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City Council Meeting

Regular Meeting

Sioux Falls, SD · May 16, 2011

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Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street MEETING OF Monday, May 16, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT 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 Council Member Greg Jamison Council Member Dean Karsky Mayor Mike T. Huether INVOCATION  Pastor Yisela Williams, Iglesia Nueva Esperanza PLEDGE OF ALLEGIANCE PROCLAMATIONS  Emergency Medical Services Week, May 15-21, 2011  National Public Works Week, May 15-21, 2011 RECOGNITION/AWARDS  2011 Historic Preservation Award - St. Joseph Cathedral  2011 Historic Preservation Award - Dale and Susan Becker CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, May 9, 2011, at 4:00 p.m.  City Council Meeting of Monday, May 9, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Catering America/Chef Dominique's Catering & Banquet Facility requesting permission to consume, but not sell, wine and/or malt beverages at The Old Courthouse Museum, 200 West 6th Street, on Saturday, June 4, 2011, from 5:00 p.m.-11:00 p.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 2. A communication was received from Siouxland Heritage Museums Alliance stating its intent to sell raffle tickets from June 9, 2011 until July 21, 2011, for one of ten, 8-10 pound pork loins (valued at approximately $20.00 each). Tickets will be $1.00 each. The proceeds are to be used to support the operations of the Siouxland Heritage Museums. Sponsor: SDCL 22-25-25 3. A communication was received from YWCA Sioux Falls stating its intent to conduct a raffle on June 9, 2011 for eight to ten baskets of various goods or certificates (valued at approximately $250.00 or less). Tickets will be sold for $10.00 each. The proceeds will be used for various youth programs, transportation costs and to replace an aging bus used by children of the YWCA. Sponsor: SDCL 22-25-25 NOTICE OF HEARINGS Set a date of hearing on Monday, June 6, 2011, at 7:00 p.m. for Items 4 through 12: 4. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Crystal Investment Corp, Black Diamond Casino, 5113 West 41st Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 5. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Italian Eatery of SD Inc., Unozoni, to be operated at 196 East 6th Street, #101, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 6. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Philanthropy Promotions Inc., J&L Harley Davidson, to be operated at 2601 West 60th Street North, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 7. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for The Ramkota Companies Inc., Best Western Ramkota Hotel, 3200 West Maple Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 8. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Vegas Mirage Inc., Chop Shoppe, to be operated at 3509 West 57th Street, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 9. New 2011-12 Package Malt Beverage South Dakota Farm Winery License for Grevco Inc., Shop ‘N Cart North, to be operated at 1029 North Minnesota Avenue, effective July 1, 2011 (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 10. Special One-Day Liquor License for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for an event for Volunteers of America on June 14, 2011. Sponsor: Mayor/Attorney 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Ovations Food Services LP, Sioux Falls Convention Center, to be operated at Falls Park on the west side near the picnic shelter, for the Volunteers of America National Conference Welcome Reception on June 11, 2011. Sponsor: Mayor/Attorney 12. Various Retail Malt Beverage and Package Malt Beverage License renewals for 2011-12 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to approve the Regular Agenda. Vote to approve: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. PUBLIC INPUT There was none. PETITIONS 13. APPEAL OF CONDITIONAL USE PERMIT (2010-07-02) IN THE I-1, LIGHT INDUSTRIAL DISTRICT TO ALLOW NON-FERROUS METAL RECYCLING AT 1305 E. 39TH STREET N. APPROVED AT THE APRIL 6, 2011 PLANNING COMMISSION MEETING WITH A VOTE OF 6-YES, 0- NO. Sponsor: Mayor/Planning & Building Services A motion was made by Council Member Greg Jamison and seconded by Council Member Vernon Brown to approve the Conditional Use Permit. A motion was made by Council Member Greg Jamison and seconded by Council Member Sue Aguilar to amend the main motion to have the gate and driveway entrance required to be wide enough to accommodate semi trailer tractors to avoid traffic conflict. Vote to amend: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Vote to approve the main motion, as amended: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. UNFINISHED BUSINESS 14. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Lida Investment Corp., Easy Dough Casino, to be operated at 2309 West 12th Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 15. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Main and Main LLC, Courtyard by Marriott, to be operated at 4300 West Empire Place, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 16. New 2011-12 Package Malt Beverage South Dakota Farm Winery License for Gas Barrel LLC, Gas Barrel, to be operated at 2500 West Madison Street, effective July 1, 2011 (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 17. Transfer of a 2011 Retail Liquor License from Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, 3800 South Louise Avenue #304, to Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, to be operated at 4001 West 41st Street, Suite 932, including Sunday Sales, on approximately October 1, 2011, or upon completion of construction (full service restaurant; CUP not required). Pending final inspections per Fire, Health, and Building Services. Sponsor: Mayor/Attorney 18. Transfer of a 2011 Retail Liquor License from Outback Midwest II LP, Outback Steakhouse #4210, 2411 South Carolyn Avenue, to Outback Steakhouse of Florida LLC, Outback Steakhouse #4210, to be operated at 2411 South Carolyn Avenue, including Sunday Sales (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 19. Special One-Day Liquor Licenses requests for Hy-Vee Inc., All Occasions by Hy-Vee, to be operated at the Delbridge Museum of Natural History, 805 South Kiwanis Avenue, for wedding receptions on July 9 and October 1, 2011. Sponsor: Mayor/Attorney 20. Special One-Day Liquor License requests for SMG, to be operated at the Orpheum Theater, 315 North Phillips Avenue, for wedding receptions on July 2 and September 23, 2011. Sponsor: Mayor/Attorney 21. Special One-Day Liquor License for TSK Inc., Stogeez, to be operated on Phillips Avenue Between 10th and 11th Streets, on July 30, 2011, for the Stogeez Steakout. Sponsor: Mayor/Attorney 22. Special One-Day Liquor License for SKK LLC, Copper Lounge, to be operated at the 1st Avenue Lot #1, 110 South Mall Avenue, on August 14, 2011, for the Summer Giveaway Party. Sponsor: Mayor/Attorney 23. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for various special events on June 4; July 9; and September 10, 17, and 24, 2011. Sponsor: Mayor/Attorney 24. Special One-Day Wine License for Senior Citizen Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Wine/Quilt Show on June 10, 2011. Sponsor: Mayor/Attorney 25. Amend request approved on 03/07/11 for a Special One-Day Malt Beverage and Wine License for the Sioux Falls Jazz & Blues Society for the Jazz & Brews Fundraiser to be held at Vern Eide Acura, 4030 South Grange Avenue, changing the date from June 16 to June 23, 2011. Sponsor: Mayor/Attorney 26. Various Retail Malt Beverage, Package Malt Beverage, and Package Malt Beverage South Dakota Farm Winery License renewals for 2011-12 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. Sponsor: Mayor/Attorney A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to approve Items 14 through 26 with one vote. Vote to approve: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE RECODIFICATION OF CITY ORDINANCES. (City Council $16,950.00) Sponsor: City Council/Anderson Jr. and Jamison A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adopt said Ordinance for Item 27. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS SD, BY AMENDING CHAPTER 5, ALCOHOLIC BEVERAGES. Sponsor: Mayor/Attorney A motion was made by Council Member Dean Karsky and seconded by Council Member Sue Aguilar to adopt said Ordinance for Item 28. A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to amend the main motion by changing $192,360 to $175,000. Vote to amend: Roll Call: Yeses, Sue Aguilar, James Entenman, Dean Karsky, 3. Noes, Rex Rolfing, Kenny Anderson Jr., Vernon Brown, Michelle Erpenbach, Greg Jamison, 5. Motion Failed. Vote to adopt, the main motion: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks and Recreation - $197,000). Sponsor: Mayor/Parks & Recreation A motion was made by Council Member Rex Rolfing and seconded by Council Member Dean Karsky to adopt said Ordinance for Item 29. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT PETITION NO. 2011-04-11 TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT E. 69TH ST. AND S. SOUTHEASTERN AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA REGULATIONS, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 708 S. SPRING AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2011-04-14 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, 0. Council Member Vernon Brown was excused from the meeting and the vote on this item. Motion Passed. Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 69TH ST. AND S. BAHNSON AVE. FROM THE RS-2, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL DISTRICT AND THE S, INSTITUTIONAL DISTRICT, PETITION NO. 2011- 04-01 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services A motion was made by Council Member Dean Karsky and seconded by Council Member Greg Jamison to set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 5800 E. ARROWHEAD PARKWAY FROM THE C, COMMERCIAL DISTRICT AND UNZONED PROPERTY TO SUBAREA B OF THE RED ROCK PARK PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2011-03-14 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services A motion was made by Council Member James Entenman and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 7. Noes, 0. Council Member Kenny Anderson Jr. was excused from the meeting and vote on this item. Motion Passed. Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. GRANGE AVE. AND W. VILLAGE DRIVE FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE RA-2, RESIDENTIAL DISTRICT AND THE C-4, PLANNED COMMERCIAL DISTRICT, PETITION NO. 2011-04-09 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Michelle Erpenbach to set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT W. 53RD ST. AND TRIBBEY TRAIL FROM THE RA-1, RESIDENTIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2011-04-13 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. Vote to set a date: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 36. A RESOLUTION AMENDING THE 2011-2015 CAPITAL PROGRAM. (Parks & Recreation $197,000.00). Sponsor: Mayor/Parks & Recreation A motion was made by Council Member Vernon Brown and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution for Item 36. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION AMENDING THE 2011-2015 CAPITAL PROGRAM. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD. That the 2011–2015 Capital Program shall be amended as follows: Parks and Recreation Amend Capital Improvements Project No. 189064, River Greenway Improvements, by increasing funding in 2011 by $157,000 for construction of river greenway improvements. This will require an increase in appropriations that will be funded by the Sales/Use Tax Fund via private donations. Funding will also be increased in 2011 for any and all interest earnings within the Big Sioux River Environmental Trust Fund until the fund is exhausted and has been closed. The project description will also be amended to include improvements from East Sixth Street to East Tenth Street. Amend the Capital Improvements Program by adding a new project, Veterans’ Park Paver Registry Kiosk, in 2011. The estimated cost is $10,000 for design and $30,000 for construction, totaling $40,000. This will require an increase in appropriations that will be funded by the Sales/Use Tax Fund via a donation from the Veterans’ Park Advisory Board. 37. A RESOLUTION CREATING SIOUX FALLS TAX INCREMENT DISTRICT NUMBER ELEVEN. (The Planning Commission recommends approval.) Sponsor: Mayor/Community Development A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to adopt said Resolution for Item 37. Vote to adopt: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION CREATING SIOUX FALLS TAX INCREMENT DISTRICT NUMBER ELEVEN. WHEREAS, the property within this district meets the qualifications and criteria set forth in SDCL 11-9; and WHEREAS, the City Council of the City of Sioux Falls finds that: 1) The aggregate assessed value of the taxable property in this district plus all other existing districts does not exceed 5 percent of the total assessed value of the taxable property in the City of Sioux Falls; 2) The project complies with the City’s adopted 2035 Growth Management Plan [Comprehensive Plan] and all other appropriate plans and regulations; 3) The improvements of the area are likely to enhance significantly the value of substantially all of the other real property in the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That all lands within the boundaries shown on Exhibit A—Tax Increment District Eleven shall be and are hereby designated as the Sioux Falls Tax Increment District Number Eleven, City of Sioux Falls 38. A RESOLUTION APPROVING THE PROJECT PLAN FOR SIOUX FALLS TAX INCREMENT DISTRICT ELEVEN. (The Planning Commission recommends approval.) Sponsor: Mayor/Community Development A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to approve said Resolution for Item 38. Vote to approve: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. A RESOLUTION APPROVING THE PROJECT PLAN FOR SIOUX FALLS TAX INCREMENT DISTRICT ELEVEN. WHEREAS, the City Planning Commission has prepared and adopted a project plan 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 City Tax Increment Project Plan is both economically feasible and in conformity with the Sioux Falls 2015 Growth Management Plan; and WHEREAS, it is anticipated that project costs, less the finance costs, in the plan will be expended prior to July 01, 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the Tax Increment Project Plan for Tax Increment District Number Eleven, is hereby approved. NEW BUSINESS Mayor Huether excused himself from the meeting at this time and Council Chair Jamison presided for the remainder of the meeting. 39. ELECTION OF CITY COUNCIL CHAIR Sponsor: City Council A motion was made by Council Member Greg Jamison and seconded by Council Member Dean Karsky to nominate Council Member Sue Aguilar for City Council Chair. Vote to nominate: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. 40. ELECTION OF CITY COUNCIL VICE-CHAIR Sponsor: City Council A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to nominate Council Member Michelle Erpenbach for Council Vice-Chair. Vote to nominate: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. ADJOURNMENT A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Sue Aguilar to adjourn at 8:56 p.m. Vote to adjourn: Roll Call: Yeses, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, 8. Noes, 0. Motion Passed. Denise D. Tucker, 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 MEETING OF Monday, May 16, 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 Dean Karsky Council Member Rex Rolfing Mayor Mike T. Huether INVOCATION ● Pastor Yisela Williams, Iglesia Nueva Esperanza PLEDGE OF ALLEGIANCE PROCLAMATIONS ● Emergency Medical Services Week, May 15-21, 2011 ● National Public Works Week, May 15-21, 2011 RECOGNITION/AWARDS ● 2011 Historic Preservation Award - St. Joseph Cathedral ● 2011 Historic Preservation Award - Dale and Susan Becker CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Monday, May 9, 2011, at 4:00 p.m. ● City Council Meeting of Monday, May 9, 2011, at 7:00 p.m. COMMUNICATIONS 1. A communication was received from Catering America/Chef Dominique's Catering & Banquet Facility requesting permission to consume, but not sell, wine and/or malt beverages at The Old Courthouse Museum, 200 West 6th Street, on Saturday, June 4, 2011, from 5:00 p.m.-11:00 p.m., for a wedding reception. Sponsor: SDCL 35-1-5.3 2. A communication was received from Siouxland Heritage Museums Alliance stating its intent to sell raffle tickets from June 9, 2011 until July 21, 2011, for one of ten, 8-10 pound pork loins (valued at approximately $20.00 each). Tickets will be $1.00 each. The proceeds are to be used to support the operations of the Siouxland Heritage Museums. Sponsor: SDCL 22-25-25 3. A communication was received from YWCA Sioux Falls stating its intent to conduct a raffle on June 9, 2011 for eight to ten baskets of various goods or certificates (valued at approximately $250.00 or less). Tickets will be sold for $10.00 each. The proceeds will be used for various youth programs, transportation costs and to replace an aging bus used by children of the YWCA. Sponsor: SDCL 22-25-25 NOTICE OF HEARINGS Set a date of hearing on Monday, June 6, 2011, at 7:00 p.m. for Items 4 through 12: 4. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Crystal Investment Corp, Black Diamond Casino, 5113 West 41st Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 5. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Italian Eatery of SD Inc., Unozoni, to be operated at 196 East 6th Street, #101, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 6. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Philanthropy Promotions Inc., J&L Harley Davidson, to be operated at 2601 West 60th Street North, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 7. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for The Ramkota Companies Inc., Best Western Ramkota Hotel, 3200 West Maple Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 8. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Vegas Mirage Inc., Chop Shoppe, to be operated at 3509 West 57th Street, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 9. New 2011-12 Package Malt Beverage South Dakota Farm Winery License for Grevco Inc., Shop ‘N Cart North, to be operated at 1029 North Minnesota Avenue, effective July 1, 2011 (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 10. Special One-Day Liquor License for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for an event for Volunteers of America on June 14, 2011. Sponsor: Mayor/Attorney 11. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Ovations Food Services LP, Sioux Falls Convention Center, to be operated at Falls Park on the west side near the picnic shelter, for the Volunteers of America National Conference Welcome Reception on June 11, 2011. Sponsor: Mayor/Attorney 12. Various Retail Malt Beverage and Package Malt Beverage License renewals for 2011-12 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit B. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF REGULAR AGENDA PUBLIC INPUT PETITIONS 13. APPEAL OF CONDITIONAL USE PERMIT (2010-07-02) IN THE I-1, LIGHT INDUSTRIAL DISTRICT TO ALLOW NON-FERROUS METAL RECYCLING AT 1305 E. 39TH STREET N. APPROVED AT THE APRIL 6, 2011 PLANNING COMMISSION MEETING WITH A VOTE OF 6-YES, 0-NO. Sponsor: Mayor/Planning & Building Services UNFINISHED BUSINESS 14. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Lida Investment Corp., Easy Dough Casino, to be operated at 2309 West 12th Street, including video lottery terminals, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 15. New 2011-12 Retail Malt Beverage South Dakota Farm Winery License for Main and Main LLC, Courtyard by Marriott, to be operated at 4300 West Empire Place, effective July 1, 2011 (previously licensed as Retail Malt Beverage). Sponsor: Mayor/Attorney 16. New 2011-12 Package Malt Beverage South Dakota Farm Winery License for Gas Barrel LLC, Gas Barrel, to be operated at 2500 West Madison Street, effective July 1, 2011 (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 17. Transfer of a 2011 Retail Liquor License from Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, 3800 South Louise Avenue #304, to Porter Apple Company Inc., Applebee’s Neighborhood Grill & Bar, to be operated at 4001 West 41st Street, Suite 932, including Sunday Sales, on approximately October 1, 2011, or upon completion of construction (full service restaurant; CUP not required). Pending final inspections per Fire, Health, and Building Services. Sponsor: Mayor/Attorney 18. Transfer of a 2011 Retail Liquor License from Outback Midwest II LP, Outback Steakhouse #4210, 2411 South Carolyn Avenue, to Outback Steakhouse of Florida LLC, Outback Steakhouse #4210, to be operated at 2411 South Carolyn Avenue, including Sunday Sales (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 19. Special One-Day Liquor Licenses requests for Hy-Vee Inc., All Occasions by Hy- Vee, to be operated at the Delbridge Museum of Natural History, 805 South Kiwanis Avenue, for wedding receptions on July 9 and October 1, 2011. Sponsor: Mayor/Attorney 20. Special One-Day Liquor License requests for SMG, to be operated at the Orpheum Theater, 315 North Phillips Avenue, for wedding receptions on July 2 and September 23, 2011. Sponsor: Mayor/Attorney 21. Special One-Day Liquor License for TSK Inc., Stogeez, to be operated on Phillips Avenue Between 10th and 11th Streets, on July 30, 2011, for the Stogeez Steakout. Sponsor: Mayor/Attorney 22. Special One-Day Liquor License for SKK LLC, Copper Lounge, to be operated at the 1st Avenue Lot #1, 110 South Mall Avenue, on August 14, 2011, for the Summer Giveaway Party. Sponsor: Mayor/Attorney 23. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for various special events on June 4; July 9; and September 10, 17, and 24, 2011. Sponsor: Mayor/Attorney 24. Special One-Day Wine License for Senior Citizen Services Inc., to be operated at Active Generations, 2300 West 46th Street, for the Wine/Quilt Show on June 10, 2011. Sponsor: Mayor/Attorney 25. Amend request approved on 03/07/11 for a Special One-Day Malt Beverage and Wine License for the Sioux Falls Jazz & Blues Society for the Jazz & Brews Fundraiser to be held at Vern Eide Acura, 4030 South Grange Avenue, changing the date from June 16 to June 23, 2011. Sponsor: Mayor/Attorney 26. Various Retail Malt Beverage, Package Malt Beverage, and Package Malt Beverage South Dakota Farm Winery License renewals for 2011-12 to be operated at various locations in the City of Sioux Falls, SD, identified as Exhibit A. Sponsor: Mayor/Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS FOR THE RECODIFICATION OF CITY ORDINANCES. (City Council - $16,950). Sponsor: City Council/Anderson Jr. and Jamison 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY OF SIOUX FALLS SD, BY AMENDING CHAPTER 5, ALCOHOLIC BEVERAGES. Sponsor: Mayor/Attorney 29. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING SUPPLEMENTAL APPROPRIATIONS. (Parks and Recreation - $197,000). Sponsor: Mayor/Parks & Recreation Set a date of hearing and 2nd Reading for Monday, June 6, 2011, at 7:00 p.m. for Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, A MAJOR AMENDMENT PETITION NO. 2011-04-11 TO CHAPTER 15.45.070, PLANNED DEVELOPMENT DISTRICTS, AT E. 69TH ST. AND S. SOUTHEASTERN AVE. ALLOWING CHANGES IN LAND USE AS REFLECTED IN THE REVISED SUBAREA REGULATIONS, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services Set a date of hearing and 2nd Reading Monday, June 6, 2011, at 7:00 p.m. for Item 31: 31. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 708 S. SPRING AVE. FROM THE RD, RESIDENTIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2011-04-14 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services Set a date of hearing and 2nd Reading Monday, June 6, 2011, at 7:00 p.m. for Item 32: 32. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT E. 69TH ST. AND S. BAHNSON AVE. FROM THE RS-2, RESIDENTIAL DISTRICT TO THE RA-1, RESIDENTIAL DISTRICT AND THE S, INSTITUTIONAL DISTRICT, PETITION NO. 2011- 04-01 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services Set a date of hearing and 2nd Reading Monday, June 6, 2011, at 7:00 p.m. for Item 33: 33. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 5800 E. ARROWHEAD PARKWAY FROM THE C, COMMERCIAL DISTRICT AND UNZONED PROPERTY TO SUBAREA B OF THE RED ROCK PARK PLANNED DEVELOPMENT DISTRICT, PETITION NO. 2011-03-14 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services Set a date of hearing and 2nd Reading Monday, June 6, 2011, at 7:00 p.m. for Item 34: 34. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT S. GRANGE AVE. AND W. VILLAGE DRIVE FROM THE I-1, LIGHT INDUSTRIAL DISTRICT TO THE RA-2, RESIDENTIAL DISTRICT AND THE C-4, PLANNED COMMERCIAL DISTRICT, PETITION NO. 2011-04-09 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services Set a date of hearing and 2nd Reading Monday, June 6, 2011, at 7:00 p.m. for Item 35: 35. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT W. 53RD ST. AND TRIBBEY TRAIL FROM THE RA-1, RESIDENTIAL DISTRICT TO THE RD, RESIDENTIAL DISTRICT, PETITION NO. 2011-04-13 AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning & Building Services HEARINGS AND RESOLUTIONS 36. A RESOLUTION AMENDING THE 2011-2015 CAPITAL PROGRAM. (Parks & Recreation $197,000.00). Sponsor: Mayor/Parks & Recreation 37. A RESOLUTION CREATING SIOUX FALLS TAX INCREMENT DISTRICT NUMBER ELEVEN. (The Planning Commission recommends approval.) Sponsor: Mayor/Community Development 38. A RESOLUTION APPROVING THE PROJECT PLAN FOR SIOUX FALLS TAX INCREMENT DISTRICT ELEVEN. (The Planning Commission recommends approval.) Sponsor: Mayor/Community Development NEW BUSINESS 39. ELECTION OF CITY COUNCIL CHAIR Sponsor: City Council 40. ELECTION OF CITY COUNCIL VICE-CHAIR Sponsor: City Council The City Council may include other such 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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