Aberdeen City Council

16962 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, June 26, 2017, 2017, 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, Alan Johnson, Dave Lunzman, Dennis “Mike” Olson, Mark Remily, Rob Ronayne, Clint Rux, and Jennifer Slaight-Hansen. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Ken Hubbart, Jordan McQuillen, Dave McNeil, Randy Meister, and Mike Eliason. Mayor Levsen led the Pledge of Allegiance. MINUTES Bunsness moved, Rux seconded to approve the minutes of June 19, 2017, as circulated. All voting aye, motion carried. OPEN FORUM – Fire Chief Randy Meister and Lt. Mike Eliason presented information on a new Citizen’s Fire Academy Program sponsored by the Aberdeen Fire & Rescue Department. Toby Royer of Sheehan Mack Sales & Equipment was present for the recommendation on the Airport Snow Removal Equipment Bid to be discussed later in the meeting. CONSENT CALENDAR Johnson moved, Bunsness seconded to approve the following items on the consent calendar: DESIGNATIONS FOR JULY 2017 to JUNE 2018: Official Depositories - Aberdeen Federal Credit Union, Cortrust Bank, Dacotah Bank, Great Western Bank, Great Plains Bank, Healthcare Plus Federal Credit Union, Plains Commerce Bank, SD Public Funds Investment Trust, US Bank, and Wells Fargo Bank; Official Newspaper – American News; Deputy Mayor – Rob Ronayne SET HEARING DATE – of July 24, 2017 at 5:30 p.m. for a petition to rezone from (C-1)/(R- 4) Districts to (R-2) District for the North 5’ of Lot 11 and Lot 12 and the South 10’ of Lot 13, Block 37, Thomas Addition in the NW ¼ of Section 24, T123N, R64W of the 5th P.M., Aberdeen, Brown County, South Dakota (1205 South Main Street). SET HEARING DATE – of July 17, 2017 at 5:30 p.m. for a Petition to Vacate Public Right- Of-Way for the entire 60’ Wide Lee Street Public Right-Of-Way commencing at the North Side of 27th Avenue, NE Public Right-Of-Way and continuing North 155.66’ to point of termination. PLATS – 1) HAPI Fifth Central Subdivision to Aberdeen in the W ½ of the NE ¼ of Section 30, T123N, R63W of the 5th P.M., Brown County, South Dakota (South Lawson Street, South Merton Street, and 24th Avenue, SE); 2) Homes Are Possible 2017-3 Subdivision in Aberdeen, South Dakota (1009 South Lloyd Street); Roosevelt Estates Fifth Subdivision to Aberdeen in the SE ¼ of Section 19, T123N, R63W of the 5th P.M., Brown County, South Dakota (2309 – 17th Avenue, SE); Brett Hanson Addition to the City of Aberdeen, South Dakota (625 and 701 – 8th Avenue, SE); Performance Rentals Third Subdivision in the SW ¼ and NW ¼ of Section 21, T123N, R64W of the 5th P.M., Brown County, South Dakota (38422 W. Hwy 12 and 13340 – 384th Avenue); 6) Daniel Lipp Subdivision in the SW ¼ of Section 3, T123N, R64W of the 5th P.M., Brown County, South Dakota (2606 and 2616 – 24th Avenue, NW); 7) Ludwig-Christensen Subdivision in the SE ¼ of Section 33, T124N, R64W of the 5th P.M., Brown County, South Dakota (38460 and 38466 – 130th Street). LICENSE – Taxi Cab Driver – Brandon Holler REQUEST FOR STREET USE – 4th Avenue, SW between South 2nd Street and South 3rd Street on July 8, 2017 for Disabled American Veterans’ Poker Run/Bike & Car Show DEPARTMENTS’ BOARDS REPORTS AND MINUTES – Aberdeen Airport Board Meeting Minutes, Aberdeen City Planning Commission Meeting Minutes, Board of Zoning  16963 Adjustment Meeting Minutes, Brown County/Aberdeen City Planning Commission Meeting Minutes, Park & Recreation Board Meeting Minutes – receive and place on file. All voting aye with Ronayne abstaining, motion carried. NEW BUSINESS ORDINANCE NO. 17-06-01 Ordinance No. 17-06-01 amending Ordinance No. 1164 to rezone from (R-2) District to (C-2) District for proposed Lot 1, Lamont Eleventh Addition in the S ½ of the NE ¼ of Section 20, T123N, R63W of the 5th P.M., Brown County, South Dakota (1104 South Melgaard Road) was presented. Rux moved, Bunsness seconded to approve first reading of Ordinance No. 17-06-01. Upon roll call, all voting aye, motion carried. ORDINANCE NO. 17-06-02 Ordinance No. 17-06-02 amending Ordinance No. 1164 to rezone from (C-1) District to (C-1)/(R-4) Districts for Lot 6, Block 15, Sullivan & Easton Addition in the SW ¼ of Section 12, T123N, R64W of the 5th P.M., Aberdeen, Brown County, South Dakota (801 North First Street) was presented. Bunsness moved, Johnson seconded to approve first reading of Ordinance No. 17-06-02. Upon roll call, all voting aye, motion carried. TAX INCREMENT FINANCE DISTRICT Tax Increment Finance District No. 27 Project Plan for Homes Are Possible, Inc. for the Southern End of HAPI Central Subdivision (South Lawson Street, South Merton Street, and 24th Avenue, SE) and Resolution No. 17-06-04R for the Tax Increment Finance District was presented. Ronayne moved, Bunsness seconded to approve the following Resolution No. 17-06-04R with the City Attorney’s amendments to include the TIF June 26, 2017 effective date and an execution of a development agreement by the City of Aberdeen and the developer as a condition for the creation of the TIF: RESOLUTION CREATING TAX INCREMENTAL DISTRICT NO. 27 WHEREAS, a public hearing was held before the Planning Commission of the City of Aberdeen, South Dakota, on June 20, 2017, 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 creation of Tax Incremental District No. 27 and its proposed boundaries and; WHEREAS, the Planning Commission of the City of Aberdeen did at its regular meeting on June 20, 2017, pass a resolution establishing the boundaries of such 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. 27 and; WHEREAS, the Planning Commission of the City of Aberdeen, South Dakota, at its regular meeting on June 20, 2017, held in the Courthouse Basement in the Brown County Courthouse at 25 Market Street, Aberdeen, South Dakota, did pass a Resolution adopting the Project Plan for the proposed Tax Incremental District No. 27 and did recommend to the City Council of the City of Aberdeen, South Dakota, that it approve and adopt the 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: 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. 27 be and the same are hereby designated as: Homes Are Possible Fifth Central Subdivision to Aberdeen in the W ½ of the  16964 NE ¼ of Section 30, T123N, R63W of the 5th P.M., Brown County, South Dakota and that the specific lots to be included in said Tax Incremental District No. 27 are as set forth and identified in the Project Plan on file in the office of the City Finance Officer of the City of Aberdeen, South Dakota, located at 123 S. Lincoln Street, Aberdeen, South Dakota 57401-4215 and in the office of Planning and Zoning of the City of Aberdeen, South Dakota, located at 123 South Lincoln Street, Aberdeen, South Dakota 57401-4215. BE IT FURTHER RESOLVED that such Tax Incremental District No. 27 contains property not less than 25% by area of which is blighted because of faulty layout deterioration, lack of attention and general unrepaired and unattended normal wear and tear and lack of usage 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 enhance significantly the value of substantially all other real property within the area and immediately adjacent thereto, and if such tax incremental district is created that there is likelihood that there will be residential homes in the proposed Tax Incremental District No. 27 enhancing the area and improving the tax base of the City of Aberdeen. BE IT FURTHER RESOLVED that the district is hereby created with an effective date of June 26, 2017, subject to any conditions thereon. BE IT FURTHER RESOLVED that the district shall be named and designated as Tax Incremental District No. 27 of the City of Aberdeen, South Dakota. 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 June 20, 2017, be and the same is hereby approved and adopted and that such plan is feasible and in conformity with the master plan of the City of Aberdeen, South Dakota, and municipal corporation of the State of South Dakota. 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 Tax Incremental District No. 27. 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 Dakota. All voting aye, motion carried. DISCUSSION ON SIDEWALK ORDINANCE AMENDMENTS A discussion was held on possible ordinance amendments to Chapter 46, Article III Sidewalks, Sections 127 – 159 to be considered by the City Council at a later scheduled date after being assembled by City Administration. A question discussed was who takes the responsibility of paying the costs for the sidewalks. City Manager Lynn Lander presented information on properties that do not have sidewalks. No action was taken. CHANGE ORDER/PAYMENT FOR ACCESS QUADRANT IMPROVEMENTS Bunsness moved, Olson seconded to approve and authorize the City Manager to sign Change Order #2 in the amount of $7,149.60 and Payment Request #2 in the amount of $56,582.01 to DeGroot Concrete for work on the Accessible Quadrant Improvements Project (CONC-2017-2). Upon roll call, all voting aye, motion carried. REAPPOINTMENT TO AIRPORT BOARD Johnson moved, Slaight-Hansen seconded to approve to reappoint Lon Gellhaus to the Aberdeen Airport Board for another five-year term ending June 30, 2022. All voting aye,  16965 motion carried. BID FOR AIRPORT SNOW REMOVAL EQUIPMENT A bid was received and publicly opened on June 23, 2017 at 9:00 a.m. for AIP #3-46- 0001-37-2017 Airport Snow Removal Equipment. A detailed list of the bid from M-B Companies, Inc. is on file at the City Finance Office. Toby Royer of Sheehan Mack Sales & Equipment/Oshkosh asked the council to reject the bid because he claimed that Sheehan Mack Sales & Equipment/Oshkosh didn’t have a fair and just opportunity to bid. City Attorney Ron Wager stated that proper procedure was used in providing public notice for the Airport Equipment Bid. The bid received from M-B Companies, Inc. does comply and is within a reasonable price. Ronayne moved, Bunsness seconded to approve to tentatively award the Bid for the AIP #3-46-0001-37-2017 for the purchase of Two MB-5s Multi- Tasking Snow Removal Equipment (SRE) from M-B Companies, Inc. in the total amount up to $1,275,000 contingent upon receipt of SD DOT approval and receipt of FAA Grant Offer and authorize the City Manager to sign all necessary paperwork for the grant application and contract documents. All voting aye, motion carried. BILLS Slaight-Hansen moved, Remily seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Chris Frost 11,666.46; Neil & Joan Bellikka 67,844.68; Business Improvement District 4,217.97; Boys & Girls Club 7,075.01; Northwestern Energy 19,183.19; Wellmark Blue Cross/Blue Shield 80,000.00; ETS Corp. 803.00; Dacotah Bank 3,700.00; Plug N Pay 1,000.00; Infintech 1,000.00; Borns Group 4,109.96; J & K Mowing Service 366.67; Direct Automation LLC 59,311.33; Banner Associates Inc. 2,849.00; United Parcel Service 171.50; Fleet Services 130.69; Konica Minolta 126.85; Westin Kropuenske 41.21; Sub-Thirty Ventures 31.37; Rory Haar 28.29; Elizabeth Hannum 40.38; Ken Dohn 99.30; KADB, LLC 41.15; Jessica Sundberg 41.49; Aberdeen Housing 26.53; Michael Dahl 54.11; Rick Sorensen 55.23; Catherine Allred 41.19; Nick Altiere 34.21; Ray Lerew 22.54; Doug Berkhouse 125.00; Kathy Mitzel 27.80; Tony Freeman 25.00; CVB 27,163.64. Upon roll call, all voting aye, motion carried. PAYROLL Johnson moved, Bunsness seconded to approve the payroll for the period from June 11, 2017 through June 24, 2017 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 179,589.74; SD Retirement 69,337.02; Governing Body 3,192.28, Dave Lunzman 326.92 bw; City Manager 7,726.71; City Attorney 6,490.75; Finance 13,411.03; HR 8,305.60; Building 276.42; Computer 4,481.29; Planning/Zoning 12,195.35; Engineering 13,439.89; Police 112,926.79, Jeff Neal 24.58 hr; Fire 93,378.22, Tanner Flack 16.71 hr; Fire Prevention 4,958.21; Housing/Building 6,174.55; Street 31,007.25; Traffic 6,344.82; Solid Waste 24,316.12; Transportation/Ride Line 14,356.35, Library 24,461.55, Kim Bonen 21.72 hr, Todd Branson 17.83 hr, Katherine Jensen 15.38 hr, Shirley Kennedy 8.70 hr; Parks, Rec & Forestry 215,322.29, Brooklyn Briscoe 9.00 hr, Nicholas Buras 10.25 hr, Antonio Campanella 10.25 hr, Jasmine Dargatz 10.00 hr, Ron Feickert 11.25 hr, Sadie Hedges 9.00 hr, Allison Johnston 10.25 hr, Russel Kilgore 9.00 hr, 13-24/game, Jerome Letcher 500/week, Jennifer Mesmer 10.00 hr, Alyssa Mielke 10.75 hr, Cole Mortenson 9.00 hr, 13-24/game, 50-56/team, Nathan Perry 9.75 hr, Haley Rheault 10.00 hr, David Rohrbach 13-24/game, Sarah Rozell 10.25 hr, Hannah Schmierer 10.50 hr, Daylin Simon 9.00 hr, 42/team, David Vilhauer 350/league, Jenna Zantow 10.25 hr; Airport 17,714.23; Pipe 46,886.89, Stephanie Deyo 17.83 hr, Jeromy Thorstenson 3,142.77 bw, Travis Weiszhaar 18.73 hr; Water Treatment 25,196.28, Robert Braun 2,847.19 bw; Meter 1,479.89; Water Reclamation 19,403.16; Pump 8,276.23; Old Federal Crths Bldg 1,619.60. Upon roll call, all voting aye, motion carried.  16966 CITY MANAGER’S REPORT Lynn Lander presented the City Manager’s Report. 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/ Jordan McQuillen, Deputy Finance Officer.