Aberdeen City Council

16792 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, September 26, 2016, 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Mike Levsen presiding. Present at roll call were City Councilors David Bunsness, Todd Campbell, Alan Johnson, Dennis “Mike” Olson, Mark Remily, Rob Ronayne, and Clint Rux. City Councilor Jennifer Slaight-Hansen was absent. City Staff present were Lynn Lander, Ron Wager, Stuart Nelson, Brett Bill, Karl Alberts, Cody Roggatz, Doug Johnson, and Eric Duven. Mayor Levsen led the Pledge of Allegiance. MINUTES Johnson moved, Bunsness seconded to approve the minutes of September 19, 2016, as circulated. All present voting aye, motion carried. OPEN FORUM – Vernon Brown and Jerry Andersen of SDN Communications presented their improvement plan to increase date coverage through small cell monopoles in the City of Aberdeen. OLD BUSINESS ORDINANCE NO. 16-09-04 Rux moved, Bunsness seconded to approve second reading and final adoption of Ordinance No. 16-09-04 authorizing the issuance and sale of Series 2016 Wastewater Revenue Refunding Bonds. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 16-09-05 Bunsness moved, Olson seconded to approve second reading and final adoption of Ordinance No. 16-09-05 amending Section 54-282 setting forth wastewater charges. Upon roll call, all present voting aye, motion carried. CONSENT CALENDAR Rux moved, Remily seconded to approve the following items on the consent calendar: SET HEARING DATE – of October 17, 2016 at 5:30 p.m. for discussion of the following petitions to vacate public-right-of-way: 5’ x 109.25’ portion of First Ave., SE Public Right- Of-Way laying adjacent and North of Lot 1, Briscoe First Addition to Aberdeen in the SE ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, SD (224 First Ave., SE) and the 16’ x 300’ of North/South Alley Public Right-Of-Way contained within Block 51, Bennett and Thomas Addition (314 – Second Ave., NW) PLATS – 1) Dale Heiser’s Addition in the SW ¼ of Section 5, T123N, R63W of the 5th P.M., Brown County, SD (2823 and 3201 – 24th Ave., NE; 2) Easton Park Addition to Aberdeen in the NW ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, SD (314 – 2nd Ave., NW); 3) Aldrich Park Addition to Aberdeen in the NW ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, SD (300 North Main St.); 4) Aberdeen Development Corporation 2016-1 Addition to Aberdeen in the NE ¼ of Section 17, T123N, R63W of the 5th P.M., Brown County, SD (2919 Industrial Ave., NE) LICENSES – Taxi Cab Driver – Russell Carroll; Taxi Cab Driver – Megan Hogle DEPARTMENTS’ BOARDS REPORTS AND MINUTES – Aberdeen Regional Airport Board Minutes; Alexander Mitchell Library 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. Bunsness moved, Ronayne seconded to postpone council action for one week on a request by Dennis Thrift Store for street use on 2nd Ave., SE for an auction sale on October 29, 2016. All present voting aye, motion carried.  16793 NEW BUSINESS FUNDING FOR TRAIL DEVELOPMENT A discussion was held on a request by the Parks and Recreation Board for permission to submit a grant application to the South Dakota Department of Transportation (SD DOT) for Transportation Alternatives Program (TAP) Funds for trail development on 15th Avenue between North Dakota Street and North 2nd Street. Jim Weismantel was present to discuss the proposed trails. Bob Babcock of Helms Engineering was present to discuss the project. Mark Caven was present to discuss the project. Matt Prehn, Parks, Recreation & Forestry Board President, discussed the need for the project. Jeff Weismantel was present to discuss the bike path on Eighth Ave., NW. Bunsness moved, Rux seconded to approve Resolution No. 16-09-02R as follows: WHEREAS, the City of Aberdeen proposes to construct walking/biking paths in Aberdeen; and WHEREAS, the City of Aberdeen now requests financial assistance to complete the proposed project; and WHEREAS, the project is eligible for the Transportation Alternative Program grant funds under the Federal Highway Administration. NOW THEREFORE, BE IT RESOLVED that the proposed project will meet all local planning, zoning, and City Ordinance requirements; and NOW, THEREFORE BE IT RESOLVED that the City of Aberdeen supports the project and the submittal of a Transportation Alternatives Program application; and THEREFORE, BE IT ALSO RESOLVED that, if funded, the City of Aberdeen will pay for the required local match for the project. THEREFORE, BE IT ALSO RESOLVED that the City of Aberdeen agrees to maintain the project, if funded, throughout its useful life and that the city understands that a project maintenance agreement will be required by the South Dakota Department of Transportation and the Federal Highway Administration; and THEREFORE, BE IT ALSO RESOLVED that the City of Aberdeen authorizes the Mayor to execute the Transportation Alternatives Program application. Rux, Bunsness, Johnson, and Mayor Levsen voting aye, Olson, Ronayne, and Remily voting nay, Campbell abstaining, 4 ayes, 3 nays, motion carried. RESOLUTION NO. 16-09-03R Bunsness moved, Ronayne seconded to approve Resolution No. 16-09-03R as follows: WHEREAS, the City of Aberdeen is a member in the South Dakota Retirement System (SDRS) that covers City of Aberdeen employees, as well as most public employees in South Dakota, with retirement benefits, and WHEREAS, the City of Aberdeen is supportive of the well-funded, actuarially sound South Dakota Retirement System, and WHEREAS, the City has become aware of attempts by certain members of SDRS and their employers to manipulate the timing, amount, and characterization of members’ pay in order to artificially inflate their retirement benefits at the expense of other SDRS members. NOW, THEREFORE BE IT RESOLVED, that the City of Aberdeen is strongly opposed to the practice of artificially inflating retirement benefits by members of the South Dakota Retirement System because it results in unanticipated costs to SDRS, provides inequitable subsidies to certain members, and provides benefits in excess of the Board’s goals for income replacement. BE IT FURTHER RESOLVED, that the City of Aberdeen strongly urges SDRS to pursue all means within their authority to identify the governmental entities who have such practices, be  16794 transparent with their identities, and hold them accountable for putting the SDR System’s financial future in jeopardy. Also, the City strongly urges SDRS to seek Legislative remedies to stop such practices and protect the integrity of the South Dakota Retirement System. All present voting aye, motion carried. RESOLUTION NO. 16-09-04R Rux moved, Bunsness seconded to approve the following Resolution No. 16-09-04R in support of Aberdeen’s Military and Veteran Caregivers and that the Veterans Affairs Committee of the Chamber be designated as the point of contact for the City: A Resolution In Support Of Aberdeen’s Military And Veteran Caregivers WHEREAS, the series of wars in which our nation has been engaged over time, since World War II, has resulted in 5.5 million military and veteran caregivers who are parents, spouses, siblings and friends, caring for those wounded, ill or injured who have served our nation, as documented by the 2014 Rand Study commissioned by the Elizabeth Dole Foundation; and WHEREAS, the daily tasks of these military and veteran caregivers can include bathing, feeding, dressing, and caring for the grievous injuries of wounded warriors, administering medications, providing emotional support, caring for the family and the home, and working outside the home to earn essential income; and WHEREAS, the nation provides multi-faceted support to our wounded, ill and injured veterans and service members through public, private and philanthropic resources, but their caregivers receive little support or acknowledgement; and WHEREAS, most military and veteran caregivers consider the challenging work they do as simply carrying out their civic and patriotic duty, without realizing they are, in fact, caregivers, and do not identify themselves as such; and WHEREAS, an alarming number of military and veteran caregivers, according to research, are suffering numerous debilitating mental, physical and emotional effects as a result of their caregiving duties; and WHEREAS, the City of Aberdeen, South Dakota desires to recognize and support those who are serving in these vital roles in our own community; now, therefore, BE IT RESOLVED, by the City of Aberdeen as follows: I. That the City of Aberdeen become a military and veteran caregiver supportive city. II. That the City of Aberdeen seeks to identify military and veteran caregivers residing in our city. III. That the City of Aberdeen works to ensure that our government, organizations, employers and non-profits are aware of the unique challenges of military and veteran caregivers and are encouraged to create supportive environments and opportunities for assistance. IV. That the City of Aberdeen Plans an observance each May, during Military Appreciation Month, to honor and recognize the City’s military and veteran caregivers in partnership with the Elizabeth Dole Foundation’s national Hidden Heroes campaign. V. That the City of Aberdeen encourages all who care for and support veterans and service members to extend that support to their caregivers. VI. That the City of Aberdeen designates a point of contact for our city , from the public or private sector, for citizens and organizations wanting to offer support, and caregivers who need that support. All present voting aye, motion carried. HEARING ON ALCOHOL LICENSE This being the time and place set for a hearing on an application for a transfer of Retail On-Off Sale Malt Beverage License with Video Lottery from JCW Investments LLC to Rivett Lodging Aberdeen, LLC at 2405 Sixth Ave., SE, recommendations to approve were received, Campbell moved, Remily seconded to approve the transfer of Retail On-Off Sale  16795 Malt Beverage License with Video Lottery from JCW Investment LLC to Rivett Lodging Aberdeen, LLC at Aberdeen Super 8 East Motel, 2405 Sixth Ave., SE. All present voting aye, motion carried. HEARING ON SPECIAL ALCOHOL LICENSE This being the time and place set for a hearing on an application for a Special One- Day Retail Liquor License on September 29, 2016 with an application for a Community Event Permit for Aberdeen Downtown Association’s Wine/Beer Walk on South Main Street, recommendations to approve were received, Rux moved, Ronayne seconded to approve a Special One-Day Retail Liquor License on September 29th and a Community Event Permit for Aberdeen Downtown Association’s Wine/Beer Walk on South Main Street from 6th Ave. to Railroad Ave. All present voting aye, motion carried. SDDOT GRANT AGREEMENT FOR AIRPORT Ronayne moved, Johnson seconded to approve and authorize the City Manager to sign the SD Department of Transportation Grant Agreement for the Airport Runway 17/35 Decoupling Project. All present voting aye, motion carried. CHANGE ORDER/PAYMENT REQUEST FOR MILL AND OVERLAY PROJECT Ronayne moved, Bunsness seconded to approve and authorize the City Manager to sign Change Order #1 in the amount of $29,351.06 and Payment Request #1 in the amount of $307,889.45 to Lien Transportation for work performed on the Mill and Overlay Project (ST- 2016-3). Upon roll call, all present voting aye, motion carried. BILLS Rux moved, Johnson seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 19,453.61; Fleet Services 122.99; J & K Mowing Service 542.00; United Parcel Service 473.02; Dakotacare Administrative 61,395.25; Cody Peterson 15.00; Morrison Construction 16,483.74; J Gross Equipment 14,940.00; Zion Luthern Church 24.34; Jency Agency 11.51; Prairie Builders 26.76; Sheridan Admier 28.38; Jerry Markovetz 25.40; Brian Doerr 146.41; Kenneth Zens 40.41; CVB 31,348.24. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander presented the City Manager’s Report including an off premise sign report. There being no further business, Remily moved, Ronayne 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.