Aberdeen City Council

17085 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, December 26, 2017, at 5:30 p.m., regular meeting of the Board of City Council, 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, Robin Bobzien, Ken Hubbart, Karl Alberts, Jay Tobin, and Cody Roggatz. Mayor Levsen led the Pledge of Allegiance. MINUTES Rux moved, Johnson seconded to approve the minutes of December 18, 2017, as circulated. All voting aye, motion carried. OPEN FORUM – No one was present. OLD BUSINESS ORDINANCE NO. 17-12-06 Ronayne moved, Bunsness seconded to approve second reading and final adoption of Ordinance No. 17-12-06 supplementing the 2017 Budget for various unanticipated projects, activities, and expenses. Upon roll call, all voting aye, motion carried. JUNK DEALER LICENSE FOR JEFFREY HIEB Continued discussion was held on the possible revocation of the Junk Dealer License for Jeffrey Hieb dba Jeff’s Marine Service at 102 North 3rd Street. City Planner Ken Hubbart made a recommendation not to revoke the Junk Dealer License for Jeffrey Hieb. Bunsness moved, Olson seconded to approve not to revoke the Junk Dealer License for Jeffrey Hieb at 102 North 3rd Street. All voting aye, motion carried. CONSENT CALENDAR Remily moved, Olson seconded to approve the following items on the consent calendar: RENEWAL OF 2018 ALCOHOLIC BEVERAGE LICENSES FOR THE FOLLOWING BUSINESSES CONTINGENT UPON INSPECTIONS BY THE HEALTH DEPARTMENT: RETAIL ON-SALE LIQUOR LICENSES (RL) WITH VIDEO LOTTERY (VL) - ABERDEEN REGIONAL AIRPORT DBA 4740 – 6TH AVENUE, SE (INACTIVE); RONALD RIVETT LODGING DBA ABERDEEN SUPER 8 EAST, 2405 – 6TH AVENUE, SE (VL); RONALD ERICKSON DBA AIRPORT CAFÉ & LOUNGE, 4707 E HWY #12 (VL); ABERDEEN VENTURES LLC DBA AMERICINN, 301 CENTENNIAL STREET (VL); OCHO INC. DBA CASINO KORNER 2, 707 N. 2ND STREET SUITE B (VL); BPO ELKS LODGE NO. 1046 INC. DBA ELKS LODGE, 705 CIRCLE DRIVE; ELF, INC. DBA CIRCUS SPORTS BAR & GRILL, 14 - 3RD AVENUE, SE (VL); SKYLINE RECREATION INC. DBA FIREHOUSE LOUNGE, 1314 – 8TH AVENUE, NW (VL); FLAME INC. DBA FLAME CAFÉ & LOUNGE, 2 S. MAIN STREET (VL); RONCO FOODS INC. DBA FLATLANDERS, 2020 - 8TH AVENUE, NE, SUITES 1-4 (INACTIVE); FRATERNAL ORDER OF EAGLES DBA EAGLES, 316 S. 2ND STREET (VL); WMMW INC. DBA LAGERS INN, 20 - 3RD AVENUE, SW (VL); ZBC INC. DBA LUCKY’S DRINKERY, 420 S. MAIN STREET (VL); LOYAL ORDER OF MOOSE DBA MOOSE LODGE, 410 - 9TH AVENUE, SW (VL); ABERDEEN MAVERICKS LLC DBA MAVERICK'S, 720 LAMONT STREET (VL); JT RESTAURANT LLC DBA MAX & ERMA'S, 715 N. 10TH STREET; HUASTECA LLC DBA MAZATLAN MEXICAN RESTAURANT, 1 S. FIRST STREET; POUNDERS INC. DBA POUNDERS, 1702 - 6TH AVENUE, SE; P & M ENTERPRISES INC. DBA R & A BAR, 5 S. MAIN STREET (VL); REGENCY MIDWEST VENTURES LP DBA RAMKOTA INN, 1400 – 8TH AVENUE, NW; HAYJON INC. DBA ROHLY'S BAR,  17086 1524- 6TH AVENUE, SW (VL); ROLLING HILLS GOLF CLUB LLC DBA ROLLING HILLS GOLF CLUB, 546 PALMER CR; REFIK R. ISMAILI DBA ROMA RISTORANTE ITALIANO, 104 S. MAIN STREET; ABERDEEN CUISINE INC. DBA RUBY TUESDAY, 3125 - 6TH AVENUE, SE; TWO CS INC. DBA SCHWAN'S RECREATION, 714 - 1ST AVENUE, NE (VL); JONDAHL INC. DBA SILVER DOLLAR BAR, 119 S. MAIN STREET (VL); SHERYL FRANKLIN DBA THE PUB, 105 N. LINCOLN STREET (VL); TETON DEVELOPMENT, LLC DBA 901 – 6TH AVENUE, SE SUITE #100; VETERANS OF FOREIGN WARS DBA VFW CLUBROOM, 802 S. MAIN STREET; ABERDEEN ZOO INC. DBA THE ZOO, 1017 S. MAIN STREET (VL); ON-SALE FULL SERVICE RESTAURANT LIQUOR LICENSE (RR) - AK & K, LLC DBA BUFFALO WINGS & RINGS, 2411 – 6TH AVENUE, SE; PACKAGE OFF-SALE LIQUOR LICENSES (PL) - ABERDEEN PIT STOP INC. DBA ABERDEEN PIT STOP, 2323 - 8TH AVENUE, NE; RONALD RIVETT LODGING DBA ABERDEEN SUPER 8 EAST, 2405 – 6TH AVENUE, SE; ERICKSON & MEIER, INC. DBA AIRPORT TRAVEL CENTER, 4707 E. HWY #12; NUEVE INC. DBA C-EXPRESS 8TH AVE., 1202 - 8TH AVENUE, NE; OCHO INC. DBA C-EXPRESS NORTH SECOND, 711 N. 2ND STREET; EDDIE'S NORTHSIDE SINCLAIR DBA EDDIE'S NORTHSIDE SINCLAIR, 208 N. 2ND ST.; E-Z STOP FOOD MARTS INC. DBA E-Z STOP MARTS, 421 S. ROOSEVELT STREET; KEN'S SUPERMARKET INC. DBA KEN'S BOTTLE SHOP, 2105 - 6TH AVENUE, SE; KESSLER FUEL INC. DBA KESSLER'S HOLIDAY, 702 – 6TH AVENUE, SE; KESSLERS INC. DBA KESSLER'S LIQUOR, 621 - 6TH AVENUE, SE; WMMW INC. DBA LAGERS INN, 20 - 3RD AVENUE, SW; MILLER & HOLMES INC. DBA M & H GAS, 202 – 6TH AVENUE, SW; ABERDEEN MAVERICKS LLC. DBA MAVERICK'S, 720 LAMONT STREET; POUNDERS INC. DBA POUNDERS, 1702 - 6TH AVENUE, SE; HAYJON INC. DBA ROHLY'S BAR, 1524 – 6TH AVENUE, SW; TWO CS INC. DBA SCHWAN'S RECREATION, 714 -1ST AVENUE, NE; JONDAHL INC. DBA SILVER DOLLAR BAR, 119 S. MAIN STREET; SOOPER STOP INC. DBA SOOPER STOP, 19 N. DAKOTA STREET; SOUTH C STORE INC. DBA SOUTH C STORE, 1020 S. MAIN STREET; TETON DEVELOPMENT, LLC DBA 901 – 6TH AVENUE, SE SUITE #100; WAL-MART STORES INC. DBA WAL-MART, 3820 - 7TH AVENUE, SE; OCHENTA INC. DBA C-EXPRESS STATE, 524 - 6TH AVENUE, SE; RETAIL ON-OFF SALE WINE LICENSES (RW) - APEX EVENTS LLC DBA APEX EVENTS NSU BARNETT CENTER, 1302 S. STATE STREET; BRASS KETTLE LLC DBA THE BRASS KETTLE, 322 S. MAIN STREET; OCHO INC. DBA CASINO KORNER, 707 - N. 2ND STREET; GUADALAJARA III INC. DBA GUADALAJARA MEXICAN RESTR., 3015 – 6TH AVE., SE; HEARTLAND CASINO, LLC DBA HEARTLAND PLAYERS CLUB, 1923 - 6TH AVE.,SE #102; KARISMA LLC DBA KARISMA BOUTIQUE, 305 S. MAIN STREET; KESSLERS INC. DBA KESSLER'S LIQUOR, 621 - 6TH AVENUE, SE; KARLA STANGL DBA PALM GARDEN, 602 S. 3RD STREET; REGENCY MIDWEST VENTURES LP DBA RAMKOTA INN, 1400 - 8TH AVENUE, NW; STACY GOSSMAN DBA SCOTTY’S DRIVE INN BAR & GRILL, 719 N. MAIN STREET; SLACKERS LLC DBA SLACKERS BAR, 319 S. MAIN STREET; WAL-MART STORES INC. DBA WAL- MART, 3820 - 7TH AVENUE, SE. REQUEST TO DECLARE SURPLUS PROPERTY – a transmitter and a receiver for a fault finder from the Public Works Department - Traffic Control Division and allow the sale of the surplused items to Ditch Witch for $300.00 each. LICENSE – Taxi Cab Driver – Matthew Stephenson. PLATS – 1) Cargill Family Addition to Aberdeen in the SW ¼ of Section 19, T123N, R63W of the 5th P.M., Brown County, SD (1707 South Dakota Street); 2) Centennial Commons  17087 Third Addition to the City of Aberdeen in the NW ¼, SE ¼ of Section 17, T123N, R63W of the 5th P.M., Brown County, SD (115 Lafayette Street); 3) Steven Lust Automotive Addition to the City of Aberdeen in the SW ¼ of Section 14, T123N, R64W of the 5th P.M., Brown County, SD (1208 and 1220 – 6th Ave., SW); 4) J & S Skorczewski Consolidation Subdivision in Aberdeen in the NW ¼ of Section 19, T123N, R63W of the 5th P.M., Brown County, SD (1513 – 12th Avenue, SE); 5) VanWagner Addition to the City of Aberdeen in the NE ¼ of Section 23, T123N, R64W of the 5th P.M., Brown County, SD (817 South 10th Street); 6) J and D Lee Addition to the City of Aberdeen in the NE ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, SD (818 Willow Drive and 1606 Birch Drive); 7) Ellsbee First Addition to Aberdeen in the SW ¼ of the NE ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, SD (1614 Olive Drive) with stipulation that lot width and setback variances are granted and that each lot has a separate water service; 8) Aberdeen Christian School-Avera Addition to the City of Aberdeen in the NW ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, SD (1500, 1530, 1604, and 1620 Hwy #281 North; 1419 and 1815 Willow Drive) with stipulation that the petition to rezone for the same is approved. SET BID DATE – of January 9, 2018 at 2:00 p.m. for advertisement for bids on One 2018 Tandem Truck/Box & Hoist for the Public Works Department – Street Division. DEPARTMENTS’ BOARDS REPORTS AND MINUTES – Aberdeen City Planning Commission Meeting Minutes; Brown County/Aberdeen City Planning Commission Meeting Minutes; Board of Zoning Adjustment Meeting Minutes; K.O. Lee Aberdeen Public Library Board of Trustees Meeting Minutes; Parks & Recreation Board Meeting Minutes – receive and place on file. All voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 17-12-02 City Planner Ken Hubbart presented a petition to rezone certain property from (R-2) Medium Density Residential District, (R-2) Medium Density Residential District/(R-4) Special Density Residential District, and (C-1) Neighborhood Commercial District/(R-4) Special Density Residential District to (M) Municipal, State, and County Use District for Bike Trail Lot 1 of Dakota Midland Hospital Outlot 1 and Bike Trail Lot 1 of Lot C, Block 12, Wylie Park Estates 5th Addition and Bike Trail Lots 1 and 2 of Lot B, Block 12, Wylie Park Estates 5th Addition all in the NW ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, SD (Public Bike Trail adjacent to Aberdeen Christian School and Aberdeen Health & Rehab). Rux moved, Remily seconded to approve first reading of Ordinance No. 17-12-02 to rezone the property. Upon roll call, all voting aye, motion carried. ORDINANCE NO. 17-12-03 City Planner Ken Hubbart presented a petition to rezone certain property from (R-2) Medium Density Residential District/(R-4) Special Density Residential District and (R-2) Medium Density Residential District to (R-2) Medium Density Residential District for proposed Lots 1 and 2, Aberdeen Christian School-Avera Addition to the City of Aberdeen in the NW ¼ of Section 11, T123N, R64W of the 5th P.M., Brown County, SD (1500, 1530, 1604, and 1620 Hwy #281 North; 1419 and 1815 Willow Drive). Bunsness moved, Johnson seconded to approve first reading of Ordinance No. 17-12-03 to rezone the property. Upon roll call, all voting aye, motion carried. ORDINANCE NO. 17-12-08 Transportation Director Cody Roggatz presented Ordinance No. 17-12-08 to lease Airport Property for Hangar Areas for five (5) years as required by Aberdeen City Code Section §2-81. John Aman, a hangar tenant at the Airport, was present with concerns  17088 regarding the rental rates. Bunsness moved, Johnson seconded to approve first reading of Ordinance No. 17-12-08 as presented. Upon roll call, all voting aye, motion carried. PAYMENT FOR AIRPORT EQUIPMENT Transportation Director Cody Roggatz presented a payment request in the amount of $1,271,998.00 to M-B Companies, Inc. for two Heavy Duty Airport Multi-Tasking Snow Removal Vehicles, forward mounted cab 24 ft. flared plow with hands free hitch 22 ft. high performance runway broom, purchased under Airport Improvement Project Grant #3-46- 0001-37-2017. The City will be reimbursed at 90% federal funds and 5% state funds so the City’s share at 5% is about $63,599.90. Rux moved, Bunsness seconded to approve the payment request in the amount of $1,271,998.00 to M-B Companies. Upon roll call, all voting aye, motion carried. SUPPLEMENT TO FIRE DEPT BUDGET City Finance Officer Karl Alberts presented a request for a supplement to the Fire Department Budget for grant expenses incurred in 2017. Rux moved, Remily seconded to approve the supplement to the Fire Department Budget in the amount of $47,700.00 for grant expenses paid during 2017. All voting aye, motion carried. BID FOR ASPHALT GRINDER City Engineer Robin Bobzien explained a bid received on December 19, 2017 for one new 2017 Asphalt Grinder for the Public Works – Street Division. Johnson moved, Bunsness seconded to award the Asphalt Grinder Bid in the amount of $112,990.00 to Asphalt Zipper and to authorize the City Manager and City Finance Officer to sign all necessary documents after approval by the City Attorney. All voting aye, motion carried. CHANGE ORDER/PAYMENT FOR MILL & OVERLAY PROJECT City Engineer Robin Bobzien presented Change Order #3 and Payment Request #4 both in the amount of $950.00 for Lien Transportation for work on the Mill & Overlay Project (ST-2016-3). Remily moved, Lunzman seconded to approve Change Order #3 in the amount of $950.00 and Payment Request #4 in the amount of $950.00 to Lien Transportation. Upon roll call, all voting aye, motion carried. BILLS Bunsness moved, Ronayne seconded to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 29,602.35; Chris Frost 11,005.09; Bantz, Gosch & Cremer Trust 13,886.60; Klas Group 34,405.63; Neil & Joan Bellikka 54,806.12; Prairie’s Edge Development 29,791.64; Depot Revival LLC 6,390.54; Homes Are Possible Inc. 53,098.69; Homes Are Possible Inc. 7,837.40; SD Dept. Environmental & Natural Resources 25,000.00; Direct Automation 4,141.76; Banner Associates 4,219.50; Morrison Construction 25,597.85; ETS Corp. 1,250.00; Dacotah Bank 3,700.00; Plug N Pay 1,000.00; Infintech 1,000.00; United Parcel Service 90.54; Roger Werth, MD 224.98; M-B Companies, Inc. 6,308.00; Fleet Services 78.99; Eddie Falcon 38.24; Avera St. Lukes 32.04; Aberdeen Housing 26.61; Dennis Kamen 19.53; Bev Svarstad 84.53; Best Western Ramkota 3,055.00; CVB 33,026.00; Business Improvement Dist. 2,896.85. Upon roll call, all voting aye, motion carried. PAYROLL Remily moved, Rux seconded to approve the payroll for the period from December 10, 2017 through December 23, 2017 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 131,885.86; SD Retirement 73,233.60; Governing Body 3,192.28; City Manager 7,706.54; City Attorney 6,470.30; Finance 13,310.40; HR 8,305.60; Building 262.36; Computer 4,623.72; Planning/Zoning 13,932.95; Engineering 13,240.25, Emelia Nelson 15.00 hr, Destin Spellman 15.00 hr; Police 115,027.20, Matthew Hovendick 21.72 hr, Christina Johnson 21.72 hr, Brian LaCroix 21.72  17089 hr, Tanner Seaman 21.72 hr; Fire 95,714.69; Housing/Building 6,174.55; Street 28,659.84; Traffic 5,099.58; Solid Waste 19,012.15, Zachary Hammrich 12.00 hr; Transportation/Ride Line 16,730.30; Library 25,866.73; Parks, Rec & Forestry 85,025.92, Emily Davis 10.75 hr, Andrew Mitchell 11.00 hr, Madeline Scarlett 10.00 hr, Elsa Swanson 10.50 hr, Matthew Wiebers 17.83 hr, Airport 16,733.47, Jack Krauscher 12.00 hr; Pipe 19,134.77; Water Treatment 16,206.02; Meter 2,718.40; Water Reclamation 18,851.16; Pump 8,029.72; Old Federal Crths Bldg 1,619.60. Upon roll call, all voting aye, motion carried. CITY MANAGER’S REPORT City Manager Lynn Lander noted that there will be a work session on January 8th to discuss the Promotion Fund, after the regular meeting. There being no further business, Johnson moved, Ronayne seconded that the meeting be adjourned. All 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, December 27, 2017, at 8:45 a.m., Joint City Council and County Commission Meeting. Mayor Mike Levsen presiding. Present at roll call were City Councilors Alan Johnson, Rob Ronayne, Clint Rux, and Jennifer Slaight-Hansen. City Councilors David Bunsness, Dave Lunzman, Dennis “Mike” Olson, and Mark Remily were absent. Brown County Commissioners present were Tom Fischbach, Doug Fjeldheim, Duane Sutton, and Rachel Kippley. Brown County Commissioner Nancy Hansen was absent. City Staff present were Ken Hubbart and Karl Alberts. County Auditor Maxine Fischer was also present. ORDINANCE NO. 17-12-01 Ordinance No. 17-12-01 to rezone certain property from (A-1) Agricultural District and (M-AG) Mini-Agricultural District to (M-AG) Mini-Agricultural District for proposed Lots 1, 2, and 3, N & C Sanderson Outlots in the NE ¼ of Section 34, T123N, R64W of the 5th P.M., Brown County, SD (2304 Sanderson Drive and 2043 – 135th Street, SW) was presented. Johnson moved, Rux seconded to approve first reading of Ordinance No. 17-12- 01. Upon roll call, all present voting aye, motion carried. Sutton moved, Fjeldheim seconded to approve Ordinance No. 17-12-01 (472) as presented. All present voting aye, motion carried. There being no further business, Ronayne 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.