Aberdeen City Council

17079 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, December 18, 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, Stuart Nelson, Ken Hubbart, Karl Alberts, Eric Duven, and Cody Roggatz. Mayor Levsen led the Pledge of Allegiance. MINUTES Slaight-Hansen moved, Rux seconded to approve the minutes of December 11, 2017, as circulated. All voting aye, motion carried. OPEN FORUM – Shelly Westra-Heier was present to update the City Council on what the Aberdeen Downtown Association has accomplished in 2017 to make a difference and impact in the City of Aberdeen. ORDINANCE NO. 17-12-04 Bunsness moved, Rux seconded to approve second reading and final adoption of Ordinance No. 17-12-04 establishing the number of regular full-time positions and their position titles and fixing the bonds of City Officials and Employees. Upon roll call, all voting aye, motion carried. ORDINANCE NO. 17-12-05 Johnson moved, Bunsness seconded to approve second reading and final adoption of Ordinance No. 17-12-05 setting the salaries and wages of City Officials and Employees for 2018. Upon roll call, all voting aye, motion carried. CONSENT CALENDAR Olson moved, Lunzman seconded to approve the following items on the consent calendar: SET HEARING DATE – of January 2, 2018 at 5:30 p.m. for applications for the following alcohol licenses: Special One-Day Retail On-Sale Liquor Licenses for Aberdeen Area Chamber of Commerce’s Business After Hours on January 11, 2018 at Aberdeen Family YMCA, 5 South State Street, on February 8, 2018 at Avera Dining Facility, 105 South State Street, and on March 8, 2018 at the Boys & Girls Club Gym, 1121 – First Avenue, SE; Transfer of Retail On-Off Sale Malt Beverage License from Aberdeen Hardball Association dba Legion Baseball, 1225 Brown County Hwy #19 to Charles Heeman dba CH Baseball LLC, Fossum and Players Fields, 3800 – 8th Avenue, NE. LICENSES – Journeyman Plumber – Eduardo Nava Sanchez; Private Security – Justin James Ellenson; Residential Building Contractor – Scott Hamiel dba Hamiel Construction. LOTTERY NOTICE – Presentation College Black & White Ball – receive and place on file. All voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 17-12-06 City Finance Officer Karl Alberts presented Ordinance No. 17-12-06 supplementing the 2017 Budget for various unanticipated projects, activities, and expenses. Ronayne moved, Remily seconded to approve first reading of Ordinance No. 17-12-06. Upon roll call, all voting aye, motion carried. ORDINANCE NO. 17-12-07 City Attorney Ron Wager presented Ordinance No. 17-12-07 revising Chapter 58 of the Aberdeen City Code regarding Transportation Network Companies (TNCs) and Taxicabs. He explained the qualifications for a TNC driver and obtained information from compariable cities regarding taxicab fare rates, taxicab insurance coverage rates, and what other cities are  17080 doing to monitor the TNC drivers for compliance. Ronayne moved, Slaight-Hansen seconded to approve first reading of Ordinance No. 17-12-07. Ronayne moved, Bunsness seconded to change and add a definition of a driver and/or driverless vehicles to the proposed ordinance. All voting aye, motion carried. After discussion on possible amendments to the proposed ordinance, Bunsness moved, Johnson seconded to postpone further discussion of Ordinance No. 17-12-07 for two weeks to the January 2, 2018 City Council Meeting. All voting aye, motion carried. RESOLUTION NO. 17-12-02R City Attorney Ron Wager presented Resolution No. 17-12-02R accepting dedication of essential public facilities in Heritage Estates Subdivision from developer Frost Development, Inc. Ronayne moved, Rux seconded to approve Resolution No. 17-12-02R as follows: WHEREAS, the Frost Development, Inc., a South Dakota Corporation (hereafter referred to as the “Developer”), was the original owner of all of the subdivided real property in that certain recorded plat identified as “Heritage Estates Addition to the City of Aberdeen” (hereafter referred to as the “Subdivision”); and WHEREAS, the Subdivision, identified hereafter as the “Heritage Estates Development”, is highlighted on the map attached hereto as Exhibit A and legally described as follows: HERITAGE ESTATES ADDITION TO THE CITY OF ABERDEEN, IN THE SOUTHWEST QUARTER (SW ¼) OF SECTION 7, 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 Heritage Estates Development: a. Water system; b. Sanitary sewer system; c. Storm water drainage and retention system, including holding pond; 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 Heritage Estates Development: a. Water system; b. Sanitary sewer system; c. Storm water drainage and retention system, including the retention pond located on Lot 8, Block 5, Heritage Estates Addition 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 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  17081 accepted. 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 voting aye, motion carried. 2017 BUDGETED TRANSFER City Finance Officer Karl Alberts requested authorization for the Finance Office to perform a 2017 budgeted transfer between funds as needed and provided for in the Ordinance No. 16-09-01 – “2017 Annual Appropriation Ordinance”. Bunsness moved, Olson seconded to authorize the Finance Office to perform the 2017 budgeted transfer of $600,000 from Special Sales Tax to Moccasin Creek Capital Project Fund as requested. All voting aye, motion carried. ACCEPT DONATION OF MOBILE LIBRARY WAND City Finance Officer Karl Alberts presented a request for the Council to accept a donation of one Bibliotheca Mobile DLA RFID Wand purchased by the Library Board of Trustees for use at the K.O. Lee Aberdeen Public Library. Bunsness moved, Johnson seconded to approve the acceptance of the donation of the Mobile Library Wand from the Library Board of Trustees for the K.O. Lee Public Library. All voting aye, motion carried. BILLS Bunsness moved, Remily seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 6,418.10; Northern Electric 4,538.16; Dependable Sanitation Inc. 15,332.00; Western Area Power Admin. 5,092.59; SD One Call 230.72; CenturyLink 3,826.13; NVC 329.60; Konica Minolta 126.85; Matheson Tri-Gas Inc. 231.11; United Parcel Service 70.31; Borns Group 4,118.46; Sheryl Erickson 149.27; Lori Boettcher 19.20; Krause Family Cross-My-Heart 26.21; Tyler Poppen 27.59; Amy Blackstone 34.65; Tom Barondeau 74.26; Rosemarie Fresquez 11.04; Rich Krokel 204.00; Mark Hanley 204.00; American News 2,350.69; Aberdeen Development Corp. 14,166.67; Aberdeen School Dist. 28,876.51; Aspire Inc 2,029.55; MARCO Technologies LLC 749.45; Lighthouse Uniform Co. 873.90; RDO Equipment Co. 35,746.36; Brown County Landfill 19,330.45; KONE Inc. 2,260.00; Dakota Doors Inc. 90.00; Anne Jensen 162.00; IMLA 625.00; Dahme Construction 13,916.32; Hawkins Inc. 10,403.67; Dakota Electronics 1,325.85; Lang’s TV & Appliance 273.00; Spillman Technologies Inc. 11,598.00; Don’s Builders Hardware 21.00; Dennis Gavin-Reimbursement 7,082.53; Eddie’s Northside Sinclair 190.00; Cole Papers Inc 1,116.26; Central Business Supply Inc 3,698.68; HACH Co 1,985.63; Auto Value Part Stores 1,550.02; House of Glass Inc 62.40; Joel Weig 78.00; H F Jacobs & Son 11,938.01; Ken’s Alignment Auto Service 348.82; Kesslers Inc. 146.87; CDW Government Inc 3,320.83; Automatic Building Controls 2,057.00; Aberdeen Taxi Service 193.25; Lawson Products Inc 511.26; Steven Lust Automotive 112.37; MAC’s Inc 174.06; Mattern Diesel Service 231.50; Sewer Duck Inc 125.00; Sanford Health Occupational Medicine Clinic 2,497.25; Farnums Genuine Parts 337.26; TSI Inc. 1,169.56; A & B Business Solutions 96.47; Pantorium 29.00; Parcel Erickson Texaco 250.00; Dakota Supply Group 734.64; Graymont Capital Inc 21,720.15; Midstates Group 987.00; Mark Miller 24.00; Cross Country Freight Solutions, Inc. 292.60; Safety Service Inc. 16.95; Avera St. Luke’s Hospital 1,157.07; Light & Siren 237.50; SHARE Corp. 6,172.40; Sherwin- Williams Co. 460.97; Crawford Trucks & Equipment 1,521.71; SD Firefighters Assn. 1,125.00; Keith Sharisky 15.00; Stan Houston Equipment, Inc. 44.15; Wright & Sudlow 54,346.95; Diesel Machinery Inc. 1,500.00; Aberdeen Area Arts Council 6,000.00; Fastenal Company 438.67; Shane Franks 48.00; Praxair, Inc. 3,081.25; Aberdeen Awards 16.50; Totally Tubular Mfg 447.94; Blair Scoular 48.00; Mattern Electric 71.43; Christina Hanagan  17082 375.00; Metering & Technology Solutions 9,214.79; Olson’s Pest Technicians 1,200.00; Harms Oil Company 20,908.41; Dependable Sanitation, Inc. 299.00; Tanner Jondahl 430.00; OneNeck It Solution 8,113.80; Pressure Washer Central 72.80; AAP of Aberdeen SD; 159.36; First National Bank 233,550.00; DEXYP 1,846.00; M & T Fire & Safety Inc. 2,364.00; USA Blue Book 111.73; SD Dept Health Lab 652.00; Titan Access Acct/Productivity 1,109.49; Automationdirect.com Inc 91.00; Executive Management 405.92; Construction Prod & Consultants 48.72; Danko Emergency Equipment Co. 392.75; Pierson Ford-Lincoln-Mercury 23.20; West Payment Center 629.86; Stacy Vrchota 78.00; North Central Farmers Elevator 23,842.98; Jamie Langerock 62.00; Dakota Broadcasting LLC 200.00; Vermont Systems Inc 11,125.10; Luke Nelson 26.61; MTI Distributing 7,170.16; Kirk’s Auto 6,023.45; Lien Transportation Co. 2,040.78; Aberdeen Police Dept. 30.00; Footsteps Counseling 300.00; McMaster-Carr Supply Co. 115.76; Carlsen Funeral Home 325.00; Dr. Steve Redmond 500.00; Br. Co. Fire Chiefs Assn. 50.00; Randy Meister 78.00; Jon Droege 439.79; Fire Safety First 337.30; Quill Corp. 132.08; Federal Express Corp. 70.05; Claims Associates Inc. 27.33; Galeton Gloves 407.32; Karl Alberts 15.00; Menards 1,572.96; Gauer Air Conditioning/Heating 933.96; Water & Environmental Engineering 51.50; Allegiant Emergency Services Inc. 2,546.08; Aqua Pure Inc. 2,119.50; Michael Roemmich 15.00; Convention Visitors Bureau 54,233.95; Dakota Fluid Power Inc. 839.72; Borns Group 1,199.68; Impact Janitorial 3,639.57; Midwest Playscapes, Inc 3,563.00; Rod Kurtz 63.00; NCL of Wisconsin 28.98; Tyler Technologies 2,450.11; SRF Consulting Group 63.94; Aberdeen Shuttle 208.00; The UPS Store 91.56; Gardner Locksmith 60.00; John Kirnan 41.56; POMP’s Tire Service, Inc. 2,304.18; Joshua Poppen 62.00; Rich Krokel 204.99; Dakota News 20.39; Chad Nilson 50.01; GALLS Inc 21.31; Business Improvement District 25,000.00; Dakota Transit Asosciation 250.00; VESSCO Inc 103.42; North Central Rental/Leasing 11,850.00; MVTL Laboratories Inc. 878.00; Steve Markley 198.00; J R Huebner 78.00; Patricia Brosz 720.00; Olympic Sales Inc. 236.07; Pro Ag Supply Inc. 76.50; Thatcher Company 24,865.41; Midcontinent Communications 300.00; Groton Ford, LLC 668.34; Curt Fredrickson 44.00; Butler Machinery Co. 10,379.90; GRAINGER 23.64; Sanitation Products Inc 920.52; Geffdog Designs 2,852.06; Cooper Animal Clinic 76.51; WEB Water Bottling Co. 59.00; Ameripride Services Inc. 569.42; BAN-KOE Systems, Inc. 1,630.00; Country Concrete/Landscaping 343.85; Brant Winter 214.00; J Gross Equipment 7.98; Harlow’s Bus Sales, Inc 38.36; Community Trans Assn America 625.00; A-1 Sanitation 525.72; Environmental Toxicity Control 475.00; Tri-State Water, Inc. 47.50; Domino’s Pizza 997.48; Public Risk Management 385.00; 121 Benefits 339.50; Melissa Kollman 283.50; Robyn Ewalt 126.00; Kylee Richards 214.00; Northern Plains Psychological 2,250.00; BLR 536.99; Aberdak Club 675.00; Moss & Barnett 1,194.00; MAC Tools 280.00; CH Diagnostic & Consulting Services, Inc. 415.00; Daniel Orr 112.00; Office Depot 220.78; World Software Corp. 400.00; Tyler Oliver 48.00; SD Retailers Assoc. 240.00; Tyler Business Forms 206.32; Core & Main LP 433.50; Chuan Chih Wang 71.88; Dakota Pro Striping, LLC 300.00; Stephanie Sorensen, PHD 1,253.72; Verathon, Inc. 16,519.00; Santa’s Tree Lot 108.00; Ryan Morrison 75.00; Henry Schein, Inc. 3,122.50; Runnings Supply Inc. 3,981.14; Interstate Battery 228.90. Upon roll call, all voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander presented the City Manager’s Report including pigeon control efforts, City Finance Officer Karl Alberts spoke on work compensation fund modifier for Aberdeen, and City Attorney Ron Wager discussed the Promotion Fund process. There being no further business, Rux moved, Olson seconded that the meeting be adjourned. All voting aye, motion carried.  17083 Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer.