Aberdeen City Council

17045 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, November 6, 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, Dave Lunzman, Dennis “Mike” Olson by teleconference call, Mark Remily, Rob Ronayne, Clint Rux, and Jennifer Slaight-Hansen. City Councilor Alan Johnson was absent. City Staff present were Lynn Lander, Robin Bobzien, Brett Bill, Karl Alberts, and Dave McNeil. Mayor Levsen led the Pledge of Allegiance. MINUTES Bunsness moved, Rux seconded to approve the minutes of October 30 and 31, 2017, as circulated. Upon roll call, all present voting aye, motion carried. OPEN FORUM – Ryann Lyke was present to discuss the possibility and possible regulation of new taxi services. The council discussed available options for the services. PROCLAMATION – Mayor Levsen read and proclaimed November 8, 2017 as “Reformation 500 Day”. Pastor Kevin Bergeson of Bethlehem Lutheran Church was present to discuss the 500th Anniversary of the Reformation. CONSENT CALENDAR Rux moved, Remily seconded to approve the following items on the consent calendar: SET HEARING DATE – of November 27, 2017 at 5:30 p.m. for a petition to rezone from (R-3) High Density Residential District and (M) Municipal, State, and County Use District to (R-3) High Density Residential District for Lot 2, Brown County Commissioner’s Second Subdivision to the City of Aberdeen in the SW ¼ of Section 18, T123N, R63W of the 5th P.M., Brown County, South Dakota (1111 First Avenue, SE). SET HEARING DATE – of November 20, 2017 at 5:30 p.m. for applications for transfers of Package Off-Sale Liquor and Retail On-Off Sale Malt Beverage Licenses with Video Lottery from West Hill Inc. dba Sooper Stop West, 802 – 6th Avenue, SW to 6th Avenue Pit Stop, Inc. dba 6th Avenue Pit Stop, 802 – 6th Avenue, SW. Upon roll call, all present voting aye, motion carried. NEW BUSINESS RESOLUTION NO. 17-11-02R City Engineer Robin Bobzien presented Resolution No. 17-11-02R accepting dedication of essential public facilities in the Oakwood Lane Development in Ashwood Heights Subdivision from the developer D & H Development Corporation. Bunsness moved, Rux seconded to approve Resolution No. 17-11-02R as follows: WHEREAS, D & H Development Corporation, 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 “Oakwood Lane Development”): a. LOT 1, LUITJENS ADDITION TO ASHWOOD HEIGHTS SUBDIVISION TO THE CITY OF ABERDEEN; b. LOTS 1-4, FIFTH ADDITION TO ASHWOOD HEIGHTS SUBDIVISION TO THE CITY OF ABERDEEN; c. LOTS 1-20, NINTH ADDITION TO ASHWOOD HEIGHTS SUBDIVISION TO THE CITY OF ABERDEEN; and d. The public street known as Oakwood Lane (a portion of which was formerly known as Birchwood Circle) and rights-of-way contiguous to such additions; and WHEREAS, Oakwood Lane Development is situated wholly within the real property  17046 originally platted as “Ashwood Heights Subdivision to the City of Aberdeen” (hereafter referred to as the “Subdivision”), which Subdivision is legally described as: ASHWOOD HEIGHTS SUBDIVISION TO THE CITY OF ABERDEEN, IN THE SOUTHWEST QUARTER (SW ¼) OF SECTION 8, 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 Oakwood Lane Development: a. Water system; b. Sanitary sewer system; c. Storm water drainage 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 Oakwood Lane Development: a. Water system; b. Sanitary sewer system; c. Storm water drainage system; 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 irrevocably 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. Upon roll call, all present voting aye, motion carried. RESOLUTION NO. 17-11-03R City Planning/Zoning Director Brett Bill presented a petition of voluntary annexation from the City for property described as Bike Trail Lot 1 and Lot 2 of Lot B, Block 12, Wylie Park Estates Fifth Addition and Bike Trail 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. Ronayne moved, Bunsness seconded to approve Resolution No. 17-11-03R annexing the Bike Trails adjacent to Aberdeen Christian School and Aberdeen Health and  17047 Rehab into the city limits of the City of Aberdeen. Upon roll call, all present voting aye, motion carried. RESOLUTION NO. 17-11-04R City Planning/Zoning Director Brett Bill presented a petition of voluntary annexation from Avera St. Luke’s Hospital for property described as 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, Section 11, T123N, R64W of the 5th P.M., Brown County, South Dakota. Rux moved, Bunsness seconded to approve Resolution No. 17-11-04R annexing the property at 1419 and 1815 Willow Drive into the city limits of the City of Aberdeen. Upon roll call, all present voting aye, motion carried. RESOLUTION NO. 17-11-05R City Planning/Zoning Director Brett Bill presented Resolution No. 17-11-05R accepting the recommendation of the Planning and Zoning Department and approving the issuance of a building permit for Travis Kiefer for replacement of windows on the 1st, 2nd, and 3rd floors of the Citizen’s Building at 202 South Main Street which property is located within the Aberdeen Commercial Historic District. Bunsness moved, Slaight-Hansen seconded to approve Resolution No. 17-11-05R 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 1st, 2nd, and 3rd 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, Planning & Zoning Director, Brett Bill, 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 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. Replacement 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  17048 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 lettter 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 property. Upon roll call, all present voting aye, motion carried. PARKS AND REC BOARD APPOINTMENT Bunsness moved, Rux seconded to appoint Josh Rife to the Aberdeen Parks and Recreation Board for a term ending June 30, 2019. Upon roll call, all present voting aye, motion carried. AGREEMENT FOR LIBRARY SERVICES Rux moved, Remily seconded to approve the 2018 Agreement with Brown County and the City of Aberdeen to provide library services to Brown County residents at a cost of $12,000 per year. Upon roll call, all present voting aye, motion carried. CERTIFICATIONS FOR THIRD AVE BRIDGE PROJECT City Engineer Robin Bobzien presented Utilities and Right-Of-Way Certifications for the Third Avenue, SE Bridge Improvement Grant Project BRF 2306(00)16-3 PCN 05R5 as a requirement before bidding can begin on the project. Bunsness moved, Rux seconded to approve the Utilities Certificate and Right-Of-Way Certificate for the Third Avenue Bridge Improvement Project. Upon roll call, all present voting aye, motion carried. CHANGE ORDER/PAYMENT ON CONCRETE ST REHAB City Engineer Robin Bobzien presented Change Order #3 in the amount of $4,694.50 and Payment Request #3 in the amount of $24,491.27 to Wright & Sudlow for work on the  17049 Concrete Street Rehabilitation Project (CONC-2017-3). Ronayne moved, Slaight-Hansen seconded to approve and authorize the City Manager to sign Change Order #3 in the amount of $4,694.50 and Payment Request #3 in the amount of $24,491.27 to Wright & Sudlow. Upon roll call, all present voting aye, motion carried. BILLS Bunsness moved, Lunzman seconded to approve the following audited bills for services, supplies, repairs, and maintenance: US Bank 38,970.70; US Bank Corp. Trust 17,334.95; First National Bank 1,112,385.00; MARCO Technologies LLC 62.30; Great Western Bank 192,797.59; Safety Benefits Inc 195.00; Wellmark Blue Cross/Blue Shield 40,000.00; Dahme Construction 103,475.92; AT & T 1,031.31; SD Division of Motor Vehicles 21.20; Northwestern Energy 80,721.51; United Parcel Service 58.48; Dependable Sanitation 15,358.00; Schwan Welding & Boiler 9,509.31; Affinis 606.68; Core & Main 24,486.00; Kari Severson 15.00. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander presented the City Manager’s Report about transportation network companies and signage on public works projects. OTHER Council Ronayne mentioned being in favor of opening the public library on Sunday afternoons. Councilor Rux mentioned the improvements of storm inlets on Lawson Street. Councilor Remily thanked City Manager Lynn Lander and City Engineer Robin Bobzien for their work on getting the Railroad to repair railroad crossing on Roosevelt Street. There being no further business, Bunsness moved, Rux 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.