City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, October 4, 2010 at 7:00 p.m. ROLL CALL#6 MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Members Present: Members Absent: Council Member Jamison None. Council Member Litz Council Member Rolfing Council Member Aguilar Council Member Anderson Jr. Council Member Brown Council Member Entenman Council Member Erpenbach Mayor Mike T. Huether INVOCATION A. PASTOR KEVIN SCHNEIDER, GOOD NEWS REFORMED CHURCH PLEDGE OF ALLEGIANCE PROCLAMATIONS A. JAYCEE MISSION WEEK - OCTOBER 4 B. DOMESTIC VIOLENCE AWARENESS MONTH - OCTOBER APPROVAL OF CONSENT AGENDA A motion was made by Council Member Anderson Jr. and seconded by Council Member Litz 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, SEPTEMBER 20, 2010, AT 4:00 P.M.  Minutes B. REGULAR COUNCIL MEETING OF MONDAY, SEPTEMBER 20, 2010, AT 7:00 P.M. Minutes COMMUNICATIONS 1. A COMMUNICATION WAS RECEIVED FROM THE SIOUX FALLS JAZZ & BLUES SOCIETY, STATING ITS INTENT TO SELL RAFFLE TICKETS FROM OCTOBER 9, 2010, TO APRIL 16, 2011, FOR TWO AUTOGRAPHED FENDER STRATOCASTER GUITARS (VALUED AT $500 EACH). TICKETS WILL BE $5.00 EACH OR 5 FOR $20.00. THE PROCEEDS WILL BE USED FOR THE SIOUX FALLS JAZZ & BLUES SOCIETY EDUCATION FUND. 2. A COMMUNICATION WAS RECEIVED FROM THE BIG BROTHERS BIG SISTERS OF THE SIOUX EMPIRE, STATING ITS INTENT TO SELL RAFFLE TICKETS FROM NOVEMBER 1, 2010, TO DECEMBER 3, 2010, FOR CASH PRIZES OF $10,000, $3,000 AND $2,000. THE TICKETS WILL BE $100.00 EACH. THE PROCEEDS WILL BE USED FOR BIG BROTHERS BIG SISTERS YOUTH MENTORING. 3. A COMMUNICATION WAS RECEIVED FROM THE SOUTH DAKOTA INSTITUTE OF ARCHITECTS REQUESTING PERMISSION TO CONSUME, BUT NOT SELL, WINE AND MALT BEVERAGES AT 758 SOUTH PHILLIPS (THE WOMEN'S HISTORY CLUB) ON THURSDAY, OCTOBER 14, 2010, FROM 6:00 P.M. TO 9:00 P.M. FOR A SOCIAL HOUR DURING THEIR ANNUAL FALL CONVENTION. 4. A COMMUNICATION WAS RECEIVED FROM MR. ADAM NYHAUG REQUESTING PERMISSION TO CONSUME, BUT NOT SELL, WINE AND MALT BEVERAGES AT THE OLD COURTHOUSE MUSEUM, 200 WEST SIXTH STREET, ON SATURDAY, DECEMBER 4, 2010, FROM 12:00 P.M. UNTIL 5:00 P.M. FOR A FAMILY REUNION AND HOLIDAY PARTY. NOTICE OF HEARINGS Set a hearing date for Tuesday, October 12, 2010, at 7:00 p.m. on Items 5 and 6: Doc: Alcohol Memo 5. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A RECEPTION ON OCTOBER 17, 2010, AND AUTHORIZE PUBLICATION OF NOTICE ON 10-01-10 TO SET THE HEARING DATE. 6. SPECIAL ONE-DAY LIQUOR LICENSE REQUESTS FOR SMG, TO BE OPERATED AT THE SIOUX FALLS ARENA, 1201 NORTH WEST AVENUE, ON OCTOBER 17, 2010, FOR THE TIMBERWOLVES PRESEASON GAME, MARCH 29, 2011, FOR THE CENTRAL PLAINS DAIRY EXPO; ALL 2010-11 HOME SEASON GAMES FOR THE STAMPEDE, ALL 2010-11 HOME SEASON GAMES FOR THE SKYFORCE; INCLUDING STAMPEDE AND SKYFORCE POSSIBLE PLAYOFF GAMES BETWEEN APRIL 10 AND MAY 31, 2011, AND AUTHORIZE PUBLICATION OF NOTICE ON 10-01-10 TO SET THE HEARING DATE. Set a hearing date for Monday, October 18, 2010, at 7:00 p.m. on Item 7: DOC: ALCOHOL MEMO 7. SPECIAL ONE-DAY LIQUOR LICENSE FOR AVERA MCKENNAN FOUNDATION TO BE HELD AT THE  AVERA CANCER INSTITUTE AND ADJOINING PARKING AREA, 1000 EAST 23RD STREET, FOR A GALA EVENT ON OCTOBER 29, 2010. APPROVAL OF REGULAR AGENDA A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to approve the Regular Agenda. A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to amend the Regular Agenda by adding a Resolution as Item 26. A Resolution cancelling all special assessments, judgments, liens, and any other such instruments. 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 Vote to adopt the resolution, as amended. Yeses: Aguilar, Anderson, Brown, Entenman, Erpenbach, Jamison, Litz, and Rolfing, 8. Noes, 0. Motion Passed. PUBLIC INPUT LuAnn Pfeifle spoke regarding the ordinances referencing garage and rummage sales. Becky Brunz spoke regarding John Morrell’s and the Event Center. Brendan Reilly spoke regarding the Events Center. Tim Stanga spoke regarding the people in his neighborhood, the need to bring in good paying jobs to the city, the Events Center and the Washington Pavillion. Grant Toland spoke regarding the Events Center. Dave Severtson spoke regarding the Events Center. Dave Billion spoke regarding the Events Center. Dan Doyle spoke regarding the Events Center. Ellen Smith spoke regarding the Events Center. Carter Christensen spoke regarding the Events Center. Qadir Aware spoke regarding the Events Center. Steve Hildebrand spoke regarding the Events Center.  Norman Drake spoke regarding the Events Center. Greg La Follette spoke regarding the Events Center. Anita Wetsch spoke regarding the Events Center. Tom Munster spoke regarding the Events Center. UNFINISHED BUSINESS DOC: ALCOHOL MEMO A motion was made by Council Member Erpenbach and seconded by Council Member Aguilar to free form remove Items 11 and 12 to be considered separately from Items 8-10 and 13-17 . Vote to remove Items 11 and 12 to be considered separately from Items 8-10 and 13-17: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, 5. Noes Council Member Litz, Council Member Rolfing, Council Member Entenman, 3. Motion Passed 8. 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. 9. 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. PENDING FINAL INSPECTION PER FIRE. 10. 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. 11. 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. PENDING FINAL INSPECTIONS PER FIRE, HEALTH, AND BUILDING SERVICES. 12. 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. PENDING FINAL INSPECTIONS PER FIRE, HEALTH, AND BUILDING SERVICES. A motion was made by Council Member Rolfing and seconded by Council Member Litz to approve Items 11 and 12. Vote to approve: Roll Call: Yeses, Council Member Jamison, Council Member Litz, Council  Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Entenman, 6. Noes Council Member Erpenbach, Council Member Brown, 2. Motion Passed 13. 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. 14. RESCIND 2010-11 PACKAGE MALT BEVERAGE LICENSE ISSUED TO LUVERNE SUPERMARKETS INC., SUNSHINE FOODS, 530 SOUTH SECOND AVENUE. 15. 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. 16. 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. 17. 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.' A motion was made by Council Member Jamison and seconded by Council Member Entenman to approve Items 8-10 and Items 13-17 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 Items 11 and 12 were heard at this time. See items for action taken. INTRODUCTION AND ADOPTION OF ORDINANCES 18. 2ND 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. Document: Ord. 1132 Exhibit A A motion was made by Council Member Entenman and seconded by Council Member Litz to adopt said Ordinance 72-10. A motion was made by Council Member Rolfing and seconded by Council Member Litz to free form call the question . Vote to call the question: Roll Call: Yeses, Council Member Litz, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Entenman, 5. Noes  Council Member Erpenbach, Council Member Jamison, Council Member Brown, 3. Motion Passed Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Rolfing, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes Council Member Litz, 1. Motion Passed Council Member Litz changed his vote to a 'yes' vote. Motion passed 8-0. 19. 2ND 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. Document: Ord. 1218 A motion was made by Council Member Aguilar and seconded by Council Member Anderson Jr. to adopt said Ordinance 71-10. 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 20. 2ND 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.) Document: Ord. 0001 A motion was made by Council Member Erpenbach and seconded by Council Member Anderson Jr. to free form defer this item to the City Council Meeting on Monday, November 1, 2010, at 7:00 p.m. Vote to defer this item to the City Council Meeting on Monday, November 1, 2010, at 7:00 p.m: 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 PC Report PC Exhibits PC Minutes - Item 13 21. 2ND 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.) Document: Ord. 0002 A motion was made by Council Member Litz and seconded by Council Member Erpenbach to adopt said Ordinance 73-10. Vote to adopt: Roll Call: Yeses, Council Member Erpenbach, Council Member Jamison, Council Member Litz, Council Member Aguilar, Council Member Anderson Jr., Council Member Brown, Council Member Entenman, 7. Noes, 0. Motion Passed PC Report PC Exhibits PC Minutes - Item 14 Set a hearing date and 2nd Reading for Tuesday, October 12, 2010, at 7:00 p.m. for Item 22: 22. 1ST READING: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 2, ARTICLE XIII, OF THE REVISED ORDINANCES OF SIOUX FALLS, SD. Document: Ord. 1210 A motion was made by Council Member Aguilar and seconded by Council Member Brown to set a hearing date and 2nd Reading for Tuesday, October 12, 2010, at 7:00 p.m. for Item 22. 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 23. DEFERRED ACTION (FROM MEETING ON 9/20/10): 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.). Document: Res. 0016 Link to discussion at 09/20/10 City Council Meeting - Item 29 A motion was made by Council Member Erpenbach and seconded by Council Member Litz to adopt said Resolution 82-10. 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. 82-10 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.). WHEREAS, a petition of the owners of: Tract C Block 1 Airport Addition; Lot A Tract 51A County Aud. Subd. NE1/4 Section 8-101-49; Tract 49 County Aud. Subd. NE1/4 Section 8-101-49; Tract 50 County Aud. Subd. NE1/4 Section 8-101-49; 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 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.) 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: 10/04/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk 24. A RESOLUTION APPROVING PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TEN, CITY OF SIOUX FALLS.  Document: Res. 1769 A motion was made by Council Member Anderson Jr. and seconded by Council Member Brown to adopt said Resolution 83-10 . 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 Document: Tax Incremental Project Plan RESOLUTION NO. 83-10 A RESOLUTION APPROVING PROJECT PLAN FOR TAX INCREMENTAL DISTRICT NUMBER TEN, CITY OF SIOUX FALLS. WHEREAS, the City Planning Commission has prepared and recommended a project plan for Tax Incremental District Number Ten, City of Sioux Falls, which identifies certain development activities and public improvements to be undertaken by the City or private developers and paid for, in whole or in part, from the collection of tax increment revenues derived from the district; and WHEREAS, the Tax Increment Project Plan is both economically feasible and in conformity with the Sioux Falls 2035 Growth Management Plan and; WHEREAS, it is anticipated that district improvements, not including financing, in the plan will be expended prior to five years after the effective date of adoption of this plan if an amendment to the project plan is not required. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That pursuant to SDCL 11-9-17, the Tax Increment Project Plan for Tax Incremental District Number Ten, City of Sioux Falls, is hereby approved. Date adopted: 10/04/10 . 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) 25. REPORT OF SEPTEMBER 27, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. (MEMO 1) Document: Memo 1 NEW BUSINESS/ ITEMS ADDED AFTER AGENDA DEADLINE Resolution 26. A RESOLUTION CANCELLING ALL SPECIAL ASSESSMENTS, JUDGMENTS, LIENS, AND ANY OTHER SUCH INSTRUMENTS. A motion was made by Council Member Litz and seconded by Council Member Anderson Jr. to adopt said Resolution 84-10. 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. 84-10 A RESOLUTION CANCELLING ALL SPECIAL ASSESSMENTS, JUDGMENTS, LIENS, AND ANY OTHER SUCH INSTRUMENTS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the assessments, judgments, liens, and any other such instruments plus any accrued interest to date held by the City of Sioux Falls on Lot 2, Block 6, Brookings Addition for health code violations, weeds/mowing, nuisance, failure to comply, snow removal, litter control, and securing of structures are hereby cancelled, upon transfer of said property to Sioux Falls Housing Corporation not later than October 31, 2010, and that the Finance Director and the Minnehaha County Treasurer are hereby authorized to show said action on their respective records. This resolution shall become effective upon passage and publication. Date adopted: 10/04/10 . Mike T. Huether Mayor ATTEST: Debra A. Owen City Clerk ADJOURNMENT A motion was made by Council Member Erpenbach and seconded by Council Member Litz to adjourn the meeting at 9:30 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