Aberdeen City Council

16754 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, July 25, 2016, 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Mike Levsen presiding. Present at roll call were City Council Members David Bunsness, Todd Campbell, Alan Johnson, Mark Remily, Rob Ronayne, and Clint Rux. City Council Member Jennifer Slaight-Hansen was absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Karl Alberts, Jay Tobin, Chris Witzel, Cody Roggatz, and Shirley Arment. Mayor Levsen led the Pledge of Allegiance. MINUTES Rux moved, Ronayne seconded to approve the minutes of July 18, 2016, as circulated. All present voting aye, motion carried. OPEN FORUM – Troy McQuillen was present to discuss the library project and presented to the Council a check for $600,000 from the Library Foundation. Gina Karst of Safe Harbor was present to discuss the “Cook Out with a Cop” Event. CONSENT CALENDAR Johnson moved, Remily seconded to approve the following items on the consent calendar: COMMUNITY EVENT PERMIT – for Safe Harbor Foundation’s “Walk A Mile In Her Shoes” Event on August 27, 2016 LICENSES – Residential Building Contractor – Miller Construction; Solicitor – Mihkel Teder, Kerli Vau, and Miina Kuusmaa dba Southwestern Advantage PLATS – 1) Fonder’s Outlot 2 in the SE ¼ of Section 2, T122N, R64W of the 5th P.M., Brown County, South Dakota (13691 – 387th Avenue); 2) Manor Park First Addition to Aberdeen in the SE ¼ of Section 12, T123N, R64W of the 5th P.M., Brown County, South Dakota (1102 North Jay Street); Mattsen Subdivision of Pagones Second Addition to Aberdeen in the SW ¼ of Section 20, T123N, R63W of the 5th P.M., Brown County, South Dakota (2603 – 13th Avenue, SE); 4) New Angus First Subdivision in the N ½ of Section 36, T123N, R64W of the 5th P.M., Brown County, South Dakota (3001, 3024, 3111, 3124, and 3210 South Jay Street). REQUEST TO SERVE AND PERMIT – the consumption of alcoholic beverages at the Wylie Park Pavilion on October 1, 2016 for a Zappa/Hovendick Wedding Reception. DEPARTMENTS’ BOARD REPORTS AND MINUTES – Aberdeen Regional Airport Board Minutes; Aberdeen City Planning Commission Minutes; Brown County/Aberdeen City Planning Commission Minutes; Board of Zoning Adjustment Minutes – receive and place on file. All present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 16-07-01 Ordinance No. 16-07-01 amending Ordinance No. 1164 to rezone from (R-3) District to (I-2) District property described as Lot 2, Dahme’s 3rd Addition in the SE ¼ of Section 14, T123N, R64W of the 5th P.M., Aberdeen, Brown County, South Dakota (321 South 7th Street) was presented. Ronayne moved, Bunsness seconded to approve first reading of Ordinance No. 16-07-01. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 16-07-02 Ordinance No. 16-07-02 amending Ordinance No. 1164 to rezone from (I-2) District and (M) District to (M) District property described as Lot 1, Browne Park Addition to the City of Aberdeen in the NW ¼ of Section 18, T123N, R63W of the 5th P.M., Brown County, South Dakota (214 North Jackson Street) was presented. Bunsness moved, Rux seconded to  16755 approve first reading of Ordinance No. 16-07-02. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 16-07-03 Ordinance No. 16-07-03 amending Ordinance No. 1164 to rezone from (C-2) District, (R-2) District, (R-3) District, (R-5) District, and (I-2) District to (M) District property described as Lot 1, Water Tower Park Subdivision of Block 14, Highland Park Addition in the NW ¼ of Section 23, T123N, R64W of the 5th P.M., Aberdeen, Brown County, SD (707 South 16th Street); Lots 2 and 3, Wagner’s Second Addition in the NW ¼ of Section 23, T123N, R64W of the 5th P.M., Aberdeen, Brown County, SD (1414 and 1422 – 8th Avenue, SW); Lot 1, Railroad Subdivision of Block 18, Highland Park Addition to Aberdeen in the NW ¼ of Section 23, T123N, R64W of the 5th P.M., Brown County, SD (812 South 14th Street); Lot 1, Railroad Second Subdivision of Block 19, Highland Park Addition in the NW ¼ of Section 23, T123N, R64W of the 5th P.M., Brown County, SD (1310 – 9th Avenue, SW); Lot 2, Beyer’s Highland Park Addition in the NW ¼ of Section 23, T123N, R64W of the 5th P.M., Brown County, SD (1301 – 9th Avenue, SW; Lot 1, Southwest Bike Trail Addition in the NE ¼ of Section 23, T123N, R64W of the 5th P.M. (925 South 12th Street) was presented. Ronayne moved, Johnson seconded to approve first reading of Ordinance No. 16-07-03. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 16-07-04 Ordinance No. 16-07-04 amending Ordinance No. 1164 to rezone from (I-2) District to (M) District property described as Lot 5, Northwestern Gas Plant Addition to the City of Aberdeen in the W ½ of Section 18, T123N, R63W of the 5th P.M., Brown County, SD (1008 - 1st Avenue, NE) was presented. Rux moved, Johnson seconded to approve first reading of Ordinance No. 16-07-04. Upon roll call, all present voting aye, motion carried. HEARINGS ON ALCOHOLIC BEVERAGE LICENSES This being the time and place set for a hearing on applications for Special Liquor Licenses on August 3, 2016 for Aberdeen Downtown Association’s A-Town Roller Girlz Event and on August 25, 2016 for Aberdeen Downtown Association’s Summer Concert Series, recommendations received were to approve, Ronayne moved, Remily seconded to approve the Special One-Day Liquor Licenses on August 3rd and August 25th for Aberdeen Downtown Association Events on Main Street including Community Event Permits contingent upon submittal of a current Certificate of Liability Insurance. All present voting aye, motion carried. This being the time and place set for a hearing on applications for Special Liquor Licenses on August 6, 2016 and August 27, 2016 for the Yelduz Shriners, recommendations received were to approve, Remily moved, Ronayne seconded to approve of the Special Liquor Licenses on August 6th and August 27th for Yelduz Shriners at 802 South Main Street. All present voting aye, motion carried. This being the time and place set for a hearing on an application to transfer a Retail On-Off Sale Malt Beverage License with Video Lottery from Skyline Recreation Inc. dba Village Bowl, 8th Avenue and N. Hwy #281 to Amusement Service Corp. dba Amusement Service, 1923 – 6th Avenue, SE #104B, recommendations received were to approve, Ronayne moved, Remily seconded to approve the transfer of Retail On-Off Sale Malt Beverage License with Video Lottery from Skyline Recreation Inc. at 8th Avenue and N. Hwy #281 to Amusement Service Corp. at 1923 – 6th Avenue, SE #104B (Inactive Status). All present voting aye, motion carried. RIGHT OF WAY ACQUISITION FOR 8TH AVE NW Campbell moved, Johnson seconded to approve and authorize the Mayor to sign Right-Of-Way acquisition documents for the 8th Avenue, NW Project to include payment of $6,093 to the property owner, Bonn Express LLC, for their parcel acquired for the project.  16756 Upon roll call, all present voting aye, motion carried. BILLS Bunsness moved, Rux seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 23,901.02; United States Treasury 724.58; Sanford Health Occupation Services 805.50; Claims Associates Inc 250.00; Dakotacare 126,607.57; Business Improvement District 144.37; Banner Associates Inc 10,225.07; Quantum Properties 2,500.00; United Parcel Service 66.19; Don Vetch 25.92; Ken Dohn 41.52; Off In The Woods LLC 44.33; Joyce Moore 82.61; Kenneth Flack 67.13; Jake Jundt 24.79; Drew Johnson 42.29. Upon roll call, all present voting aye, motion carried. PAYROLL Bunsness moved, Johnson seconded to approve the payroll for the period from July 10, 2016 through July 23, 2016 and City share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 160,520.47; SD Retirement 66,572.59; Governing Body 2,865.36; City Manager 7,358.71; City Attorney 6,198.99; Finance 12,662.68; HR 8,011.31, Andrea Sjomeling 1,965.89 bw; Building 339.15; Computer 4,281.00; Planning/Zoning 13,030.55; Engineering 12,659.10; Police 109,325.82, Curt Kline 23.98 hr, Robert Graham 22.82 hr; Fire 89,974.13, MacKenzie Morgan 15.14 hr, Luke Nelson 17.56 hr; Fire Prevention 4,282.88; Housing/Building 5,877.75; Street 30,320.24; Traffic 5,725.05; Solid Waste 21,095.11; Transportation/Ride Line 14,249.70; Library 24,649.63; Parks, Rec & Forestry 208,150.25, Darren Cleveland 19.30, Carter Lane 9.00 hr, Mariah Vilhauer 9.75 hr; Airport 15,350.58; Pipe 25,588.04; Water Treatment 17,283.10; Meter 2,618.40; Water Reclamation 18,638.54; Pump 6,859.40; Old Federal Crths Bldg 1,620.00. Upon roll call, all present voting aye, motion carried. CITY COUNCIL INTERVIEWS The City Council held interviews with Carl Perry, David Novstrup, Dennis “Mike” Olson, and Liz Hannum to fill the vacant position of City Councilor – SE District. No action was taken by the City Council. There being no further business, Bunsness moved, Campbell seconded that the meeting be adjourned. All present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. JOINT CITY/COUNTY PROCEEDINGS Brown County Commission Chambers, 25 Market Street, Brown County Courthouse, Aberdeen, South Dakota, July 26, 2016, 8:45 a.m., Joint City/County Meeting. Mayor Mike Levsen presiding. City Council Members present were Todd Campbell, Alan Johnson, Rob Ronayne, and Clint Rux. City Council Members David Bunsness, Mark Remily, and Jennifer Slaight-Hansen were absent. Brown County Commissioners were Tom Fischbach, Tom Fjeldheim, Nancy Hansen, and Duane Sutton. Brown County Commissioner Rachel Kippley was absent. City Staff present were Chris Witzel and Karl Alberts. RESOLUTION NO. 16-07-01R Johnson moved, Campbell seconded to approve the following Resolution No. 16-07- 01R: RESOLUTION NO. 16-07-01R RESOLUTION TO VACATE PUBLIC RIGHT-OF-WAY BE IT RESOLVED, by the Aberdeen City Council, Aberdeen, Brown County, South Dakota, that the Petition to Vacate the Public Right-Of-Way filed by Francis Brink, Representative for May Cutler, is hereby granted and the Public Right-Of-Way is hereby vacated for the following described areas: East 34’ of Cutler Road Public Right-Of-Way beginning 452.41’ North of Eighth Avenue, NE Public Right-Of-Way and continuing North 100 Feet located adjacent to Lot 2, Mary Cutler’s First Subdivision in the SW ¼ of Section 10, T123N, R63W  16757 of the 5th P.M., Brown County, South Dakota (824 Cutler Road) BE IT FURTHER RESOLVED by the Aberdeen City Council, Brown County, Aberdeen, South Dakota, that a certified copy of this Resolution shall be filed for record and duly recorded in the Office of the Register of Deeds in Brown County. All present voting aye, motion carried. Sutton moved, Fischbach seconded to approve Resolution No. 16-07-01R (457) to vacate the public right-of-way on Cutler Road. All present voting aye, motion carried. PETITION TO VACATE PUBLIC ROW Campbell moved, Ronayne seconded to set a joint hearing of August 23, 2016 at 8:45 a.m. in County Commission Chambers to discuss a petition to vacate public right-of-way described as the entire 66’ wide South Jay Street Public Right-Of-Way commencing at the South Side of 135th Street SE Public Right-Of-Way and continuing South 754’ and the entire 126’ x 113.3’ South Jay Street Cul-De-Sac Public Right-Of-Way adjacent to the South, all adjacent to Blocks 2 – 6, H & S First Subdivision in the N ½ of Section 36, T123N, R64W of the 5th P.M., Brown County, South Dakota (3001 – 3210 South Jay Street). All present voting aye, motion carried. Fischbach moved, Hansen seconded to set a joint hearing of August 23, 2016 at 8:45 a.m. in County Commission Chambers to discuss a petition to vacate public right-of-way at the location of 3001 – 3210 South Jay Street. All present voting aye, motion carried. There being no further business, Johnson moved, Ronayne seconded that the meeting be adjourned. All present voting aye, motion carried. /s/ Karl Alberts, Finance Officer.