City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, August 16, 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. PASTOR DALLAS DOBBINS, CELEBRATE CHURCH PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA A motion was made by Council Member Anderson Jr. and seconded by Council Member Jamison 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, AUGUST 9, 2010, AT 4:00 P.M. Minutes B. CITY COUNCIL MEETING OF MONDAY, AUGUST 9, 2010, AT 7:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM SOUTHEASTERN BEHAVIORAL HEALTHCARE STATING ITS INTENT TO SELL RAFFLE TICKETS ON NOVEMBER 19, 2010, FOR ONE ITEM OF JEWELRY (VALUED AT $3,000.00). TICKETS WILL BE SOLD FOR ONE TICKET FOR $10.00 OR THREE TICKETS FOR $20.00. THE PROCEEDS WILL PROVIDE SERVICES TO SOUTHEASTERN BEHAVIORAL HEALTHCARE CONSUMERS WHO HAVE LIMITED RESOURCES. NOTICE OF HEARINGS Set a hearing date for Tuesday, September 7, 2010, at 7:00 p.m., on Items 2 and 3: DOC: MEMO 2. SPECIAL ONE-DAY MALT BEVERAGE AND SPECIAL ONE-DAY WINE LICENSES FOR THE SIOUX FALLS AREA HUMANE SOCIETY TO BE OPERATED AT LANDSCAPE GARDEN CENTER, 7201 SOUTH MINNESOTA AVENUE, FOR THE PAWS TO CELEBRATE FUNDRAISER ON OCTOBER 2, 2010. 3. SPECIAL ONE-DAY MALT BEVERAGE AND SPECIAL ONE-DAY WINE LICENSES FOR DOWNTOWN SIOUX FALLS TO BE OPERATED AT SHRIVER SQUARE, SUITE 102, DOWNTOWN SIOUX FALLS OFFICE AND LOBBY, 230 SOUTH PHILLIPS AVENUE, FOR THE WINE PASSPORT WRAP-UP PARTY ON SEPTEMBER 15, 2010. Set a public hearing date for Tuesday, September 7, 2010, at 7:00 p.m., and set adoption date of Resolution for Monday, September 13, 2010, at 7:00 p.m., on Item 4: 4. A PROPOSED RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011, AND THE 2011-2015 CAPITAL PROGRAM. Res. 1758 APPROVAL OF REGULAR AGENDA A motion was made by Council Member Litz 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 There was none. UNFINISHED BUSINESS DOC: MEMO 5. 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). PENDING FINAL INSPECTION PER HEALTH. 6. 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). Map for Items 6 & 7 7. 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). 8. 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. 9. SPECIAL ONE-DAY LIQUOR LICENSE FOR SMG, TO BE OPERATED AT THE ORPHEUM THEATER, 315 NORTH PHILLIPS AVENUE, FOR A WEDDING RECEPTION ON SEPTEMBER 4, 2010. Memo A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to approve Items 5 through 9 with one vote. A motion was made by Council Member Jamison and seconded by Council Member Brown to postpone definitely Items 6 and 7 to Tuesday, September 7, 2010, at 7:00 p.m. Vote to postpone definitely: 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 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 10. 2ND READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SOUTH DAKOTA (THE "CITY"), AUTHORIZING THE ISSUANCE OF ITS SALES TAX REVENUE BONDS IN ONE OR MORE SERIES, AUTHORIZING THE USE OF THE PROCEEDS THEREOF TO REFUND THE OUTSTANDING SIOUX FALLS SOUTH DAKOTA SALES TAX REVENUE REFUNDING BONDS, SERIES 2001B, PLEDGING THE SALES AND USE TAX PROCEEDS OF THE CITY TO THE PAYMENT OF SAID SALES TAX REVENUE BONDS, FIXING THE TERMS OF SUCH SALES TAX REVENUE BONDS, AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE SUPPLEMENTAL INDENTURES BETWEEN THE CITY AND THE FIRST NATIONAL BANK IN SIOUX FALLS (THE "TRUSTEE"), AND AUTHORIZING THE SALE, EXECUTION, AND DELIVERY OF SUCH SALES TAX REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $11,500,000 PLUS COSTS OF ISSUANCE AND DEBT SERVICE RESERVE FUNDS. (SERIES 2001B IS THE ENTERTAINMENT BOND)  Ord. 1209 Res. 257-93 A motion was made by Council Member Anderson Jr. and seconded by Council Member Entenman to adopt said Ordinance 68-10. 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, AMENDING THE REVISED ORDINANCES OF THE CITY BY AUTHORIZING THE SOUTH DAKOTA DEPARTMENT OF GAME, FISH AND PARKS TO ISSUE PERMITS TO CITIZENS ALLOWING THEM TO HUNT GAME IN SAID CITY AS FOUND IN SECTIONS 7-14 AND 26-53 OF THE REVISED ORDINANCES OF SIOUX FALLS, SD. Ord. 1213 A motion was made by Council Member Litz and seconded by Council Member Jamison to adopt said Ordinance 67-10. 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 hearing date and 2nd Reading for Tuesday, September 7, 2010, at 7:00 p.m., on Item 12: 12. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY BETWEEN 8TH AND 10TH STREETS AND BLAUVELT AND MABLE AVENUES FROM THE C-2, GENERAL COMMERCIAL DISTRICT AND THE RD, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL DISTRICT, PETITION NO. 2010-07-05 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (PLANNING COMMISSION RECOMMENDS APPROVAL.) Ord. 1214 PC Staff Report PC Exhibits PC Minutes - Item 3 A motion was made by Council Member Anderson Jr. and seconded by Council Member Entenman to set a hearing date and 2nd Reading for Tuesday, September 7, 2010, at 7:00 p.m. 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 ADJOURNMENT A motion was made by Council Member Litz and seconded by Council Member Jamison to adjourn at 7:37 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 Denise D. Tucker, CMC Assistant City Clerk