Aberdeen City Council

16771 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, August 22, 2016, 5:30 p.m., regular meeting of the Board of City Councilors, Mayor Mike Levsen presiding. Present at roll call were City Council Members David Bunsness, Todd Campbell, Alan Johnson, Dennis “Mike” Olson, Mark Remily, Rob Ronayne, Clint Rux, and Jennifer Slaight-Hansen. City Staff present were Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, and Dave McNeil. Mayor Levsen led the Pledge of Allegiance. MINUTES Rux moved, Olson seconded to approve the minutes of August 15, 2016, as circulated. All voting aye, motion carried. OPEN FORUM – No one was present. CONSENT CALENDAR Johnson moved, Slaight-Hansen seconded to approve the following items on the consent calendar: SET HEARING DATE – of September 6, 2016 at 5:30 p.m. for applications for Special One- Day Retail On-Sale Liquor Licenses and Community Event Permits for Aberdeen Downtown Association for the following events: September 15, 2015 for Summer Concert Series, South Main St. from 3rd Avenue to 4th Avenue; October 6, 2016 for Summer Concert Series, South Main St. from 3rd Avenue to 4th Avenue; October 8, 2016 for Aberdeen Oktoberfest, Civic Arena, 2nd Avenue and South Washington St. SET BID DATE – of September 6, 2016 at 2:00 p.m. for an advertisement for bids for 1500 Tons of Roadway Deicing Salt for 2016-2017 PLATS – 1) Sutton First Consolidation Subdivision in Aberdeen, SD (1423 – 9th Avenue, SW); 2) Dunlavy First Consolidation Subdivision in Aberdeen, SD (707 and 709 North Penn St.); 3) Bollen-Hanson-Born Subdivision in Aberdeen, SD (1201 and 1215 North Main St.); 4) Lots 1 – 2, Borg Subdivision in the SE ¼ of Section 26, T124N, R64W of the 5th P.M., Brown County, SD (38696 – 129th St.); 5) Lots 1 – 2, Roger Arlt Third Addition in the SW ¼ of Section 25, T124N, R64W of the 5th P.M., Brown County, SD (12890 – 387th Avenue and 38732 – 129th St.); 6) R & L Reich Addition to Aberdeen in the SW ¼ of Section 24, T123N, R64W of the 5th P.M., Brown County, SD (1740 South 4th St.); 7) FZ First Subdivision to the City of Aberdeen in the SE ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, SD (405 – 1st Avenue, SE); 8) K & C Erickson Improvement Addition in Aberdeen, SD (1020 North Washington St.); 9) HHS Properties Third Subdivision to Aberdeen in the W ½ of the NE ¼ of Section 30, T123N, R63W of the 5th P.M., Brown County, SD (1705 – 20th Avenue, SE) with the stipulation that all necessary variances are approved at the September 8th Board of Zoning Adjustment Meeting; 10) Lots 1 – 3, Jones Family Subdivision in the NW ¼ of Section 27, T124N, R64W of the 5th P.M., Brown County, SD (12810 – 385th Avenue) with the stipulation that all outbuildings are removed or primary structure is constructed on proposed Lot 1, Jones Family Subdivision. REQUESTS FOR STREET USE – Mike Miller 5K Run/Walk on October 29, 2016 on Third Avenue, SE and a Block Party on September 25, 2016 on 15th Avenue, SE to Melgaard Road. All voting aye with Ronayne abstaining, motion carried. NEW BUSINESS ORDINANCE NO. 16-08-02 Ordinance No. 16-08-02 amending Ordinance No. 1164 of the City Code to rezone from (C-3) District to (R-3) District property described as Lot 1, Block 10, North Aberdeen Addition in the NW ¼ of Section 13, T123N, R64W of the 5th P.M., Aberdeen, Brown County, SD (123 North Main St.) was presented. Bunsness moved, Remily seconded to  16772 approve first reading of Ordinance No. 16-08-02. Upon roll call, all voting aye, motion carried. HEARINGS ON SPECIAL ALCOHOLIC BEVERAGE LICENSES This being the time and place set for a hearing on an application for Special Liquor Licenses for Yelduz Shriners at 802 South Main Street, recommendations to approve were received, Remily moved, Ronayne seconded to approve Special One-Day Retail On-Sale Liquor Licenses on September 10, 2016, September 24, 2016, and October 24, 2016 for Yelduz Shriners for Wedding Receptions at 802 South Main St. All voting aye, motion carried. This being the time and place set for a hearing on an application for a Special Liquor License for Aberdeen Downtown Association at 417 South Main St., recommendations to approve were received, Remily moved, Slaight-Hansen seconded to approve the Special One- Day Retail On-Sale Liquor License on August 27, 2016 for Aberdeen Downtown Association’s Car Movies at the Capitol Theatre at 417 South Main St. All voting aye, motion carried. COMMUNITY EVENT PERMIT FOR ADA Johnson moved, Campbell seconded to approve a Community Event Permit for Aberdeen Downtown Association’s Sizzlin Summer Nights on August 27, 2016 with street closures on Main St. from Railroad Avenue to 6th Avenue to alleys from 9:00 a.m. until 9:00 p.m. All voting aye, motion carried. SALE OF SURPLUS GRANITE Bunsness moved, Rux seconded to approve declaring surplus 100 tons of granite and selling the granite to the Brown County Highway Department for the purpose of rip rap for bridge work. All voting aye, motion carried. CHANGE ORDER/PAY REQUEST FOR KLINE ST. PROJECT Campbell moved, Ronayne seconded to approve and authorize the City Manager to sign the following change order and payment request for B & B Contracting for work performed on the Kline St. Storm Sewer Improvements Project (SS-2015-1): Change Order #3 – Kline St. retaining wall, an increase in the contract amount by $4,140.18 and Payment Request #7 in the amount of $19,694.32. Upon roll call, all voting aye, motion carried. PAY REQUEST FOR KLINE ST. PROJECT Johnson moved, Rux seconded to approve and authorize the City Manager to sign Payment Request #6 in the amount of $15,103.29 for Dahme Construction for work performed on the Kline St. Storm Sewer Improvements Project (SS-2014-1). Upon roll call, all voting aye, motion carried. PAY REQUEST FOR SANITARY SEWER PIPE LINING Rux moved, Bunsness seconded to approve and authorize the City Manager to sign Payment Request #2 in the amount of $112,571.10 for Municipal Pipe Tool Company, LLC for work performed on the Sanitary Sewer Pipe Lining Project (SA-2015-1). Upon roll call, all voting aye, motion carried. PAY REQUEST FOR THIRD AVE SE PROJECT Olson moved, Ronayne seconded to approve and authorize the City Manager to sign Payment Request #2 in the amount of $139,118.36 for BX Civil & Construction, Inc. for work performed on the Third Ave., SE St. Improvements Project (ST-2016-2). Upon roll call, all voting aye, motion carried. BILLS Slaight-Hansen moved, Bunsness seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 22,052.95; Quantum Properties 2,500.00; Business Improvement District 61,323.93; United Parcel Service 72.28;  16773 Kent Properties 33.30; Sheryl Erickson 40.64; Scott Isaak 26.22; Joel Williams 37.54; K & F Properties 78.06; Don Miller 21.45; AUR Homes, LLC 15.22; Arnie Isaak 39.09; Dale Reich 27.76; Aberdeen Housing 26.86; Rockstep Aberdeen, LLC 43.92; Andrew Bell 79.32; Justin Herreid 11.64; Kurtis Aldentaler 50.00; Matthew Bain 40.44; Matt Prehn 75.00; Borns Group 4,002.19; Midcontinent Communications 690.39; Northern Valley Communication 249.75; Taylor Laundry 22.50; Edwards & Cromwell Mfg Inc 567.00; Jensen Rock & Sand Inc 620.00; Stan Houston Equipment 27.00. Upon roll call, all voting aye, motion carried. PAYROLL Johnson moved, Ronayne seconded to approve the payroll for the period from August 7, 2016 through August 20, 2016 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 131,752.38; SD Retirement 66,852.96; Governing Body 3,028.82, Dennis “Mike” Olson 326.92 bw; City Manager 7,349.11; City Attorney 6,086.98; Finance 12,883.48; HR 7,956.00; Building 316.84; Computer 4,211.47; Planning/Zoning 13,030.55; Engineering 12,451.50; Police 106,447.81, Aaron Chittum 23.29 hr; Fire 96,768.59, Mariah Mougey 17.99 hr; Fire Prevention 4,605.60; Housing/Building 5,877.75; Street 28,768.04; Traffic 5,165.86; Solid Waste 20,207.15; Transportation/Ride Line 15,950.81; Library 22,943.38, Joanne Freitag 15.76 hr; Parks, Rec & Forestry 152,021.25, Mitchel Hanson 17.40 hr; Airport 15,227.08; Pipe 21,776.33; Water Treatment 18,650.58, Walter Bauer II 17.40 hr; Meter 2,642.04; Water Reclamation 17,925.90; Pump 7,684.25; Old Federal Crths Bldg 1,660.00. Upon roll call, all voting aye, motion carried. There being no further business, Bunsness moved, Johnson seconded that the meeting be adjourned. All 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, August 23, 2016, 8:45 a.m., Joint City/County Meeting. Mayor Levsen presiding. City Councilors present were Alan Johnson, Dennis “Mike” Olson, Mark Remily, Rob Ronayne, and Jennifer Slaight-Hansen. City Councilors David Bunsness, Todd Campbell, and Clint Rux were absent. City staff present were Brett Bill and Karl Alberts. Brown County Commissioners present were Tom Fischbach, Doug Fjeldheim, Nancy Hansen, Duane Sutton, and Rachel Kippley. ORDINANCE NO.16-08-01 Ordinance No. 16-08-01 amending Ordinance No. 1164 of the City Code to rezone from (A-1) District to (M-AG) District property described as Lots 1 – 3, Jones Family Subdivision in the NW ¼ of Section 27, T124N, R64W of the 5th P.M., Brown County, SD (12810 – 385th Avenue) was presented. Slaight-Hansen moved, Remily seconded to approve first reading of Ordinance No. 16-08-01. Upon roll call, all present voting aye, motion carried. Fischbach moved, Hansen seconded to approve first reading of Ordinance No. 16-08- 01-458 as presented. All voting aye, motion carried. ORDINANCE NO. 16-08-03 Ordinance No. 16-08-03 amending Ordinance No. 1164 of the City Code to rezone from (C-2) District to (M) District property described as Lot 3, East Highway 12 Addition in the NE ¼ of Section 22, T123N, R63W of the 5th P.M., Brown County, SD (5850 – 6th Avenue, SE/Hwy 12 E) was presented. Johnson moved, Olson seconded to approve first reading of Ordinance No. 16-08-03. Upon roll call, all present voting aye, motion carried. Sutton moved, Hansen seconded to approve first reading of Ordinance No. 16-08-03- 459 as presented. All voting aye, motion carried.  16774 RESOLUTION NO. 16-08-01R Resolution No. 16-08-01R to vacate public right-of-way for the entire 66 ft. wide South Jay Street Public Right-Of-Way at 3001, 3024, 3111, 3124, and 3210 South Jay Street was presented. Ronayne moved, Johnson seconded to approve Resolution No. 16-08-01R to vacate the public right-of-way on South Jay Street for New Angus LLC. All present voting aye, motion carried. Sutton moved, Fjeldheim seconded to approve Resolution No. 16-08-01R-456 to vacate public right-of-way on South Jay Street as presented. All voting aye, motion carrie.d There being no further business, Ronayne moved, Johnson seconded that the meeting be adjourned. All present voting aye, motion carried. /s/ Karl Alberts, Finance Officer.