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City Council Meeting

Regular Meeting

Sioux Falls, SD · January 3, 2011

AgendaMinutesPacketVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Monday, January 3, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA Council Member Greg Jamison Absent Council Member Bob Litz Mayor Mike T. Huether Council Member Rex Rolfing Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member James Entenman Council Member Michelle Erpenbach INVOCATION  Pastor Doug Bartel, Hillcrest Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Bob Litz and seconded by Council Member James Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, December 20, 2010, at 4:00 p.m.  Joint City Council/Minnehaha County Meeting of Monday, December 20, 2010, at 5:00 p.m.  City Council Meeting of Monday, December 20, 2010, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Sioux Empire Home Builders Care Foundation stating its intent to sell raffle tickets from January 17, 2011 to April 10, 2011, for a $10,000.00 cash prize. Tickets will be sold for $100.00 each. The proceeds will be used for funding Care Foundation charitable activities including Tools for Schools, Repair Affair and scholarships for students. 2. A communication was received from St. Therese Catholic Church requesting permission to consume, but not sell, wine and beer at 901 N. Tahoe Trail, on Friday, January 21, 2011, from 6:30 p.m. to 12:00 a.m. for a celebration for finishing their campaign Our Church Our Future. 3. A communication was received from Fellowship of Christian Sportsmen Plus stating its intent to sell raffle tickets from January 15, 2011 to March 31, 2011, for a Mathews Drenalin Compound Bow (valued at $839.00). Tickets will be sold for $10.00 each. The proceeds will be used for funding the Wild Game Feed and Expo on February 19, 2011. 4. A communication was received from the Teddy Bear Den stating its intent to sell one hundred four playing cards on January 21, 2011, for a piece of jewelry from The Diamond Room (valued at approximately $1,000.00). Cards will be sold for $20.00 each. The proceeds will be used to defray the Teddy Bear Den's operating expenses during 2011. NOTICE OF HEARINGS 5. New 2011 Retail Wine License for Chef Jeni & Company Inc., Chef Jeni & Company, to be operated at 3638 South Southeastern Avenue, with the Conditional Use Permit (2010-11-05) being approved on 12-01-10. 6. New 2010-11 Retail Malt Beverage License for Chef Jeni & Company Inc., Chef Jeni & Company, to be operated at 3638 South Southeastern Avenue, with the Conditional Use Permit (2010-11-05) being approved on 12-01-10. 7. Special One-Day Liquor License for St. Therese Parish to be operated at St. Therese Parish, 901 North Tahoe Trail, for the Mexican Fiesta Parish Social Activity on February 12, 2011. 8. Special One-Day Liquor License for Avera McKennan, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for a Chamber Mixer on February 10, 2011. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Bob Litz and seconded by Council Member Sue Aguilar to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. PUBLIC INPUT There was none. INTRODUCTION AND ADOPTION OF ORDINANCES 9. DEFERRED (from meeting of December 6, 2010) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 412 E. 12TH ST. FROM THE C-3, CENTRAL BUSINESS DISTRICT TO SUBAREA E OF THE BEADLE GREENWAY PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2010-09-02, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Bob Litz to defer Item 9 to the City Council Meeting on February 14, 2011, at 7:00 p.m. Vote to defer: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4200 S. SYCAMORE AVENUE FROM THE RA-1, RESIDENTIAL DISTRICT AND THE O, OFFICE DISTRICT TO THE EASTERN HILLS PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2010-11-04 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) A motion was made by Council Member Bob Litz and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance for Item 10. Vote to adopt: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2009 UNIFORM PLUMBING CODE AND AMENDMENTS THERETO. A motion was made by Council Member Bob Litz and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, January 10, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 12. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. A motion was made by Council Member Vernon Brown and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution for Item 12. Vote to adopt: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: 1. That the Collective Bargaining Agreement between the City of Sioux Falls and Local 519 of the American Federation of State, County, and Municipal Employees providing for terms and conditions of employment for general nonmanagement employees for the period from January 1, 2011, through December 31, 2011, is hereby approved by the City Council nunc pro tunc. 2. Accordingly, the terms and conditions of the collective bargaining agreement shall be deemed effective as of January 1, 2011. Date adopted: 01/03/11. 13. A RESOLUTION APPROVING THE 2011 AUDIT PLAN. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Bob Litz to adopt said Resolution for Item 13. A motion was made by Council Member Vernon Brown and seconded by Council Member Sue Aguilar to amend the main motion by changing "2010" to "2011". Vote to amend: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Vote to adopt: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE 2011 AUDIT PLAN. WHEREAS, the Audit Committee shall develop and submit to the City Council for approval an annual audit plan pursuant to Ordinance No. 120-05; and WHEREAS, the Audit Committee has developed and approved such a plan for 2011; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the document attached to and part of this resolution entitled "2011 Audit Plan, City of Sioux Falls," is hereby approved. That the Lead Internal Auditor is authorized to carry out the audits and other projects as described in the 2011 Audit Plan. Date adopted: 01/03/11. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 14. REPORT OF THE DECEMBER 27, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. ADJOURNMENT A motion was made by Council Member Bob Litz and seconded by Council Member Vernon Brown to adjourn at 7:30 p.m. Vote to adjourn: Roll Call: Yeses, Greg Jamison, Bob Litz, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, 8. Noes, 0. Motion Passed. Jamie L. Palmer, CMC Assistant City Clerk MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16. CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

Agenda

City of Sioux Falls Council Meeting Agenda Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Monday, January 3, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Council Member Jim Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Robert Litz Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION  Pastor Doug Bartel, Hillcrest Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES  Informational Meeting of Monday, December 20, 2010, at 4:00 p.m.  Joint City Council/Minnehaha County Meeting of Monday, December 20, 2010, at 5:00 p.m.  City Council Meeting of Monday, December 20, 2010, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Sioux Empire Home Builders Care Foundation stating its intent to sell raffle tickets from January 17, 2011 to April 10, 2011, for a $10,000.00 cash prize. Tickets will be sold for $100.00 each. The proceeds will be used for funding Care Foundation charitable activities including Tools for Schools, Repair Affair and scholarships for students. 2. A communication was received from St. Therese Catholic Church requesting permission to consume, but not sell, wine and beer at 901 N. Tahoe Trail, on Friday, January 21, 2011, from 6:30 p.m. to 12:00 a.m., for a celebration for finishing their campaign Our Church Our Future. 3. A communication was received from Fellowship of Christian Sportsmen Plus stating its intent to sell raffle tickets from January 15, 2011 to March 31, 2011, for a Mathews Drenalin Compound Bow (valued at $839.00). Tickets will be sold for $10.00 each. The proceeds will be used for funding the Wild Game Feed and Expo on February 19, 2011. 4. A communication was received from the Teddy Bear Den stating its intent to sell one hundred four playing cards on January 21, 2011, for a piece of jewelry from The Diamond Room (valued at approximately $1,000.00). Cards will be sold for $20.00 each. The proceeds will be used to defray the Teddy Bear Den's operating expenses during 2011. NOTICE OF HEARINGS 5. New 2011 Retail Wine License for Chef Jeni & Company Inc., Chef Jeni & Company, to be operated at 3638 South Southeastern Avenue, with the Conditional Use Permit (2010-11-05) being approved on 12-01-10. 6. New 2010-11 Retail Malt Beverage License for Chef Jeni & Company Inc., Chef Jeni & Company, to be operated at 3638 South Southeastern Avenue, with the Conditional Use Permit (2010-11-05) being approved on 12-01-10. 7. Special One-Day Liquor License for St. Therese Parish to be operated at St. Therese Parish, 901 North Tahoe Trail, for the Mexican Fiesta Parish Social Activity on February 12, 2011. 8. Special One-Day Liquor License for Avera McKennan, to be operated at the Avera Prairie Center, 1000 East 23rd Street, for a Chamber Mixer on February 10, 2011. REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT INTRODUCTION AND ADOPTION OF ORDINANCES 9. DEFERRED (from meeting of December 6, 2010) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 412 E. 12TH ST. FROM THE C-3, CENTRAL BUSINESS DISTRICT TO SUBAREA E OF THE BEADLE GREENWAY PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2010-09-02, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. 10. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 4200 S. SYCAMORE AVENUE FROM THE RA-1, RESIDENTIAL DISTRICT AND THE O, OFFICE DISTRICT TO THE EASTERN HILLS PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2010-11-04 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (Planning Commission recommends approval.) Set a date of hearing and 2nd Reading for Monday, January 10, 2011, at 7:00 p.m. for Item 11: 11. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY ADOPTING THE 2009 UNIFORM PLUMBING CODE AND AMENDMENTS THERETO. HEARINGS AND RESOLUTIONS 12. A RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SIOUX FALLS AND LOCAL 519 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES. 13. A RESOLUTION APPROVING THE 2011 AUDIT PLAN. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 14. REPORT OF THE DECEMBER 27, 2010, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. NEW BUSINESS/ITEMS ADDED AFTER DEADLINE The City Council may include such other business as may come before this body. ADJOURNMENT MEETING ASSISTANCE: UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE, CARNEGIE TOWN HALL, AT (605) 367-8081 (VOICE) OR (605) 367- 7039 (TDD) 24 HOURS IN ADVANCE OF THE MEETING. ADDRESSING THE COUNCIL: PERSONS ADDRESSING THE COUNCIL SHALL USE THE MICROPHONE AT THE PODIUM. PLEASE STATE YOUR NAME. PRESENTATIONS ARE LIMITED TO FIVE MINUTES. LIVE BROADCASTS OF COUNCIL MEETINGS ON CITYLINK 16: CITY COUNCIL MEETINGS AIR LIVE THE FIRST, SECOND, AND THIRD MONDAYS OF EACH MONTH AT 7:00 P.M. THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETINGS’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE. CLOSED CAPTIONING: CITY COUNCIL MEETINGS ARE CLOSE CAPTIONED ON CITYLINK 16. CITYLINK 16 REBROADCAST: CITY COUNCIL MEETINGS AT 10:00 A.M. ON WEDNESDAYS, 1:00 A.M. ON THURSDAYS, AND 7:00 P.M. ON SATURDAYS. JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AT 10:00 A.M. ON FIRST FRIDAY AFTER LIVE MEETING AND 1 P.M. ON FIRST SUNDAY AFTER LIVE MEETING.

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