Aberdeen City Council

17307 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, December 10, 2018 at 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Mike Levsen presiding. Present at roll call were City Council Members 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, Robin Bobzien, Brett Bill, Jordan McQuillen, Dave McNeil, Rich Krokel, and Bob Braun. Mayor Levsen led the Pledge of Allegiance. MINUTES Motion by Bunsness, second by Slaight-Hansen to approve the minutes of December 3, 2018, as circulated. All voting aye, motion carried. OPEN FORUM – Scott Grebner spoke about issues with proposed Ordinance No. 18-11-01 regarding not being allowed to park on the grass next to the driveway of his residence and requested special consideration for limiting factors. OLD BUSINESS ORDINANCE NO. 18-11-01 Motion by Johnson, second by Remily to approve second reading of Ordinance No. 18- 11-01 revising Chapter 26 of the City Code relating to public nuisances. City Attorney Ron Wager requested changes to Ordinance No. 18-11-01. Motion by Rux, second by Ronayne to amend Ordinance No. 18-11-01 as requested by the City Attorney as follows: In Sec. 26-118(c) (18), delete “s” in “areas” and after “other than on a” insert “permeable or porous pavement or”. All voting aye, motion carried. Motion by Ronayne, second by Bunsness to amend Ordinance No. 18-11-01 as follows: In Sec. 26-118(c)(18), after the first sentence insert “Provided, however, that this prohibition shall not apply to a vehicle, camper, trailer, or watercraft that is enclosed by a fence, wall, hedge, or other substantial obstruction and is not visible to the public from the adjacent street.” All voting aye, motion carried. Motion by Olson, second by Bunsness to amend Ordinance No. 18-11-01 as follows: In Sec. 26-118(c)(4), replace “icebox” with “freezer” and replace “or other container” with “or container that may be closed on a child”. Bunsness, Johnson, Lunzman, Olson, Remily, Ronayne, Rux, and Mayor Levsen voting aye, Slaight-Hansen voting nay, motion carried. Motion by Olson, second by Bunsness to amend Ordinance No. 18-11-01 as follows: Delete definition of “disused” in Sec. 26-117; and in Sec. 26-118(c)(1) delete “and other disused items” and “disused items” and insert “discarded items such as” after “but not limited to,”; in (c)(4) delete both of the words “disused” and replace each with “abandoned or discarded”; and in (c)(5) delete “disused” in the first and second lines and “disused or” in the fourth line. Bunsness, Johnson, Lunzman, Olson, Remily, Rux, Slaight- Hansen, and Mayor Levsen voting aye, Ronayne voting nay, motion carried. Motion by Olson, second by Bunsness to amend Ordinance No. 18-11-01 as follows: In Sec. 26-118(c)(1), delete “household fixtures and furnishings,”. All voting aye, motion carried. Motion by Olson, second by Johnson to amend Ordiannce No. 18-11-01 as follows: In Sec. 26-118(c)(3), insert “and” before “washtubs” and delete “, lawn mowers, tillers, chainsaws, snow blowers, and garden equipment”. All voting aye, motion carried. Motion by Olson, second by Bunsness to amend Ordinance No. 18-11-01 as follows: In Sec. 26-118(c)(5), after “unlicensed vehicles,” in the first line insert “machines, equipment,” ; delete “and” after “bicycle parts,”; after “motors” insert “, and yard and garden equipment,”; and after “any motor vehicle” insert “or salvage materials”. All voting aye, motion carried. Motion by Olson, second by Ronayne to amend Ordinance No. 18-11-01 as follows: In Sec. 26-118(c)(7), after “combustible refuse” insert”, dead vegetation, dead trees, etc.”; after “cardboard, etc.” insert”, other than when in a proper compost device in the rear yard; dead trees when in view of any adjacent properties or public rights-of-way”; and delete Sec. 26-118(c)(13) and renumber subsections thereafter. All voting aye, motion carried.  17308 There being no further amendments, Mayor Levsen called for approval of second reading of Ordiannce No. 18-11-01, as amended. Upon roll call vote, Bunsess, Johnson, Lunzman, Olson, Remily, Rux, Slaight-Hansen, and Mayor Levsen voting aye, Ronayne voting nay, motion carried. Mayor Levsen noted that the substance of the ordinance was substantially altered at second reading so final adoption of the ordinance will be considered at the next regular meeting. ORDINANCE NO. 18-12-02 Motion by Lunzman, second by Olson to approve second reading and final adoption of Ordinance No. 18-12-02 setting the fees and charges for certain services provided by the City of Aberdeen for 2019. Upon roll call vote, all voting aye, motion carried. CONSENT CALENDAR Motion by Ronayne, second by Remily to approve the following items on the consent calendar: SET HEARING DATE – of December 31, 2018 at 5:30 p.m. for a petition to rezone from (A- 1) Agricultural District to (R-2) Medium Density Residential District for property described as Lot 1, Prairie’s Edge Thirteenth Addition to the City of Aberdeen in the NW ¼ of Section 8, T123N, R63W of the 5th P.M., Brown County, SD (3004 – 24th Ave., NE). SET HEARING DATE – of December 31, 2018 at 5:30 p.m. for an application for Special One-Day Retail Liquor License on January 10, 2019 for Aberdeen Area Chamber of Commerce dba Steven Lust Automotive Showroom, 1314 – 6th Ave., SW. LICENSE – Private Security – Barbara Dillon LOTTERY NOTICES – Catholic United Financial and Bethlehem Lutheran Church Pre-K – receive and place on file. All voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 18-12-03 Ordinance No. 18-12-03 establishing the number of regular full-time positions and their position titles and fixing the bonds of City Officials and Employees was presented. City Manager Lynn Lander mentioned that there are 272 full-time employees for the year 2019 and two positions were added, a school resource officer and a maintenance employee. Ronayne questioned the need for bonds for city officials and employees. Motion by Remily, second by Ronayne to approve first reading of Ordinance No. 18-12-03. Upon roll call vote, all voting aye, motion carried. ORDINANCE NO. 18-12-04 Motion by Ronayne, second by Remily to approve first reading of Ordinance No.18-12- 04 supplementing the 2018 Budget for various unanticipated projects, activities, and expenses. Upon roll call vote, all voting aye, motion carried. ORDINANCE NO. 18-12-05 City Engineer Robin Bobzien presented Ordinance No. 18-12-05 revising Chapter 52 – Traffic and Vehicles of the City Code regarding the prohibition against unmuffled jake braking. Motion by Bunsness, second by Slaight-Hansen to approve first reading of Ordinance No. 18- 12-05. Upon roll call vote, all voting aye, motion carried. AGREEMENT AMENDMENT ON WATER INTAKE IMPROVEMENTS Water Treatment Superintendent Bob Braun presented an agreement amendment #3 with Clark Engineering in the amount of $20,750 for engineering services on the Water Treatment Intake Protection & Channel Improvements Project. Motion by Johnson, second by Remily to approve the agreement amendment #3 with Clark Engineering for engineering services on the Water Treatment Intake Protection & Channel Improvements. All voting aye, motion carried. CHANGE ORDER/PAYMENT FOR THIRD AVE. SE IMPROVEMENTS  17309 City Engineer Robin Bobzien presented a Change Order in a decrease of -$4,484.03 and a Payment Request in the amount of $63,306.37 for Sharpe Enterprises for work on the Third Ave., SE Street Improvements. Motion by Rux, second by Olson to approve Change Order #2 for a decrease in the amount of -$4,484.03 and Payment Request #3 in the amount of $63,306.37 for Sharpe Enterprises. Upon roll call vote, all voting aye, motion carried. PAYMENT FOR WATER LOOP PROJECT City Engineer Robin Bobzien presented a Payment Request in the amount of $147,220.41 to B & B Contracting for work on the 281 Watermain Loop Project. Motion by Lunzman, second by Ronayne to approve Payment Request #2 in the amount of $147,220.41 to B & B Contracting. Upon roll call vote, all voting aye, motion carried. PAYMENT FOR S. 2ND ST. TRAFFIC SIGNAL INSTALL City Engineer Robin Bobzien presented a Payment Request in the amount of $2,390.75 to Ringgenberg Electric for work on the S. 2nd St. Traffic Signal Installation Project. Motion by Ronayne, second by Olson to approve Payment Request #5 in the amount of $2,390.75 to Ringgenberg Electric. Upon roll call vote, all voting aye, motion carried. PAYMENT REQUESTS FOR AIRPORT PROJECT WORK Transportation Director Rich Krokel presented the following payment requests for approval to authorize the City Manager to sign contingent upon Airport Board approval: Payment Request #1 – AIP #3-46-0001-40-2019 Design & Reconstruction of Taxiway ‘C’ to Helms & Associates in the amount of $5,972.01; Payment Request #4 – AIP #3-46-0001-39- 2018 Airport Master Plan/Layout Plan to Helms & Associates in the amount of $6,374.64; Payment Request for professional agreement to acquire passenger loading bridge to Helms & Associates in the amount of $472.50; and Payment Request #11 – AIP #3-46-0001-37-2017 Wildlife Hazard Assessment & Mitigation to Helms & Associates in the amount of $4,479.15. Motion by Johnson, second by Rux to approve Payment Request #1 in the amount of $5,972.01, Payment Request #4 in the amount of $6,374.64, Payment Request in the amount of $472.50, and Payment Request #11 in the amount of $4,479.15 to Helms & Associates for work on the Airport Projects. Upon roll call vote, all voting aye, motion carried. BILLS Motion by Slaight-Hansen, second by Bunsness to approve the following audited bills for services, supplies, repairs, and maintenance: Northwestern Energy 79,911.58; US Bank 25,974.40; SD Dept. of Revenue 10,711.78; Great Western Bank 93,841.80; KLAS Group 33,547.89; Dacotah Bank 47,955.72; CorTrust 23,977.88; B & B Contracting 188,314.77; AT & T 1,237.87; Dependable Sanitation 22,910.58; UPS 60.75; Matheson Tri-Gas Inc. 147.13; Fleet Services 281.42; Morrison Construction 9,512.35; Dustin Schmierer 47.00; Jeromy Thorstenson 71.00; Clark Engineering 3,225.81; Avera St. Lukes 15.73; Chow Main Properties 77.93; Amy Munsen 46.50; Jim Schriver 39.02; RAM Enterprises 30.37; Dean Hassebrook 86.51; Todd Cunningham 25.62; Ervin Kruse 41.46; Rod Eikamp 22.04; American Engineering Testing 12,020.00; Dakota Broadcasting 1,910.00; Rhodes Anderson Agency 2,500.00; MARCO Inc 62.29; American News 775.00; Aberdeen Chamber of Commrce 200.00; Praxair Distribution Inc 229.05; Justice Fire & Safety, Inc 225.00; Douglas Johnson 234.88; Rhodes Anderson Agency 1,161.00; Helms & Associates 6,617.50; MARCO Technologies 341.37; Bonnie Bitz 4,060.00; Tessman Company 348.34; RDO Equipment 1,894.81; Dakota Doors Inc 110.00; Northern Plains Animal Health 136.17; Leidholt Electric LLC 61.22; Dakota Electronics 2,413.65; Wenger Corp 110.00; Don’s Builders Hardware 930.50; Heartland Paper Co 329.56; John Crane Inc 474.48; Eddie’s Northside Sinclair 50.00; Quality Welding Inc 440.32; Cole Papers Inc 405.86; D Ervasti Sales Co., LLC 1,470.70; Jensen Rock & Sand Inc 1,516.00; Auto Value Part Stores/Hedahls 942.14; CASH-WA Distributing 183.82; Matt Prehn 32.00; House of Glass, Inc. 267.43; Nelson Sales & Service, LLC 15.12; Kesslers Inc. 11.88; MAC’s Inc 112.69;  17310 Minnesota Knife 106.20; Farnums Genuine Parts 434.85; NSU Workstudy 231.92; Pantorium 59.70; Dakota Supply Group 517.86; Midstates Group 206.25; Avera St Luke’s Hospital 4,735.50; Light & Siren 2,906.02; Sherwin-Williams Co 337.60; Stan Houston Equipment Inc 126.00; Town & Country Lumber inc 170.54; Wright & Sudlow 2,660.00; Hannah Lagerquist 59.64; Recorded Books, Inc 130.48; DEMCO Inc 141.34; GALE/CENGAGE Learning 579.75; Gold Pages Publishing Inc 199.00; Fastenal Company 862.52; Totally Tubular Mfg 606.85; Gametime 8,055.76; North Wind Machine 44.20; Cody Roggatz 156.00; Taylor Music 110.00; Scott Kusler 132.00; Ladner Electric 408.58; Meyers Auto Inc. 25.00; Aberdeen Exchange Club 78.68; Tim Reed 250.00; Dependable Sanitation Inc 1,829.02; Center Point Large Print 110.14; Amy Scepaniak 72.00; AAP of Aberdeen SD 134.34; WISP Services LLC 60.00; Newsbank Inc 4,561.00; Jade Gallagher 72.00; Madeline Goetz 96.00; JLM Golf LLC 6,856.98; Ashlyn Miller 96.00; Cartney Bearing Co 53.35; SD Dept Health Lab 34.00; Pauer Sound & Music Inc 30.50; Titan Access Acct/Productivity Plus Acct 62.02; Hub City Radio 400.00; Executive Management 54.71; EBSCO Information Services 3,015.59; Service Signs Inc 153.06; West Payment Center 74.55; Parkview Nursery Inc 2,441.25; Downie’s Piano Tuning & Repr 30.00; Dakota Fence Co 187.99; Midland Lease Division 250.54; Jon Droege 365.00; Spohn Ranch Inc 3,155.32; Federal Express Corp 42.60; Bookpage 324.00; Midcontinent Business Solutions 800.00; Menards 2,263.81; Taste of Home Books 33.98; Shannon Broderson 72.00; Tythe Mischke 104.00; Pheasant Country Express 2,795.47; Marcia Sveen 25.00; Dakota Fluid Power Inc 693.77; Borns Group 1,309.63; FP Mailing Solutions 135.00; OCLC Inc 920.72; Impact Janitorial 444.26; Rod Kurtz 130.00; William Horner 50.00; SDPRA 360.00; Aaron Kiesz 76.00; Matheson Tri-Gas Inc 95.84; POMP’s Tire Service 35.00; SD Humanities Council 100.00; Van Diest Supply Co 393.00; SPOTSLAM 120.00; Camby’s Pass Inc 840.35; American Solutions For Business 608.85; Dakota Oil 156.95; Spencer Dobson 18.75; Herfort Norby Golf Course Architects 2,538.43; Patrick Calvillo 60.00; Adam Henning 60.00; McKinley Hoselton 60.00; Jacob Schweitzer 30.00; AREA Inc 450.00; Venmill Industries 137.44; Best Western Ramkota Pierre 1,455.87; Steve Markley 198.00; Kerry Wenbourne 154.00; Aberdeen Plumbing & Heating Inc 799.81; Pro Ag Supply Inc 41.46; Randy Murphy 666.00; Tom Suedmeier 432.00; Midwest Tape 64.93; Newman Traffic Signs 159.07; Curt Fredrickson 200.00; Tyler Bierman 28.00; GRAINGER 651.66; Cooper Animal Clinic 121.52; AG Spray Equipment 181.84; Ameripride Services Inc 1,444.57; Bowers Tree Service 5,400.00; The Training Place 4,670.31; My Place Hotel 140.00; A & A Towing 175.00; 080 Leasing 4.50; Domino’s Pizza 171.74; Insurance Plus 1,369.00; Carla Jo Krege 322.00; Sara Scepaniak 112.00; Daniel Orr 48.00; Luke Bunke 132.00; Ronald Sieler 165.00; Tyler Oliver 144.00; Bradley Cihak 48.00; Megan Kusler 462.00; Samantha Scepaniak 104.00; Stephanie Sorensen 600.00; Jonathon Murdy 2,500.00; Runnings Supply Inc 1,931.94; Gary’s Engine & Repair 7,083.91; Angie Walth 15.77; John Litwiller III 60.00; Brady Vandewort 60.00; Elizabeth Haller 50.00; Larry Yaroch 15.00. Upon roll call vote, all voting aye, motion carried. PAYROLL Motion by Johnson, second by Olson to approve the payroll for the period from November 25, 2018 through December 8, 2018 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 116,655.18; SD Retirement 71,780.93; Governing Body 3,192,28; City Manager 8,113.11; City Attorney 6,806.59; Finance 13,809.52; HR 7,457.60, Building 1,669.75; Computer 3,510.59, Saw Dai 23.39 hr; Planning/Zoning 14,544.15; Engineering 12,665.40; Police 111,784.95, Zachary Krage 23.39 hr; Fire 106,627.91, Housing/Building 6,486.55; Street 27,859.98; Traffic 3,579.34; Solid Waste 20,554.55; Transportation/Ride Line 17,879.42, Library 25,680.79; Parks, Rec & Forestry 91,639.86, Julia Barnett 9.00 hr, Adam Johnson 11.00 hr, Lane Kettering 9.00 hr, Gregory Lux 11.00 hr, Kyle Trefethren 11.25 hr; Airport 15,056.13; Pipe 23,525.58; Water  17311 Treatment 18,193.20; Meter 1,536.00; Water Reclamation 19,400.59; Pump 7,443.35, Old Federal Crths Bldg 1,640.10. Upon roll call vote, all voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander presented the City Manager’s Report which included a Pigeon Control Update on a contract with Tom Black which expires April, 2019. There being no further business, motion by Ronayne, second by Bunsness that the meeting be adjourned. All voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Jordan McQuillen, Deputy Finance Officer.