City Council Meeting

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, November 1, 2010 at 7:00 p.m. MEMBERS PRESENT/ABSENT OFFICIAL AGENDA ROLL CALL #1 Members Present: Members Absent: Council Member Aguilar None. Council Member Anderson Jr. Council Member Brown Council Member Entenman Council Member Erpenbach Council Member Jamison Council Member Litz Council Member Rolfing Mayor Mike T. Huether INVOCATION A. COUNCIL MEMBER VERNON BROWN PLEDGE OF ALLEGIANCE PROCLAMATIONS A. EXTRA MILE DAY - NOVEMBER 1, 2010 VISITOR'S RECOGNITION A. MR. ZURAB DEKANOIDZE, THE LEGISLATIVE FELLOWS PROGRAM B. MR. YURY NABUTOVSKI, THE LEGISLATIVE FELLOWS PROGRAM C. BOY SCOUT TROOP - PACK 361 CONSENT AGENDA APPROVAL OF CONSENT AGENDA A motion was made by Council Member Erpenbach 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 Entenman, 7. Noes, 0. Motion Passed MINUTES A. INFORMATIONAL MEETING OF MONDAY, OCTOBER 18, 2010, AT 4:00 P.M. Minutes B. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETING OF MONDAY, OCTOBER 18, 2010, AT 5:00 P.M. Minutes C. CITY COUNCIL MEETING OF MONDAY, OCTOBER 18, 2010, AT 7:00 P.M. Minutes NOTICE OF HEARINGS DOC: MEMO Set a hearing date for Monday, November 15, 2010, at 7:00 p.m. on Items 1 through 3: 1. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, ON DECEMBER 3, 10, 11, AND 18, 2010, AND JANUARY 1, 2011, FOR VARIOUS CELEBRATIONS. 2. SPECIAL ONE-DAY WINE LICENSE AND SPECIAL ONE-DAY OFF-SALE PACKAGE WINE LICENSE FOR RUMMEL MEMORIAL HOME INC., TO BE OPERATED AT DOW RUMMEL VILLAGE, 1321 WEST DOW RUMMEL STREET, ON DECEMBER 5, 2010, FOR A HABITAT FOR HUMANITY FUNDRAISER. 3. VARIOUS RETAIL LIQUOR, PACKAGE LIQUOR, AND RETAIL WINE LICENSE RENEWALS FOR 2011 TO BE OPERATED AT VARIOUS LOCATIONS IN THE CITY OF SIOUX FALLS, SD, IDENTIFIED AS EXHIBIT A. See electronic attachment for Exhibit A. Exhibit A REGULAR AGENDA APPROVAL OF REGULAR AGENDA A motion was made by Council Member Anderson Jr. and seconded by Council Member Jamison 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 Entenman, 7. Noes, 0. Motion Passed  Council Member Brown returned to the meeting at this time. PUBLIC INPUT Citizen Roger Elgersma spoke regarding the Events Center. Citizen Tim Stanga thanked the Mayor and the City Council for their assistance in the Whittier neighborhood. He also asked for an update on the deal between TJN and the stockyards and had a question regarding whether or not gravel trucks need covering over the top of their vehicles. UNFINISHED BUSINESS DOC: MEMO 4. NEW 2010 PACKAGE LIQUOR LICENSE FOR WAL-MART STORES INC., WAL-MART SUPERCENTER 1535, TO BE OPERATED AT 3209 SOUTH LOUISE AVENUE. 5. RESCIND 2010-11 PACKAGE MALT BEVERAGE/SOUTH DAKOTA FARM WINERY LICENSE FOR WAL- MART STORES INC., WAL-MART SUPERCENTER 1535, 3209 SOUTH LOUISE AVENUE. 6. NEW 2010 PACKAGE LIQUOR LICENSE FOR WAL-MART STORES INC., WAL-MART SUPERCENTER 3237, TO BE OPERATED AT 5521 EAST ARROWHEAD PARKWAY. 7. RESCIND 2010-11 PACKAGE MALT BEVERAGE/SOUTH DAKOTA FARM WINERY LICENSE FOR WAL- MART STORES INC., WAL-MART SUPERCENTER 3237, 5521 EAST ARROWHEAD PARKWAY. 8. SPECIAL ONE-DAY LIQUOR LICENSE FOR HY-VEE INC., ALL OCCASIONS BY HY-VEE, TO BE OPERATED AT THE OLD COURTHOUSE MUSEUM, 200 WEST SIXTH STREET, ON NOVEMBER 13, 2010, FOR A WEDDING RECEPTION. 9. SPECIAL ONE-DAY LIQUOR LICENSE FOR HY-VEE INC., ALL OCCASIONS BY HY-VEE, TO BE OPERATED AT THE DELBRIDGE MUSEUM OF NATURAL HISTORY, 805 SOUTH KIWANIS AVENUE, ON JANUARY 8, 2011, FOR A WEDDING RECEPTION. 10. SPECIAL ONE-DAY LIQUOR LICENSE FOR AVERA MCKENNAN TO BE OPERATED AT THE AVERA CANCER INSTITUTE, 1000 EAST 23RD STREET, ON NOVEMBER 20, 2010, FOR THE PINK FASHIONISTA EVENT. 11. SPECIAL ONE-DAY LIQUOR LICENSE FOR WASHINGTON PAVILION MANAGEMENT INC., WASHINGTON PAVILION OF ARTS & SCIENCE, 301 SOUTH MAIN AVENUE, FOR A DINNER ON NOVEMBER 4, 2010. 12. SPECIAL ONE-DAY MALT BEVERAGE AND SPECIAL ONE-DAY WINE LICENSES FOR SENIOR CITIZENS SERVICES INC., TO BE OPERATED AT ACTIVE GENERATIONS, 2300 WEST 46TH STREET, ON MAY 1, 2011, FOR THE GOURMET GUYS FUNDRAISER. A motion was made by Council Member Entenman and seconded by Council Member Litz to approve items 4 through 12 with one vote as follows.  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 13. DEFERRED ACTION (FROM MEETING ON 10/04/10): 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.) Ord. 0001 PC Staff Report PC Exhibits PC Minutes - Item 13 A motion was made by Council Member Brown and seconded by Council Member Anderson Jr. to withdraw this item at the request of the petitioner. Vote to withdraw: 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, AMENDING THE CODE OF ORDINANCES OF THE CITY BY ADDING SEVERAL PROPERTIES AND DELETING ONE PROPERTY TO SECTION 39-82A, PROVIDING FOR RURAL SERVICE DISTRICT LANDS. Ord. 0003 Map A motion was made by Council Member Jamison and seconded by Council Member Aguilar to adopt said Ordinance 75-10. A motion, to amend the main motion, was made by Council Member Jamison and seconded by Council Member Aguilar to add the following item as property (81): SW1/4 SW1/4 (ex. Oliver Tr and Hein’s Addition and ex. S1/2 Gov’t. Lot 2 W of Hein’s Addition and N of ROW of Tract 1) unplatted 18-101-48 and Tract 1 and N150’ W300’ Tract 3 Oliver’s Tracts SW1/4 SW1/4 unplatted 18-101-48 and ICR abandoned ROW SW1/4 unplatted 18-101-48 and Tracts 1, 2, and 5 Hein’s Addition all within 18-101-48, Minnehaha County, South Dakota. Vote to amend the main motion: Roll Call: Yeses, Aguilar, Anderson Jr., Brown, Entenman, Erpenbach, Jamison, Litz, Rolfing, 8. Noes, 0. Motion Passed. Vote to adopt the main motion, as amended: Roll Call: Yeses, Aguilar, Anderson Jr., Brown,  Entenman, Erpenbach, Jamison, Litz, Rolfing, 8. Noes, 0. Motion Passed. 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) 15. REPORT OF OCTOBER 25, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Memo ADJOURNMENT A motion was made by Council Member Brown and seconded by Council Member Anderson Jr. to adjourn the meeting at 7:30 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