City of Sioux Falls Council Meeting Agenda

Carnegie Town Hall, 235 West Tenth Street

REGULAR MEETING OF Monday, June 4, 2007, at 7:00 p.m.    

 

 

ROLL CALL #3

 

MEMBERS PRESENT/ABSENT                                      OFFICIAL AGENDA

 

            Council Member Gerald Beninga

            Council Member Vernon Brown

            Council Member J. Pat Costello

            Council Member Bob Jamison

            Council Member Kevin Kavanaugh

            Council Member De Knudson

            Council Member Bob Litz

            Council Member Kermit L. Staggers

            Mayor Dave Munson

 

INVOCATION

Reverend Bryce Hecht - Retired Winfred United Church of Christ

 

PLEDGE OF ALLEGIANCE

 

PROCLAMATIONS

National Garden Week – June 3-9, 2007

 

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) 367-8080 (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 AND ADDRESS.  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 P.M.  THE JOINT CITY COUNCIL/MINNEHAHA COUNTY COMMISSION MEETINGS AIR LIVE THE THIRD MONDAY OF EACH MONTH AT 5:00 P.M.

 

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 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. REGULAR MEETINGS OF THE CITY COUNCIL ARE ALSO ARCHIVED AND AVAILABLE FOR VIEWING ON DEMAND AT WWW.SIOUXFALLS.ORG. LINKS TO EACH MEETING’S VIDEO ARE POSTED ON THE MEETING MINUTES AND AGENDAS PAGE.

 

CONSENT AGENDA ITEMS

 

APPROVAL OF CONSENT AGENDA

 

MINUTES

¨      Informational Meeting of Monday, May 21, 2007at 4:00 p.m.

¨      Regular Council Meeting of Monday, May 21, 2007, at 7:00 p.m.

¨      Informational Meeting of Tuesday, May 29, 2007 at 4:00 p.m.

APPLICATIONS

 

The following abatement was recommended for approval by the Director of Equalization and the State’s Attorney’s Office for Minnehaha County; and the City Attorney for Sioux Falls:

 

1.           City of Sioux Falls, Parcels #40116, #73293, #77774, for 2006 Property Taxes in the amount of $10445.83. Property purchased during 2006, abatement requested for the time owned.

 

NOTICE OF HEARINGS

 

Set hearing date for Monday, June 18, 2007, at 7:00 p.m. on Items 2 through 11:

 

2.           New 2007 Convention Facility On-Sale License for Ovations Food Services LP, to be operated at the Sioux Falls Convention Center, 1211 North West Avenue, including Sunday Sales, effective July 1, 2007.

 

3.           New 2007-08 Retail Malt Beverage License for Fortune Chinese Restaurant Inc., Fortune Chinese Restaurant, to be operated at 3720 North Cliff Avenue, Suite 8, effective July 1, 2007, with the Conditional Use Permit being approved by the Planning Commission on May 2, 2007.

 

4.           New 2007 Retail Wine License for Fortune Chinese Restaurant Inc., Fortune Chinese Restaurant, to be operated at 3720 North Cliff Avenue, Suite 8, with the Conditional Use Permit being approved by the Planning Commission on May 2, 2007.

 

5.           Transfer of a 2007 Package Liquor License from JeJo LLC, BP Shop, 2800 E Marson Drive, to East West Ventures LLC, 4 Hills Express, to be operated at 2800 East Marson Drive. 

 

6.           Transfer of a 2006-07 Retail Malt Beverage License from Sweet Indulgence LLC, River Walk Café, 196 E 6th Street Ste 101, to JSF Enterprises LLC, The River Walk, to be operated at 196 E 6th Street Ste 101.

 

7.           Special One-Day Liquor License for Catering America LLC, Chef Dominique’s Catering, to be operated at the Old Courthouse Museum, 200 West Sixth Street, on September 15, 2007, for a wedding reception.

 

8.           Special One-Day Liquor License for the Zoological Society of Sioux Falls to be operated at the Great Plains Zoo and Delbridge Museum of Natural History, 805 South Kiwanis Avenue, on July 26, 2007, for the Jungle Jubilee. 

 

9.           Special One-Day Malt Beverage and Special One-Day Wine Licenses for South Dakota Achieve, to be operated at 4100 South Western Avenue, on September 11, 2007, for a Chamber Mixer.

 

10.       Special One-Day Malt Beverage License for Main Street Sioux Falls to be operated at Fawick Park, 10th and Second Street, on August 25, 2007, for the Fire Fighter Pentathlon. 

 

11.       Various Retail Malt Beverage and Package Malt Beverage License renewals for 2007-08 to be operated at various locations in the City of Sioux Falls.  See attached Exhibit C. 

 

REGULAR AGENDA ITEMS

 

APPROVAL OF REGULAR AGENDA

 

PUBLIC INPUT

 

PETITIONS

 

12.       Conditional Use Permit Appeal (2007-03-02):  E. 41st Street and S. Sycamore Avenue.  The Conditional Use Permit was to construct a Goodwill Store.  The Planning Commission recommends continuing the Conditional Use Permit with the following stipulations:  1) The loading dock, truck parking and trash area shall be enclosed with a six-foot high split-faced masonry block wall.  2) Screen Fencing is to be a minimum four feet high solid screen fence of split-faced masonry block, composite vinyl or wood materials and located along the edge of the pavement north of the BMP. 3) Provide public sidewalk along E. 41st Street and development a safe pedestrian connection from the front of the building to the public sidewalk.  4) Provide two rows of five feet high evergreen trees with staggered spacing 15 feet on center.  5)  Freestanding business signage shall be monument style with a height no greater than the width.

 

UNFINISHED BUSINESS

 

13.       New 2007-08 Retail Malt Beverage License for J&L Harley Davidson Inc., J&L Harley Davidson, to be operated at 2601 West 60th Street North, effective 7-01-07, with the Conditional Use Permit being approved on 05-02-07.  Applicant requesting withdrawal; will resubmit under different corporate name. 

 

14.       New 2007-08 Retail Malt Beverage License for River Plaza Events Center Inc., Ivy Room, to be operated at 2425 South Shirley Avenue #118, effective 7-01-07, with the Conditional Use Permit being approved on 05-02-07.  Pending final inspection per Fire and final inspection of Permit #118283 per Building Services. 

 

15.       New 2007 Retail Wine License for River Plaza Events Center Inc., Ivy Room, to be operated at 2425 South Shirley Avenue #118, with the Conditional Use Permit being approved on 05-02-07.  Pending final inspection per Fire and final inspection of Permit #118283 per Building Services.

 

16.       New 2007-08 Package Malt Beverage License for Olson Oil Company, Get ‘N’ Go #20, to be operated at 2421 South Minnesota Avenue, effective 7-01-07.  Pending final inspection per Fire. 

17.       Special One-Day Liquor License requests for Great Bear Recreation Park Inc., Great Bear Recreation Park, 5901 East Rice Street, for the following dates/events:  Class reunions on July 14, 21, and 28, 2007.  Pending corrections per Fire.

 

18.       Various Retail Malt Beverage and Package Malt Beverage License renewals for 2007-08 to be operated at various locations in the City of Sioux Falls.  See attached Exhibit B. 

 

INTRODUCTION AND ADOPTION OF ORDINANCES

 

19.       Deferred Action:  2nd Reading:  An Ordinance of the City of Sioux Falls, SD, authorizing the Mayor to enter into an annexation agreement between the City of Sioux Falls and TV Real Estate, LLC.

 

20.       Deferred Action:  2nd Reading:  An Ordinance of the City of Sioux Falls, SD, providing supplemental appropriations for a new street project at Southeastern Avenue from south of 57th Street to south of 69th Street and 69th Street east of Southeastern Avenue to west of the railroad tracks.  Public Works/Engineering:  $3,600,000.  

 

21.       2nd Reading:  An Ordinance of the City of Sioux Falls, SD, amending minor amendments in Planned Development Districts. The Planning Commission recommends approval.

 

22.       2nd Reading:  An Ordinance of the City of Sioux Falls, SD, amending the revised ordinances of the City by amending Airport Approach Zones to an Airport District.

 

23.       2nd Reading – Rezone – 2007-03-23:  An Ordinance of the City of Sioux Falls, SD, rezoning property at south side of 85th St., west of Western Ave., from the AG, Agricultural District to the O, General Office District, to buffer the 1.5 million gallon water tank and the single family residential with office development, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

24.       2nd Reading – Rezone – 2007-03-33:  An Ordinance of the City of Sioux Falls, SD, rezoning property at W. 54th St. N. and Westport Ave., from the AG, Agricultural District to the C-4, Planned Commercial District, to allow commercial development of property, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

25.       2nd Reading – Rezone – 2007-04-05:  An Ordinance of the City of Sioux Falls, SD, rezoning property at SE corner of 42nd St. and Ellis Rd., from the RR, Rural Residential District to the C-4, Planned Commercial District, to develop the property, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

26.       2nd Reading – Rezone – 2007-04-06:  An Ordinance of the City of Sioux Falls, SD, rezoning property at W. Fifth St. and LaMesa Dr., from the Meadow Ridge Planned Development District to the RS-2, Residential and the MH, Manufactured Housing District, to create more single family lots, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

27.       2nd Reading – Rezone – 2007-04-10:  An Ordinance of the City of Sioux Falls, SD, rezoning property at E. Grant St. and vacated N. LaSalle Ave., from the RA-1, Residential District to the C-2, General Commercial District, to expand East 10th Street Storage, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

28.       2nd Reading – Rezone – 2007-04-13:  An Ordinance of the City of Sioux Falls, SD, rezoning property at east side of Career Ave., south of W. Tickman St., from the Flynn Heights Business and Technology Park Planned Development District to the I-1, Light Industrial District, to conform with surrounding zones and develop a business industrial park, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

29.       2nd Reading – Rezone – 2007-04-15:  An Ordinance of the City of Sioux Falls, SD, rezoning property at W. Stoney Creek and Ellis Rd., to rezone and subdivide the subject property for Phase One of a single-family residential subdivision with 153 lots, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

30.       2nd Reading – Rezone – 2007-04-24:  An Ordinance of the City of Sioux Falls, SD, rezoning property at 6201-6501 S. Connie Ave., from the Platinum Valley Planned Development District to the RA-2, Residential District, to reflect current land uses, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

31.       2nd Reading – Rezone – 2007-03-17:  An Ordinance of the City of Sioux Falls, SD, rezoning property at 1701 S. Cleveland Ave., from the RA-1, Residential District to the Cherry Creek Office Park Planned Development District, to rezone the subject property for the purpose of constructing a 13,600-square foot two-story multi-tenant medical office building and accessory parking, and amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

32.       2nd Reading – Major Amendment – 2007-04-04:  An Ordinance of the City of Sioux Falls, SD, amending Chapter 15.45.070, Planned Development Districts, at S. Bahnson Ave. and E. 57th St., amending the official zoning map of the City of Sioux Falls. The Planning Commission recommends approval.

 

33.       2nd Reading – Major Amendment – 2007-04-14:  An Ordinance of the City of Sioux Falls, SD, amending Chapter 15.45.070, Planned Development Districts, at one-fourth mile south of 57th St., west of Southeastern Dr., 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.

 

34.       2nd Reading:  An Ordinance of the City of Sioux Falls, SD, conveying Lot 6A (Except Lot H1), Block 2, Riverdale Addition to the City of Sioux Falls. 

 

Set a hearing date and second reading for Monday, June 18th, 2007 at 5:00 p.m. at the Joint City/Minnehaha County meeting for item 35:

 

35.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, providing supplemental appropriations – 2007 Cooperative Agreements for Mosquito Control/Health.

 

Set a hearing date and second reading for Monday, June 18th, 2007 at 7:00 pm for Items 36 through 45.

 

36.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending the revised ordinances of the city revising sewer utility rates and charges.

 

37.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending the revised ordinances of the city by increasing water rates.

 

38.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending the revised ordinances of the city by revising Chapter 18 thereof (increasing landfill rates).

 

39.       1st Reading:  An Ordinance of the City of Sioux Falls, SD amending the revised ordinances of the city by amending the schedule of rates to be charged by the City Light and Power Department for furnishing electric current for light and power purposes. 

 

40.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending Chapter 38 (Right-of-Way Vacation Petition) of the Revised Ordinances of the City.

 

41.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending the revised ordinances of the city by adding a new Article X to Chapter 38 of the Code of Ordinances entitled:  Plan Review Fees.”

 

42.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending Chapter 38 of the revised ordinances of the city.

 

43.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending Chapter 41, Utilities, of the revised ordinances of the city by adjusting the fee schedule for the light department.

 

44.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending Chapter 41, Utilities, of the revised ordinance of the city by adjusting the fee schedule for the water department.

 

45.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending the revised ordinances of the city by increasing permitted front foot street assessments.

 

Set a hearing date and second reading for Monday, June 25th, 2007 at 7:00 p.m. at the Joint City /Lincoln County Meeting for Item 46:

 

46.       1st Reading:  An Ordinance of the City of Sioux Falls, SD, amending the code of ordinances of said city by rezoning property at half mile south of the intersection of 57th St. and SD HWY 11 from the A-1, Agricultural District to the C, Commercial District.

HEARINGS AND RESOLUTIONS

 

47.       Deferred Action:  A Resolution amending the 2007-2011 Capital Program.  (The estimated cost is $3,600,000 and will require an increase in appropriations that will be funded by Developer Loan Funds.)

 

48.       A Resolution amending the future land use map as a part of the Sioux Falls 2015 Growth Management Plan Petition No. 2007-04-21 at 57th St. and Powderhouse Rd. from adding commercial and parks and open space to the future land use map.

 

49.       A Resolution amending the future land use map as a part of the Sioux Falls 2015 Growth Management Plan Petition 2007-03-25 at W. 85th St. and Minnesota Ave. adding an allocation of commercial, single-family residential, multi-family residential, office/institutional and parks & open space future land uses.

 

50.       Preliminary Subdivision Plan (2007-04-07):  Meadow Ridge Addition to the City of Sioux Falls, Minnehaha County, SD.  W. 5th Street and N. LeMesa Drive.  To change street pattern and creating additional residential lots.  The Planning Commission recommends approval.

 

51.       A Resolution approving a joint cooperative agreement for mosquito control between the City of Sioux Falls and Minnehaha County, SD.

 

52.       A Resolution advising and giving consent to the appointment of members to the Multi-Cultural/Coliseum Intergovernmental Board.  (Mayor Munson and Council Member Kevin Kavanaugh from June, 2007 until replaced)

 

53.       A Resolution approving the Great Plains Zoo & Delbridge Museum of Natural History Master Plan.   

 

54.       A Resolution of the City of Sioux Falls, SD, approving the placement of a commemorative plaque located on the east column of the Phillips to the Falls archway.

 

55.       A Resolution amending the City of Sioux Falls engineering design standards.

 

56.       Preliminary Subdivision Plan (2007-04-08):  Legacy Ridge Addition to the City of Sioux Falls, Minnehaha County, SD.  North of W. 22nd Street and W. of S. Ellis Road.  To rezone and subdivide the subject property for Phase One of a single-family residential subdivision with 153 lots.  The Planning Commission recommends approval.

 

The City Council may include such other business as may come before this body.

 

ADJOURNMENT

 

MOTION TO GO INTO EXECUTIVE SESSION