Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, JANUARY 14, 2019 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. MINUTES, CITY COUNCIL MEETING OF JANUARY 7, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET HEARING DATE OF JANUARY 28, 2019 AT 5:30 P.M. – SPECIAL RETAIL ON-SALE LIQUOR LICENSES FOR ABERDEEN CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS ON FEBR. 14TH AT PLAINS COMMERCE BANK, 524 S. DAKOTA ST. AND ON MARCH 14TH AT BOYS & GIRLS CLUB, 1121 – 1ST AVE., SE B. LICENSES: 1. AMBULANCE DRIVER – MICAIAH BUSHNELL 2. AMBULANCE DRIVER – ROBERT KEEFE 3. AMBULANCE DRIVER – BRYAN KIRSCHENMANN 4. AMBULANCE DRIVER – SAVANNA NEACE 5. AMBULANCE DRIVER – SABRINA NELSON 6. AMBULANCE DRIVER – JEFF SEVERSON 7. TAXI CAB DRIVER – CHEYENNE ALSUP 8. TAXI CAB DRIVER – MICHAEL LANDIS 9. TAXI CAB DRIVER – JOHN LECHNER C. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE: 1. BROWN COUNTY PET RESCUE LEAGUE 2. LINCOLN ELEMENTARY PTA 5. NEW BUSINESS A. NORTHEAST COUNCIL OF GOVERNMENTS (NECOG) JOINT COOPERATIVE AGREEMENT FOR UPCOMING YEAR – POSSIBLE APPROVAL AND AUTHORIZE MAYOR TO SIGN AGREEMENT B. BILLS: APPROVAL OF BILL LIST FOR JANUARY 14, 2019 C. CITY MANAGER’S REPORT 6. ADJOURN 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. Page 1 of 31 01/10/2019 Page 2 of 31 01/10/2019 Page 3 of 31 01/10/2019 Page 4 of 31 01/10/2019 Page 5 of 31 01/10/2019 Page 6 of 31 01/10/2019 Page 7 of 31 01/10/2019 Page 8 of 31 01/10/2019 Page 9 of 31 01/10/2019  City of Aberdeen - Request for Council Action January 14, 2019 Agenda Section – Consent Calendar - This request for Council Action lists all the items which have been included in the consent agenda for this meeting. The City Council can approve all of the items with a single motion to approve. The Mayor will allow the Council Members an opportunity to state whether there are any of these items which you wish to have removed from the Consent Agenda approval and to have discussed and acted upon separately by the City Council. Items: A. SET HEARING DATE OF JANUARY 28, 2019 AT 5:30 P.M. – SPECIAL RETAIL ON-SALE LIQUOR LICENSES FOR ABERDEEN CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS ON FEBR. 14TH AT PLAINS COMMERCE BANK, 524 S. DAKOTA ST. AND ON MARCH 14TH AT BOYS & GIRLS CLUB, 1121 – 1ST AVE., SE B. LICENSES: 1. AMBULANCE DRIVER – MICAIAH BUSHNELL 2. AMBULANCE DRIVER – ROBERT KEEFE 3. AMBULANCE DRIVER – BRYAN KIRSCHENMANN 4. AMBULANCE DRIVER – SAVANNA NEACE 5. AMBULANCE DRIVER – SABRINA NELSON 6. AMBULANCE DRIVER – JEFF SEVERSON 7. TAXI CAB DRIVER – CHEYENNE ALSUP 8. TAXI CAB DRIVER – MICHAEL LANDIS 9. TAXI CAB DRIVER – JOHN LECHNER C. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE: 1. BROWN COUNTY PET RESCUE LEAGUE 2. LINCOLN ELEMENTARY PTA C:\Users\file.finance\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\4APLA05U\Request for Cl Action - Consent Calendar.doc Page 10 of 31 01/10/2019 Page 11 of 31 01/10/2019 Page 12 of 31 01/10/2019 Page 13 of 31 01/10/2019 Page 14 of 31 01/10/2019 Page 15 of 31 01/10/2019 Page 16 of 31 01/10/2019 Page 17 of 31 01/10/2019 Page 18 of 31 01/10/2019 Page 19 of 31 01/10/2019 Page 20 of 31 01/10/2019 Page 21 of 31 01/10/2019 Page 22 of 31 01/10/2019  NOTICE OF INTENT TO HOLD BINGO GAME OR LOTTERY NOTICE IS HEREBY GNEN that the hereinafter described organization: ( ) bona fide Congressionally Chartered Veterans f'h. Religious, Charitable, Educational or Fraternal ( ) Local Civic or Service Club ( ) Political Party ( ) Volunteer Fire Department ( ) Political Committee on behalf of Candidate for Political Office c duly exists under laws of STATE of SOUTH DAKOTA and desires to hold Lottery as provided by SDCL 22-25-25. which organization states as follows: Organization Name:{v@VX' _J5\J..V':h; Qe.A- Q{sCuA- lJu<~ Address: lOW Ct'i1 N~ % S\-l. \ ~ l'il Manager: ToJ..ese Neil~ Phone Number· (.tOV 'LP\O ·°lo~'l Dates Bingo or Lottery will be held: _.-.--=Jo..;;D.'-'-V"-..;...__l_~--'---------------------­ Type: Bingo ( ) or lottery (raffle) ()4.to be held (if not Bingo. describe below) and Indicate prizes to be offered: ~ ~n'& ( ~tt..f\ <tl.du ')-k.-.r-b ~ \IC>.;'~05 '<t~MS Ctu\ ((4;t\J Said Organization also states: (Fill in blanks or check box to indicate having read) 1. That the proceeds of the bingo or lottery will be used as follows: -h> ffbU~~ ~!"()\~ -b,.,. ~ ~ lt.L- -\> open::;X:;L pruyr-GA.-... S and will not inure to the benefit of an Individual. •socL 22-25-25(2) 2. No separate organization or professional person is/will be employed to conduct lottery. •socL 22-25-25(3) ~ 3. No compensation of any kind In excess of state minimum wage per hr. or sixty dollars, (whichever is greater) is paid to any person rendering service to conduct lottery. (Does not apply to games or lotteries conducted in connection with county fair (SDCL 7-27·3), state fair (SDCL 1-21) or civic celebration recognized by resolution or other official action of governing body of county, municipality or village. *SOCL 22-25-25(4) W 4. No priZe in excess of $2,000 will be awarded at any one play of bingo and no lottery prize in excess of $30,000 in value. However, a lottery prize of $30,000 or less in value may also be given to person who sells a winning lottery ticket or share as long as winning lottery ticket/share is selected at random. •socL 22-25-25{5) c ">'-> 5. Said Bingo or lottery will be held thirty (30) days after fifing of this notica with Board of City Commissioners of City of Aberdeen unless said Board shall pass a resolution of objection thereto. •socL 22-25-25(6) ~ 6. No organization authorized to conduct bingo game/lottery under subdfvlsion (1) may enter Into lease or agreement with any other person or organization unless a distributor licensed pursuant to SDCL 22-25-28 or 22-25-51 inclusive, to provide equipment or service. *SDCL 22-25-25(7) ~ oate' 01/a<i//1 Signed ~ Title <;<L/.f-.-•t PRESENTED TO CITY co U IC IL this - - - - day of _ _ _ _ _ _ _ _ _ , 20_ _• who at this time Received and Placed said Notice of Intent on file L_) or adopted a Resolution of Objection (__J for the following reason:~------------~-----~----~---~----~--- aty Finance Offic.er 123 South Linco ln Street Aberdeen, SD 57401 Page 23 of 31 01/10/2019 Page 24 of 31 01/10/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting January 14, 2019 Agenda Section 5A Date: Originating Dept: New Business Finance Office Resolution N/A Ordinance Prepared by: N/A Eric Senger No. of Attachments Presented by: 5 pages Karl Alberts Item: Northeast Council of Governments (NECOG) Joint Cooperative Agreement for upcoming year. City Manager’s Proposed Action: Request Council move and second to approve and authorize the Mayor to sign the Joint Cooperative Agreement for the upcoming year with NECOG for the City of Aberdeen. Overview: NECOG provides administrative assistance for grants the City applies for and provides information and recommendations for development in the area served. This agreement is approved annually to allow the joint agreement to continue each year. Primary/Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Annual dues included in Governing Body budget for the upcoming year and will be paid when invoice received. Attachments: Joint Cooperative Agreement with NECOG. Page 25 of 31 01/10/2019  JOINT COOPERATIVE AGREEMENT FOR 2019 Article I Section 1. Authority. Pursuant to the Constitution of South Dakota and as provided in Chapter 1-24-1 to 1-24-10 of the SDCL, 1992 Revision, entitled "The Joint Exercise of Governmental Powers," the undersigned units of local governments hereby organize, form, and maintain the Northeast Council of Governments. As referenced in SDCL 1-24-1 to 1-24-10, in the event that the joint agreement financing of the Council be terminated due to lack of support by the governmental units within the area served, all equipment and supplies owned by the Council shall be sold by sealed bids to local units of government within the area boundaries or according to applicable Federal guidelines. The Chairperson, Vice Chairperson, and Secretary/Treasurer of the Council shall oversee the advertisement. receiving the bids, and opening the bids. Money received from the sale of Council equipment and supplies will be divided in the same manner as contributed by member counties and cities that financed the Council operations within the last year. Section 2. Duration of the Agreement The joint agreement represents a voluntary association of general- p u r p o s e units of local governments providing planning, technical aid, and assistance capabilities to its membership and other units of local governments. This agreement shall remain in effect as long as five counties representing 60 percent of the area population continue membership and financial support. Annual reaffirmation of commitment to this agreement by each member government shall take place prior to the beginning of the Council's fiscal year. Section 3. Governing Body. The governing body of the area served shall be the Northeast Council of Governments. Section 4. Fiscal Year. The fiscal year of the Council shall begin on the first day of January and terminate on the thirty-first day of December and the term of this JCA covers the entire fiscal period referenced. Section 5. Bylaws. The Council shall create and provide for bylaws detailing activities and procedures of the Council. The formation of or amendments to such bylaws shall take the affirmative vote of two-thirds of the members present. Article II Section 1. Members. Membership shall consist of 1) two county commissioners from each county, selected by the respective county commission, 2) in member counties, one mayor or city council member from each city of at least 950 population or from the largest city in the county if no cities are at least 950 population. 3) one representative of non-governmental or private sector interests from each member county, and 4) one representative from the tribal council in a member dues-paying county. Section 2. Ex-Officio Membership. NECOG JCA 2019 Page 26 of 31 01/10/2019 The Chairperson of all Council subcommittees shall serve as nonvoting members of the Council. In addition, the Council may, when deemed advisable by the majority of the Council members, appoint nonvoting members in an advisory capacity or appoint additional voting members not to exceed one-half of the regular membership. Section 3. Proxies. Each Council member, with the approval of his respective governing board, may appoint a temporary representative to serve in his absence. The appointed individual assumes all rights and privileges of the Council member. Article Ill Section 1. Regular Meetings. The Council shall establish a schedule of regular meetings at such place and time within the area as it may designate. Section 2. Meetings--Special. Upon the written request of eight members of the Council or when deemed expedient, the Chairperson shall call a special meeting of the Council for the purpose of transacting business designated in the call. The call for such special meeting shall be delivered to each member or may be mailed to each member not later than three days before the meeting. At such special meeting, no business shall be considered other than is designated in the call. Section 3. Quorum. A majority of members of the Council shall constitute a quorum for the purpose of conducting business. When a quorum is present, a majority of those present will decide all issues presented. Section 4. Rules--Action of the Council. The rules contained in the last revised edition of Robert's "Rules of Order" shall apply in all meetings of the Council to the extent that such rules are not in conflict with the agreement or its bylaws. !n the conduct of all business by the Council, the following is set forth as a guiding principle. 1. It is the basic objective of this Council to unite all beliefs and interests in the fulfillment of a sound program for the development of the area served. 2. This objective can only be obtained by the use of the best techniques of group thinking and by minimizing any elements of force in the action of the group. 3. It is the guiding policy of this Council that in all of its activities, every reasonable effort shall be made to attain the closest possible approach to unanimous consent. Article IV Section 1. Officers. The Council shall elect officers for the position of Chairperson, Vice Chairperson, and Secretary/Treasurer. Section 2. Subcommittees. The Council may form subcommittees to serve at the pleasure of the Council and to carry out its work. Section 3. Executive Board. Additionally, the Council may create, through bylaws, an Executive Board with delegated powers as specified in those bylaws. NECOG JCA 2019 2 Page 27 of 31 01/10/2019  Article V Section 1. Powers of the Council. 1. To prepare broad modular planning units of development for the area served, including, but not limited to population, economy, governmental services, utilities, education, housing, transportation, recreation, health, natural resources, manpower, law enforcement, social services, poverty, and economic development. 2. To assist individual counties and municipalities in the area to participate more effectively in State and Federal funding programs. 3. To review and make recommendations on projects which will affect the development of the area in accordance with the various plans and programs of the area served. 4. To recommend projects which will enhance the development of all resources to be carried out through existing governmental units or through a combination of these as applicable under State laws. 5. To compile, prepare, publish, and disseminate information about the various resources of the area served and subareas. 6. To cooperate and coordinate the activities of local grants with organizations similar to the council, State, and Federal agencies. 7. To analyze existing Federal and State legislation and programs to determine its effect on local governments. 8. To promote local decision making and local control of those projects and programs affecting the constituency of the area. Section 2. Limitation of Powers. In the carrying out of its purpose, powers, and functions, the Council, its members, and the Council staff shall remain within these guidelines or limitations: 1. AU plans shall be advisory only. 2. No zoning ordinances or subdivision standards regulating land use may be enacted by the Council. 3. The Council is to have no authority that would supplant or in any way interfere with or supersede the planning and development authority granted cities, counties, or tribal governments under other applicable State or Federal statutes. 4. Plans are to reflect goals and objectives for harmonious development of the area. 5. Plans prepared by or for the Council shall be transmitted to all affected governmental bodies which are members of the Council. It will be for these governmental bodies to adopt them as their own for purposes of planning and development. 6. No power of eminent domain is to be exercised. 7. The Council cannot engage in construction projects. 8. The Council cannot regulate the agricultural or other use of the land. NECOG JCA 2019 3 Page 28 of 31 01/10/2019 Section 3. Staff. For the purpose of this agreement, the Council is authorized to hire staff and provide all necessary support services to carry out the intent of this agreement. Article VI Section 1. Finance. The Council shall determine the amount of local matching money that will be requested from the boards of county commissioners and member cities for each fiscal year of the Council's operation. This amount will be determined after the Executive Director presents his/her proposed budget to the Council listing possible sources of Federal, State, local, and private funds available on a matching basis to operate the Council during each specific fiscal year. Section 2. Local Share. The local share for the next fiscal year shall not exceed the following amounts, with actual allocations determined by vote of the Council. Maximum Unit of Government Local Share Beadle County $15,440. 79 Huron 3,222.14 Brown County 24,746.02 Aberdeen 6,603.79 Groton 1,611.08 Campbell County 6,693.99 Herreid 1,611.08 Day County 9,385.82 Webster 1,611.08 Edmunds County 7,977.49 Ipswich 1,611.08 Faulk County 7,112.90 Faulkton 1,611.08 Hand 7,778.78 Miller 1,611.08 McPherson County 7,371 98 Eureka 1,611.08 NECOG JCA 2019 4 Page 29 of 31 01/10/2019  Marshall County 8,240.61 Britton 1,611.08 Potter County 7,351.84 Gettysburg 1,611.08 Spink County 9,924.18 Redfield 1,611.08 Walworth County 8,907.86 Mobridge 1,611.08 Article Vil Section 1. Amendments. Amendments to this agreement may only be made with the full concurrence of two-thirds majority of those present of the member governments. Section 2. Termination of this Joint Cooperative Agreement. With mutual written agreement from both parties, a member county may terminate the agreement for services. During the period of service under this JCA, the termination notice is to be provided in writing with six months notice prior to the end of each fiscal year to receive any dues reimbursement. The NECOG Executive Board has the authority to approve or deny the reimbursement request. Adopted on the day of , 2019 Chairperson ATTEST: Unit of Government NECOG JCA 2019 5 Page 30 of 31 01/10/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting January 14, 2019 Date: 5B Agenda Section New Business Originating Finance Dept: Resolution Ordinance Prepared by: Mary Campton No. of Attachments Presented by: Item: Bill List for January 14, 2019 City Manager’s Proposed Action: Motion by ____________________, second by ________________ to approve the bills as listed for payment. Overview: Bill List of vendors and description of items purchased and amounts due: BILL PAYABLES FOR 2018 $434,125.90 BILLS FOR 2019 $30,805.38 NORTHWESTERN ENERGY – UTILITIES $75,412.55 DEERE & COMPANY – TRACTORS FOR AIRPORT $54,837.99 DAKOTA SUPPLY GROUP – CARTRIDGES FOR CITY BATHROOM SINKS $68.43 AMERICAN NEWS – CITY AD PUBLICATION CHARGES $2,564.05 NORTHERN ELECTRIC – UTILITIES $6,838.61 WESTERN AREA POWER ADMIN. – BOOSTER/ORDWAY ELECTRIC $4,122.02 UNITED PARCEL SERVICE – PARCEL PICKUP CHARGES $30.20 SD DEPT. OF REVENUE – SALES TAX DUE $9,486.31 THE BOSTON FERN – FLOWERS FOR KULM FAMILY FROM AIRPORT $65.00 G & R CONTROLS INC. – ROOM TEMPERATURE SENSOR FOR AIRPORT $146.27 MIDSTATES GROUP – VINYL LOGO FOR AIRPORT DOORS $490.00 US BANK CORP. TRUST – PRINCIPAL/INT. PAYMT.–DRINKING/CLEAN WTR. $376,420.92 NVC – CELL PHONE CHARGES FOR JANUARY $92.35 REFUNDS ON UTILITY ACCOUNTS $120.05 CLARK ENGINEERING – PAYMENTS FOR GROUND WTR. EXPANSION $2,983.41 SD DEPT. ENVIRONMENT/NATURAL RESOURCES – WASTEWTR. FEE $25,000.00 Page 31 of 31 01/10/2019