City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, May 17, 2010 at 7:00 p.m. ROLL CALL #1 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Aguilar Council Member Anderson Jr. Council Member Brown Council Member Entenman Council Member Erpenbach Council Member Jamison Council Member Litz Council Member Rolfing Mayor Mike Huether Council Member Anderson, Jr arrived at this time. INVOCATION A. PASTOR WADE MOBLEY, LIVING WORD FREE LUTHERAN CHURCH PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA A motion was made by Council Member Anderson Jr. and seconded by Council Member Erpenbach to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed MINUTES A. INFORMATIONAL MEETING OF MONDAY, MAY 10, 2010, AT 4:00 P.M. B. CITY COUNCIL MEETING OF MONDAY, MAY 10, 2010, AT 7:00 P.M. COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM SIOUXLAND HERITAGE MUSEUMS ALLIANCE, STATING  ITS INTENT TO SELL RAFFLE TICKETS ON JUNE 10, 2010 FOR TEN 10 POUND PORK LOINS (VALUED AT $180.00). TICKETS WILL BE $1.00 EACH. THE PROCEEDS ARE TO BE USED TO BENEFIT THE VOLUNTEER PROGRAM. 2. A COMMUNICATION WAS RECEIVED FROM KARI RASMUSSEN & LEE LOGAN REQUESTING PERMISSION TO CONSUME, BUT NOT SELL, WINE AND BEER AT THE OLD COURTHOUSE MUSEUM, 200 WEST SIXTH STREET, ON JUNE 26, 2010, FROM 7:00 P.M. TO 12:00 A.M. FOR THE PURPOSE OF WEDDING RECEPTION. NOTICE OF HEARINGS Set a hearing date for Monday, June 7, 2010, at 7:00 p.m. on Items 3 through 15: DOC: ITEMS 3-15 MEMO-COUNCIL 3. NEW 2010 PACKAGE LIQUOR LICENSE FOR MISTIE WEHRKAMP, MUNCHIES NORTH, TO BE OPERATED AT 1030 NORTH MINNESOTA AVENUE, WITH THE MAJOR AMENDMENT PERMIT (2010- 03-07) BEING APPROVED ON 05-05-10. 4. NEW 2010 PACKAGE LIQUOR LICENSE FOR I-90 FUEL SERVICES INC., BOOMERS #126, TO BE OPERATED AT 4201 WEST 41ST STREET, EFFECTIVE 7-1-10. 5. NEW 2010 PACKAGE LIQUOR LICENSE FOR I-90 FUEL SERVICES INC., THE GAS STOP #116, TO BE OPERATED AT 3000 EAST 26TH STREET, EFFECTIVE 7-1-10. 6. NEW 2010 PACKAGE LIQUOR LICENSE FOR I-90 FUEL SERVICES INC., THE GAS STOP #117, TO BE OPERATED AT 1731 SOUTH CLIFF AVENUE, EFFECTIVE 7-1-10. 7. NEW 2010 PACKAGE LIQUOR LICENSE FOR I-90 FUEL SERVICES INC., THE GAS STOP #123, TO BE OPERATED AT 4800 SOUTH WESTERN AVENUE, EFFECTIVE 7-1-10. 8. NEW 2010 PACKAGE LIQUOR LICENSE FOR I-90 FUEL SERVICES INC., THE GAS STOP #124, TO BE OPERATED AT 7125 WEST 26TH STREET, EFFECTIVE 7-1-10. 9. NEW 2010 PACKAGE LIQUOR LICENSE FOR I-90 FUEL SERVICES INC., THE GAS STOP #131, TO BE OPERATED AT 3245 SOUTH SYCAMORE AVENUE, EFFECTIVE 7-1-10. 10. TRANSFER OF A 2009-10 RETAIL MALT BEVERAGE LICENSE FROM CRYSTAL INVESTMENT INC., ACE'S CASINO, TO INTERSTATE GAMING INC., ACE'S CASINO, TO BE OPERATED AT 1316 SOUTH CLIFF AVENUE, INCLUDING VIDEO LOTTERY TERMINALS (EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 11. TRANSFER OF A 2009-10 RETAIL MALT BEVERAGE LICENSE FROM TRIFECTA HOLDINGS LLC, NAME T/B/D, 41ST & TEA ELLIS ROAD, TO REGAL HOLDINGS LLC, NAME T/B/D, TO BE OPERATED AT 41ST & TEA ELLIS ROAD, INCLUDING VIDEO LOTTERY TERMINALS, WITH THE REINSTATED CONDITIONAL USE PERMIT (2010-03-13) BEING APPROVED ON 04-07-10. 12. TRANSFER OF A 2009-10 PACKAGE MALT BEVERAGE LICENSE FROM ART'S AUTO CARE INC., ART'S AUTO CARE, 812 EAST TENTH STREET, TO SELAMTA MINI-MART LLC, SELAMTA MINI-MART, TO BE OPERATED AT 812 EAST TENTH STREET. 13. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR SMG, TO BE OPERATED AT THE ORPHEUM THEATER, 315 NORTH PHILLIPS AVENUE, ON AUGUST 14 AND 28, 2010, FOR WEDDING RECEPTIONS. 14. SPECIAL ONE-DAY MALT BEVERAGE AND SPECIAL ONE-DAY WINE LICENSES FOR ALMOST HOME CANINE RESCUE TO BE OPERATED AT THE 8TH & RAILROAD CENTER BOARDWALK PARKING LOT ON AUGUST 14, 2010, FOR THE 605 SUMMER CLASSIC. 15. VARIOUS RETAIL MALT BEVERAGE, PACKAGE MALT BEVERAGE, AND PACKAGE MALT BEVERAGE SOUTH DAKOTA FARM WINERY LICENSE RENEWALS FOR 2010-11 TO BE OPERATED AT VARIOUS LOCATIONS IN THE CITY OF SIOUX FALLS, SD, IDENTIFIED AS EXHIBIT B. Doc: Item 15 Exh B PDF APPROVAL OF REGULAR AGENDA A motion was made by Council Member Brown and seconded by Council Member Aguilar to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed PUBLIC INPUT Tim Stanga spoke about the proposed casino in Iowa. UNFINISHED BUSINESS DOC: ITEMS 16-21 MEMO-COUNCIL 16. NEW 2010 PACKAGE LIQUOR LICENSE FOR MAKETH GAK, SUDANESE GENERAL STORE, TO BE OPERATED AT 623 WEST 11TH STREET, EFFECTIVE JULY 1, 2010. 17. NEW 2010 RETAIL WINE LICENSE FOR INTERSTATE HOUSE OF PANCAKES INC., ROLL ‘N PIN RESTAURANT, TO BE OPERATED AT 3015 WEST RUSSELL STREET, INCLUDING VIDEO LOTTERY TERMINALS PLACED WITH EXISTING RETAIL MALT BEVERAGE LICENSE (CUP NOT REQUIRED; THIS IS AN ADDITION TO AN EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 18. SPECIAL ONE-DAY LIQUOR LICENSE FOR TRAVIS SCHOCHENMAIER, TJ'S BARTENDING, TO BE OPERATED AT THE OLD COURTHOUSE MUSEUM, 200 WEST SIXTH STREET, ON JULY 9, 2010, FOR A WEDDING RECEPTION. 19. SPECIAL ONE-DAY WINE LICENSE AND SPECIAL ONE-DAY OFF-SALE PACKAGE WINE LICENSE FOR SENIOR CITIZENS SERVICES INC., TO BE OPERATED AT THE CENTER FOR ACTIVE GENERATIONS, 2300 WEST 46TH STREET, ON JUNE 24, 2010, FOR A WINE TASTING EVENT. 20. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR THE SIOUX FALLS SISTER CITIES ASSOCIATION, TO BE OPERATED ON PHILLIPS AVENUE FROM 5TH STREET NORTH TO 2ND STREET, FOR THE GERMAN FEST TO BE HELD ON SEPTEMBER 11, 2010. A motion was made by Council Member Brown and seconded by Council Member Rolfing to approve Items 16 through 20, with one vote.  Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed 21. VARIOUS RETAIL MALT BEVERAGE AND PACKAGE MALT BEVERAGE LICENSE RENEWALS FOR 2010-11 TO BE OPERATED AT VARIOUS LOCATIONS IN THE CITY OF SIOUX FALLS, SD, IDENTIFIED AS EXHIBIT A. Item 21 Exh A PDF A motion was made by Council Member Erpenbach and seconded by Council Member Aguilar to approve Item 21. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, 7. Noes, 0. Motion Passed INTRODUCTION AND ADOPTION OF ORDINANCES Set a hearing date and 2nd Reading for Monday, June 7, 2010 at 7:00 p.m. for Items 22 through 26: 22. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2010-04-08, TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS AT 6805 S. LOUISE AVE. AMENDING THE PLATINUM VALLEY PLANNED DEVELOPMENT DISTRICT SUBAREA REGULATIONS. (PLANNING COMMISSION RECOMMENDS DENIAL.) Proposed ord1189 PC Report PC Exhibits PC Minutes - Item 9 23. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 500 S. MAIN AVE. FROM THE C-2, GENERAL COMMERCIAL DISTRICT TO THE C-3, CENTRAL BUSINESS DISTRICT, PETITION NO. 2010-03-14, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed ord1186 PC Report PC Exhibits PC Minutes - Item 3  24. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4801 W. 41ST ST. FROM THE C-4, PLANNED COMMERCIAL DISTRICT AND O, OFFICE DISTRICT TO THE RA-1, RESIDENTIAL DISTRICT, PETITION NO. 2010-04-03, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed ord1187 PC Report PC Exhibits PC Minutes - Item 4 25. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT THE NORTHEAST CORNER OF E. TENTH ST. AND S. SIX MILE RD. FROM THE O, OFFICE DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2010-04-07, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed ord1188 PC Report PC Exhibits PC Minutes - Item 5 26. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING THE CITY'S COMPETITIVE BID ORDINANCES AS FOUND IN CHAPTER 34 1/2, "PURCHASING." Proposed ord1190 Purchasing Ordinance Summary A motion was made by Council Member Brown and seconded by Council Member Anderson Jr. to set a hearing date and 2nd Reading for Monday, June 7, 2010 at 7:00 p.m., for Items 22 through 26. Vote to set a hearing date: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed NEW BUSINESS DOC: RES. 36-10 Mayor Huether excused himself from the meeting at this time and Council Vice Chair Jamison presided for Items 27 and 28.  27. ELECTION OF CITY COUNCIL CHAIR. A motion was made by Council Member Brown and seconded by Council Member Erpenbach nominate Council Member Jamison for City Council Chair. A motion was made by Council Member Aguilar and seconded by Council Member Anderson Jr. close the nominations for City Council Chair. Vote to close the nominations for City Council Chair: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Vote to nominate Council Member Aguilar as Council Vice-Chair: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed 28. ELECTION OF CITY COUNCIL VICE-CHAIR. A motion was made by Council Member Anderson Jr. and seconded by Council Member Jamison nominate Council Member Aguilar as Council Vice-Chair. A motion was made by Council Member Erpenbach and seconded by Council Member Rolfing close the nominations. Vote to close the nominations: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Vote to nominate Council Member Aguilar as Council Vice-Chair: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Mayor Huether returned to the meeting at this time. ADJOURNMENT A motion was made by Council Member Rolfing and seconded by Council Member Entenman to adjourn at 7:54 p.m. Vote to adjourn: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 8. Noes, 0. Motion Passed Jamie L. Palmer, CMC Assistant City Clerk