Aberdeen City Council

16809 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, October 24, 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, Mark Remily, Rob Ronayne, Clint Rux, and Jennifer Slaight-Hansen. City Councilor Dennis “Mike” Olson was absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, and Shirley Arment. Mayor Levsen led the Pledge of Allegiance. MINUTES Rux moved, Remily seconded to approve the minutes of October 17, 2016, as circulated. All present voting aye, motion carried. OPEN FORUM – Paul Tuke was present to discuss conditions of available rental housing in Aberdeen. CONSENT CALENDAR Slaight-Hansen moved, Remily seconded to approve the following items on the consent calendar: SET HEARING DATE – of November 7, 2016 at 5:30 p.m. for applications for alcoholic beverage licenses: Transfer of Retail On-Sale Liquor License from Stacy J. Gossman dba Scotty’s Drive-Inn Bar and Grill, 719 North Main St. to OCH Inc. dba Casino Korner Suite B, 707 North Second St. Suite B and New Retail On-Off Sale Malt Beverage License for Stacy Gossman dba Scotty’s Drive-Inn Bar and Grill, 719 North Main St. SET BID DATE – of November 8, 2016 at 2:00 p.m. for an advertisement for bids on the Boyd St. Holding Pond Project (SS-2016-2). LICENSES – Ambulance Driver – Kasia Kramer; Ambulance Driver – Mandy Schaible PLATS – 1) Plat of Chow Main Railroad Yard Subdivision in Aberdeen, SD (15 and 117 First Ave., NW); 2) Plat of Al Nordstrom Addition in the SE ¼ of Section 28, T124N, R64W of the 5th P.M., Brown County, SD (12891 – 385th Ave.); 3) Plat of Rohr Third Subdivision in the SW ¼ of Section 36, T124N, R64W of the 5th P.M., Brown County, SD (12989, 12992, 12993 and 12994 Rohr Drive); 4) Plat of Rich Olson Addition in the SE ¼ of Section 35, T123N, R64W of the 5th P.M., Brown County, SD (4126 – 387th Ave. S); 5) Plat of Eleventh Addition to Ashwood Heights Subdivision to the City of Aberdeen, SD (2819 and 2903 Oakwood Lane); 6) Plat of HHS Properties Third Subdivision to Aberdeen, SD (1907, 1911, 1917 and 1921 South Lawson St., 1603, 1607, 1611, 1701, 1705, 1711, 1715, and 1723 Twentieth Ave., SE, 1908, 1914, 1920 and 1924 Miller Lane); 7) Plat of Jon Peterson Addition to the City of Aberdeen, SD (314 Fifth Ave., NE) LOTTERY NOTICES – Presentation College and Junior Achievement of South Dakota – receive and place on file. All present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 16-10-01 Ordinance No. 16-10-01 to rezone from (C-2) District and (R-3) District to (C-2) District property described as Lots 1 and 2, Baggett’s First Addition in the NE ¼ of Section 24, T123N, R64W of the 5th P.M., Aberdeen, Brown County, SD (618 South Penn St. and 720 – Sixth Ave., SE) was presented. Bunsness moved, Ronayne seconded to approve first reading of Ordinance No. 16-10-01. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 16-10-05 Ordinance No. 16-10-05 revising Section 46-368 of the City Code regarding designation of Snow Emergency Routes was presented. Bunsness moved, Johnson seconded  16810 to approve first reading of Ordinance No. 16-10-05. Upon roll call, all present voting aye, motion carried. RESOLUTION NO. 16-10-03R Resolution No. 16-10-03R to establish a consolidated board of equalization pursuant to SDCL §10-11-66 through SDCL §10-11-76 was presented. Remily moved, Ronayne seconded to adopt Resolution No. 16-10-03R as follows: BE IT RESOLVED that a consolidated Board of Equalization as authorized by SDCL §10-11-66 shall be established pursuant to the Resolution of the Governing Boards of Brown County, City of Aberdeen, and the Aberdeen School District 6-1. The consolidated Board of Equalization as created by this Resolution shall be authorized to exercise all powers contained in SDCL §10-11. BE IT FURTHER RESOLVED that three members from the Brown County Commission, one member of the Aberdeen City Council, and one member of the Aberdeen School District 6-1 School Board shall constitute a consolidated Board of Equalization as provided by SDCL §10-11-66. BE IT FURTHER RESOLVED that the Aberdeen City Council, Brown County Commission, and the Aberdeen School District 6-1 shall be responsible for the per diem, salary, and mileage costs of the respective members that serve on the consolidated Board of Equalization. Brown County Commission shall be responsible for the ordinary and customary expenses associated with the equalization of property including appeals to the State Board of Equalization. The financial responsibilities contained in this resolution shall remain unless either the Aberdeen City Council, Brown County Commission, or the Aberdeen School District 6-1 shall request that they be modified prior to December 1st of each year. THIS RESOLUTION shall be binding upon the Aberdeen City Council, Aberdeen, South Dakota and upon each governing body adopting this Resolution according to law. All present voting aye, motion carried. RESOLUTION NO. 16-10-04R Resolution No. 16-10-04R levying an annual assessment for parking facilities was presented. Ronayne moved, Bunsness seconded to adopt Resolution No. 16-10-04R as follows: WHEREAS, the City of Aberdeen did adopt an ordinance creating an appointive board to manage public parking facilities, and WHEREAS, the board appointed to manage said parking facilities has determined that there is needed the total sum of Ninety-seven thousand four hundred twenty-three dollars ($97,423) to operate said parking facilities for the year 2017 and have recommended to the Aberdeen City Council that they cause to be levied a special assessment in the parking district sufficient to raise said sum to be used for the purpose of operating, maintaining and repairing the public parking facilities to be managed by the board so appointed, and WHEREAS, the Board so appointed is to manage and operate all City-owned parking lots and facilities, except on-street parking, in the area defined in the Revised Ordinances of Aberdeen, South Dakota, and WHEREAS, the governing body of the City of Aberdeen has determined that there is to be during the year 2016 (collectible in 2017) levied an annual special assessment (collectible in 2017) against all real property in the parking district the amount as recommended for the purpose of operating, maintaining and repairing said public parking facilities for the year 2017, and WHEREAS, it has been determined that the annual special assessment shall be apportioned against the real property within the boundaries of the area designated according  16811 to the benefits to accrue to said property. NOW, THEREFORE, BE IT RESOLVED BY THE ABERDEEN CITY COUNCIL, and it hereby finds, determines and declares that it is necessary to levy during the year 2016 a total annual special assessment for the purpose of operating, maintaining and repairing the public parking facilities managed by the board the sum of Ninety-seven thousand four hundred twenty-three dollars ($97,423) to be used during the year 2017, and that said sum shall be assessed against all assessable lots and tracts of land within the boundaries of the areas so designated, according to the benefits to accrue to said property, and said Aberdeen City Council hereby determines that the benefit formula to be used in said district shall be arrived at by determining the total value of all assessable property in said district, and to make a determination as to real property that is used 100% as single family dwelling property, and property used 100% for single family dwelling purposes is only to be assessed at 25% of its total assessed value for the purpose of this special assessment, and that based upon said assessable value determine a levy sufficient to raise the total sum required for operation of said parking district, and that the amount of assessed valuation of real property will be the same as the amount shown on the Notice of Assessed Valuation. Each lot shall be assessed the pro rata share of the total sum of the special assessment per its assessed valuation. The property located at 211 - 2nd Ave., SW shall be exempt from assessment. BE IT FURTHER RESOLVED that the City of Aberdeen hereby directs that the amount of assessment above described to the general assessment to the County Auditor to be collected as municipal taxes for general purposes, and the property owners are to be notified of said special assessment in the same manner that they are notified of general assessment, and the assessment shall be subject to review and equalization in the same manner as assessments or taxes for general purposes. All present voting aye, motion carried. AMENDMENT TO TIF NO. 25 PROJECT PLAN Resolution No. 16-10-05R approving a Tax Increment Finance District No. 25 Project Plan Amendment for Schumaker Development, LLC for Meadowlark Acres was presented. Bunsness moved, Johnson seconded to adopt Resolution No. 16-10-05R as follows: WHEREAS, a public hearing was held before the Planning Commission of the City of Aberdeen, South Dakota, on October 18, 2016 at 7:00 p.m. in the Courthouse basement in the Brown County Courthouse at 25 Market Street, Aberdeen, South Dakota, pursuant to notice of such hearing for the purpose of considering the amendment of Tax Incremental District No. 25 and its proposed boundaries; and WHEREAS, the Planning Commission of the City of Aberdeen did at its regular meeting on October 18, 2016, pass a resolution establishing the boundaries of such Amended Tax Incremental District and did submit a recommendation to the City Council of the City of Aberdeen, South Dakota, recommending the creation of the said Tax Incremental District No. 25; and WHEREAS, the Planning Commission of the City of Aberdeen did at its regular meeting on October 18, 2016, held in the Courthouse basement in the Brown County Courthouse at 25 Market Street, Aberdeen, South Dakota, did pass a Resolution adopting the amended Project Plan for the Tax Incremental District No. 25 and did recommend to the City Council of the City of Aberdeen, South Dakota, that it approve and adopt the amended project plan; and WHEREAS, such action by the Planning Commission of the City of Aberdeen was done in accordance with SDCL Chapter 11-9 and such action by the Planning Commission was done at a regular meeting of the said Planning Commission after notice properly given and after due hearing and being appropriately and properly advised:  16812 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aberdeen, South Dakota, that the boundaries of the proposed Tax Incremental District No. 25 be and the same are hereby designated as: That portion of Brown County Highway 14 right-of-way described as: COUNTY HIGHWAY 14 RIGHT-OF-WAY BEGINNING AT THE SOUTHERN EDGE OF MEADOWLARK ACRES EXTENDING NORTH TO THE SOUTH EDGE OF US HIGHWAY 12 WITH THE WEST AND EAST RIGHT-OF-WAY LINES ON HIGHWAY 14 EXTENDING THROUGH US HIGHWAY 12 UNTIL THE EAST AND WEST RIGHT-OF-WAY LINES INTERSECT WITH THE NORTHERN BOUNDARY OF US HIGHWAY 12, BROWN COUNTY, SOUTH DAKOTA; and That portion of Meadowlark Acres with the boundary described as: MEADOWLARK ACRES ADDITION TO ABERDEEN, IN THE NW ¼ OF SECTION 22-T123N-R63W OF THE 5TH P.M., BROWN COUNTY, SOUTH DAKOTA, EXCLUDING BLOCK 6, LOT 1. and that the specific lots to be included in said Tax Incremental District No. 25 and district boundaries are as set forth and identified in amended Project Plan, which plan is expressly incorporated herein by reference, on file in the office of the City Finance Officer of the City of Aberdeen, South Dakota, located at 123 South Lincoln Street, Aberdeen, South Dakota 57401 and in the office of the Planning and Zoning of the City of Aberdeen, South Dakota, located at 123 South Lincoln Street, Aberdeen, South Dakota 57401; and BE IT FURTHER RESOLVED that such Tax Incremental District No. 25 contains property not less than 25% by area of which is unique; nature and design of the property limits restricts the useful purpose; defective or inadequate street layout; lack of use in relationship to size, adequacy, accessibility, and usefulness in that such area significantly and substantially impairs or arrests the solid growth of that area of the City of Aberdeen, South Dakota and constitutes an economic liability in its general present condition and use and that further, the improvement of the area is likely to significantly enhance the value of substantially all other real property within the area and immediately adjacent thereto, and if such Tax Incremental District is created there is a likelihood that there will be additional development in the proposed Tax Incremental District No. 25 enhancing the area and improving the tax bases of the City of Aberdeen; and BE IT FURTHER RESOLVED that the district is hereby created with an effective date of October 24, 2016, subject to any conditions thereon; and BE IT FURTHER RESOLVED that the district shall be named and designated as Tax Incremental District No. 25 of the City of Aberdeen, South Dakota; and BE IT FURTHER RESOLVED that the Project Plan approved by the Planning Commission of the City of Aberdeen, South Dakota, at its regular meeting held on October 18, 2016, be and the same is hereby approved and adopted and such plan is feasible and in conformity with the master plan of the City of Aberdeen, South Dakota, a municipal corporation of the State of South Dakota; and BE IT FURTHER RESOLVED that a Development Agreement setting forth the rights and responsibilities of the developer of the Project Plan shall be executed by the City of Aberdeen and the developer as a condition for the creation of the Tax Incremental District No. 25; and BE IT FURTHER RESOLVED that the aggregate assessed valuation of the taxable property in the district plus the tax incremental base of all other existing districts does not exceed 10% of the total assessed value of taxable property in the City of Aberdeen, South  16813 Dakota. All present voting aye, motion carried. HEARING ON ALCOHOLIC BEVERAGE LICENSES This being the time and place set for a hearing on an application for Special One-Day Liquor Licenses for Yelduz Shriners at 802 South Main Street, recommendations to approve were received, Ronanye moved, Remily seconded to approve the Special One-Day Liquor Licenses on November 12 and November 26, 2016 for the Yelduz Shriners at 802 South Main Street. All present voting aye, motion carried. REQUEST FOR USE OF LIBRARY FUNDS A request from Shirley Arment, Library Director, for use of library funds to purchase security detection and self check-out system and related services for the Alexander Mitchell Library was presented. Rux moved, Ronayne seconded to approve the request for use of library funds in the total amount of $95,991.52 to purchase from Bibliotheca+3M a security detection and self check-out system and related services for the Alexander Mitchell Library. All present voting aye, motion carried. BILLS Johnson moved, Bunsness seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Borns Group 4,001.13; Fleet Services 193.99; Physio-Control Inc 13,647.96; TSI Inc. 10,525.82; Aberdeen Area Arts Council 12,500.00; SD Dept. of Health 75.00; Best Western Ramkota Hotel 3,455.64; SD Dept. of Transportation 1,999.08; UPS 72.99; Morrison Construction 9,165.29; Northwestern Energy 10,867.73; Carol Sieler 25.55; Sharon Fredrickson 25.88; Kris Tunby 23.38; Joseph Mcallister 36.95; Elizabeth Bollinger 70.04; Kirk Bender 500.00; B & B Contracting 328,196.75. Upon roll call, all present voting aye, motion carried. There being no further business, Remily moved, Bunsness 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, October 25, 2016, 8:45 a.m., Joint City/County Meeting. Deputy Mayor Rob Ronayne presiding. City Councilors present were David Bunsness, Todd Campbell, Alan Johnson, and Mark Remily. Brown County Commissioners present were Tom Fischbach, Doug Fjeldheim, Nancy Hansen, Duane Sutton, and Rachel Kippley. City Staff present were Brett Bill and Karl Alberts. County Auditor Maxine Fischer was present. ORDINANCE NO. 16-10-02 Ordinance No. 16-10-02 to rezone from (A-1) District to (M-AG) District property described as Lots 1 and 2, Rohr Third Subdivision in the SW ¼ of Section 36, T124N, R64W of the 5th P.M., Brown County, SD (12989 and 12993 Rohr Drive) was presented. Remily moved, Bunsness seconded to approve first reading of Ordinance No. 16-10-02. Upon roll call, all present voting aye, motion carried. Sutton moved, Fjeldheim seconded to approve first reading of Ordinance No. 16-10- 02 (460) as presented. All voting aye, motion carried. 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.