City Council Meeting
Regular MeetingSioux Falls, SD · May 16, 2011
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
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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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