Aberdeen City Council

17038 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, October 30, 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, 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, Ken Hubbart, Karl Alberts, and Dave McNeil. Mayor Levsen led the Pledge of Allegiance. MINUTES Slaight-Hansen moved, Johnson seconded to approve the minutes of October 23 and 24, 2017, as circulated. All present voting aye, motion carried. PROCLAMATIONS Mayor Levsen read and proclaimed November 5 – 11, 2017 as the dates designated for the Sale of Buddy Poppies by the Veterans of Foreign Wars to honor the dead by helping the living. Jeff Harms was present to accept the proclamation and describe the program. Mayor Levsen read and proclaimed November 1, 2017 as “Extra Mile Day” and acknowledged individuals in the community that go the extra mile in their personal effort, volunteerism, and service. OPEN FORUM – No one was present. OLD BUSINESS ORDINANCE NO. 17-10-03 Johnson moved, Ronayne seconded to approve second reading and final adoption of Ordinance No. 17-10-03 amending Ordinance No. 1164 to rezone from (M) Municipal, State, and County Use District and (I-2) Unrestricted Industrial District to (M) Municipal, State, and County Use District for property described as Lot 3, Brown County Commissioner’s Second Subdivision to Aberdeen in the SW ¼ of Section 18, T123N, R63W of the 5th P.M., Brown County, South Dakota (1019 First Avenue, SE). Upon roll call, all present voting aye, motion carried. CONSENT CALENDAR Lunzman moved, Remily seconded to approve the following items on the consent calendar: REFER TO CITY ATTORNEY, CITY ENGINEER, AND PLANNING/ZONING DIRECTOR – for review and recommendations on the following petitions of voluntary annexations – Bike Trail Lot 1 and Lot 2 of Lot B, Block 12, Wylie Park Estates Fifth Addition, and Lot 1 of Lot C, Block 12, Wylie Park Estates Fifth Addition in the NW ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, South Dakota (Trails adjacent to Aberdeen Christian School and Aberdeen Health and Rehabilitation); Lot B, except Bike Trail Lot 1 of Lot B and except Bike Trail Lot 2 of Lot B, Wylie Park Estates Fifth Addition to Aberdeen in the NW ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, South Dakota (1419 and 1815 Willow Drive). SET HEARING DATE – of November 13, 2017 at 5:30 p.m. for applications for transfer s of Retail On-Sale Liquor and Package Off-Sale Liquor Licenses from Ronald J. Rivett dba 2020 – 8th Avenue, NE – Suite #11 to Rivett Lodging Aberdeen, LLC dba Aberdeen Super 8 East Motel, 2405 – 6th Avenue, SE. LICENSES – Private Security – Daymon Steuck; Residential Building Contractor – Wade Charlton dba Fusion Services. LOTTERY NOTICE – Sigma Alpha Iota – receive and place on file. DEPARTMENTS’ BOARDS REPORTS AND MINUTES – Aberdeen Airport Board  17039 Minutes; Alexander Mitchell Library Board of Trustees Minutes; board of Zoning Adjustment Minutes; and Park & Recreation Board Minutes – receive and place on file. All present voting aye, motion carried. NEW BUSINESS RESOLUTION NO. 17-10-03R City Engineer Robin Bobzien presented Resolution No. 17-10-03R to accept dedication of essential public facilities in the North Plains Subdivision from the developer North Plains Estates II, Inc. Ronayne moved, Rux seconded to approve the following Resolution No. 17-10-03R: WHEREAS, North Plains Estates II, Inc., a South Dakota Corporation (hereafter referred to as the “Developer”), was the original owner of all of the subdivided real property in those certain recorded plats highlighted on the map attached hereto as Exhibit A and identified as follows (hereafter referred to as the “North Plains II Development”): a. MEHLHOFF’S SIXTH ADDITION TO NORTH PLAINS SUBDIVISION TO THE CITY OF ABERDEEN; b. MEHLHOFF’S EIGHTH ADDITION TO NORTH PLAINS SUBDIVISION TO THE CITY OF ABERDEEN; c. MEHLHOFF’S TENTH ADDITION TO NORTH PLAINS SUBDIVISION TO THE CITY OF ABERDEEN d. MEHLHOFF’S ELEVENTH ADDITION TO NORTH PLAINS SUBDIVISION TO THE CITY OF ABERDEEN, except Drainage Outlot A and Lot 1, Block 1; e. MEHLHOFF’S TWELFTH ADDITION TO NORTH PLAINS SUBDIVISION TO THE CITY OF ABERDEEN; and f. The public streets and rights-of-way contiguous and associated to such additions; and WHEREAS, the North Plains II Development is situated wholly within the real property originally platted as “North Plains Subdivision to the City of Aberdeen” (hereafter referred to as the “Subdivision”), which Subdivision is legally described as: NORTH PLAINS SUBDIVISION TO THE CITY OF ABERDEEN IN THE WEST HALF (W1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION 30, TOWNSHIP 123 NORTH, RANGE 63 WEST OF THE FIFTH P.M., BROWN COUNTY, SOUTH DAKOTA; and WHEREAS, Developer petitions, without compensation, to dedicate to the City of Aberdeen, a South Dakota municipal corporation, and for the City to accept for public use the following essential public facilities in rights of way, utility easements, and public grounds located wholly within the North Plains II Development: a. Water system: b. Sanitary sewer system; c. Storm water drainage and retention system; d. Streets; and e. Curb and gutter. WHEREAS, said essential public facilities are in conformance with the applicable subdivision regulations and meet engineering and construction standards established by the City Engineer, NOW, THEREFORE, BE IT RESOLVED that the City of Aberdeen hereby appropriates and accepts the following dedicated essential public facilities in the North Plains Development: a. Water system; b. Sanitary sewer system;  17040 c. Storm water drainage and retention system, including the wetland which also functions as a retention pond located on Outlot A, Mehlhoff’s Tenth Addition to North Plains Subdivision to the City of Aberdeen; d. Streets; and e. Curb and gutter. BE IT FURTHER RESOLVED that those dedicated public facilities specified above shall hereafter become the property of the City free from all claims from any person or entity and that this Resolution shall operate as a conveyance of each accepted public facility and that each accepted public facility placed within a public or platted right-of-way or dedicated public easement is irrevocable dedicated to the public use without any right of reimbursement or compensation to Developer of any kind; and BE IT FURTHER RESOLVED that Developer shall have no claim, direct or implied, in the title or ownership of the public facilities dedicated to and accepted by the City and that the City hereby takes full title to the public facilities. BE IT FURTHER RESOLVED that the City hereafter shall enter upon and assume the use, operation, and maintenance according to law of those essential public facilities accepted herein. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute, and the Finance Officer is authorized to accept, all deeds and instruments necessary to convey the above-described essential public facilities to the City. All present voting aye, motion carried. BUILDING PERMIT TO REPLACE WINDOWS A request for a building permit by Travis Kiefer to replace windows on the 4th, 5th, and 6th floors of the Citizen’s Building located at 202 South Main Street within the Aberdeen Commercial Historic District was presented. Travis Kiefer, owner of the property, was present by telecommunication and explained the request for a building permit to replace the windows. City Planner Ken Hubbart mentioned that the Planning and Zoning Department and Building Inspection Department have inspected the windows and for public safety reasons recommend replacement of windows. Remily moved, Rux seconded to accept the recommendation of the Planning & Zoning Department and to enter a final determination approving Resolution No. 17-10-04R for the issuance of a building permit for the replacement of all windows on the 4th, 5th, and 6th floors of the Citizen’s Building, located at 202 South Main Street, which property is located within the Aberdeen Commercial Historic District. Motion carried by voice vote. Resolution No. 17-10-04R is hereby approved as follows: WHEREAS, the owner of the property at 202 Main Street S., which property is located within the Aberdeen Commercial Historic District, applied to the Aberdeen Planning & Zoning Department (“Department”) for the issuance of a building permit for the replacement of all 4th, 5th, and 6th floor windows located thereon (hereafter “historic property”); and WHEREAS, the Department completed a review of the entire file, including the case report submitted by the property owner, the investigation conducted by Aberdeen Code Enforcement, and the recommendations of the Aberdeen Downtown Association and the South Dakota State Historical Society; and WHEREAS, City Planner, Ken Hubbart, presented the findings of the Department to the City Council and affirmed the Department’s recommendation that the City Council approve the issuance of a building permit for the historic property; and WHEREAS, the City Council considered the application and the factors set forth in SDCL §1-19A-11.1; and  17041 WHEREAS, the City Council makes the following findings in support of its determination: 1. The property owner provided estimates from various contractors to renovate the building on the historic property. Those estimates show costs of approximately $194,325. The applicant’s alternate choice had a materials cost of approximately $50,000. 2. The Department and Code Enforcement are concerned about the outward appearance of the deteriorating windows, and more importantly, concerned with public safety after a window fell out of the building and landed on a public ROW during the summer of 2017. 3. It is not economically feasible for the property owner to incur the projected renovation costs. 4. The effects of the proposed building project should have little negative impact on neighboring properties. This historic property is currently a detriment to the neighborhood due to its state of deterioration. Replace- ment of the windows would benefit properly-maintained residences in the neighborhood and greatly improve the appearance of the subject property. 5. The Aberdeen Code Enforcement Office has been in communication with the property owner in regards to the deteriorated condition of the windows in the historic property. 6. No other feasible and prudent alternative to replacement exists and all possible planning to minimize harm to the historic property has been fairly considered. 7. A recommendation to approve the replacement of windows was provided by the Aberdeen Downtown Association on October 25, 2017. 8. The decision of the Aberdeen Downtown Association dated October 25, 2017, has been reviewed and considered in making this determination. 9. The October 26, 2017 letter entitled “SDCL 1-19A-11.1 Consultation” from the South Dakota State Historical Society has been reviewed and considered in making this determination. 10. The Aberdeen City Code has no ordinance requiring property owners to maintain historic properties or landmarks against decay and deterioration. 11. Replacement of the windows is unlikely to have adverse effects on surrounding historic resources, community preservation plans, or long-range community opportunities. 12. The appearance and condition of the historic property pose dangers and nuisances to adjacent properties and greatly reduce the appearance of the other properties within the Aberdeen Commercial Historic District. The integrity of the district will not be jeopardized by the replacement of the windows in question. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The application for a building permit for the replacement of windows at the Citizens’ Building at 202 Main Street S., which property is located within the Aberdeen Commercial Historic District, is hereby approved. 2. The City Council makes this determination based upon the consideration of all relevant factors and concludes that there is no feasible and prudent alternative to the issuance of the building permit and that the program includes all possible planning to minimize harm to the historic property resulting from such use. 3. Notice of this final determination shall be given, by certified mail, to the South Dakota State Historical Society at least ten (10) days before demolition of the subject  17042 property. BILLS Bunsness moved, Remily seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Business Improvement District 288.26; ETS Corp. 1,250.00; Dacotah Bank 3,700.00; Plug N Pay 1,000.00; Infintech 1,000.00; Conduent Business Services, LLC 1,267.99; Wellmark Blue Cross/Blue Shield 40,000.00; MetLife 527.86; NVC 29.14; United Parcel Service 95.82; CVB 29,319.64. Upon roll call, all present voting aye, motion carried. PAYROLL Johnson moved, Remily seconded to approve the payroll for the period from October 15, 2017 through October 28, 2017 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 123,627.57; SD Retirement 67,846.79; Governing Body 3,192.28; City Manager 7,726.71; City Attorney 6,480.53; Finance 13,318.92; HR 8,305.60; Building 224.88; Computer 4,490.73; Planning/Zoning 13,932.95; Engineering 12,259.43; Police 110,822.81; Fire 90,868.89; Brett Ledeboer 15.14 hr, Nathan Sturgeon 16.71 hr, Kent Warrey 14.41 hr; Fire Prevention 4,924.80; Housing/Building 6,174.55; Street 27,049.58; Larry Hepola 18.27 hr; Traffic 4,935.85; Solid Waste 17,432.15, William Feiock 16.15 hr; Transportation/Ride Line 16,832.62; Library 25,293.55, Gordon Ottenbacher 11.00 hr; Parks, Rec & Forestry 90,552.15, Sarina Brandlee 9.50 hr, Tyler Gross 9.00 hr, Chris Jung 9.50 hr, Cheryl Kallas 12.75 hr, Andrea Korvela 11.00 hr, Kyle Kraemer 9.25 hr, Thomas Kulesa 9.50 hr, Taylor Rozell 9.00 hr, Kaitlyn Tracy-King 9.00 hr, Kathleen Wolf 12.50 hr, Nicholas Zephier 9.00 hr; Airport 13,857.69; Pipe 19,336.62; Water Treatment 16,695.11; Meter 2,766.85; Water Reclamation 19,132.08; Pump 8,003.35; Old Federal Crths Bldg 1,640.10. Upon roll call, all present voting aye, motion carried. NO REPORT FROM CITY MANAGER OTHER Mayor Levsen mentioned that he would be in favor of budgeting funds to have the library open on Sundays. No Council action taken. There being no further business, Bunsness moved, Johnson 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 COUNCIL/COUNTY COMMISSION PROCEEDINGS Brown County Commission Chambers, 25 Market Street, Aberdeen, South Dakota, October 31, 2017, at 8:45 a.m., Joint City Council and Brown County Commission Meeting. Mayor Levsen presiding. Present at roll call were City Councilors David Bunsness, Alan Johnson, Mark Remily by teleconference call, and Rob Ronayne. City Councilors Dave Lunzman, Dennis “Mike” Olson, Clint Rux, and Jennifer Slaight-Hansen were absent. Brown County Commissioners present were Tom Fischbach, Nancy Hansen, Duane Sutton, and Rachel Kippley. Brown County Commissioner Doug Fjeldheim was absent. City staff present were Brett Bill and Karl Alberts. County Auditor Maxine Fischer was present. ORDINANCE NO. 17-10-02 Ronayne moved, Johnson seconded to approve second reading and final adoption of Ordinance No. 17-10-02 amending Ordinance No. 1164 to rezone from (A-1) Agricultural District to (M-AG) Mini-Agricultural District for property described as proposed Lot 1, Andy & Cindy Meyers Addition in the N ½, SW ¼ of Section 28, T124N, R63W of the 5th P.M., Brown County, South Dakota (12856 – 390th Avenue). Upon roll call, all present voting aye, motion carried. Hansen moved, Fischbach seconded to approve second reading and final adoption of  17043 Ordinance No. 17-10-02 (470) as presented. Motion passed by voice vote with Kippley voting nay. There being no further business, Bunsness 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.