Aberdeen City Council

17063 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, November 27, 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, and Jennifer Slaight-Hansen. City Councilor Clint Rux was absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, Shirley Arment, Bob Braun, Shane Smith, Randy Meister, and Cody Roggatz. Mayor Levsen led the Pledge of Allegiance. MINUTES Olson moved, Johnson seconded to approve the minutes of November 20, 2017, as circulated. All present voting aye, motion carried. OPEN FORUM – Melissa White, Exchange Club President, was present to announce Mark Miller as the Law Enforcement Officer of the Year and Keith Sharisky as the Firefighter of the Year. OLD BUSINESS ORDINANCE NO. 17-11-03 Bunsness moved, Olson seconded to approve second reading and final adoption of Ordinance No. 17-11-03 revising Chapter 52 of the City Code regarding parking in alleys. Upon roll call, all present voting aye, motion carried. CONSENT CALENDAR Slaight-Hansen moved, Lunzman seconded to approve the following items on the consent calendar: LICENSES – Ambulance Drivers – Crystalyn Westbrook, Wendy Monson, Taralee Klungseth; Taxi Cab Driver – Justin Hammond. SET HEARING DATE – of December 11, 2017 at 5:30 p.m. for the following transfers of alcoholic beverage licenses: Transfers of Package Off-Sale Liquor License and Retail On- Off Sale Malt Beverage License from Trienta, Inc. dba C-Express, 2303 – 6th Avenue, SE to Trienta, Inc. dba C-Express Suite #1, 2303 – 6th Avenue, SE Suite #1; Transfers of Retail On- Off Sale Wine License and Retail On-Off Sale Malt Beverage License from Munchies Inc. dba Munchies, 2301 – 6th Avenue, SE to Trienta, Inc. dba C-Express Suite #2, 2303 – 6th Avenue, SE Suite #2. PLATS – 1) Thorstenson Consolidation Addition to the City of Aberdeen in the SW ¼ of Section 6, T123N, R63W of the 5th P.M., Brown County, SD (1019, 1025, and 1029 – 24th Avenue, NE and 1016 – 25th Avenue, NE); 2) Climate Control First Subdivision of Lot 2, Diamond Ridge Second Addition in the SE ¼ of Section 34, T124N, R64W of the 5th P.M., Brown County, SD with the stipulation that a permit is obtained before improvements are made to the proposed Lot 1 (1910 – 130th Street NW); 3) Dave Mitzel First Subdivision of  17064 Lot 2, Arlt’s Second Addition in the SW ¼ of Section 25, T124N, R64W of the 5th P.M., Brown County SD with the stipulation that a permit to construct a residence on proposed Lot 2 is obtained before the plat is filed with the County Register of Deeds (38702 – 129th Street); 4) Hedges’ 2nd Subdivision in the NE ¼ of Section 26, T124N, R64W of the 5th P.M., Brown County, SD with the stipulation that the accompanying petition to rezone the proposed Lot 1 to Mini-Agricultural District is approved; 5) Camlin First Addition to the City of Aberdeen in the NE ¼ of Section 19, T123N, R63W of the 5th P.M., Brown County, SD with the stipulation that a lot size variance is granted by the Aberdeen Board of Zoning Adjustment (2117 Goodrich Ave., SE); 6) Pletten First Addition to the City of Aberdeen in the NW ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, SD with the stipulation that a lot size variance is granted by the Aberdeen Board of Zoning Adjustment (112 – 3rd Ave., NE); 7) Reszler Addition to Aberdeen in the NW ¼ of Section 24, T123N, R64W of the 5th P.M., Brown County, SD with the stipulation that a lot size variance is granted by the Aberdeen Board of Zoning Adjustment (111 – 11th Ave., SE and 1024 South Washington Street). REQUEST FOR STREET USE – ½ Block from Alley to South Lincoln Street on 5th Ave., SE for the First United Methodist Church’s “Living Nativity” on December 9, 2017. LOTTERY NOTICE – Aberdeen Hockey Association – receive and place on file. DEPARTMENTS’ BOARDS REPORTS AND MINUTES – Aberdeen City Planning Commission Meeting; Alexander Mitchell Library Board of Trustees Meeting; Brown County/Aberdeen City Planning Commission Meeting; Board of Zoning Adjustment Meeting; and Park & Recreation Board Meeting – receive and place on file. All present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 17-11-01 City Planning/Zoning Director Brett Bill presented Ordinance No. 17-11-01 amending Ordinance No. 1164 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 property described as 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, SD (1111- First Ave., SE). Johnson moved, Bunsness seconded to approve first reading of Ordinance No. 17-11-01. Upon roll call, all present voting aye, motion carried. ORDINANCE NO. 17-11-04 City Finance Officer Karl Alberts presented Ordinance No. 17-11-04 setting the fees and charges for certain services provided by the City of Aberdeen for 2018. He explained that fees for Special One-Day Malt Beverage and Wine Licenses would be $30.00 instead of $20.00, advertising fee for hearing on alcoholic beverage license would be $20.00 instead of $5.00, and the water usage fee would increase from $3.10 per 1,000 gallons to $3.20 per $1,000 gallons with similar increases for bulk consumption. Bunsness moved, Ronayne  17065 seconded to approve first reading of Ordinance No. 17-11-04. Upon roll call, all present voting aye, motion carried. JUNK DEALER LICENSE FOR JEFFRY HIEB City Planning/Zoning Director Brett Bill explained a request for the revocation of a Junk Dealer License for Jeff’s Marine Service for Jeffrey Hieb at 102 North 3rd Street. He stated that the Board of Zoning Adjustment gave Mr. Hieb an October 31, 2017 deadline to bring the property into compliance with basic requirements stipulated for the operation of his marine salvage yard. The Planning and Zoning and Code Enforcement Departments have tried to work with Mr. Hieb to assist him with obtaining compliance. Unfortunately, Mr. Hieb has not maintained the property to the standards set forth. The City Council may consider giving Mr. Hieb additional time to bring his property into compliance but City staff would recommend against that decision. Chris Haar was present to represent Jeff Hieb and explained that he is working with Mr. Hieb to bring his property into compliance with City standards. He asked the Council not to revoke the license at this time and requested a time extension for Mr. Hieb. Ronayne moved, Remily seconded to continue for two weeks the discussion on the possible revocation of the Junk Dealer License for Jeffrey Hieb at 102 North 3rd Street. All present voting aye, motion carried. OPERATIONAL HOURS OF LIBRARY ON SUNDAYS City Manager Lynn Lander explained to the Council that expanding operational hours of the library to include Sundays under SDCL 14-2-29 shall be governed by the board of public library trustees. After the board of public library trustees makes a decision on how the library should operate, SDCL 14-2-47 states that the governing body may appropriate funds for expenditures for public library services, purchase of public library materials, and the maintenance for the public library. Ronayne moved, Slaight-Hansen seconded to approve that the City Council recommends that the Library Board of Trustees consider expanding library operational hours into Sunday. Motion carried by voice vote. PAYMENT FOR LIBRARY CONSTRUCTION City Manager Lynn Lander presented a final payment request to Quest Construction LLC for work on the new Library Construction in the amount of $19,082.63. Johnson moved, Olson seconded to approve payment request #20 in the amount of $19,082.63 to Quest Construction LLC for work on the new Library Construction. Upon roll call, all present voting aye, motion carried. BIDS FOR 2018 CHEMICALS Bids were received and publicly opened on November 14, 2017 for 2018 Water Treatment Chemicals. Bob Braun, Water Treatment Superintendent, explained the bids received for chemicals. A detailed list of the bids is on file at the City Finance Office. Bunsness moved, Remily seconded to award the chemical bids as recommended by the Water Treatment Superintendent and authorize the City Manager and City Finance Officer to sign  17066 all necessary documents after approval by the City Attorney. All present voting aye, motion carried. CHANGE ORDER/PAYMENT FOR BOYD ST. HOLDING POND City Engineer Robin Bobzien presented a change order in the amount of -$2,961.88 for adjustment of quantities installed in the field for the Boyd Street Holding Pond Project and payment request in the amount of $7,350.87 to B & B Contracting for the amount of retainage on the Boyd Street Holding Pond Project (SS-2016-2). Remily moved, Ronayne seconded to approve and authorize the City Manager to sign Change Order #2 in the amount of -$2,961.88 and Payment Request #3 in the amount of $7,350.87 to B & B Contracting. Upon roll call, all present voting aye, motion carried. PAYMENT FOR MERTON ST HOLDING POND City Engineer Robin Bobzien presented a payment request in the amount of $2,540.40 to B & B Contracting for the amount of retainage on the Merton Street Holding Pond Project. Johnson moved, Remily seconded to approve and authorize the City Manager to sign Payment Request #4 in the amount of $2,540.40 to B & B Contracting. Upon roll call, all present voting aye, motion carried. PAYMENT FOR MILL/OVERLAY IMPROVEMENTS City Engineer Robin Bobzien presented a payment request in the amount of $5,767.49 to Lien Transportation for the amount of retainage on the Mill and Overlay Improvements Project. Ronayne moved, Remily seconded to approve and authorize the City Manager to sign Payment Request #2 in the amount of $5,767.49 to Lien Transportation. Upon roll call, all present voting aye, motion carried. APPLICATION FOR PROGRAM WITH FAA Transportation Director Cody Roggatz explained the application to potentially enter into a memorandum of agreement (MOA), if selected, with the Federal Aviation Administration (FAA). Through the FAA, the Department of Transportation has established a new program that encourages governments in partnership with Unmanned Aircraft Systems operators and other private sector stakeholders to conduct operations safely and with public support in affected communities. Ronayne moved, Remily seconded to approve and authorize the City Manager to sign all required documents to submit an application for eligibility to participate in the program with the Federal Aviation Administration. All present voting aye, motion carried. BILLS Slaight-Hansen moved, Lunzman seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 465.61; DTC 168,970.00; Fleet Services 154.19; Barton Heating & A/C 10,975.20; ETS Corp. 1,250.00; Dacotah Bank 3,700.00; Plug N Pay 1,000.00; Infintech 1,000.00; Dahme Construction 12,176.72; Business Improvement District 21,370.75; CVB 31,333.54; Water & Environmental Engineering  17067 51.50; Morrison Construction 17,893.10; Lexi Birdsall 26.10; Texas Alliance Group 83.17; Dean Hassebrook 10.72; Corey Klingensmith 35.73; Rick Klein 90.84; Mark Rich 168.81; Thomas Hodgson 55.59; Wellmark Blue Cross/Blue Shield 127,505.90. Upon roll call, all present voting aye, motion carried. PAYROLL Remily moved, Olson seconded to approve the payroll for the period from November 12, 2017 through November 25, 2017 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 122,902.32; SD Retirement 69,100.19; Governing Body 3,192.28; City Manager 7,726.71; City Attorney 6,189.11; Finance 13,292.24; HR 8,305.60; Building 224.88; Computer 4,603.47; Planning/Zoning 13,932.95; Engineering 12,059.00; Police 111,518.61, Morgan Black 23.98 hr, Jarrod Zaruba 23.98 hr; Fire 95,345.84, Anthony Clewis 15.90 hr, Stuart Donaldson 16.71 hr, Ryan Morrison 15.90 hr; Fire Prevention 4,924.80; Housing/Building 6,174.55; Street 28,551.50, Trenton Aman 18.73 hr; Traffic 4,959.24; Solid Waste 18,724.15, Matthew Spencer 16.15 hr; Transportation/Ride Line 16,212.07, Library 25,411.45; Parks, Rec & Forestry 85,158.82, Shammara Christian 9.00 hr, Riley Murphy 9.25 hr, Joseph Strada 9.00 hr, Brady Thielges 9.00 hr; Airport 15,150.15, Cameron Lehner 18.73 hr; Pipe 18,439.45; Water Treatment 17,440.14; Meter 2,718.40; Water Reclamation 21,105.27; Pump 7,904.91; Old Federal Crths Bldg 1,619.60. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander presented the City Manager’s Report including a statement from FEMA congratulating Aberdeen for its federal flood insurance efforts. Also, he discussed “Quiet Zone” efforts and a pedestrian trail to the Brown County Fairgrounds. There being no further business, Bunsness moved, Olson 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, November 28, 2017, at 8:45 a.m., Joint City Council/County Commission Meeting. Mayor Mike Levsen presiding. Present at roll call were City Councilors Alan Johnson, Dennis “Mike” Olson, Mark Remily, and Rob Ronayne. City Councilors David Bunsness, Dave Lunzman, Clint Rux, and Jennifer Slaight-Hansen were absent. Brown County Commissioners present were Tom Fischbach, Doug Fjeldheim, Nancy Hansen, Duane Sutton, and Rachel Kippley. City staff present were Brett Bill and Karl Alberts. County Auditor Maxine Fischer was also present. ORDINANCE NO. 17-11-02 Ordinance No. 17-11-02 amending Ordinance No. 1164 to rezone from (A-1) Agricultural District and (M-AG) Mini-Agricultural District to (M-AG) Mini-Agricultural  17068 District for property described as proposed Lot 1, Hedges’ Second Subdivision in the NE ¼ of Section 26, T124N, R64W of the 5th P.M., Brown County, South Dakota (12849 – 387th Avenue) was presented. Ronayne moved, Remily seconded to approve first reading of Ordinance No. 17-11-02. Upon roll call, all present voting aye, motion carried. Fischbach moved, Fjeldheim seconded to approve first reading of Ordinance No. 17- 11-02 (471) as presented. All voting aye, motion carried. There being no further business, Johnson moved, Remily 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.