6:26 p.m.
Voice vote to adjourn. 6 Yes: Barranco, Cole, Merkouris, Neitzert, Selberg, Soehl; 0
No: (None). Motion Passed.
Denise D. Tucker, MMC, Assistant City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, February 13, 2024, 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
Tajuan Jackson, Deeper Wells Church Family
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
Regular City Council Meeting of Monday, February 5, 2024
COMMUNICATIONS
6. Notice of Contracts/Agreements under $100K and Change Orders over $100K through
January 31, 2024.
7. Approval of contracts/agreements over $100K on the memorandum dated February 9,
2024.
NOTICE OF HEARINGS
8. Set a date of hearing for Tuesday, March 5, 2024. A RESOLUTION OF INTENT TO
ENTER INTO A LEASE OF MUNICIPAL REAL PROPERTY.
Sponsor: Mayor
Background & Objective: City administration contemplates leasing multiple properties
owned by the city.
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.
9. APPROVAL OF THE REGULAR AGENDA
INTRODUCTION AND ADOPTION OF ORDINANCES
The title of each ordinance is read twice with at least five days intervening between the first and second
reading (SDCL 9-19-7).
ORDINANCE SECOND READINGS
Ordinance Second Readings are considered for final adoption; the ordinance title was read at a previous
meeting.
Actions: Presentation, Public Comment (five minutes), Council Questions, Motion, Debate, Vote (five
affirmative votes by members of the Council for adoption of ordinances (some ordinances require six
affirmative votes for adoption)).
10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE ISSUANCE OF ITS WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH
DAKOTA CONSERVANCY DISTRICT, AUTHORIZING THE USE OF THE PROCEEDS
THEREOF FOR CAPITAL IMPROVEMENTS, PLEDGING THE WASTEWATER
SYSTEM REVENUE OF THE CITY TO THE PAYMENT OF SAID WASTEWATER
SYSTEM REVENUE BOND, FIXING THE TERMS OF SUCH WASTEWATER SYSTEM
REVENUE BOND, AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN
AGREEMENT BETWEEN THE CITY AND THE SOUTH DAKOTA CONSERVANCY
DISTRICT, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
WASTEWATER SYSTEM REVENUE BOND TO THE SOUTH DAKOTA
CONSERVANCY DISTRICT NOT TO EXCEED $61,000,000.
Sponsor: Mayor
Background & Objective: This ordinance authorizes the City to coordinate with the
Department of Agriculture and Natural Resources on the issuance of bonds and execute
a loan agreement for Pump Station 240 Capacity Improvements. This project will be
using State Revolving Fund (SRF) Loans. Pump Station 240 is on the east side near Six
Mile Road and 57th Street.
11. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING
THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS, SD, BY REVISING
BOUNDARIES FOR VOTING PRECINCTS AS SET FORTH IN SECTION 38.003 OF
CHAPTER 38: ELECTIONS.
Sponsors: Council Members Selberg and Merkouris
Background & Objective: This ordinance updates some of the precincts within the
City's Central Council District. These changes mirror the precinct updates by Minnehaha
County and will keep the polling locations the same for the voters for the Municipal
Election and the Primary/General Elections.
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).
12. A RESOLUTION OF THE CITY OF SIOUX FALLS DECLARING SUPPORT AND
ADOPTION OF THE 2023 PRE-DISASTER MITIGATION PLAN FOR MINNEHAHA
AND LINCOLN COUNTIES.
Sponsor: Mayor
Background & Objective: The Minnehaha and Lincoln Counties Pre-Disaster
Mitigation Plan is a federally required document that covers the City of Sioux Falls and
makes the City eligible for Federal dollars related to emergency events and prevention.
The plan is required to be updated regularly and this version is the latest version as
required by the Federal government. The full plan can be found online at:
https://cms2.revize.com/revize/secoghousing/Pre-Disaster Mitigation/Compressed -
Final Draft of the Lincoln County & Minnehaha County Pre-Disaster Mitigation Plan
2023.pdf
13. A RESOLUTION ACKNOWLEDGING THE ASSIGNMENT OF ORDINANCE NO. 17-
21 FROM NORTHWESTERN CORPORATION TO NORTHWESTERN ENERGY
PUBLIC SERVICE CORPORATION.
Sponsor: Mayor
Background & Objective: The City adopted Ordinance No. 17-21 dated February 26,
2021, authorizing NorthWestern Corporation to operate the gas distribution system
within the city of Sioux Falls. As of January 1, 2024, NorthWestern Corporation’s South
Dakota and Nebraska assets and related contractual obligations will transfer to a new
entity named NorthWestern Energy Public Service Corp Corporation d/b/a
NorthWestern Energy consistent with a corporate reorganization authorized by the
South Dakota Public Utilities Commission.
14. A RESOLUTION REMOVING UNCOLLECTIBLE AND DELINQUENT ACCOUNTS
FROM THE RECORDS.
Sponsor: Mayor
Background & Objective: Annual approval of uncollectible accounts over $5,000 as
required by the City's Code of Ordinances.
15. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO CERTAIN CITIZEN BOARDS.
Sponsor: Mayor
Background & Objective: The Resolution appoints/reappoints members to the:
Disability Awareness and Accessibility Review Board (DAARB) and Falls Community
Health Center Governing Board.
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.GOV FOR MORE INFORMATION.
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