City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, August 2, 2010 at 7:00 p.m. ROLL CALL #8 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Rolfing Council Member Anderson Jr. Council Member Aguilar Council Member Brown Council Member Entenman Council Member Erpenbach Council Member Jamison Council Member Litz Mayor Mike T. Huether INVOCATION A. PASTOR DWAYNE WILLIAMS, FRIENDSHIP BAPTIST CHURCH PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA A motion was made by Council Member Litz and seconded by Council Member Entenman 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, JULY 19, 2010, AT 4:00 P.M. Minutes B. JOINT CITY COUNCIL/MINNEHAHA COUNTY MEETING OF MONDAY, JULY 19, 2010, AT 5:00 P.M. Minutes C. CITY COUNCIL MEETING OF MONDAY, JULY 19, 2010, AT 7:00 P.M.  Minutes D. INFORMATIONAL MEETING OF MONDAY, JULY 26, 2010, AT 4:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM ROTARY WEST OF SIOUX FALLS, STATING ITS INTENT TO SELL RAFFLE TICKETS FROM AUGUST 13, 2010, TO NOVEMBER 12, 2010, FOR 100 BOTTLES OF WINE (VALUED AT $12.00/EACH). TICKETS WILL BE $20.00 EACH. THE PROCEEDS ARE TO BE USED TO BENEFIT THE ROTARY WEST'S COMMITMENT TO POLIO PLUS THROUGH ROTARY INTERNATIONAL AND THE GATES FOUNDATION AND MANY LOCAL SIOUX FALLS, SD PROJECTS. 2. A COMMUNICATION WAS RECEIVED FROM MOUNT MARTY COLLEGE, REQUESTING PERMISSION TO CONSUME, BUT NOT SELL, WINE AND MALT BEVERAGES AT MOUNT MARTY COLLEGE, 5001 W. 41ST ST., ON SATURDAY, SEPTEMBER 25, 2010 FROM 5:30 P.M. - 10:00 P.M. FOR THE PURPOSE OF AN OPEN HOUSE RECEPTION. NOTICE OF HEARINGS DOC: ALCOHOL MEMO Set a hearing date for Monday, August 16, 2010, at 7:00 p.m. on Items 3 through 6: 3. NEW 2010-11 RETAIL MALT BEVERAGE LICENSE FOR INCA'S MEXICAN RESTAURANT SIOUX FALLS INC., INCA'S EXPRESS, TO BE OPERATED AT 5024 SOUTH MARION ROAD (FULL SERVICE RESTAURANT; CUP NOT REQUIRED). 4. TRANSFER OF A 2010-11 RETAIL MALT BEVERAGE LICENSE FROM YOUTH ENRICHMENT SERVICES, BURNSIDE BINGO, 1605 WEST BURNSIDE AVENUE, TO STANTON INC., THE LOG CABIN, TO BE OPERATED AT 1515 WEST BURNSIDE STREET (CUP NOT REQUIRED; THIS IS AN ADDITION TO AN EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 5. TRANSFER OF A 2010-11 RETAIL MALT BEVERAGE LICENSE FROM STANTON INC., THE LOG CABIN, 1515 WEST BURNSIDE STREET, TO YOUTH ENRICHMENT SERVICES, BURNSIDE BINGO, TO BE OPERATED AT 1605 WEST BURNSIDE STREET, INCLUDING VIDEO LOTTERY TERMINALS (WITH THE CONDITIONAL USE PERMIT (2002-03-03) BEING APPROVED ON 06-12-02). 6. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR THE AUTUMN CRUSH ON SEPTEMBER 30, 2010. APPROVAL OF REGULAR AGENDA A motion was made by Council Member Brown and seconded by Council Member Anderson Jr. 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 Ron Wieczorek spoke regarding our national economy and he gave suggestions on how to improve the economy. Megan Tuve spoke regarding inappropriate activity at Whittier Park and asked that the City Council assist in making the park a safer place again. Discussion occured regarding alcohol usage in public parks. Melvin Vandentop spoke regarding the collapsing economy. He also addressed the budgetary delay of placing a fire station on the southeast section of the city. He recommend that the Events Center be delayed vs. delaying essential services that protect human life. Tim Stanga spoke regarding the following items: 1) He thanked Council Member Anderson, Jr. for coming to his neighborhood and speaking with the neighbors; 2) He talked about the problems in the Whittier neighborhood regarding alcohol sales; 3) He talked about his concern regarding budget cuts in the police department when there is an increase in crime in the city; 4) He would like to see the money that is being set aside for the Events Center be used for police protection instead; 5) He thinks Falls Park and Phillips to the Falls should not include industrial businesses nearby; 6) His neighborhood does not have “cookie jars” and the Mayor and the Council should listen to the people regarding what they want or need; 7) He does not like that taxpayer money was used to purchase books for the City Council regarding money management. Brad Hall spoke regarding casinos on the border between Iowa and South Dakota. Discussion followed. UNFINISHED BUSINESS Doc: Alcohol Memo 7. RENEWAL OF THE 2010-11 PACKAGE MALT BEVERAGE LICENSE FOR WANG ENTERPRISE INC., KING'S MART, TO BE OPERATED AT 4200 WEST 41ST STREET. 8. SPECIAL ONE-DAY LIQUOR LICENSE FOR SKK LLC, COPPER LOUNGE, TO BE OPERATED AT THE 1ST AVENUE LOT #1, 110 SOUTH MALL AVENUE, ON AUGUST 15, 2010, FOR THE SUMMER GIVEAWAY PARTY. A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz to approve Items 7 and 8 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 INTRODUCTION AND ADOPTION OF ORDINANCES 9. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 816 S. COVELL AVE. FROM THE RS-2, RESIDENTIAL DISTRICT TO SUBAREA A OF THE SANFORD USD MEDICAL CENTER PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2010-06-16, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Ord. 1207 PC Staff Report PC Exhibits PC Minutes - Item 8 A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Ordinance 61-10. 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, 7. Noes, 0. Motion Passed 10. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 201 E. EIGHTH ST. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE C-3, CENTRAL BUSINESS DISTRICT, PETITION NO. 2010-06-14, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Ord. 1206 PC Staff Report PC Exhibits PC Minutes - Item 7 A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz to adopt said Ordinance 62-10. 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 11. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 243, 303, 305, AND 307 E. EIGHTH ST. FROM THE RC, RECREATION/CONSERVATION DISTRICT TO THE C-3, CENTRAL BUSINESS DISTRICT, PETITION NO. 2010-06-12, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.)  Ord. 1205 PC Staff Report PC Exhibits PC Minutes - Item 6 A motion was made by Council Member Entenman and seconded by Council Member Litz to adopt said Ordinance 63-10. 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 12. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 2111 N. LOUISE CIR. FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE C-4, PLANNED COMMERCIAL DISTRICT, PETITION NO. 2010-06-09, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Ord. 1204 PC Staff Report PC Exhibits PC Minutes - Item 5 A motion was made by Council Member Entenman and seconded by Council Member Anderson Jr. to adopt said Ordinance 64-10. 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 13. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. FAITH AVE. AND E. 49TH ST. FROM THE AG, AGRICULTURAL DISTRICT TO THE RS-2, RESIDENTIAL DISTRICT, PETITION NO. 2010-06-04, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Ord. 1203 PC Staff Report PC Exhibits PC Minutes - Item 4  A motion was made by Council Member Litz and seconded by Council Member Jamison to adopt said Ordinance 65-10. 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 14. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2010-06-02 TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT NE CORNER OF S. SYCAMORE AVE. AND E. 41ST ST. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA REGULATIONS, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Ord. 1202 PC Staff Report PC Exhibits PC Minutes - Item 3 A motion was made by Council Member Litz and seconded by Council Member Entenman to adopt said Ordinance 66-10. 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 a date of hearing and 2nd Reading for Monday, August 23, 2010 at 7:00 p.m. at the Joint City Council/Lincoln County Meeting for Item 15: 15. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF SAID CITY BY REZONING PROPERTY AT 26864 469TH AVE. FROM THE A-1 AGRICULTURAL DISTRICT TO THE ZENOBI PLANNED DEVELOPMENT DISTRICT. (PLANNING COMMISSION RECOMMENDS DENIAL.) Ord. 1208 Ord. 1208 - Revised 07/30/10 Minutes of Joint PC meeting Exhibit 1 Vicinity Map Exhibit 2 Site Plan A motion was made by Council Member Anderson Jr. and seconded by Council Member Jamison to set a hearing date and 2nd Reading for Monday, August 23, 2010, at 7:00 p.m. at the Joint City  Council/Lincoln County Meeting for Item 15. 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 HEARINGS AND RESOLUTIONS 16. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Res. 1752 A motion was made by Council Member Brown and seconded by Council Member Erpenbach to adopt said Resolution 61-10. 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. 61-10 A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2011. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the County Auditor of Minnehaha County, South Dakota, and the same shall be collected in and as municipal taxes for general purposes. Date adopted: 08/02/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk The Description of All Lots and Parcels of Land, Together with the Amount Properly Chargeable to Each for the 21st Street Frontage Fund, Said Lots and Parcels of Land Abutting Upon 21st Street from Phillips Avenue to Seventh Avenue Description Addition Frontage Amount South 140’ of the East 40’ of Lot 7 and the Boulevard Addition 140’ $119.00 South 140’ of Lots 5 & 6, Block 15 South 119’ of the West 9’ of Lot 7 and the Boulevard Addition 60’ 51.00 South 119’ of Lot 8, Block 15 Lot 6, Block 16 Boulevard Addition 150’ 127.50 Lot 7, Block 16 Boulevard Addition 150’ 127.50 Lot 8, Crisp’s Subd. of Block 17 Boulevard Addition 45’ 38.25 Lot 9, Crisp’s Subd. of Block 17 Boulevard Addition 45’ 38.25 Lot 10 & East 1/2 Lot 11, Crisp’s Boulevard Addition 68’ 57.80 Subd. of Block 17 Lot 12, & West 1/2 Lot 11, Crisp’s Boulevard Addition 68’ 57.80 Subd. of Block 17 Lot 13, Crisp’s Subd. of Block 17 Boulevard Addition 45’ 38.25 Lot 14, Crisp’s Subd. of Block 17 Boulevard Addition 45’ 38.25 Lot 6, Block 18 Boulevard Addition 150’ 127.50 Lot 7, Block 18 Boulevard Addition 150’ 127.50 East 1/3 Lot 6, Block 19 Boulevard Addition 50’ 42.50 West 2/3 Lot 6, Block 19 Boulevard Addition 100’ 85.00 East 1/2 of Lot 7, Block 19 Boulevard Addition 75’ 63.75 West 1/2 of Lot 7, Block 19 Boulevard Addition 75’ 63.75 Lot 8, Realty Co’s. Subd. of Block 20 Boulevard Addition 45’ 38.25 Lot 9, Realty Co’s. Subd. of Block 20 Boulevard Addition 45’ 38.25 Lot 10, Realty Co’s. Subd. of Block 20 Boulevard Addition 45.5’ 38.68 Lot 11 & East 1/2 Lot 12, Realty Co’s. Boulevard Addition 68.5’ 58.23 Subd. Block 20 West 1/2 Lot 12, Realty Co’s. Subd. of Boulevard Addition 22.5’ 19.13 Block 20 Lot 13, Realty Co’s. Subd. of Block 20 Boulevard Addition 45’ 38.25 Lot 14, Realty Co’s. Subd. of Block 20 Boulevard Addition 45’ 38.25 Lot 9, Realty Co’s. Subd. of Block 21 Boulevard Addition 47 39.95 South 100’ of Lot 10, Realty Co’s. Subd. of Block 21; Boulevard Addition 45’ 38.25 Lot 11, Realty Co’s. Subd. of Block 21 Boulevard Addition 45’ 38.25 Lot 12, Realty Co’s. Subd. of Block 21 Boulevard Addition 45’ 38.25 Lot 13, Realty Co’s. Subd. of Block 21 Boulevard Addition 45’ 38.25 Lot 14, Realty Co’s. Subd. of Block 21 Boulevard Addition 45’ 38.25 South 100’ of Lot 15, Realty Co’s. Subd. Boulevard Addition 44’ 37.40 of Block 21 South 100’ of Lot 16, Realty Co’s. Subd. Boulevard Addition 44’ 37.40 of Block 21 Lot 1, Block 1 W. L. Baker’s Addition 53’ 45.05 Lot 2 & East 26’ of Lot 3, Block 1 W. L. Baker’s Addition 78’ 66.30 East 22’ of W. 26’ of Lot 3, Block 1 W. L. Baker’s Addition 22’ 18.70 West 4’ of Lot 3 & all Lot 4, Block 1 W. L. Baker’s Addition 56’ 47.60 Lot 5, Block 1 W. L. Baker’s Addition 68’ 57.80  Lot 24, Block 1 W. L. Baker’s Addition 150’ 127.50 Lot 1, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 2, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 3, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 4, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 5, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 6, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 7, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 8, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 9, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 10, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 11 Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 12, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 13, Block 3 W. L. Baker’s Addition 50’ 42.50 Lot 14, Block 3 W. L. Baker’s Addition 60’ 51.00 Lot 15, Block 3 W. L. Baker’s Addition 62’ 52.70 Tract 5, Co. Aud. Subd. SW1/4, Sec. 21, Twp. 101, Range 49W 150’ 127.50 N. 150’ of Lot A, Co. Aud. Subd. Tract 4 of SW1/4, Sec. 21, Twp. 101, Range 49W 158’ 134.30 N. 150’ of Lot B, Co. Aud. Subd. Tract 4 of SW1/4, Sec. 21, Twp. 101, Range 49W $3,304.39 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) 17. REPORT OF JULY 26, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. (MEMO 1) Memo 1 NEW BUSINESS/ ITEMS ADDED AFTER AGENDA DEADLINE ADJOURNMENT A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adjourn the meeting at 8:06 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