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City Council Meeting

Regular Meeting

Sioux Falls, SD · September 20, 2010

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, September 20, 2010 at 7:00 p.m. ROLL CALL #5 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Erpenbach Council Member Aguilar Council Member Jamison Council Member Litz Council Member Rolfing Council Member Anderson Jr. Council Member Brown Council Member Entenman Mayor Mike T. Huether INVOCATION A. DR. RON TOTTINGHAM, EMPIRE BAPTIST TEMPLE PLEDGE OF ALLEGIANCE PROCLAMATIONS A. NATIONAL MENTAL ILLNESS AWARENESS WEEK, OCTOBER 3-9, 2010 B. CONSTITUTION WEEK, SEPTEMBER 17-23, 2010 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 Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed MINUTES A. INFORMATIONAL MEETING OF MONDAY, SEPTEMBER 13, 2010, AT 4:00 P.M. Minutes B. CITY COUNCIL MEETING OF MONDAY, SEPTEMBER 13, 2010, AT 7:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM CHILDREN'S HOME SOCIETY STATING ITS INTENT TO SELL RAFFLE TICKETS FROM SEPTEMBER 22, 2010 TO OCTOBER 30, 2010, FOR VARIOUS DONATED PRIZES. TICKETS WILL BE $1.00. ALL PROCEEDS WILL BE DONATED TO THE SIOUX EMPIRE UNITED WAY. NOTICE OF HEARINGS Set a hearing date for Monday, October 4, 2010, at 7:00 p.m. on Items 2 through 11: DOC: ITEMS 2-11 MEMO-COUNCIL 2. NEW 2010 RETAIL WINE LICENSE FOR HY-VEE INC., HY-VEE FOOD STORE #6, TO BE OPERATED AT 1231 EAST 57TH STREET, WITH THE CONDITIONAL USE PERMIT (2010-08-06) BEING APPROVED ON 09-01-10. 3. NEW 2010-11 RETAIL MALT BEVERAGE LICENSE FOR BRO'S BRASSERIE AMERICANO LLC, BRO'S BRASSERIE AMERICANO, TO BE OPERATED AT 332/334 SOUTH PHILLIPS AVENUE, WITH THE CONDITIONAL USE PERMIT (2010-08-04) BEING APPROVED ON 09-01-10. 4. TRANSFER OF A 2010 RETAIL WINE LICENSE FROM CHEF AMY'S CAFE 334 LLC, CHEF AMY'S CAFE 334, 334 SOUTH PHILLIPS AVENUE, TO BRO'S BRASSERIE AMERICANO LLC, BRO'S BRASSERIE AMERICANO, TO BE OPERATED AT 332/334 SOUTH PHILLIPS AVENUE, WITH THE CONDITIONAL USE PERMIT (2010-08-04) BEING APPROVED ON 09-01-10. 5. TRANSFER OF A 2010 RETAIL LIQUOR LICENSE FROM 4900 BUILDING LLC, THE OAKS HOTEL, 3300 WEST RUSSELL STREET, TO 4900 BUILDING LLC, NAME TO BE DETERMINED, TO BE OPERATED AT 214 SOUTH PHILLIPS AVENUE, INCLUDING SUNDAY SALES, WITH THE CONDITIONAL USE PERMIT (2010-08-03) BEING APPROVED ON 09-01-10. 6. RENEWAL OF A 2011 RETAIL LIQUOR LICENSE FOR 4900 BUILDING LLC, NAME TO BE DETERMINED, TO BE OPERATED AT 214 SOUTH PHILLIPS AVENUE, INCLUDING SUNDAY SALES, WITH THE CONDITIONAL USE PERMIT (2010-08-03) BEING APPROVED ON 09-01-10. 7. TRANSFER OF A 2010 PACKAGE LIQUOR LICENSE FROM LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, 3809 EAST TENTH STREET, TO LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, TO BE OPERATED AT 530 SOUTH SECOND AVENUE. 8. RESCIND 2010-11 PACKAGE MALT BEVERAGE LICENSE ISSUED TO LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, 530 SOUTH SECOND AVENUE. 9. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A RECEPTION AND AWARDS DINNER ON OCTOBER 8, 2010. 10. SPECIAL ONE-DAY LIQUOR LICENSE FOR GREAT BEAR RECREATION PARK INC., GREAT BEAR RECREATION PARK, TO BE OPERATED AT 5901 EAST RICE STREET, FOR A RECEPTION ON OCTOBER 9, 2010. 11. SPECIAL ONE-DAY OFF-SALE PACKAGE WINE LICENSE FOR THE SIOUX FALLS JAZZ & BLUES SOCIETY TO BE OPERATED AT THE SIOUX FALLS CONVENTION CENTER, 1211 NORTH WEST AVENUE, ON OCTOBER 15-16, 2010, FOR THE 'EXPO FOR HER'. 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 Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed PUBLIC INPUT Melvin Vandentop spoke about a resolution for the Homeowner’s and Bank Protection Act. UNFINISHED BUSINESS DOC: ITEMS 12-24 MEMO-COUNCIL 12. NEW 2010 RETAIL WINE LICENSE FOR LIBATION STATION LLC, LIBATION STATION, TO BE OPERATED AT 5009 SOUTH WESTERN AVENUE SUITE 200, WITH THE CONDITIONAL USE PERMIT (2010-07-03) BEING APPROVED ON 08-04-10. 13. NEW 2010-11 PACKAGE MALT BEVERAGE/SOUTH DAKOTA FARM WINERY LICENSE FOR SWR INC., SENOR WIENER RESTAURANT, TO BE OPERATED AT 3504 WEST 41ST STREET. 14. NEW 2010 PACKAGE LIQUOR LICENSE FOR LEWIS DRUG INC., LEWIS ON LOUISE, TO BE OPERATED AT 6109 SOUTH LOUISE AVENUE. 15. NEW 2010 PACKAGE LIQUOR LICENSE FOR SELAMTA MINI MART LLC, SELAMTA MINI MART, TO BE OPERATED AT 812 EAST TENTH STREET. 16. RESCIND 2010-11 PACKAGE MALT BEVERAGE LICENSE ISSUED TO SELAMTA MINI MART LLC, SELAMTA MINI MART, 812 EAST TENTH STREET. 17. NEW 2010 RETAIL WINE LICENSE FOR HY-VEE INC., HY-VEE FOOD STORE #7, TO BE OPERATED AT 2700 WEST TENTH STREET (FULL SERVICE RESTAURANT; CUP NOT REQUIRED). 18. TRANSFER OF A 2010 PACKAGE LIQUOR LICENSE FROM LUVERNE SUPERMARKET INC., SUNSHINE FOODS #3, 2700 WEST TENTH STREET, TO HY-VEE INC., HY-VEE FOOD STORE #7, TO BE OPERATED AT 2700 WEST TENTH STREET. 19. TRANSFER OF A 2010 PACKAGE LIQUOR LICENSE FROM LUVERNE SUPERMARKET INC., SUNSHINE FOODS, 1231 EAST 57TH STREET, TO HY-VEE INC., HY-VEE FOOD STORE #6, TO BE OPERATED AT 1231 EAST 57TH STREET. 20. TRANSFER OF A 2010-11 PACKAGE MALT BEVERAGE LICENSE FROM LUVERNE SUPERMARKET INC., SUNSHINE GAS #9, 1229 EAST 57TH STREET, TO HY-VEE INC., HY-VEE FOOD STORE #6 GAS, TO BE OPERATED AT 1229 EAST 57TH STREET. 21. TRANSFER 2010-11 RETAIL MALT BEVERAGE LICENSE FROM INCA'S MEXICAN RESTAURANT SIOUX FALLS INC., INCA'S MEXICAN RESTAURANT, 3312 SOUTH HOLLY AVENUE, TO D&D RESTAURANTS INC., INCA'S MEXICAN RESTAURANT, TO BE OPERATED AT 3312 SOUTH HOLLY AVENUE (CUP NOT REQUIRED; THIS IS AN EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 22. TRANSFER 2010 RETAIL WINE LICENSE FROM INCA'S MEXICAN RESTAURANT SIOUX FALLS INC., INCA'S MEXICAN RESTAURANT, 3312 SOUTH HOLLY AVENUE, TO D&D RESTAURANTS INC., INCA'S MEXICAN RESTAURANT, TO BE OPERATED AT 3312 SOUTH HOLLY AVENUE (CUP NOT REQUIRED; THIS IS AN EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 23. SPECIAL ONE-DAY LIQUOR LICENSE FOR REALTOR ASSOCIATION OF THE SIOUX EMPIRE TO BE OPERATED AT CHERAPA PLACE, 300 NORTH CHERAPA PLACE, ON SEPTEMBER 23, 2010, FOR THE "REALTOR FOR KIDS" FUNDRAISER. 24. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSES FOR THE AVERA MCKENNAN FOUNDATION TO BE OPERATED AT PERSPECTIVE, 196 EAST SIXTH STREET, ON OCTOBER 22, 2010, FOR THE "PAINT THE NIGHT PINK" FUNDRAISER. A motion was made by Council Member Anderson Jr. and seconded by Council Member Erpenbach to approve Items 12-24 with one vote. Vote to approve: Roll Call: Yeses, Council Member Erpenbach, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 6. Noes, 0. Motion Passed INTRODUCTION AND ADOPTION OF ORDINANCES Set a hearing date and 2nd Reading for Monday, October 4, 2010, for Items 25 through 28: 25. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011. Proposed ord1132 2011 Appropriation Exhibit A 26. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY THE PROMOTION/TRANSFER PROVISIONS OF SECTION 30-37B. Proposed ord1218 27. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 704 S. CLEVELAND AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2010-07-18, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (THE PLANNING COMMISSION RECOMMENDS DENIAL.) Proposed ord0001 PC Staff Report PC Exhibit PC Minutes - Item 13 A motion was made by Council Member Litz and seconded by to approve Item 27. A motion was made by Council Member Rolfing and seconded by Council Member Litz to set a hearing date and 2nd Reading for Monday, October 4, 2010, for Items 25 through 27. Vote to set a hearing date: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed 28. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2010-08-01 TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT S. SOLBERG AVE., SOUTH OF W. 57TH ST. AND WEST OF S. LOUISE AVE. AMENDING THE WEST 57TH STREET NO. 2 PLANNED DEVELOPMENT DISTRICT SUBAREA REGULATIONS. (THE PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed ord0002 PC Staff Report PC Exhibit PC Minutes - Item 14 A motion was made by Council Member Brown and seconded by Council Member Erpenbach to set a hearing date and 2nd Reading for Monday, October 4, 2010 for Item 28. Vote to set a hearing date: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 6. Noes, 0. Motion Passed HEARINGS AND RESOLUTIONS 29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON TRACT NO. 57 OF COUNTY AUD. SUBD. IN THE NE1/4 OF SECTION 8-T101N-R49W, MINNEHAHA COUNTY, SD (NORTH E AVE. FROM W. BLACKHAWK ST. TO W. ALGONQUIN ST.). Proposed RES0016 Item 29-Petition Item 29-Exhibits A motion was made by Council Member Brown and seconded by Council Member Erpenbach to approve Item 29. A subtitute motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to defer Item 29 until Monday, October 4, 2010. Vote to defer: Roll Call: Yeses, Erpenbach, Litz, Rolfing, Anderson Jr., 4. Noes, Jamison, Brown, Entenman, 3. Motion Passed. 30. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON S. 9TH AVE. FROM E. 23RD ST. TO E. 24TH ST. AND THE ADJACENT ALLEYS AS SHOWN ON THE EXHIBIT. Proposed RES1754 Item 30-Petition Item 30-Exhibits A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz to adopt said Resolution 79-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed RESOLUTION NO. 79-10 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON S. 9TH AVE. FROM E. 23RD ST. TO E. 24TH ST. AND THE ADJACENT ALLEYS AS SHOWN ON THE EXHIBIT. WHEREAS, a petition of the owners of Lots 68A, 69 through 75 (inclusive), 104 through 110 (inclusive), 111A, 126A, 128 through 133 (inclusive), 162 through 168 (inclusive), and 169A, all in Belmont Addition to the City of Sioux Falls, County, South Dakota has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on September 20, 2010, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on S. 9th Ave. from E. 23rd St. to E. 24th St. and the adjacent alleys as shown on the Exhibit to the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, Cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/20/10. Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 31. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON PORTIONS OF W. 28TH ST. FROM S. SUMMIT AVE. TO S. GRANGE AVE. AND ON THE ALLEY WITHIN BLOCK 23 OF DENNIS SUB- DIVISION OF BLOCKS 9, 10, 23, AND 24 OF UNIVERSITY ADDN. AS SHOWN ON EXHIBIT A. Proposed RES1755 Item 31-Petition Item 31-Exhibits A motion was made by Council Member Erpenbach and seconded by Council Member Anderson Jr. to adopt said Resolution 80-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed RESOLUTION NO. 80-10 A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON PORTIONS OF W. 28TH ST. FROM S. SUMMIT AVE. TO S. GRANGE AVE. AND ON THE ALLEY WITHIN BLOCK 23 OF DENNIS SUB-DIVISION OF BLOCKS 9, 10, 23, AND 24 OF UNIVERSITY ADDN. AS SHOWN ON EXHIBIT A. WHEREAS, a petition of the owners of: Lots 9 and 10 of Block 9 of Dennis Sub-Division of Blocks 9, 10, 23, and 24 of University Addn. Lots 9 and 10 of Block 10 of Dennis Sub-Division of Blocks 9, 10, 23, and 24 of University Addn. Lot 1 of Block 24 of Dennis Sub-Division of Blocks 9, 10, 23, and 24 of University Addn. Lot 18 of Block 24 of Dennis Sub-Division of Blocks 9, 10, 23, and 24 of University Addn. Lots 1 through 18 and adjacent vacated right-of-way of W. 29th St. in Block 23 all in Dennis Sub-Division of Blocks 9, 10, 23, and 24 of University Addn. Lots 12 and 13 of Block 11 of University Addn. Lots 12 and 13 of Block 12 of University Addn. High Rise Dormitory Tract No. 1 of part of Blocks 21 and 22 of University Addn. Block 21 (except High Rise Dormitory Tract No. 1 of part of Blocks 21 and 22 of University Addn.) University Addn. to the City of Sioux Falls, County, South Dakota, has been filed with the City Clerk, asking that the aforesaid be vacated. Pursuant to SDCL, notice of hearing has duly been given, and said notice was properly published; and WHEREAS, the hearing was held on September 20, 2010, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony in support of said petition has been heard, and no opposition thereto was voiced. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street or alley and no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the public right-of-way on portions of W. 28th St. from S. Summit Ave. to S. Grange Ave. and on the alley within Block 23 of Dennis Sub-Division of Blocks 9, 10, 23, and 24 of University Addn. as shown on Exhibit A to the City of Sioux Falls, County, South Dakota, be and the same hereby is declared vacated, subject to an easement reserved by the City of Sioux Falls in, over, and upon such vacated property for drainage, sewer, water and gas mains, electric, telephone lines, Cable TV, and all public utility uses required or authorized by the City of Sioux Falls, and that the City Clerk shall cause to be filed with the Register of Deeds, County, South Dakota, a duly certified transcript of this resolution. Date adopted: 09/20/10. Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 32. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF DIAMOND FIELD ESTATES 2ND ADDITION. (THE PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed Res0014 PC Staff Report PC Exhibit PC Minutes - Item 3 A motion was made by Council Member Anderson Jr. and seconded by Council Member Entenman to adopt said Resolution 81-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed RESOLUTION NO. 81-10 A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF DIAMOND FIELD ESTATES 2ND ADDITION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the preliminary plan of Diamond Field Estates 2nd Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby approved, and the City Clerk of the City of Sioux Falls is hereby directed to endorse on such plan a copy of this resolution and certify the same thereon. Date adopted: 09/20/10. Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 33. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TEN, CITY OF SIOUX FALLS. Proposed Res1768 General TID FAQs TID #10 Summary Proposed Boundary for TID #10 TID #10 Presentation A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Resolution 78-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed RESOLUTION NO. 78-10 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TEN, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has recommended the creation of Tax Increment District Number Ten and has submitted a proposed project plan for Tax Incremental District Number Ten, City of Sioux Falls; and WHEREAS, the City of Sioux Falls has the power, pursuant to SDCL § 11-9-2(1), to create the Tax Incremental District Number Ten, City of Sioux Falls and define its boundaries; and WHEREAS, the property within Tax Incremental District Number Ten, City of Sioux Falls, meets the qualifications and criteria set forth in SDCL 11-9. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That: 1. Declaration of Necessity and Enhancement. The City Council declares the necessity for the creation of the Tax Incremental District Number Ten, City of Sioux Falls, pursuant to SDCL Chapter 11-9. Further, the City finds that the improvement of the area is likely to enhance significantly the value of substantially all of the other real property in the District and is necessary for economic development within the City. Improvements to the District are likely to add millions of dollars assessed valuation to the District and will significantly and substantially enhance the value of all property in the District. 2. Findings of Blight. The City Council finds that more than twenty five percent (25%) of the property in the District is a blighted area as defined in SDCL 9-11. 3. Findings of Maximum Percentage of Tax Incremental Districts. The aggregate assessed value of the taxable property in the District, plus all other tax incremental districts, does not exceed ten percent (10%) of the total assessed valuation of the City. 4. Creation of District. There is hereby created, pursuant to SDCL Chapter 11-9 the Tax Incremental District Number Ten, City of Sioux Falls (the “District”). The District is hereby created on the day this resolution becomes effective which shall be 20 days after publication. 5. Designation of District boundaries. The District shall have boundaries as shown and described on Exhibit A. 6. Projects within the District must comply with the City’s adopted 2035 Growth Management Plan [Comprehensive Plan] and all other appropriate plans and regulations. Date adopted: 09/20/10. Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk ADJOURNMENT A motion was made by Council Member Brown and seconded by Council Member Litz to adjourn at 8:05 p.m. Vote to adjourn: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Rolfing, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed Jamie L. Palmer, CMC Assistant City Clerk

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, September 20, 2010 at 7:00 p.m. ROLL CALL #5 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Council Member Erpenbach Council Member Jamison Council Member Litz Council Member Rolfing Council Member Anderson Jr. Council Member Brown Council Member Entenman Mayor Mike T. Huether INVOCATION A. DR. RON TOTTINGHAM, EMPIRE BAPTIST TEMPLE PLEDGE OF ALLEGIANCE PROCLAMATIONS A. NATIONAL MENTAL ILLNESS AWARENESS WEEK, OCTOBER 3-9, 2010 B. CONSTITUTION WEEK, SEPTEMBER 17-23, 2010 APPROVAL OF CONSENT AGENDA MINUTES A. INFORMATIONAL MEETING OF MONDAY, SEPTEMBER 13, 2010, AT 4:00 P.M. Minutes B. CITY COUNCIL MEETING OF MONDAY, SEPTEMBER 13, 2010, AT 7:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM CHILDREN'S HOME SOCIETY STATING ITS INTENT TO SELL RAFFLE TICKETS FROM SEPTEMBER 22, 2010 TO OCTOBER 30, 2010, FOR VARIOUS DONATED PRIZES. TICKETS WILL BE $1.00. ALL PROCEEDS WILL BE DONATED TO THE SIOUX EMPIRE UNITED WAY. NOTICE OF HEARINGS Set a hearing date for Monday, October 4, 2010, at 7:00 p.m. on Items 2 through 11: DOC: ITEMS 2-11 MEMO-COUNCIL 2. NEW 2010 RETAIL WINE LICENSE FOR HY-VEE INC., HY-VEE FOOD STORE #6, TO BE OPERATED AT 1231 EAST 57TH STREET, WITH THE CONDITIONAL USE PERMIT (2010-08-06) BEING APPROVED ON 09-01-10. 3. NEW 2010-11 RETAIL MALT BEVERAGE LICENSE FOR BRO'S BRASSERIE AMERICANO LLC, BRO'S BRASSERIE AMERICANO, TO BE OPERATED AT 332/334 SOUTH PHILLIPS AVENUE, WITH THE CONDITIONAL USE PERMIT (2010-08-04) BEING APPROVED ON 09-01-10. 4. TRANSFER OF A 2010 RETAIL WINE LICENSE FROM CHEF AMY'S CAFE 334 LLC, CHEF AMY'S CAFE 334, 334 SOUTH PHILLIPS AVENUE, TO BRO'S BRASSERIE AMERICANO LLC, BRO'S BRASSERIE AMERICANO, TO BE OPERATED AT 332/334 SOUTH PHILLIPS AVENUE, WITH THE CONDITIONAL USE PERMIT (2010-08-04) BEING APPROVED ON 09-01-10. 5. TRANSFER OF A 2010 RETAIL LIQUOR LICENSE FROM 4900 BUILDING LLC, THE OAKS HOTEL, 3300 WEST RUSSELL STREET, TO 4900 BUILDING LLC, NAME TO BE DETERMINED, TO BE OPERATED AT 214 SOUTH PHILLIPS AVENUE, INCLUDING SUNDAY SALES, WITH THE CONDITIONAL USE PERMIT (2010-08-03) BEING APPROVED ON 09-01-10. 6. RENEWAL OF A 2011 RETAIL LIQUOR LICENSE FOR 4900 BUILDING LLC, NAME TO BE DETERMINED, TO BE OPERATED AT 214 SOUTH PHILLIPS AVENUE, INCLUDING SUNDAY SALES, WITH THE CONDITIONAL USE PERMIT (2010-08-03) BEING APPROVED ON 09-01-10. 7. TRANSFER OF A 2010 PACKAGE LIQUOR LICENSE FROM LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, 3809 EAST TENTH STREET, TO LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, TO BE OPERATED AT 530 SOUTH SECOND AVENUE. 8. RESCIND 2010-11 PACKAGE MALT BEVERAGE LICENSE ISSUED TO LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, 530 SOUTH SECOND AVENUE. 9. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A RECEPTION AND AWARDS DINNER ON OCTOBER 8, 2010. 10. SPECIAL ONE-DAY LIQUOR LICENSE FOR GREAT BEAR RECREATION PARK INC., GREAT BEAR RECREATION PARK, TO BE OPERATED AT 5901 EAST RICE STREET, FOR A RECEPTION ON OCTOBER 9, 2010. 11. SPECIAL ONE-DAY OFF-SALE PACKAGE WINE LICENSE FOR THE SIOUX FALLS JAZZ & BLUES SOCIETY TO BE OPERATED AT THE SIOUX FALLS CONVENTION CENTER, 1211 NORTH WEST AVENUE, ON OCTOBER 15-16, 2010, FOR THE 'EXPO FOR HER'. CONSENT AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT UNFINISHED BUSINESS DOC: ITEMS 12-24 MEMO-COUNCIL 12. NEW 2010 RETAIL WINE LICENSE FOR LIBATION STATION LLC, LIBATION STATION, TO BE OPERATED AT 5009 SOUTH WESTERN AVENUE SUITE 200, WITH THE CONDITIONAL USE PERMIT (2010-07-03) BEING APPROVED ON 08-04-10. 13. NEW 2010-11 PACKAGE MALT BEVERAGE/SOUTH DAKOTA FARM WINERY LICENSE FOR SWR INC., SENOR WIENER RESTAURANT, TO BE OPERATED AT 3504 WEST 41ST STREET. 14. NEW 2010 PACKAGE LIQUOR LICENSE FOR LEWIS DRUG INC., LEWIS ON LOUISE, TO BE OPERATED AT 6109 SOUTH LOUISE AVENUE. 15. NEW 2010 PACKAGE LIQUOR LICENSE FOR SELAMTA MINI MART LLC, SELAMTA MINI MART, TO BE OPERATED AT 812 EAST TENTH STREET. 16. RESCIND 2010-11 PACKAGE MALT BEVERAGE LICENSE ISSUED TO SELAMTA MINI MART LLC, SELAMTA MINI MART, 812 EAST TENTH STREET. 17. NEW 2010 RETAIL WINE LICENSE FOR HY-VEE INC., HY-VEE FOOD STORE #7, TO BE OPERATED AT 2700 WEST TENTH STREET (FULL SERVICE RESTAURANT; CUP NOT REQUIRED). 18. TRANSFER OF A 2010 PACKAGE LIQUOR LICENSE FROM LUVERNE SUPERMARKET INC., SUNSHINE FOODS #3, 2700 WEST TENTH STREET, TO HY-VEE INC., HY-VEE FOOD STORE #7, TO BE OPERATED AT 2700 WEST TENTH STREET. 19. TRANSFER OF A 2010 PACKAGE LIQUOR LICENSE FROM LUVERNE SUPERMARKET INC., SUNSHINE FOODS, 1231 EAST 57TH STREET, TO HY-VEE INC., HY-VEE FOOD STORE #6, TO BE OPERATED AT 1231 EAST 57TH STREET. 20. TRANSFER OF A 2010-11 PACKAGE MALT BEVERAGE LICENSE FROM LUVERNE SUPERMARKET INC., SUNSHINE GAS #9, 1229 EAST 57TH STREET, TO HY-VEE INC., HY-VEE FOOD STORE #6 GAS, TO BE OPERATED AT 1229 EAST 57TH STREET. 21. TRANSFER 2010-11 RETAIL MALT BEVERAGE LICENSE FROM INCA'S MEXICAN RESTAURANT SIOUX FALLS INC., INCA'S MEXICAN RESTAURANT, 3312 SOUTH HOLLY AVENUE, TO D&D RESTAURANTS INC., INCA'S MEXICAN RESTAURANT, TO BE OPERATED AT 3312 SOUTH HOLLY AVENUE (CUP NOT REQUIRED; THIS IS AN EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 22. TRANSFER 2010 RETAIL WINE LICENSE FROM INCA'S MEXICAN RESTAURANT SIOUX FALLS INC., INCA'S MEXICAN RESTAURANT, 3312 SOUTH HOLLY AVENUE, TO D&D RESTAURANTS INC., INCA'S MEXICAN RESTAURANT, TO BE OPERATED AT 3312 SOUTH HOLLY AVENUE (CUP NOT REQUIRED; THIS IS AN EXISTING LICENSE WHICH PREDATES THE ORDINANCE). 23. SPECIAL ONE-DAY LIQUOR LICENSE FOR REALTOR ASSOCIATION OF THE SIOUX EMPIRE TO BE OPERATED AT CHERAPA PLACE, 300 NORTH CHERAPA PLACE, ON SEPTEMBER 23, 2010, FOR THE "REALTOR FOR KIDS" FUNDRAISER. 24. SPECIAL ONE-DAY MALT BEVERAGE AND WINE LICENSES FOR THE AVERA MCKENNAN FOUNDATION TO BE OPERATED AT PERSPECTIVE, 196 EAST SIXTH STREET, ON OCTOBER 22, 2010, FOR THE "PAINT THE NIGHT PINK" FUNDRAISER. INTRODUCTION AND ADOPTION OF ORDINANCES Set a hearing date and 2nd Reading for Monday, October 4, 2010, for Items 25 through 28: 25. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING APPROPRIATIONS AND THE MEANS OF FINANCING FOR THE FISCAL YEAR ENDING DECEMBER 31, 2011. Proposed ord1132 2011 Appropriation Exhibit A 26. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY THE PROMOTION/TRANSFER PROVISIONS OF SECTION 30-37B. Proposed ord1218 27. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 704 S. CLEVELAND AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2010-07-18, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (THE PLANNING COMMISSION RECOMMENDS DENIAL.) Proposed ord0001 PC Staff Report PC Exhibit PC Minutes - Item 13 28. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT, PETITION NO. 2010-08-01 TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT S. SOLBERG AVE., SOUTH OF W. 57TH ST. AND WEST OF S. LOUISE AVE. AMENDING THE WEST 57TH STREET NO. 2 PLANNED DEVELOPMENT DISTRICT SUBAREA REGULATIONS. (THE PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed ord0002 PC Staff Report PC Exhibit PC Minutes - Item 14 HEARINGS AND RESOLUTIONS 29. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON TRACT NO. 57 OF COUNTY AUD. SUBD. IN THE NE1/4 OF SECTION 8-T101N-R49W, MINNEHAHA COUNTY, SD (NORTH E AVE. FROM W. BLACKHAWK ST. TO W. ALGONQUIN ST.). Proposed RES0016 Item 29-Petition Item 29-Exhibits 30. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON S. 9TH AVE. FROM E. 23RD ST. TO E. 24TH ST. AND THE ADJACENT ALLEYS AS SHOWN ON THE EXHIBIT. Proposed RES1754 Item 30-Petition Item 30-Exhibits 31. A RESOLUTION VACATING THE PUBLIC RIGHT-OF-WAY ON PORTIONS OF W. 28TH ST. FROM S. SUMMIT AVE. TO S. GRANGE AVE. AND ON THE ALLEY WITHIN BLOCK 23 OF DENNIS SUB- DIVISION OF BLOCKS 9, 10, 23, AND 24 OF UNIVERSITY ADDN. AS SHOWN ON EXHIBIT A. Proposed RES1755 Item 31-Petition Item 31-Exhibits 32. A RESOLUTION OF THE CITY OF SIOUX FALLS APPROVING THE PRELIMINARY PLAN OF DIAMOND FIELD ESTATES 2ND ADDITION. (THE PLANNING COMMISSION RECOMMENDS APPROVAL.) Proposed Res0014 PC Staff Report PC Exhibit PC Minutes - Item 3 33. A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER TEN, CITY OF SIOUX FALLS. Proposed Res1768 General TID FAQs TID #10 Summary Proposed Boundary for TID #10 TID #10 Presentation ADJOURNMENT

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