City Council Meeting
Regular MeetingSioux Falls, SD · March 12, 2024
Minutes
MINUTES
City Council Meeting
Tuesday, March 12, 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 Rich Merkouris, Council Member Curt Soehl, Council
Member Pat Starr, Council Member David Barranco, Council Member Sarah Cole,
Council Member Alex Jensen, Mayor Paul TenHaken
Absent: Council Member Greg Neitzert, Council Member Marshall Selberg
2. INVOCATION
• Marc Sundstrom, Lead Pastor, Linwood Wesleyan Church
3. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
4. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Jensen and seconded by Council Member
Merkouris to approve the Consent Agenda.
Roll call vote to approve. 6 Yes: Merkouris, Soehl, Starr, Barranco, Cole, Jensen; 0 No:
(None). Motion Passed.
5. APPROVAL OF MINUTES
• Informational Meeting of Tuesday, March 5, 2024
• Regular City Council Meeting of Tuesday, March 5, 2024
COMMUNICATIONS
6. Approval of contracts/agreements over $100K on the memorandum dated March 8,
2024.
7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through
March 8, 2024.
APPLICATIONS
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
8. Parcel #93146, for 2023 property taxes in the amount of $3,347.44. Reason: An error
has been made in any identifying entry or description of the real property, in entering
the valuation of the real property or in the extension of the tax, to the injury of the
complainant.
9. Parcel #65800, for 2023 property taxes in the amount of $585.98. Reason: Assessment
Freeze for the Elderly and Disabled.
10. Parcel #27383, for 2023 property taxes in the amount of $1,081.70. Reason:
Assessment Freeze for the Elderly and Disabled.
11. Parcel #40082, for 2023 property taxes in the amount of $2,060.22. Reason: The
property is exempt from the tax.
12. Parcel #52894, for 2023 property taxes in the amount of $1,176.25. Reason:
Assessment Freeze for the Elderly and Disabled.
13. Parcel #71797, for 2023 property taxes in the amount of $961.35. Reason: Assessment
Freeze for the Elderly and Disabled.
14. Parcel #50857, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
15. Parcel #80724, for 2023 property taxes in the amount of $891.14. Reason: Assessment
Freeze for the Elderly and Disabled.
16. Parcel #46595, for 2022 property taxes in the amount of $906.84. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
17. Parcel #46595, for 2023 property taxes in the amount of $2,041.17. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
18. Parcel #95077, for 2023 property taxes in the amount of $1,370.17. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
19. Parcel #30110, for 2023 property taxes in the amount of $782.92. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
20. Parcel #67665, for 2022 property taxes in the amount of $633.48. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
21. Parcel #67665, for 2023 property taxes in the amount of $2,335.73. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
22. Parcel #36643, for 2023 property taxes in the amount of $1,032.98. Reason:
Assessment Freeze for the Elderly and Disabled.
REGULAR AGENDA
23. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to approve the Regular Agenda.
Roll call vote to approve. 6 Yes: Merkouris, Soehl, Starr, Barranco, Cole, Jensen; 0 No:
(None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE SIOUX FALLS STADIUM
LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND TRUE NORTH
SPORTS AND ENTERTAINMENT, LLC.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Cole to adopt Ordinance No. 21-24.
A motion was made by Council Member Starr and seconded by Council Member Soehl
to defer Ordinance No. 21-24 until May 14th.
Roll call vote to defer. 0 Yes: (None); 6 No: Merkouris, Soehl, Starr, Barranco, Cole,
Jensen. Motion Failed.
Roll call vote to adopt. 6 Yes: Merkouris, Soehl, Starr, Barranco, Cole, Jensen; 0 No:
(None). Motion Passed.
ORDINANCE FIRST READINGS
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS. . Entertainment Venues/Washington Pavilion
($350,000); Fire/Metro Communications ($15,500).
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Cole to set a date of 2nd Reading for Tuesday, March 19, 2024 for Item 25.
Roll call vote to set a date of 2nd Reading. 6 Yes: Merkouris, Soehl, Starr, Barranco,
Cole, Jensen; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
26. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE
SIOUX FALLS BASEBALL STADIUM.
Sponsor: Mayor
A motion was made by Council Member Jensen and seconded by Council Member
Cole to adopt Resolution 27-24.
Roll call vote to adopt. 6 Yes: Merkouris, Soehl, Starr, Barranco, Cole, Jensen; 0 No:
(None). Motion Passed.
RESOLUTION NO. 27-24
A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE SIOUX FALLS
BASEBALL STADIUM.
WHEREAS, the City of Sioux Falls owns the Sioux Falls Baseball stadium, commonly referred
to as the Birdcage; and
WHEREAS, the Birdcage is primarily used for baseball and is the home field of the unaffiliated
Sioux Falls Canaries baseball team of the American Association; and
WHEREAS, minor league baseball has entertained visitors and residents throughout the
season; and
WHEREAS, the Birdcage seats approximately 4,500 people; and
WHEREAS, True North Sports and Entertainment, LLC f/k/a True North Sports, LLC (“True
North Sports”) manages the Sioux Falls Canaries, a professional minor league baseball team
and has entered into a five-year lease of the Sioux Falls Baseball Stadium with the City, along
with two additional options for one-year renewal terms; and
WHEREAS, the Sioux Falls Baseball Stadium lease allows for True North Sports to host other
events at the stadium; and
WHEREAS, Section 111.014.1 of the Code of Ordinances of Sioux Falls, SD (the “Code”)
provides that the governing body of a municipality may, by resolution, issue an on-sale liquor
license to be used at any municipality owned entertainment venue, event venue, event center,
arena, performance hall, theater, outdoor amphitheater, convention center, stadium, athletic
venue, recreation facility, municipal auditorium, or public convention hall; and
WHEREAS, pursuant to Section 111.014.1 of the Code, the City desires to issue an on-sale
liquor license for use at the Sioux Falls Baseball stadium; and
WHEREAS, such on-sale liquor license shall be used to support the public purposes of the
Sioux Falls Baseball Stadium, which includes but is not limited to hosting sporting, recreational,
arts and entertainment, and other related hosted events.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:
Section 1. That the City hereby issues an on-sale liquor license to be used at the Sioux Falls
Baseball Stadium at no fee.
Section 2. That the City may contract with True North Sports and its successors or assignees
for purposes of providing food and beverage services at the Sioux Falls Baseball Stadium and
to use the license issued.
Section 3. That True North Sports may not transfer such license.
Section 4. That no video lottery may be placed at the Sioux Falls Baseball Stadium.
Date adopted: 03/12/24 .
Paul TenHaken, Mayor
ATTEST:
Jermery J. Washington, City Clerk
27. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
A motion was made by Council Member Barranco and seconded by Council Member
Cole to adopt Resolution 28-24.
Roll call vote to adopt. 6 Yes: Merkouris, Soehl, Starr, Barranco, Cole, Jensen; 0 No:
(None). Motion Passed.
RESOLUTION NO. 28-24
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
Levi Pfeil Board of Historic Preservation Appointed for a term from March
2024 to March 2027.
Kenley Lamberty Zoning Board of Adjustment Appointed for a term from March
2024 to August 2026 (replacing
Levi Pfeil).
Date adopted: 03/12/24 .
Paul TenHaken, Mayor
ATTEST:
Jermery Washington, City Clerk
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Neil Jeske spoke on some gang and drug activity on a property in the city, and made
some comments on the Mayoral administration and salaries.
Sierra Broussard made comments on the Tzadik properties, the conditions and issues
with tenants.
Mat Tougas spoke on Bill 172, the feline over-population issue in Sioux Falls, and TNR.
David Zokaites spoke on costly childcare and possible ways to address it.
Alex Tzadik commented on some of the issues brought up about Tzadik Properties and
tenants.
ADJOURNMENT
A motion was made by Council Member Jensen and seconded by Council Member
Barranco to adjourn the meeting at 6:27 p.m.
Voice vote to adjourn. 6 Yes: Merkouris, Soehl, Starr, Barranco, Cole, Jensen; 0 No:
(None). Motion Passed.
Jermery J. Washington, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, March 12, 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 Rich Merkouris
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
Mayor Paul TenHaken
2. INVOCATION
Marc Sundstrom, Lead Pastor, Linwood Wesleyan 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, March 5, 2024
Regular City Council Meeting of Tuesday, March 5, 2024
COMMUNICATIONS
6. Approval of contracts/agreements over $100K on the memorandum dated March 8,
2024.
7. Notice of Contracts/Agreements under $100K and Change Orders over $100K through
March 8, 2024.
APPLICATIONS
The City Council concurs with the Minnehaha County Commission's recommendation for
approval of the following abatements:
8. Parcel #93146, for 2023 property taxes in the amount of $3,347.44. Reason: An error
has been made in any identifying entry or description of the real property, in entering
the valuation of the real property or in the extension of the tax, to the injury of the
complainant.
9. Parcel #65800, for 2023 property taxes in the amount of $585.98. Reason: Assessment
Freeze for the Elderly and Disabled.
10. Parcel #27383, for 2023 property taxes in the amount of $1,081.70. Reason:
Assessment Freeze for the Elderly and Disabled.
11. Parcel #40082, for 2023 property taxes in the amount of $2,060.22. Reason: The
property is exempt from the tax.
12. Parcel #52894, for 2023 property taxes in the amount of $1,176.25. Reason:
Assessment Freeze for the Elderly and Disabled.
13. Parcel #71797, for 2023 property taxes in the amount of $961.35. Reason: Assessment
Freeze for the Elderly and Disabled.
14. Parcel #50857, for 2023 property taxes in the amount of $2,041.60. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
15. Parcel #80724, for 2023 property taxes in the amount of $891.14. Reason: Assessment
Freeze for the Elderly and Disabled.
16. Parcel #46595, for 2022 property taxes in the amount of $906.84. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
17. Parcel #46595, for 2023 property taxes in the amount of $2,041.17. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
18. Parcel #95077, for 2023 property taxes in the amount of $1,370.17. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
19. Parcel #30110, for 2023 property taxes in the amount of $782.92. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
20. Parcel #67665, for 2022 property taxes in the amount of $633.48. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
21. Parcel #67665, for 2023 property taxes in the amount of $2,335.73. Reason: Applicant
qualifies for exemption under SDCL 10-4-40 & 10-4-41 (Disabled Veteran).
22. Parcel #36643, for 2023 property taxes in the amount of $1,032.98. Reason:
Assessment Freeze for the Elderly and Disabled.
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.
23. 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.
24. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO AMENDMENT NO. 1 TO THE SIOUX FALLS
STADIUM LEASE AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND TRUE
NORTH SPORTS AND ENTERTAINMENT, LLC.
Sponsor: Mayor
Background & Objective: Provides on-sale liquor license for the Sioux Falls Baseball
Stadium.
ORDINANCE FIRST READINGS
The City Council typically sets the date of second reading for ordinances listed as first readings.
25. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS. Entertainment Venues/Washington Pavilion
($350,000); Fire/Metro Communications ($15,500).
Recommendation: Set a date of 2nd Reading for Tuesday, March 19, 2024.
Sponsor: Mayor
Background & Objective: Provide supplemental appropriations from available fund
balance for the Entertainment Tax Fund/Washington Pavilion for replacement of a
cooling tower and for the 911 Dispatch Fund- Fire/Metro Communications for an AC unit
for equipment.
HEARINGS AND RESOLUTIONS
Resolutions and Motions are considered for final adoption. On occasion, Public Hearings are listed with no
action required for said item.
26. A RESOLUTION ISSUING AN ON-SALE LIQUOR LICENSE FOR USE AT THE
SIOUX FALLS BASEBALL STADIUM.
Sponsor: Mayor
Background & Objective: Issues, by resolution per City Code Section 111.014.1, an
on-sale liquor license for municipality owned facilities to be used at the Sioux Falls
Baseball Stadium.
27. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF
MEMBERS TO VARIOUS CITIZEN BOARDS.
Sponsor: Mayor
Background & Objective: The resolution appoints members to the: Board of Historic
Preservation and Zoning Board of Adjustment.
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.
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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