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City Council Meeting

Regular Meeting

Sioux Falls, SD · July 5, 2011

AgendaMinutesVideo Recording

Minutes

City of Sioux Falls Council Meeting Minutes Carnegie Town Hall, 235 West 10th Street REGULAR MEETING OF Tuesday, July 5, 2011, at 7:00 PM ROLL CALL MEMBERS PRESENT/ABSENT OFFICIAL AGENDA PRESENT ABSENT Council Member James Entenman Council Member Michelle Erpenbach Council Member Greg Jamison Council Member Dean Karsky Council Member Rex Rolfing Council Member Sue Aguilar Council Member Kenny Anderson Jr. Council Member Vernon Brown Mayor Mike T. Huether INVOCATION  Pastor Val Putnam, Westminster Presbyterian Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to approve the Consent Agenda. Vote to approve: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. MINUTES  Informational Meeting of Monday, June 20, 2011, at 4:00 p.m.  City Council Meeting of Monday, June 20, 2011, at 7:00 p.m.  Informational Meeting of Monday, June 27, 2011, at 4:00 p.m. COMMUNICATIONS 1. A communication was received from The Great Plan Zoo and Delbridge Museum of Natural History requesting permission to consume, but not sell, liquor, wine and/or malt beverages at The Great Plan Zoo and Delbridge Museum of Natural History, 805 S. Kiwanis Ave., on Tuesday, July 12, 2011, from 5:00 p.m. to 7:00 p.m. for the purpose of a Chamber Mixer. Sponsor: SDCL 35-1-5.3 2. A communication was received from the Law Offices of Lynn, Jackson, Shultz & LeBrun, P.C., stating their intent to sell raffle tickets on Friday, August 5, 2011, for a prize not to exceed $2,000.00. Tickets will be $10.00 each or three tickets for $20.00. The proceeds will be used for a scholarship for the new Advertising Degree program at South Dakota State University. Sponsor: SDCL 22-25-25 3. A communication was received from Melissa Van Hee requesting permission to consume, but not sell, wine, beer and alcoholic beverages, at The Old Courthouse Museum, 200 West Sixth Street, on Saturday, October 15, 2011, from 5:00 p.m. to 7:30 p.m. for the purpose of a wedding reception. Sponsor: SDCL35-1-5.3 4. A memorandum was received on June 10, 2011, declaring a surplus on capital items that will be traded in for another. Sponsor: Mayor/Finance NOTICE OF HEARINGS Set a date of hearing on Monday, July 18, 2011, at 7:00 p.m. for Items 5 through 13: 5. New 2011-12 Retail Malt Beverage License for F&H Repair Service Inc., Faini Designs Jewelry Studio, to be operated at 6203 South Old Village Place, with the Conditional Use Permit (2011-05-01) being approved on 06-01-11. Sponsor: Mayor/Attorney 6. New 2011 Retail Wine License for F&H Repair Service Inc., Faini Designs Jewelry Studio, to be operated at 6203 South Old Village Place, with the Conditional Use Permit (2011-05-01) being approved on 06-01-11. Sponsor: Mayor/Attorney 7. New 2011-12 Retail Malt Beverage License for Larry Michael Lang, Michael’s Steakhouse of Dodge City, to be operated at 2501 West Russell Street (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 8. New 2011 Retail Wine License for Larry Michael Lang, Michael’s Steakhouse of Dodge City, to be operated at 2501 West Russell Street (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 9. Special One-Day Liquor License for Downtown Sioux Falls to be operated at Falls Park West, on Phillips Avenue from 5th Street north to 2nd Street, for Downtown LIVE on August 20, 2011. Sponsor: Mayor/Attorney 10. Special One-Day Liquor License for Southeastern Behavioral Healthcare to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the Festival of Trees on November 18, 2011. Sponsor: Mayor/Attorney 11. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for various special events on August 26, September 20, October 14 and 15, November 19, and December 10, 2011. Sponsor: Mayor/Attorney 12. Special One-Day Liquor License for SMG to be operated at the Orpheum Theater, 315 North Phillips Avenue, for a wedding reception on August 13, 2011. Sponsor: Mayor/Attorney 13. Special One-Day Off-Sale Package Wine License for the Sioux Falls Jazz & Blues Society to be operated at the Sioux Falls Convention Center, 1211 North West Avenue, for the Expo for Her on October 14-15, 2011. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to approve the Regular Agenda. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to amend the Regular Agenda by deferring Item 25 to the meeting of Monday, July 18, 2011, at 7:00 p.m. Vote to amend: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. Vote to approve, as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. PUBLIC INPUT Scott Ehrisman spoke about the proposed Events Center, a parking ramp, an indoor pool, and city salary listing. Allen Newman spoke about selling second hand goods. George Hahn spoke about selling second hand goods. Roger Elgersma spoke about stolen property and second hand goods. UNFINISHED BUSINESS 14. DEFERRED (from the meeting of 06-20-11): Renewal of the 2011-12 Package Malt Beverage License for Bauer Enterprises LLC, Pump ‘N Pak, to be operated at 5108 North Cliff Avenue, with the Security Management Plan submitted for an underage sales violation in 2010. Sponsor: Mayor/Attorney A motion was made by Council Member Dean Karsky and seconded by Council Member James Entenman to approve Item 14. Vote to approve: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. 15. DEFERRED (from the meeting of 06-20-11): Renewal of the 2011-12 Package Malt Beverage License for Walgreen Co., Walgreen’s #05242, to be operated at 4900 South Cliff Avenue, with the Security Management Plan submitted for an underage sales violation in 2011. Sponsor: Mayor/Attorney A motion was made by Council Member James Entenman and seconded by Council Member Kenny Anderson Jr. to approve Item 15. Vote to approve: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. 16. New 2011-12 Retail Malt Beverage License for RS Double H LLC, Chedd’s Gourmet Grilled Cheese, to be operated at 323 South Phillips Avenue, Suite 102, with the Conditional Use Permit (2011-03-15) being approved on 05-04-11. Sponsor: Mayor/Attorney 17. New 2011-12 Package Malt Beverage/South Dakota Farm Winery License for Andy’s Affiliated Foods Inc., Andy’s Affiliated Foods, to be operated at 1025 South Cleveland Avenue (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 18. Renewal of the 2011-12 Retail Malt Beverage License for Golden Bowl Corporation, Golden Bowl, to be operated at 2600 South Spring Avenue. Sponsor: Mayor/Attorney 19. Special One-Day Liquor License for SMG to be operated at the Orpheum Theater, 315 North Phillips Avenue, for a wedding reception on July 30, 2011. Sponsor: Mayor/Attorney 20. Special One-Day Liquor License for Ovations Food Services LP, to be operated at the Sioux Falls Baseball Stadium, 1001 North West Avenue, in the Tiki Bar and Suites, for the KRRO-Fest on July 15, 2011. Sponsor: Mayor/Attorney 21. Special One-Day Liquor License for Washington Pavilion Management Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for the WHS Class of 1971 Reunion on July 16, 2011. Sponsor: Mayor/Attorney 22. Special One-Day Liquor License for Prairie Pasta Inc., Johnny’s Carino’s, to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a wedding reception on October 15, 2011. Sponsor: Mayor/Attorney 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Almost Home Canine Rescue to be operated at the 8th & Railroad Center, 401 East 8th Street, in the boardwalk and parking lot, for the 605 Summer Classic on August 6, 2011. Sponsor: Mayor/Attorney 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls to be operated at the Coliseum, 515 North Main Avenue, for RollerDollz Competitions to be held on July 23, September 10, October 15, and November 5, 2011. Sponsor: Mayor/Attorney A motion was made by Council Member James Entenman and seconded by Council Member Dean Karsky to approve Items 16 through 24. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Rex Rolfing to amend the main motion by considering Item 21 separately from this vote. Vote to amend: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Rex Rolfing to amend the main motion by considering Item 24 separately from this vote. Vote to amend: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. Vote to approve the main motion, as amended: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A motion was made by Council Member Vernon Brown and seconded by Council Member Kenny Anderson Jr. to approve Item 21. Vote to approve Item 21: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Kenny Anderson Jr., Vernon Brown, 7. Noes, 0. Sue Aguilar was excused from the meeting and the vote on this item. Motion Passed. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Dean Karsky to approve Item 24. Vote to approve Item 24: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Vernon Brown, 7. Noes, 0. Kenny Anderson Jr. was excused from the meeting and the vote on this item. Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 25. DEFFERRED (from meeting of June 13, 2011) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING CHAPTER 22 OF THE REVISED ORDINANCES OF THE CITY AND AMENDING CHAPTERS 23 AND 28 OF THE REVISED ORDINANCES OF THE CITY BY INCLUDING SECONDHAND GOODS DEALERS AND GUN DEALERS AND DEALERS IN PRECIOUS METALS OR PRECIOUS GEMS. Sponsor: Mayor/Police Action on Item 25 was taken at approval of Regular Agenda. 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REPEALING THE THREE YEAR EXPIRATION FOR RESIDENTIAL RENTAL UNIT REGISTRATIONS. Sponsor: City Council/Aguilar and Anderson, Jr. A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to adopt said Ordinance for Item 26. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY CHARGING A REPLACEMENT FEE FOR RELOADABLE FARE CARDS FOR TRANSIT. Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Sue Aguilar and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance for Item 27. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3801 W. 41ST ST. FROM THE C-4, PLANNED COMMERCIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2011-05-07, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services A motion was made by Council Member Greg Jamison and seconded by Council Member Kenny Anderson Jr. to adopt said Ordinance for Item 28. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, July 11, 2011, at 7:00 p.m. on Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 2, ARTICLE II, OF CITY COUNCIL ORGANIZATION AND PROCEDURE. Sponsor: City Council/Aguilar and Brown 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, July 11, 2011, at 7:00 p.m. on Item 29. Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. Set a date of hearing and 2nd Reading for Monday, July 11, 2011, at 7:00 p.m. on Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING THE DUE PROCESS REQUIREMENTS FOUND IN ARTICLE VI, ADMINISTRATIVE APPEALS, OF CHAPTER 2. Sponsor: City Council/Aguilar and Brown A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Sue Aguilar to set a date of hearing and 2nd Reading for Monday, July 11, 2011, at 7:00 p.m. on Item 30. Vote to set a date: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. HEARINGS AND RESOLUTIONS 31. DEFERRED (from the meeting of June 13, 2011): A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member James Entenman to adopt said Resolution for Item 31. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a frontage assessment upon each and every lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls for the purpose of creating a fund to be used in maintaining, planting, and otherwise improving and caring for the center parkways and boulevard on 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls. Section 2. There shall be an assessment against each lot, tract, and parcel of land abutting and fronting upon 21st St. from Phillips Ave. to Seventh Ave. in the city of Sioux Falls, the sum of eighty-five cents ($.85) per front foot for the year 2012. Section 3. That the City Clerk’s Office shall certify such frontage assessments to the County Auditor of Minnehaha County, South Dakota, and the same shall be collected in and as municipal taxes for general purposes. 32. DEFERRED (from the meeting of June 13, 2011): A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. Sponsor: Mayor/Public Works A motion was made by Council Member Rex Rolfing and seconded by Council Member Kenny Anderson Jr. to adopt said Resolution for Item 32. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. It is necessary to levy and there shall be levied a special front foot assessment fee upon each lot, tract, and parcel of land fronting upon every street and part thereof, within the city of Sioux Falls, to be used to maintain and repair street surfacing or pavement. Section 2. There is hereby assessed against each and every lot, tract, and parcel of land fronting upon every street or part thereof, one dollar ($1.00) per front foot for the year 2012, which shall be apportioned as the assessment for maintaining of street surfacing or pavement. Front foot, for the purposes of this resolution, means the actual front of the premises as established by the buildings thereon, record title, and use of the property regardless of the original plat. Section 3. The City Clerk shall certify such special front foot assessment fees to the County Auditors of Minnehaha and Lincoln Counties, SD, and the same shall be collected as municipal taxes for general purposes. Section 4. This resolution is necessary for the immediate support of the municipal government and its existing public institutions and shall take effect upon its passage and publication. 33. A RESOLUTION FINDING THAT THE MCCART FIELD PARK CONCEPT INVOLVING FIELD 9 FOR APPROXIMATELY 300 PARKING STALLS DOES CONSTITUTE A PARK PURPOSE. Sponsor: Mayor/Parks and Recreation A motion was made by Council Member Kenny Anderson Jr. and seconded by Council Member Dean Karsky to adopt said Resolution for Item 33. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A RESOLUTION FINDING THAT THE MCCART FIELD PARK CONCEPT INVOLVING FIELD 9 FOR APPROXIMATELY 300 PARKING STALLS DOES CONSTITUTE A PARK PURPOSE. WHEREAS, the City Council adopted Ordinance 16-79 which dedicated “McCart Fields Park” to Parks and Recreation as property for park use and purpose; WHEREAS, on June 1, 2011, Mayor Mike Huether sent a letter to the chair of the Parks and Recreation Board asking whether the McCart field parking concept involving Field 9 for approximately 300 parking stalls (attached hereto and made a part of this agreement) constitutes a park purpose pursuant to SDCL 9-38-35; WHEREAS, SDCL 9-38-35 prohibits any structure from being erected within any park unless it is for a park purpose; WHEREAS, the Parks and Recreation Board met on June 21, 2011, to consider whether the proposed park concept would be beneficial and consistent with park usage; WHEREAS, the Parks and Recreation Board made a finding that if a ten-field complex was built today, there would be 500 parking stalls to serve the needs of the patrons; and WHEREAS, the Parks and Recreation Board unanimously recommended approval that the parking concept submitted was an appropriate parkland purpose; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the McCart field parking concept involving Field 9 for approximately 300 parking stalls constitutes an appropriate park purpose pursuant to SDCL 9-38-35. 34. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZENS BOARDS. Sponsor: City Council/Aguilar and Erpenbach A motion was made by Council Member Michelle Erpenbach and seconded by Council Member James Entenman to adopt said Resolution for Item 34. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following City Council appointments: Name Board Term Kenny Anderson Jr. SECOG Appointed for a term from August 2011 until August 2012. Vernon Brown SECOG Appointed for a term from August 2011 until August 2012. Sue Aguilar SECOG Appointed for a term from August 2011 until August 2012, as an alternate. Kenny Anderson Jr. UDC Appointed for a term from August 2011 until August 2012. Greg Jamison UDC Appointed for a term from August 2011 until August 2012. Dean Karsky UDC Appointed for a term from August 2011 until August 2012. Rex Rolfing UDC Appointed for a term from August 2011 until August 2012. Michelle Erpenbach UDC Appointed for a term from August 2011 until August 2012, and Debra Owen as alternates. 35. A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. Sponsor: City Council/Aguilar and Erpenbach A motion was made by Council Member Sue Aguilar and seconded by Council Member Michelle Erpenbach to adopt said Resolution for Item 35. Vote to adopt: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 8. Noes, 0. Motion Passed. A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the following persons are hereby appointed as members of the Districting Commission created by Section 6.02 of the City Charter. The appointments are effective until the adoption of a districting plan pursuant to the charter. Name Party Affiliation District Andy Traub Republican Central Ann Reeve Randall Democrat Northeast Rick W. Knobe Republican Northwest Mary Helen Glenski Democrat Southeast Lynne Keller Forbes Republican Southwest 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) 36. REPORT OF THE JUNE 27, 2011, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance The City Council may include other such business as may come before this body. ADJOURNMENT A motion was made by Council Member Michelle Erpenbach and seconded by Council Member Greg Jamison to adjourn at 8:35 p.m. Vote to adjourn: Roll Call: Yeses, James Entenman, Michelle Erpenbach, Greg Jamison, Dean Karsky, Rex Rolfing, Sue Aguilar, Kenny Anderson Jr., Vernon Brown, 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 Tuesday, July 5, 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 Val Putnam, Westminster Presbyterian Church PLEDGE OF ALLEGIANCE CONSENT AGENDA ITEMS APPROVAL OF CONSENT AGENDA MINUTES ● Informational Meeting of Monday, June 20, 2011, at 4:00 p.m. ● City Council Meeting of Monday, June 20, 2011, at 7:00 p.m. ● Informational Meeting of Monday, June 27, 2011, at 4:00 p.m. COMMUNICATIONS 1. A communication was received from The Great Plan Zoo and Delbridge Museum of Natural History requesting permission to consume, but not sell, liquor, wine and/or malt beverages at The Great Plan Zoo and Delbridge Museum of Natural History, 805 S. Kiwanis Ave., on Tuesday, July 12, 2011, from 5:00 p.m. to 7:00 p.m. for the purpose of a Chamber Mixer. Sponsor: SDCL 35-1-5.3 2. A communication was received from the Law Offices of Lynn, Jackson, Shultz & LeBrun, P.C., stating their intent to sell raffle tickets on Friday, August 5, 2011, for a prize not to exceed $2,000.00. Tickets will be $10.00 each or three tickets for $20.00. The proceeds will be used for a scholarship for the new Advertising Degree program at South Dakota State University. Sponsor: SDCL 22-25-25 3. A communication was received from Melissa Van Hee requesting permission to consume, but not sell, wine, beer and alcoholic beverages, at The Old Courthouse Museum, 200 West Sixth Street, on Saturday, October 15, 2011, from 5:00 p.m. to 7:30 p.m. for the purpose of a wedding reception. Sponsor: SDCL35-1-5.3 4. A memorandum was received on June 10, 2011, declaring a surplus on capital items that will be traded in for another. Sponsor: Mayor/Finance NOTICE OF HEARINGS Set a date of hearing on Monday, July 18, 2011, at 7:00 p.m. for Items 5 through 13: 5. New 2011-12 Retail Malt Beverage License for F&H Repair Service Inc., Faini Designs Jewelry Studio, to be operated at 6203 South Old Village Place, with the Conditional Use Permit (2011-05-01) being approved on 06-01-11. Sponsor: Mayor/Attorney 6. New 2011 Retail Wine License for F&H Repair Service Inc., Faini Designs Jewelry Studio, to be operated at 6203 South Old Village Place, with the Conditional Use Permit (2011-05-01) being approved on 06-01-11. Sponsor: Mayor/Attorney 7. New 2011-12 Retail Malt Beverage License for Larry Michael Lang, Michael’s Steakhouse of Dodge City, to be operated at 2501 West Russell Street (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 8. New 2011 Retail Wine License for Larry Michael Lang, Michael’s Steakhouse of Dodge City, to be operated at 2501 West Russell Street (full service restaurant; CUP not required). Sponsor: Mayor/Attorney 9. Special One-Day Liquor License for Downtown Sioux Falls to be operated at Falls Park West, on Phillips Avenue from 5th Street north to 2nd Street, for Downtown LIVE on August 20, 2011. Sponsor: Mayor/Attorney 10. Special One-Day Liquor License for Southeastern Behavioral Healthcare to be operated at the Avera Prairie Center, 1000 East 23rd Street, for the Festival of Trees on November 18, 2011. Sponsor: Mayor/Attorney 11. Special One-Day Liquor License requests for Washington Pavilion Management Inc., Washington Pavilion, 301 South Main Avenue, for various special events on August 26, September 20, October 14 and 15, November 19, and December 10, 2011. Sponsor: Mayor/Attorney 12. Special One-Day Liquor License for SMG to be operated at the Orpheum Theater, 315 North Phillips Avenue, for a wedding reception on August 13, 2011. Sponsor: Mayor/Attorney 13. Special One-Day Off-Sale Package Wine License for the Sioux Falls Jazz & Blues Society to be operated at the Sioux Falls Convention Center, 1211 North West Avenue, for the Expo for Her on October 14-15, 2011. Sponsor: Mayor/Attorney REGULAR AGENDA ITEMS PUBLIC INPUT UNFINISHED BUSINESS 14. DEFERRED (from the meeting of 06-20-11): Renewal of the 2011-12 Package Malt Beverage License for Bauer Enterprises LLC, Pump ‘N Pak, to be operated at 5108 North Cliff Avenue, with the Security Management Plan submitted for an underage sales violation in 2010. Sponsor: Mayor/Attorney 15. DEFERRED (from the meeting of 06-20-11): Renewal of the 2011-12 Package Malt Beverage License for Walgreen Co., Walgreen’s #05242, to be operated at 4900 South Cliff Avenue, with the Security Management Plan submitted for an underage sales violation in 2011. Sponsor: Mayor/Attorney 16. New 2011-12 Retail Malt Beverage License for RS Double H LLC, Chedd’s Gourmet Grilled Cheese, to be operated at 323 South Phillips Avenue, Suite 102, with the Conditional Use Permit (2011-03-15) being approved on 05-04-11. Sponsor: Mayor/Attorney 17. New 2011-12 Package Malt Beverage/South Dakota Farm Winery License for Andy’s Affiliated Foods Inc., Andy’s Affiliated Foods, to be operated at 1025 South Cleveland Avenue (previously licensed as Package Malt Beverage). Sponsor: Mayor/Attorney 18. Renewal of the 2011-12 Retail Malt Beverage License for Golden Bowl Corporation, Golden Bowl, to be operated at 2600 South Spring Avenue. Sponsor: Mayor/Attorney 19. Special One-Day Liquor License for SMG to be operated at the Orpheum Theater, 315 North Phillips Avenue, for a wedding reception on July 30, 2011. Sponsor: Mayor/Attorney 20. Special One-Day Liquor License for Ovations Food Services LP, to be operated at the Sioux Falls Baseball Stadium, 1001 North West Avenue, in the Tiki Bar and Suites, for the KRRO-Fest on July 15, 2011. Sponsor: Mayor/Attorney 21. Special One-Day Liquor License for Washington Pavilion Management Inc., Washington Pavilion of Arts & Science, 301 South Main Avenue, for the WHS Class of 1971 Reunion on July 16, 2011. Sponsor: Mayor/Attorney 22. Special One-Day Liquor License for Prairie Pasta Inc., Johnny’s Carino’s, to be operated at the Old Courthouse Museum, 200 West Sixth Street, for a wedding reception on October 15, 2011. Sponsor: Mayor/Attorney 23. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Almost Home Canine Rescue to be operated at the 8th & Railroad Center, 401 East 8th Street, in the boardwalk and parking lot, for the 605 Summer Classic on August 6, 2011. Sponsor: Mayor/Attorney 24. Special One-Day Malt Beverage and Special One-Day Wine Licenses for the Multi-Cultural Center of Sioux Falls to be operated at the Coliseum, 515 North Main Avenue, for RollerDollz Competitions to be held on July 23, September 10, October 15, and November 5, 2011. Sponsor: Mayor/Attorney INTRODUCTION AND ADOPTION OF ORDINANCES 25. DEFFERRED (from meeting of June 13, 2011) 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING CHAPTER 22 OF THE REVISED ORDINANCES OF THE CITY AND AMENDING CHAPTERS 23 AND 28 OF THE REVISED ORDINANCES OF THE CITY BY INCLUDING SECONDHAND GOODS DEALERS AND GUN DEALERS AND DEALERS IN PRECIOUS METALS OR PRECIOUS GEMS. Sponsor: Mayor/Police 26. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REPEALING THE THREE YEAR EXPIRATION FOR RESIDENTIAL RENTAL UNIT REGISTRATIONS. Sponsor: City Council/Aguilar and Anderson, Jr. 27. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY CHARGING A REPLACEMENT FEE FOR RELOADABLE FARE CARDS FOR TRANSIT. Sponsor: Mayor/Planning and Building Services 28. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY AT 3801 W. 41ST ST. FROM THE C-4, PLANNED COMMERCIAL DISTRICT TO THE C-2, GENERAL COMMERCIAL DISTRICT, PETITION NO. 2011-05-07, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. (The Planning Commission recommends approval.) Sponsor: Mayor/Planning and Building Services Set a date of hearing and 2nd Reading for Monday, July 11, 2011, at 7:00 p.m. on Item 29: 29. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY AMENDING CHAPTER 2, ARTICLE II, OF CITY COUNCIL ORGANIZATION AND PROCEDURE. Sponsor: City Council/Aguilar and Brown Set a date of hearing and 2nd Reading for Monday, July 11, 2011, at 7:00 p.m. on Item 30: 30. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE REVISED ORDINANCES OF THE CITY BY REVISING THE DUE PROCESS REQUIREMENTS FOUND IN ARTICLE VI, ADMINISTRATIVE APPEALS, OF CHAPTER 2. Sponsor: City Council/Aguilar and Brown HEARINGS AND RESOLUTIONS 31. DEFERRED (from the meeting of June 13, 2011): A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A FRONTAGE ASSESSMENT AGAINST THE LOTS, TRACTS, AND PARCELS OF LAND FRONTING AND ABUTTING UPON 21ST ST. FROM PHILLIPS AVE. TO SEVENTH AVE. IN THE CITY OF SIOUX FALLS FOR THE PURPOSE OF MAINTAINING, PLANTING, AND OTHERWISE IMPROVING AND CARING FOR THE CENTER PARKWAYS AND BOULEVARD THEREON. Sponsor: Mayor/Parks and Recreation 32. DEFERRED (from the meeting of June 13, 2011): A RESOLUTION DECLARING IT NECESSARY TO LEVY AND LEVYING A SPECIAL FRONT FOOT ASSESSMENT FEE FOR STREET MAINTENANCE AND REPAIR. Sponsor: Mayor/Public Works 33. A RESOLUTION FINDING THAT THE MCCART FIELD PARK CONCEPT INVOLVING FIELD 9 FOR APPROXIMATELY 300 PARKING STALLS DOES CONSTITUTE A PARK PURPOSE. Sponsor: Mayor/Parks and Recreation 34. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZENS BOARDS. Sponsor: City Council/Aguilar and Erpenbach 35. A RESOLUTION APPOINTING MEMBERS OF THE DISTRICTING COMMISSION. Sponsor: City Council/Aguilar and Erpenbach 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) 36. REPORT OF THE JUNE 27, 2011, NOTICE OF TRANSFER OF APPROPRIATIONS WITHIN MAJOR ORGANIZATIONAL UNITS. Sponsor: Mayor/Finance NEW BUSINESS/ITEMS ADDED AFTER DEADLINE 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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