City Council Meeting
Regular MeetingSioux Falls, SD · June 7, 2010
Minutes
City of Sioux Falls Council Meeting Minutes
Carnegie Town Hall, 235 West 10th Street
MEETING OF Monday, June 7, 2010 at 7:00 p.m.
ROLL CALL #2
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
Members Present: Members Absent:
Council Member Anderson Jr. None.
Council Member Brown
Council Member Entenman
Council Member Erpenbach
Council Member Jamison
Council Member Litz
Council Member Rolfing
Council Member Aguilar
Mayor Mike T. Huether
INVOCATION
A. DR. RON TOTTINGHAM, EMPIRE BAPTIST TEMPLE
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
A motion was made by Council Member Erpenbach and seconded by Council Member Anderson
Jr. 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 17, 2010, AT 4:00 P.M.
B. CITY COUNCIL MEETING OF MONDAY, MAY 17, 2010, AT 7:00 P.M.
COMMUNICATIONS
1. A COMMUNICATION WAS RECEIVED FROM THE YWCA, STATING ITS INTENT TO SELL RAFFLE
TICKETS ON JUNE 10, 2010, FOR PRIZES AS FOLLOWS: HAIR CARE PRODUCTS, DANCE LESSONS,
AND VARIOUS GIFT CERTIFICATES FROM AROUND THE CITY. THE VALUE OF THE PRIZES RANGE
FROM $40.00 TO $200.00. TICKETS WILL BE $10.00 EACH. THE PROCEEDS ARE TO BE USED TO
BENEFIT THE YWCA PROGRAMS FOR REFUGEE AND IMMIGRANT WOMEN, CHILDHOOD
EDUCATION FOR CHILDCARE WORKERS AND HEALTH AND PARENTING EDUCATION.
2. A COMMUNICATION WAS RECEIVED FROM THE SOUTH DAKOTA CORN GROWERS ASSOCIATION
STATING ITS INTENT TO SELL RAFFLE TICKETS FROM JUNE 24, 2010, TO JANUARY 22, 2011, FOR A
PRIZE OF A JOHN DEERE 4-WHEEL DRIVE TRACTOR VALUED AT $14,000.00. TICKETS WILL BE SOLD
AS ONE FOR $5.00 AND THREE FOR $10.00. THE PROCEEDS ARE TO BE USED TO BENEFIT
EDUCATIONAL PROGRAMS ADMINISTERED THROUGH THE SOUTH DAKOTA CORN GROWERS
ASSOCIATION.
APPLICATIONS
The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's
Office for Lincoln County; and the City Attorney for Sioux Falls:
3. SONLER PROPERTIES, S ½ SE ¼ 280.50.08.006 (LAND AT THE CORNER OF AVERA DRIVE AND
LOUISE/SHARON DRIVE AND AVERA DRIVE), FOR 2008 PROPERTY TAXES IN THE AMOUNT OF
$1,573.96. CORRECTION OF ACRES - 3.47 PLATTED ACRES WERE NOT TAKEN OUT OF THIS PARCEL
AND SHOULD HAVE BEEN.
The following abatements were recommended for approval by the Director of Equalization and the State's
Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls:
4. LUCILLE LAURENCE, 1104 W. 57TH STREET, #102, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF
$356.71. MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE
NON ELDERLY FREEZE.
5. ELAINE WHITE, 1424 S. BAHNSON AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $296.56.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
6. LOUISE LUND, 2909 S. SUMMIT AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $855.88.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
7. JAMES CUMMINGS, 6105 W. 52ND STREET, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $233.84.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
8. LORRAINE MCDONALD, 1229 S. SPRING AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF
$224.48. MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE
NON ELDERLY FREEZE.
9. PHILIP VARNEY, 2121 S. SPRING AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $791.40.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
10. BETTY HANSEN, 1304 S. SEVERN LANE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $739.74.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
11. ACCESSIBLE HOUSING LIMITED PARTNERSHIP, 3700 E. 41ST STREET, FOR 2009 PROPERTY TAXES IN
THE AMOUNT OF $981.16 AND AT 4413 E. MISSION STREET FOR 2009 PROPERTY TAXES IN THE
AMOUNT OF $535.99. ACCESSIBLE HOUSING LIMITED PARTNERSHIP WAS GRANTED EXEMPT
STATUS FOR 2010 FOR EACH PARCEL.
12. RONALD MCDONALD HOUSE, 825 S. LAKE AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT
OF $3,227.84 AND AT 827 S. LAKE AVENUE FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $1,621.07.
RONALD MCDONALD HOUSE WAS GRANTED EXEMPT STATUS FOR 2010 FOR EACH PARCEL.
NOTICE OF HEARINGS
DOC: ALCOHOL MEMO
Set the hearing date for Monday, June 21, 2010, at 7:00 p.m. on Items 13 through 25:
13. NEW 2010 PACKAGE LIQUOR LICENSE FOR CENTURY MOTELS EAST INC., RAMADA INN & SUITES,
TO BE OPERATED AT 1301 WEST RUSSELL STREET.
14. NEW 2010 PACKAGE LIQUOR LICENSE FOR PINNACLE HOSPITALITY INC., CJ CALLAWAY'S, TO BE
OPERATED AT 500 EAST 69TH STREET.
15. TRANSFER OF A 2010 RETAIL LIQUOR LICENSE FROM HOWELL & HOWELL INC., HOLIDAY INN
EXPRESS, 2501 SOUTH SHIRLEY AVENUE, TO W&P OF SIOUX FALLS LLC, BUFFALO WILD WINGS
GRILL & BAR, TO BE OPERATED AT 2601 SOUTH LOUISE AVENUE, INCLUDING SUNDAY SALES AND
VIDEO LOTTERY TERMINALS (FULL SERVICE RESTAURANT; CUP NOT REQUIRED).
16. TRANSFER OF A 2010 RETAIL WINE LICENSE FROM JSKR VENTURES INC., SHOOTER'S PUB, 2309
WEST MADISON STREET, TO DKPM VENTURES LLC, SHOOTER'S PUB, TO BE OPERATED AT 2309
WEST MADISON STREET, INCLUDING VIDEO LOTTERY TERMINALS, WITH THE CONDITIONAL USE
PERMIT (2010-04-11) BEING APPROVED ON 05-05-10.
17. TRANSFER OF A 2009-10 RETAIL MALT BEVERAGE LICENSE FROM JSKR VENTURES INC.,
SHOOTER'S PUB, 2309 WEST MADISON STREET, TO DKPM VENTURES LLC, SHOOTER'S PUB, TO BE
OPERATED AT 2309 WEST MADISON STREET, INCLUDING VIDEO LOTTERY TERMINALS, WITH THE
CONDITIONAL USE PERMIT (2010-04-11) BEING APPROVED ON 05-05-10.
18. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR WASHINGTON PAVILION MANAGEMENT INC.,
WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A CLASS REUNION
ON SEPTEMBER 11, 2010, AND FOR WEDDING RECEPTIONS ON JULY 17, 24, 31; AUGUST 7, 14; AND
SEPTEMBER 4, 18, 2010.
19. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR GREAT BEAR RECREATION PARK INC., GREAT
BEAR RECREATION PARK, TO BE OPERATED AT 5901 EAST RICE STREET, FOR CLASS REUNIONS ON
JULY 9 AND 16, 2010, AND WEDDING RECEPTIONS ON JULY 31; AUGUST 14, 28; AND SEPTEMBER 11,
25, 2010.
20. SPECIAL ONE-DAY LIQUOR LICENSE FOR THE SPORTS ZONE TO BE OPERATED AT THE OLD
COURTHOUSE MUSEUM, 200 WEST SIXTH STREET, FOR A WEDDING RECEPTION ON AUGUST 14,
2010.
21. SPECIAL ONE-DAY LIQUOR LICENSE FOR SMG, TO BE OPERATED AT THE ORPHEUM THEATER, 315
NORTH PHILLIPS AVENUE, FOR A WEDDING RECEPTION ON OCTOBER 2, 2010.
22. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR DOWNTOWN SIOUX
FALLS TO BE HELD AT FALLS PARK WEST (6TH & PHILLIPS) FOR DOWNTOWN LIVE ON AUGUST 21,
2010.
23. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR THE SIOUX FALLS IRISH
CLUB, TO BE OPERATED ON PHILLIPS AVENUE FROM 5TH STREET NORTH TO 2ND STREET, FOR
THE IRISH FEST TO BE HELD ON JULY 24, 2010.
24. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR RUMMEL MEMORIAL
HOME INC., TO BE OPERATED AT DOW RUMMEL VILLAGE, 1321 WEST DOW RUMMEL STREET, FOR
A CHAMBER MIXER TO BE HELD ON JULY 13, 2010.
25. 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 C.
Document: Exhibit C.
APPROVAL OF REGULAR AGENDA
A motion was made by Council Member Litz and seconded by Council Member Entenman 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
Citizen Tracy Saboe asked Mayor Huether questions about his ‘transition team’.
Citizen John Timmer discussed the rezoning process.
PETITIONS
26. CONDITIONAL USE PERMIT APPEAL (2010-04-06): NORTHWEST CORNER OF W. 85TH STREET AND S.
MINNESOTA AVENUE. THE CONDITIONAL USE PERMIT WAS TO CONSTRUCT AN ASSISTED LIVING
FACILITY. APPROVED AT THE MAY 5, 2010, PLANNING COMMISSION MEETING WITH A VOTE OF 4-
YES, 1-NO.
PC Staff Report
PC Exhibits
PC Minutes - Item 10
Appeal - Jelken
Appeal - Sylvester 1 of 2
Appeal - Sylvester 2 of 2
Appeal - Neighborhood Letters
A motion was made by Council Member Litz and seconded by Council Member Aguilar to free
form to postpone definitely to the City Council Meeting on Monday, June 14, 2010, at 7:00 p.m.
Vote to postpone definitely: Roll Call: Yeses, Anderson Jr., Brown, Entenman, Jamison, Litz,
Rolfing, Aguilar, 7. Noes, 0. Council Member Erpenbach was excused from the meeting and the
vote on this item. Motion Passed.
UNFINISHED BUSINESS
DOC: ALCOHOL MEMO
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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).
35. 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. PENDING FINAL
INSPECTIONS PER FIRE, HEALTH, AND BUILDING SERVICES.
36. 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.
37. 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.
38. 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.
A motion was made by Council Member Litz and seconded by Council Member Entenman to
approve Items 27 through 38 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
39. 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.
Document: Exhibit B
A motion was made by Council Member Entenman and seconded by Council Member Erpenbach
to approve Item 39.
A motion was made by Council Member Brown and seconded by Council Member Rolfing to
amend Item 39 by removing the 2010 Retail Malt Beverage Renewal for Shalom Ethiopian
Coffee from this item and postpone definitely to the City Council Meeting on Monday, June 21,
2010, at 7:00 p.m.
Vote to amend: 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
A motion was made by Council Member Entenman and seconded by Council Member Jamison to
approve Item 39, as amended.
Vote to adopt, as amended: Roll Call: Yeses, Anderson Jr., Brown, Entenman, Erpenbach,
Jamison, Litz, Rolfing, Aguilar, 8. Noes, 0. Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
40. 2ND 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.)
Document: Ord. 1189
PC Staff Report
PC Exhibits
A motion was made by Council Member Brown and seconded by Council Member Erpenbach to
adopt said Ordinance with the following five stipulations: 1) no public entrance to an on-sale
alcohol establishment from the west side of the building; 2) no signage visible on the west side or
ends of the building; 3) applicant will need to come back for a special use permit; 4) Approval for
this petitioner only; 5) Convert the west driveway to a one-way in.
Vote to adopt: Roll Call: Yeses, (None), 0. Noes 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.
Motion Failed
PC Minutes - Item 9
41. 2ND 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.)
Document: Ord. 1186
PC Staff Report
PC Exhibits
PC Minutes - Item 3
A motion was made by Council Member Rolfing and seconded by Council Member Litz to adopt
said Ordinance 48-10.
Vote to adopt: 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
42. 2ND 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.)
Document: Ord. 1187
PC Staff Report
PC Exhibits
PC Minutes - Item 4
A motion was made by Council Member Anderson Jr. and seconded by Council Member Brown
to adopt said Ordinance 49-10.
Vote to adopt: 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
43. 2ND 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.)
Document: Ord. 1188
PC Staff Report
PC Exhibits
PC Minutes - Item 5
A motion was made by Council Member Anderson Jr. and seconded by Council Member
Entenman to adopt said Ordinance 50-10.
Vote to adopt: 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
44. 2ND 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."
Document: Ord. 1190
Memo
A motion was made by Council Member Brown and seconded by Council Member Anderson Jr.
to adopt said Ordinance 51-10.
Vote to adopt: 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
Set the hearing date and 2nd Reading for Monday, June 14, 2010 at 7:00 p.m. for Item 45:
45. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED
ORDINANCES OF THE CITY BY REVISING ARTICLE III, SECTION 12 1/2-35, FOR THE COMPLAINT
PROCEDURE FOR THE BOARD OF ETHICS.
Document: Ord. 1194
A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz to
free form to refer this item to the Public Services Committee Meeting scheduled for Monday,
June 14, 2010, after the Informational Meeting.
Vote to refer: Roll Call: Yeses, Anderson Jr., Brown, Entenman, Erpenbach, Jamison, Litz,
Rolfing, Aguilar, 8. Noes, 0. Motion Passed.
HEARINGS AND RESOLUTIONS
46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO
CERTAIN CITIZEN BOARDS.
Res. 1728
A motion was made by Council Member Brown and seconded by Council Member Anderson Jr.
to adopt said Resolution 37-10.
Vote to adopt: 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
RESOLUTION NO. 37-10
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 City Council appointments:
Name Board Term
Kenny Anderson Jr. SECOG Appointed for a term from July 2010
through June 2011.
Vernon Brown SECOG Appointed for a term from July 2010
through June 2011.
Rex Rolfing SECOG Appointed for a term from July 2010
through June 2011 as an alternative.
Michelle Erpenbach UDC Appointed for a term from July 2010
through June 2011.
Bob Litz UDC Appointed for a term from July 2010
through June 2011.
Rex Rolfing UDC Appointed for a term from July 2010
through June 2011.
Kenny Anderson Jr. UDC Appointed for a term from July 2010
through June 2011.
Sue Aguilar and Debra Owen UDC Appointed for a term from July 2010
through June 2011 as alternatives.
Date adopted: 06/07/10 .
Mike T. Huether
Mayor
ATTEST:
Debra A. Owen
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)
47. REPORT OF MAY 24, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR
ORGANIZATIONAL UNITS. (MEMO 1)
Document: Memo 1
ADJOURNMENT
A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz to
adjourn the City Council Meeting at 8:46 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
Tamara Jorgensen, CMC
Assistant City Clerk
Agenda
City of Sioux Falls Council Meeting Agenda
Carnegie Town Hall, 235 West 10th Street
MEETING OF Monday, June 7, 2010, at 7:00 p.m.
ROLL CALL #2
MEMBERS PRESENT/ABSENT OFFICIAL AGENDA
Members Present:
Council Member Anderson Jr.
Council Member Brown
Council Member Entenman
Council Member Erpenbach
Council Member Jamison
Council Member Litz
Council Member Rolfing
Council Member Aguilar
Mayor Mike T. Huether
INVOCATION
A. DR. RON TOTTINGHAM, EMPIRE BAPTIST TEMPLE
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
MINUTES
A. INFORMATIONAL MEETING OF MONDAY, MAY 17, 2010, AT 4:00 P.M.
B. CITY COUNCIL MEETING OF MONDAY, MAY 17, 2010, AT 7:00 P.M.
COMMUNICATIONS
1. A COMMUNICATION WAS RECEIVED FROM THE YWCA, STATING ITS INTENT TO SELL RAFFLE
TICKETS ON JUNE 10, 2010, FOR PRIZES AS FOLLOWS: HAIR CARE PRODUCTS, DANCE LESSONS,
AND VARIOUS GIFT CERTIFICATES FROM AROUND THE CITY. THE VALUE OF THE PRIZES RANGE
FROM $40.00 TO $200.00. TICKETS WILL BE $10.00 EACH. THE PROCEEDS ARE TO BE USED TO
BENEFIT THE YWCA PROGRAMS FOR REFUGEE AND IMMIGRANT WOMEN, CHILDHOOD
EDUCATION FOR CHILDCARE WORKERS AND HEALTH AND PARENTING EDUCATION.
2. A COMMUNICATION WAS RECEIVED FROM THE SOUTH DAKOTA CORN GROWERS ASSOCIATION
STATING ITS INTENT TO SELL RAFFLE TICKETS FROM JUNE 24, 2010, TO JANUARY 22, 2011, FOR A
PRIZE OF A JOHN DEERE 4-WHEEL DRIVE TRACTOR VALUED AT $14,000.00. TICKETS WILL BE SOLD
AS ONE FOR $5.00 AND THREE FOR $10.00. THE PROCEEDS ARE TO BE USED TO BENEFIT
EDUCATIONAL PROGRAMS ADMINISTERED THROUGH THE SOUTH DAKOTA CORN GROWERS
ASSOCIATION.
APPLICATIONS
The following abatement was recommended for approval by the Director of Equalization and the State's Attorney's
Office for Lincoln County; and the City Attorney for Sioux Falls:
3. SONLER PROPERTIES, S ½ SE ¼ 280.50.08.006 (LAND AT THE CORNER OF AVERA DRIVE AND
LOUISE/SHARON DRIVE AND AVERA DRIVE), FOR 2008 PROPERTY TAXES IN THE AMOUNT OF
$1,573.96. CORRECTION OF ACRES - 3.47 PLATTED ACRES WERE NOT TAKEN OUT OF THIS PARCEL
AND SHOULD HAVE BEEN.
The following abatements were recommended for approval by the Director of Equalization and the State's
Attorney's Office for Minnehaha County; and the City Attorney for Sioux Falls:
4. LUCILLE LAURENCE, 1104 W. 57TH STREET, #102, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF
$356.71. MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE
NON ELDERLY FREEZE.
5. ELAINE WHITE, 1424 S. BAHNSON AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $296.56.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
6. LOUISE LUND, 2909 S. SUMMIT AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $855.88.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
7. JAMES CUMMINGS, 6105 W. 52ND STREET, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $233.84.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
8. LORRAINE MCDONALD, 1229 S. SPRING AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF
$224.48. MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE
NON ELDERLY FREEZE.
9. PHILIP VARNEY, 2121 S. SPRING AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $791.40.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
10. BETTY HANSEN, 1304 S. SEVERN LANE, FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $739.74.
MONIES REQUESTED ARE THE DIFFERENCE BETWEEN THE ELDERLY FREEZE AND THE NON
ELDERLY FREEZE.
11. ACCESSIBLE HOUSING LIMITED PARTNERSHIP, 3700 E. 41ST STREET, FOR 2009 PROPERTY TAXES IN
THE AMOUNT OF $981.16 AND AT 4413 E. MISSION STREET FOR 2009 PROPERTY TAXES IN THE
AMOUNT OF $535.99. ACCESSIBLE HOUSING LIMITED PARTNERSHIP WAS GRANTED EXEMPT
STATUS FOR 2010 FOR EACH PARCEL.
12. RONALD MCDONALD HOUSE, 825 S. LAKE AVENUE, FOR 2009 PROPERTY TAXES IN THE AMOUNT
OF $3,227.84 AND AT 827 S. LAKE AVENUE FOR 2009 PROPERTY TAXES IN THE AMOUNT OF $1,621.07.
RONALD MCDONALD HOUSE WAS GRANTED EXEMPT STATUS FOR 2010 FOR EACH PARCEL.
NOTICE OF HEARINGS
DOC: ALCOHOL MEMO
Set the hearing date for Monday, June 21, 2010, at 7:00 p.m. on Items 13 through 25:
13. NEW 2010 PACKAGE LIQUOR LICENSE FOR CENTURY MOTELS EAST INC., RAMADA INN & SUITES,
TO BE OPERATED AT 1301 WEST RUSSELL STREET.
14. NEW 2010 PACKAGE LIQUOR LICENSE FOR PINNACLE HOSPITALITY INC., CJ CALLAWAY'S, TO BE
OPERATED AT 500 EAST 69TH STREET.
15. TRANSFER OF A 2010 RETAIL LIQUOR LICENSE FROM HOWELL & HOWELL INC., HOLIDAY INN
EXPRESS, 2501 SOUTH SHIRLEY AVENUE, TO W&P OF SIOUX FALLS LLC, BUFFALO WILD WINGS
GRILL & BAR, TO BE OPERATED AT 2601 SOUTH LOUISE AVENUE, INCLUDING SUNDAY SALES AND
VIDEO LOTTERY TERMINALS (FULL SERVICE RESTAURANT; CUP NOT REQUIRED).
16. TRANSFER OF A 2010 RETAIL WINE LICENSE FROM JSKR VENTURES INC., SHOOTER'S PUB, 2309
WEST MADISON STREET, TO DKPM VENTURES LLC, SHOOTER'S PUB, TO BE OPERATED AT 2309
WEST MADISON STREET, INCLUDING VIDEO LOTTERY TERMINALS, WITH THE CONDITIONAL USE
PERMIT (2010-04-11) BEING APPROVED ON 05-05-10.
17. TRANSFER OF A 2009-10 RETAIL MALT BEVERAGE LICENSE FROM JSKR VENTURES INC.,
SHOOTER'S PUB, 2309 WEST MADISON STREET, TO DKPM VENTURES LLC, SHOOTER'S PUB, TO BE
OPERATED AT 2309 WEST MADISON STREET, INCLUDING VIDEO LOTTERY TERMINALS, WITH THE
CONDITIONAL USE PERMIT (2010-04-11) BEING APPROVED ON 05-05-10.
18. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR WASHINGTON PAVILION MANAGEMENT INC.,
WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A CLASS REUNION
ON SEPTEMBER 11, 2010, AND FOR WEDDING RECEPTIONS ON JULY 17, 24, 31; AUGUST 7, 14; AND
SEPTEMBER 4, 18, 2010.
19. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR GREAT BEAR RECREATION PARK INC., GREAT
BEAR RECREATION PARK, TO BE OPERATED AT 5901 EAST RICE STREET, FOR CLASS REUNIONS ON
JULY 9 AND 16, 2010, AND WEDDING RECEPTIONS ON JULY 31; AUGUST 14, 28; AND SEPTEMBER 11,
25, 2010.
20. SPECIAL ONE-DAY LIQUOR LICENSE FOR THE SPORTS ZONE TO BE OPERATED AT THE OLD
COURTHOUSE MUSEUM, 200 WEST SIXTH STREET, FOR A WEDDING RECEPTION ON AUGUST 14,
2010.
21. SPECIAL ONE-DAY LIQUOR LICENSE FOR SMG, TO BE OPERATED AT THE ORPHEUM THEATER, 315
NORTH PHILLIPS AVENUE, FOR A WEDDING RECEPTION ON OCTOBER 2, 2010.
22. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR DOWNTOWN SIOUX
FALLS TO BE HELD AT FALLS PARK WEST (6TH & PHILLIPS) FOR DOWNTOWN LIVE ON AUGUST 21,
2010.
23. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR THE SIOUX FALLS IRISH
CLUB, TO BE OPERATED ON PHILLIPS AVENUE FROM 5TH STREET NORTH TO 2ND STREET, FOR
THE IRISH FEST TO BE HELD ON JULY 24, 2010.
24. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSE REQUESTS FOR RUMMEL MEMORIAL
HOME INC., TO BE OPERATED AT DOW RUMMEL VILLAGE, 1321 WEST DOW RUMMEL STREET, FOR
A CHAMBER MIXER TO BE HELD ON JULY 13, 2010.
25. 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 C.
Document: Exhibit C.
CONSENT AGENDA ITEMS
APPROVAL OF REGULAR AGENDA
PUBLIC INPUT
PETITIONS
26. CONDITIONAL USE PERMIT APPEAL (2010-04-06): NORTHWEST CORNER OF W. 85TH STREET AND S.
MINNESOTA AVENUE. THE CONDITIONAL USE PERMIT WAS TO CONSTRUCT AN ASSISTED LIVING
FACILITY. APPROVED AT THE MAY 5, 2010, PLANNING COMMISSION MEETING WITH A VOTE OF 4-
YES, 1-NO.
PC Staff Report
PC Exhibits
PC Minutes - Item 10
Appeal - Jelken
Appeal - Sylvester 1 of 2
Appeal - Sylvester 2 of 2
Appeal - Neighborhood Letters
UNFINISHED BUSINESS
DOC: ALCOHOL MEMO
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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).
35. 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. PENDING FINAL
INSPECTIONS PER FIRE, HEALTH, AND BUILDING SERVICES.
36. 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.
37. 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.
38. 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.
39. 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.
Document: Exhibit B
INTRODUCTION AND ADOPTION OF ORDINANCES
40. 2ND 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.)
Document: Ord. 1189
PC Staff Report
PC Exhibits
PC Minutes - Item 9
41. 2ND 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.)
Document: Ord. 1186
PC Staff Report
PC Exhibits
PC Minutes - Item 3
42. 2ND 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.)
Document: Ord. 1187
PC Staff Report
PC Exhibits
PC Minutes - Item 4
43. 2ND 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.)
Document: Ord. 1188
PC Staff Report
PC Exhibits
PC Minutes - Item 5
44. 2ND 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."
Document: Ord. 1190
Memo
Set the hearing date and 2nd Reading for Monday, June 14, 2010 at 7:00 p.m. for Item 45:
45. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED
ORDINANCES OF THE CITY BY REVISING ARTICLE III, SECTION 12 1/2-35, FOR THE COMPLAINT
PROCEDURE FOR THE BOARD OF ETHICS.
Document: Ord. 1194
HEARINGS AND RESOLUTIONS
46. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO
CERTAIN CITIZEN BOARDS.
Res. 1728
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)
47. REPORT OF MAY 24, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR
ORGANIZATIONAL UNITS. (MEMO 1)
Document: Memo 1
ADJOURNMENT
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