Aberdeen City Council

16824 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, November 14, 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, Clint Rux, and Jennifer Slaight-Hansen. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, John Weaver, Dave McNeil, and Kevin VanMeter. Mayor Levsen led the Pledge of Allegiance. MINUTES Rux moved, Johnson seconded to approve the minutes of November 7, 2016, as circulated. All voting aye, motion carried. OPEN FORUM – Jennifer Sietsema was present from NECOG to discuss the mitigation plan. Thirty people were in attendance along with council members. OLD BUSINESS ORDINANCE NO. 16-11-01 Ronayne moved, Remily seconded to approve second reading and final adoption of Ordinance No. 16-11-01 revising Chapter 14 of the City Code regarding Home Day Care Licensing and Operation. Upon roll call, all voting aye, motion carried. CONSENT CALENDAR Johnson moved, Slaight-Hansen seconded to approve the following items on the consent calendar: LICENSES – Advertising/Sign Hanging – ACE Neon Signs & Service, Inc.; Home Day Care – Amanda Weaver; Residential Building Contractor – Edmund Garcia dba EG Construction SET HEARING DATE – of November 28, 2016 at 5:30 p.m. for the following requests for alcoholic beverage licenses: Special One-Day Retail On-Sale Liquor License on December 2, 2016 for Yelduz Shriners dba Country Western Concert, 802 South Main Street; Transfer of Retail On-Sale Liquor License – from Sunrise Loan Inc. dba 2220 – 6th Avenue, SE #3 (Inactive) to ZBC, Inc. dba 2220 – 6th Avenue, SE #3 (Inactive); Transfers of Retail On-Sale Liquor and Retail On-Off Sale Malt Beverage Licenses from Front Stop Inc. dba Lucky’s Drinkery, 420 South Main Street to ZBC, Inc. dba Lucky’s Drinkery, 420 South Main Street. LOTTERY NOTICE – Presentation College – receive and place on file. All voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 16-11-02 The City Attorney reviewed Councilor Ronayne’s version of Ordinance No. 16-11-02 revising the City Code to provide for chickens within the City’s jurisdiction. Catherine Falk and Emily Fischer were present in support of the proposed ordinance. The City Attorney then presented the city administration’s version of the ordinance. Ronayne moved, Slaight- Hansen seconded to present for discussion and first reading the city administration’s version of Ordinance No. 16-11-02. Upon roll call, Rux, Olson, and Bunsness voting nay, Johnson, Slaight-Hansen, Campbell, Ronayne, Remily and Mayor Levsen voting aye, motion carried. Slaight-Hansen then moved, Ronayne seconded to amend Section 8-14 (j) of the ordinance by deleting “so as not to be visible” and adding “so that visibility is substantially obstructed”. Upon roll call, Rux, Olson, Bunsness, and Mayor Levsen voting nay, Johnson, Slaight- Hansen, Campbell, Ronayne, and Remily voting aye, motion carried. Rux moved, Bunsness seconded to amend Section 8-14 (b) changing from 12 hens to “6 hens and 2 brooding chickens”. Upon roll call, Remily, Ronayne, Campbell, Slaight-Hansen, Johnson, and Mayor Levsen voting nay, Bunsness, Olson, and Rux voting aye, motion failed. Rux moved,  16825 Bunsness seconded to amend Section 8-14 (c) deleting “Roosters are prohibited” and adding “Roosters and chicken breeding are prohibited. Cockerels must be culled from broods when identified”. Motion passed by voice vote. Rux moved, Bunsness seconded to amend Section 8-14 (d) adding (5), “Coops or cages housing chickens shall be kept at least 20 feet from the door or window of any dwelling of an occupied structure other than the owner’s dwelling”. Upon roll call, Rux, Olson, Bunsness, Johnson and Mayor Levsen voting aye, Slaight- Hansen, Campbell, Ronayne, and Remily voting nay, motion passed. Rux moved, Ronayne seconded to amend Section 8-14 (d) adding (6), “Coops and manure storage shall be kept 20 feet from streams, tributaries, ditches, storm water management facilities, drop inlets, or other storm drainage areas that would allow fecal matter to enter any city storm drainage system or stream. Dumping chicken manure into the city’s storm drainage system is prohibited”. Motion passed by voice vote. Rux moved, Bunsness seconded to amend Section 8-14 (d) adding (7), “Selling of manure is prohibited. Storage of chicken manure is not permitted within 20 feet of the property line except for composting”. Upon roll call, Remily, Ronayne, Campbell, Slaight-Hansen, and Johnson voting nay, Bunsness, Olson, Rux, and Mayor Levsen voting aye, motion failed. Bunsness moved, Olson seconded to amend Section 8-14 (d) (2) adding “Such structures will still require a zoning permit as specified by City Code Sec. 12-49 (1)”. Upon roll call, Rux, Olson, Bunsness, Johnson, and Mayor Levsen voting aye, Slaight-Hansen, Campbell, Ronayne, and Remily voting nay, motion carried. Bunsness moved, Olson seconded to amend Section 8-14 (j) by deleting “Chickens shall be kept so that visibility is substantially obstructed at ground level to the traveling public or surrounding property owners” and substituting “Chickens shall be confined in a manner not visible to the traveling public or surrounding property owners”. Upon roll call, Remily, Ronayne, Campbell, Slaight-Hansen, and Johnson voting nay, Bunsness, Olson, Rux, and Mayor Levsen voting aye, motion failed. Bunsness moved, Rux seconded to add Section 8-16 - “Application” – and requiring that an application be made to the finance officer. Upon roll call, Rux, Olson, Bunsness, and Mayor Levsen voting aye, Johnson, Slaight-Hansen, Campbell, Ronayne, and Remily voting nay, motion failed. Bunsness moved to amend Section 8-44 deleting “No more than three adult dogs or four adult cats maybe kept in any dwelling unit within the city. A mix of dogs, cats, or any other type of creature, excluding pigeons, chickens, and fish, may not exceed four total. Offspring of the creatures currently owned by be kept in excess to this number until they reach the age of three months” and substituting “A mix of dogs, cats or any other type of creature, excluding fish, may not exceed four total. An exception will be made for any individual with a chicken permit. The limit will be specified in Sec. 8-14 (b) with no other animals or creatures allowed”. Motion failed for lack of second. There being no further amendments offered, Mayor Levsen called the vote. Upon roll call for first reading of Ordinance No. 16-11-02 as amended, Rux, Olson, and Bunsness voting nay, Johnson, Slaight-Hansen, Campbell, Ronayne, Remily, and Mayor Levsen voting aye, Ordinance No. 16-11-02 passed first reading. ORDINANCE NO. 16-11-03 Ordinance No. 16-11-03 to provide for the fixing of wages of City Officials and Employees for the year 2017 was presented. Campbell moved, Ronayne seconded to approve first reading of Ordinance No. 16-11-03. Upon roll call, all voting aye, motion carried. AMBULANCE SERVICE AGREEMENT Rux moved, Remily seconded to approve and authorize the Mayor to execute a County-Wide Ambulance Service Agreement between the City of Aberdeen and Brown County. All voting aye, motion carried. BID FOR MOCCASIN CREEK PROJECT A bid was received and publicly opened on November 8, 2016 for the Moccasin  16826 Creek Vegetation Maintenance and Enhancement Project (SS-2016-1). A detailed list of the bid is on file at the City Finance Office. Bunsness moved, Rux seconded to award the Moccasin Creek Project Bid to B & B Contracting, Inc. in the amount of $483,409.50 and authorize the City Manager and City Finance Officer to sign the necessary documents after approval by the City Attorney. All voting aye, motion carried. BIDS FOR BOYD ST. POND PROJECT Bids were received and publicly opened on November 8, 2016 for the Boyd St. Holding Pond Project (SS-2016-2). A detailed list of the bids is on file at the City Finance Office. Ronayne moved, Remily seconded to award the Boyd St. Holding Pond Project Bid to B & B Contracting, Inc. in the amount of $149,171.10 and authorize the City Manager and City Finance Officer to sign the necessary documents after approval by the City Attorney. All voting aye, motion carried. BRIDGE GRANT AGREEMENT Bunsness moved, Johnson seconded to authorize the Mayor to sign the Bridge Grant Agreement with SD Dept. of Transportation regarding Bridge Improvement Grant Funding. All voting aye, motion carried. BILLS Johnson moved, Bunsness seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northern Electric 4,294.99; CenturyLink 3,774.67; Dakotacare 117,660.67; Santanna Mosbrucker 15.00; Boyd Perkins 69.01; Terry Carlson 40.24; Aberdeen School Dist. 1,854.06; American News 5,473.93; Chris Scott 156.00; Aberdeen Chamber of Commerce 325.00; Aberdeen Development Corp 14,166.67; Aberdeen School Dist 16,858.08; Roadway Services Inc 6,860.00; ASPIRE Inc 3,940.86; Beadle Floral & Nursery 320.00; Helms & Associates 2,615.70; MARCO Technologies LLC 529.81; Tom Barstad 156.00; SD Municipal Attorney Assn 35.00; RDO Equipment Co 2,017.57; Brown County Landfill 18,055.60; Brown County Treasurer 4,428.03; Jordan Moench 63.00; KONE Inc 769.02; NDSU Soil Testing Lab 23.90; Dahme Construction 101,245.59; Hawkins Inc 3,050.00; Dakota Electronics 3,012.10; Don’s Builders Hardware 5.00; Dennis Gavin 2,416.35; Dennis Gavin-Reimbursemt 3,255.32; Eddie’s Northside Sinclair 187.00; Quality Welding Inc 306.09; Cole Papers Inc 501.11; Farm Power Mfg Inc 33.76; GCR Tires & Service 111.00; OfficeMax Inc 330.27; Jensen Rock & Sand Inc 622.00; CarQuest Auto 127.90; Direct Automation LLC 4,860.30; Hedahls Inc 299.56; CASH-WA Distributing 7.00; MARCO Inc 230.99; NTOA 150.00; Kesslers Inc 74.03; Aberdeen Taxi Service 243.00; Lawson Products Inc 560.56; Steven Lust Automotive 182.00; MAC’s Inc 282.36; Robin O-Neill 202.96; Sanford Health Occupational Medicine Clinic 1,042.25; GFOA 375.00; Farnums Genuine Parts 275.38; Sean Spencer 55.65; A & B Business Solutions 62.71; Safety Benefits Inc 65.00; Parcel Erickson Texaco 175.00; Dakota Supply Group 854.09; Graymont Capital Inc 19,857.54; Midstates Group 2,576.09; Best Western Ramkota 330.00; Cross Country Freight Solutions, Inc 80.45; Safety Service Inc 314.20; Avera St Luke’s Hospital 334.96; SHARE Corp 1,721.90; Sheehan Mack Sales & Equipment Inc 117.60; Crawford Trucks & Equipment 2,004.68; SD Div of Motor Vehicles 57.40; Keith Sharisky 488.00; Stan Houston Equipment Inc 163.05; J & K Mowing Service 37.35; Town & Country Lumber Inc 16.99; Western Area Power Adm 9,125.01; Wright & Sudlow 39,099.45; Fastenal Co 1,941.08; Shane Franks 40.00; John David Rohrbach 112.00; Aberdeen Awards 5.50; Totally Tubular Mfg 90.07; Blair Scoular 64.00; Universal Acoustic & Emission Technologies, Inc 1,438.02; Mattern Electric 846.94; North Wind Machine 180.00; Jerke Irrigation 8,521.45; Scott Kusler 220.00; Olson’s Pest Technicians 1,800.00; Robert Graham 53.00; Davin Johnson 64.00; Dependable Sanitation, Inc 649.00; Dakota Ink & Toner 589.92; Davis Instruments 372.31; Taylor Laundry 96.50; Performance AG Services  16827 325.00; Electric Pump 7,154.37; SD Dept Health Lab 1,213.00; PHYSIO-CONTROL Inc 374.85; Titan Access Access/Productivity Plus Acct 2,823.11; Hoven Auto Repair 124.80; Executive Management 209.30; Pierson Ford-Lincoln-Mercury 184.92; Safariland LLC 205.00; Austin Vaughan 87.00; Weigel Construction 1,069.90; North Central Farmers Elevator 1,254.94; Jamie Langerock 15.00; Traffic Control Corp. 6,411.00; Barton Heating & A/C Inc 4,141.23; SD Dept of Revenue 13,982.54; Rick’s Heating/Air Conditioning 3,393.88; Ken Hubbart 186.36; Northern Valley Communications 1,100.76; Kirks’ Auto 2,708.17; Lien Transportation Co 22,688.40; POET Ethanol Products 3,433.01; McMaster- CARR Supply Co 717.72; Dr Steve Redmond 500.00; Northwestern Energy 2,327.35; James River Water 80.07; SD One Call 384.16; DETCO 2,393.25; Lutheran Social Services 180.00; Printiss Sizer 80.00; Maloney & Maloney 1,800.00; Northern Plains Committee 37.50; Menards 926.45; Ken’s Major Appliance & Refrigeration 86.00; Allegiant Emergency Services, Inc 151.18; Dezurik Inc 1,876.00; AQUA Pure Inc 2,444.50; Convention Visitors Bureau 37,572.38; Dakota Fluid Power Inc 15,417.00; Borns Group 1,293.55; Mike Levsen 135.24; AT & T Cell 485.42; Eric Paul 145.00; Double D Body Shop 174.20; NCL of Wisconsin 970.58; Ferguson Waterworks 699.73; BHS Marketing LLC 14,040.33; Matheson Tri-Gas Inc 152.23; Earthbend, LLC 3,935.00; Aberdeen Shuttle 81.00; Dylan Traufler 156.00; Jeff Neal 37.00; Forest Rux 45.97; Galls Inc 876.56; Anthony Morrissey 96.00; Premier Specialty Vehicles, Inc 26.77; Dakota Oil 72.20; NALCO Company 252.31; DSS Image Apparel 1,926.75; North Central Rental 11,216.94; MVTL Lab 573.00; IPMA 159.00; Ragan Communications Inc 90.04; Howes Oil Co., Inc 32,226.12; Steve Markley 154.00; Kerry Wenbourne 154.00; SD State Treasurer 240.00; Ed M Feld Equipment Co 4,508.00; Aberdeen Chrysler Center 277.61; Nielsen’s 20.34; Midcontinent Communications 165.00; Dave McNeil 32.00; Brad Jung 180.00; Jessica Harms 15.00; Curt Fredrickson 104.00; Butler Machinery Co 2,010.70; JGE Rental Equipment 28.00; GRAINGER 245.81; Sanitation Products Inc 1,805.67; Darcy Schock 15.00; Geffdog Designs 1,505.46; Cooper Animal Clinic 100.00; Dustin Kamphuis 253.35; Ron Wager 708.71; Ameripride Services Inc 619.77; Mario Gourde 49.83; Country Concrete/Landscaping 970.95; The Training Place 2,217.70; Brant Winter 57.00; LexisNexis Risk Solutions 50.00; Wired Blue, LLC 800.00; J Gross Equipment 359.95; Harlow’s Bus Sales, Inc 69.79; G & R Controls Inc 2,750.00; Tri- State Water, Inc 67.00; 121 Benefits 735.00; Kayla Duncan 26.88; Johnathon Pantzlaff 407.71; Mitch Aman 297.38; The Police Chaplain Program 2,000.00; Northern Plains Psychological 180.00; Aberdak Club 582.50; Stuart Donaldson 15.00; United Truck & Equipment 1,248.00; Brad Wolf 116.00; K-9 Kondo, Inc 614.90; Traffic Signs 667.05; CH Diagnostic & Consulting Services, Inc 745.00; ASCO Services, Inc 69.45; Matthew Rohrbach 80.00; Daniel Orr 16.00; Luke Bunke 96.00; Machining Services, Inc 500.82; Forterra Pipe & Precast 2,773.83; AR500 ARMOR 2,556.80; Brian Jarvis 276.60; Dennis Joy 276.60; Rebecca Kuck, LPC 900.00; Runnings Supply Inc 940.01; Interstate Battery 1,541.60; Kevin VanMeter 49.38; Graig Pfitzer 500.00; MBC, LLC 500.00; Dale Prouse 500.00; Herb Griffith 79.50. Upon roll call, all voting aye, motion carried. PAYROLL Remily moved, Slaight-Hansen seconded to approve the payroll for the period from October 30, 2016 through November 12, 2016 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 124,355.91; SD Retirement 68,277.93; Governing Body 3,192.28; City Manager 7,349.11; City Attorney 6,091.85; Finance 12,611.64; HR 7,956.00; Building 388.24; Computer 4,253.19; Planning/Zoning 11,248.95; Engineering 11,439.00; Police 114,871.22; Fire 92,775.09, Jesse Rystrom 18.45 hr; Fire Prevention 4,444.24; Housing/Building 5,877.75; Street 28,029.90; Traffic 4,697.11; Solid Waste 17,612.15; Transportation/Ride Line 16,901.88, Library  16828 23,822.50; Parks, Rec & Forestry 88,756.64, Julia Barnett 9.50 hr, Christian Berbos 9.25 hr, Joshua Braddock 8.75 hr, Alexis Doerr 9.75 hr, Shanae Doerr 8.75 hr, Zoey Gab 8.75 hr, Kevin Gross 9.75 hr, Kennedy Kampa 8.75 hr, Joseph Murtagh IV 9.00 hr, Roger Privratsky 9.25 hr, Megan Ulmer 9.50 hr; Airport 15,288.32; Pipe 21,448.24; Water Treatment 18,839.98; Meter 2,618.40; Water Reclamation 19,181.16; Pump 7,856.48; Old Federal Crths Bldg 1,580.00. Upon roll call, all voting aye, motion carried. There being no further business, Ronayne moved, Remily seconded that the meeting be adjourned. All voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer.