Aberdeen City Council

16830 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, November 21, 2016, at 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, Jay Tobin, Janel Ellingson, and John Weaver. Mayor Levsen led the Pledge of Allegiance. MINUTES Slaight-Hansen moved, Johnson seconded to approve the minutes of November 14, 2016, as circulated. All voting aye, motion carried. PROCLAMATION Mayor Levsen read and proclaimed November 26, 2016 as “Small Business Saturday”. OPEN FORUM – Lucas Murray was present to discuss fishing at the Elm River near the Water Treatment Plant. OLD BUSINESS ORDINANCE NO. 16-11-02 Ronayne moved, Slaight-Hansen seconded to approve second reading and final adoption of Ordinance No. 16-11-02 revising the City Code to provide for chickens within the City’s jurisdiction. Ronayne moved, Campbell seconded to amend to include “a height of five feet above” in Section 8-14 (j) and defining cockerels in Section 8-11. Upon roll call, all voting aye, motion carried. Bunsness moved, Olson seconded to amend Section 8-12 and add Section 8-16 to require an application and issued permit. Upon roll call, Remily, Ronayne, Campbell, Slaight-Hansen, and Johnson voting nay, Bunsness, Olson, Rux, and Mayor Levsen voting aye, motion fails. Bunsness moved, Rux seconded to amend Section 8-14 (b) to limit the number of brooding chicks and hens to 8 or 12 depending on lot size. Upon roll call, Rux, Olson, Bunsness, and Mayor Levsen voting aye, Johnson, Slaight-Hansen, Campbell, Ronayne, and Remily voting nay, motion fails. Bunsness moved, Olson seconded to amend Section 8-14 (j) that chickens be confined so as not to be visible to the traveling public or surrounding property owners. Upon roll call, Remily, Ronayne, Campbell, Slaight- Hansen, Johnson, and Rux voting nay, Bunsness, Olson, and Mayor Levsen voting aye, motion fails. Bunsness moved to amend Section 8-44 to limit total numbers of animals. Motion fails for lack of second. Olson moved, Bunsness seconded to amend Section 8-14 (d) (1) to strike “or side”. Upon roll call, Rux, Johnson, Slaight-Hansen, Campbell, Ronayne, Remily, and Mayor Levsen voting nay, Olson and Bunsness voting aye, motion fails. Olson moved, Rux seconded to amend Section 8-14 (h) that dead chickens be disposed of within 48 hours and slaughtering of chickens must not be visible to the public. Upon roll call, Remily, Ronayne, Campbell, Johnson, Bunsness, Olson, Rux, and Mayor Levsen voting aye, Slaight- Hansen voting nay, motion carried. Olson moved, Bunsness seconded to amend to add Section 8-14 (k) to require neighbors consent. Upon roll call, Rux, Olson, and Bunsness voting aye, Johnson, Slaight-Hansen, Campbell, Ronayne, Remily, and Mayor Levsen voting nay, motion fails. Rux moved, Bunsness seconded to amend Section 8-14 (f) dealing with handling and disposal of waste. Upon roll call, Remily, Campbell, Johnson, Bunsness, Olson, Rux, and Mayor Levsen voting aye, Ronayne and Slaight-Hansen voting nay, motion carried. Rux moved, Bunsness seconded to add Section 8-14 (k) dealing with sale of eggs. Upon roll call, Rux voting aye, Olson, Bunsness, Johnson, Slaight-Hansen, Campbell, Ronayne, Remily, and Mayor Levsen voting nay, motion fails. Rux moved, Bunsness  16831 seconded to amend Section 8-14 (b) to strike the last sentence “Residents may possess a like number of brooding chicks intended for the cyclical replacement of hens, but not for the purpose of sale or resale”. Upon roll call, Remily, Ronayne, Campbell, Slaight-Hansen, Johnson, and Mayor Levsen voting nay, Bunsness, Olson, and Rux voting aye, motion fails. There being no further amendments offered, Mayor Levsen called the vote. Upon roll call for second reading as amended and final adoption of Ordinance No. 16-11-02, Rux, Olson, Bunsness, and Mayor Levsen voting nay, Johnson, Slaight-Hansen, Campbell, Ronayne, and Remily voting aye, motion carried. ORDINANCE NO. 16-11-03 Olson moved, Campbell seconded to approve second reading and final adoption of Ordinance No. 16-11-03 providing for the fixing of wages of City Officials and Employees for the year 2017. Upon roll call, all voting aye, motion carried. CONSENT CALENDAR Ronayne moved, Slaight-Hansen seconded to approve the following items on the consent calendar: PLATS – 1) Plat of Briscoe Second Addition to Aberdeen in the SE ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, SD (224 First Avenue, SE); 2) Plat of S & B Parking Lot Addition to the City of Aberdeen, SD (613 South State St.). All voting aye, motion carried. NEW BUSINESS BIDS FOR CHEMICALS Bids were received and publicly opened on November 8, 2016 for the 2017 Water Treatment Chemicals. A detailed list of the bids is on file at the City Finance Office. Bunsness moved, Ronayne seconded to award the Water Treatment Chemical Bids as recommended by the Water Treatment Superintendent and authorize the City Manager and City Finance Officer to sign all necessary documents after approval by the City Attorney. All voting aye, motion carried. CHANGE ORDER/PAYMENT FOR EIGHTH AVE PROJECT Campbell moved, Ronayne seconded to approve and authorize the City Manager to sign Change Order #3 in the amount of $44,727.95 and Payment Request #6 in the amount of $122,221.29 for Reede Construction for work performed on the Eighth Ave. Reconstruction Project (ST-2016-1). Upon roll call, all voting aye, motion carried. PAYMENT REQUEST FOR THIRD AVE PROJECT Johnson moved, Olson seconded to approve and authorize the City Manager to sign Payment Request #4 in the amount of $10,065.06 for BX Civil & Construction for work performed on the Third Ave., SE Street Improvements Project (ST-2016-2). Upon roll call, all voting aye, motion carried. BILLS Bunsness moved, Johnson seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 11,158.51; Aberdeen Community Theatre 7,500.00; United Parcel Service 304.53; Jessica Harms 630.00; Tanner Flack 630.00; Borns Group 4,021.73; First National Bank 1,140,316.25; Dependable Sanitation, Inc. 15,274.00; Direct Automation LLC 132,908.40; Morrison Construction 45,165.12; Aud Rentals, LLC 48.37; Anthony Wachs 88.23; Derek Simon 62.90; Ellsbee Estates, LLC 38.44; Dean Salzsieder 26.00; Hayden Properties 40.41. 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.