Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, JANUARY 28, 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 22, 2019 4. PROCLAMATION – “ABERDEEN CATHOLIC SCHOOLS WEEK” JANUARY 27 – FEBRUARY 2, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. LICENSES: 1. PRIVATE SECURITY – TRACI DENIS 2. TAXI CAB DRIVER – LEE BUTLER B. DEPARTMENTS BOARDS’ REPORTS AND MINUTES – RECEIVE AND PLACE ON FILE: 1. ABERDEEN AIRPORT BOARD MEETING MINUTES 2. ABERDEEN CITY PLANNING COMMISSION MEETING MINUTES 3. K. O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES MEETING MINUTES 4. PARK & RECREATION BOARD MEETING MINUTES C. LOTTERY NOTICE – ABERDEEN AREA CHAPLAINS CORPS/CHRISTIAN FELLOWSHIP – RECEIVE AND PLACE ON FILE 6. NEW BUSINESS A. ORDINANCE NO. 19-01-01 AUTHORIZING THE ISSUANCE AND SALE OF BONDS FOR TIF #29 WITH MAXIMUM ISSUANCE OF $3,104,000 – POSSIBLE FIRST READING OF ORDINANCE B. PUBLIC HEARING ON FINAL APPROVAL OF SALE OF FORMER ALEXANDER MITCHELL LIBRARY SURPLUS REAL PROPERTY - POSSIBLE APPROVAL OF SALE OF PROPERTY TO KLINE STREET, LLP FOR THE PURCHASE PRICE OF $525,000 LESS CLOSING COSTS C. HEARING ON SPECIAL RETAIL ON-SALE LIQUOR LICENSES FOR ABERDEEN AREA CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS – FEBR. 14TH AT PLAINS COMMERCE BANK AND MARCH 14TH AT BOYS & GIRLS CLUB – POSSIBLE APPROVAL OF LIQUOR LICENSES D. PARKING DISTRICT ASSESSMENT ABATEMENTS FOR PROPERTY IN THE CITY LIMITS IN THE AMOUNT OF $2,281.54 – POSSIBLE APPROVAL OF ABATEMENTS E. FY 19 SECTION 5310 GRANT AWARD FROM SD DOT FOR PREVENTATIVE MAINTENANCE ON RIDE LINE BUSES – POSSIBLE APPROVAL AND AUTHORIZE CITY MANAGER TO SIGN GRANT F. BILLS: APPROVAL OF BILL LIST FOR JANUARY 28, 2019 G. CITY MANAGER’S REPORT 7. ADJOURN Page 1 of 78 01/24/2019 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 2 of 78 01/24/2019 Page 3 of 78 01/24/2019 Page 4 of 78 01/24/2019 Page 5 of 78 01/24/2019 Page 6 of 78 01/24/2019 Page 7 of 78 01/24/2019 Page 8 of 78 01/24/2019 Page 9 of 78 01/24/2019 Page 10 of 78 01/24/2019 Page 11 of 78 01/24/2019 Page 12 of 78 01/24/2019 Page 13 of 78 01/24/2019 Page 14 of 78 01/24/2019 Page 15 of 78 01/24/2019 Page 16 of 78 01/24/2019 Page 17 of 78 01/24/2019 Page 18 of 78 01/24/2019 Page 19 of 78 01/24/2019 Page 20 of 78 01/24/2019 Page 21 of 78 01/24/2019 Page 22 of 78 01/24/2019 Page 23 of 78 01/24/2019 Page 24 of 78 01/24/2019 Page 25 of 78 01/24/2019 Page 26 of 78 01/24/2019 Page 27 of 78 01/24/2019 Page 28 of 78 01/24/2019 Page 29 of 78 01/24/2019 Page 30 of 78 01/24/2019 Page 31 of 78 01/24/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting 6A Date: January 28, 2019 Agenda Section Originating New Business Finance Dept: Resolution N/A Ordinance Prepared 19-01-01 by: Karl Alberts No. of Attachments Presented 7 pages Karl Alberts by: Item: Request Council pass first reading of Ordinance 19-01-01 authorizing the issuance and sale of bonds for Tax Increment Financing (TIF) District #29 with a maximum allowable issuance amount of $3,104,000. City Manager’s Proposed Action: Motion by ___________ and second by ____________ to approve first reading of Ordinance 19-01-01. Overview: This ordinance is being requested by the Finance Office in accordance with the project plan approved for TIF District #29. Primary/Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: Ordinance 19-01-01 Page 32 of 78 01/24/2019  ORDINANCE NO. 19-01-01 ORDINANCE GIVING APPROVAL TO THE ISSUANCE AND SALE OF TAX INCREMENTAL REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $3,104,000 TO FINANCE THE PROJECT FOR TAX INCREMENT DISTRICT NUMBER 29, AUTHORIZING THE EXECUTION THEREOF AND APPROVAL OF RELATED DOCUMENTS WHEREAS, the City Council has established Tax Increment District Number 29; and WHEREAS, the City has approved a Project Plan for Tax Increment District Number 29; and WHEREAS, the City is authorized by South Dakota Codified Laws Chapter 11-9 to issue bonds to finance project costs associated with Tax Increment District Number 29. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aberdeen as follows: Section 1. Definitions. In addition to the words and terms elsewhere defined in this Bond Ordinance (including the preamble hereto), the following words and terms used in this Bond Ordinance shall have the following meanings: “Act” means South Dakota Codified Law Chapter 11-7. “Authorized Officer” means the Mayor, Finance Officer, City Manager, or such other officer authorized to act for the City. “Bonds” means not to exceed $3,104,000 Tax Increment Revenue Bonds (Tax Increment District 29), Series 2019. “City” means the City of Aberdeen, South Dakota. “City Council” means the Aberdeen City Council. “District” means Tax Increment District Number 29. “Ordinance” means this Ordinance. “Project” means the project costs of the District including infrastructure costs associated with the extension of water, sewer, electrical and storm drainage improvements associated with the creation of 32nd Ave NE, Nano Nagle Ave. NE, 34th Ave NE and the extension of North Congress Street, as detailed in the Project Plan. “Project Plan” means the project plan adopted by the City Council for Tax Increment District Number 29. 1 Page 33 of 78 01/24/2019 “Tax Increment Fund” means the special fund created for the District into which the Tax Increment is deposited. “Tax Increment” means the positive tax increments of the District. Section 2. Declaration of Necessity. The City Council does hereby find and declare a necessity to issue the Bonds in connection with District and use the proceeds therewith to pay for the Project. Section 3. The Bonds. It is hereby determined to be necessary and in the best interests of the City and its inhabitants that this City Council authorize, issue and sell the Bonds. The Authorized Officers are authorized to approve the sale and terms of the Bonds subject to the limitations of the law and this Ordinance. The City does hereby authorize the Bonds in an amount not to exceed $3,104,000 in one or more series upon such terms and in such amounts as are negotiated with the purchasers of the Bonds. The Bonds are issued by the City without an election pursuant to SDCL §11-9-34. Section 4. Bond Documents. Either Authorized Officer is hereby authorized and directed, in the name and on behalf of the City, to negotiate, execute and deliver the bond purchase agreement with the purchasers setting forth the terms of the Bonds and the sale thereof, and containing such other covenants and agreements of the City as may be required by the Purchasers in connection therewith, in the form as an Authorized Officer may approve, all within the limitations set forth herein. Either Authorized Officer is hereby authorized, empowered and directed, in the name and on behalf of the City, to execute the Bonds by manual or facsimile signature, and to deliver the Bonds to the purchasers in exchange for the purchase price therefor. Section 5. Registration. The City hereby appoints the Finance Officer as paying agent, registrar and transfer agent (the "Registrar") for the Bonds. The City reserves the right to appoint a financial institution as Registrar upon thirty (30) days’ notice. The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: Section 6. Security Provisions; Funds and Accounts and Other Covenants and Determinations. 6.01. Pledge Tax Increments. The Tax Increment is irrevocably pledged and appropriated to the payment of the Bonds. 6.02. Tax Increment Fund. The Tax Increment Fund may only be used to pay Project costs, reimburse the City for payments, or to pay principal and interest on the Bonds. 6.03. Defeasance. When all the Bonds issued have been discharged as provided in this section, all pledges, covenants, and other rights granted by this Ordinance to the registered owners of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by providing to the Paying Agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by providing to the Paying Agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its liability with reference to all Bonds which are called for redemption on any date in accordance with their terms by depositing funds with the Paying Agent on or before that date in accordance with their terms by depositing funds with the 2 Page 34 of 78 01/24/2019  Paying Agent on or before that date, in an amount equal to the principal, interest, and premium, if any, which are then due thereon, provided that notice of such redemption has been duly given. The City may also at any time discharge this issue of Bonds in its entirety, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or United States government obligations which are authorized by law to be so deposited, bearing interest payable at such times and at such rates and maturing on such dates as shall be required to provide funds (without an reinvestment) sufficient to pay all principal, interest and premiums, if any, to become due on all Bonds on and before maturity, or, if a Bond has been duly called for redemption, on or before the designated redemption date. Section 7. Pledge of State of South Dakota. Pursuant to SDCL § 11-9-39.1, the state of South Dakota does pledge to and agree with the holders of any obligations issued under SDCL Chapter 11-9 that the state will not alter the rights vested in the bond holders until such bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. Section 8. Certification of Proceedings. The officers of the City are authorized and directed to prepare and furnish to the purchasers of the Bonds certified copies of all proceedings and records of the City relating to the authorization and issuance of the Bonds and such other affidavits and certificates as may reasonably be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the officer's books and records or are otherwise known to them. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the correctness of the facts recited therein and the action stated therein to have been taken. The City does hereby declare its official intent to reimburse the capital expenditures made with respect to the Project with proceeds of the Bonds. Section 9. Retention of Bond Council. Meierhenry Sargent LLP is hereby retained as bond counsel for the Bonds and the Mayor, City Manager and Finance Officer are authorized to enter into an engagement letter with the firm. Section 10. Tax Matters. 10.01. The City covenants and agrees with the registered owners from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become includable in gross income for federal income tax purposes under the Code and applicable Treasury Regulations (the "Regulations"), and covenants to take any and all actions within its powers to ensure that the basic interest on the Bonds will not become includable in gross income for federal income tax purposes under the Code and the Regulations. 10.02. The Mayor, City Manager and the Finance Officer, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this Ordinance are hereby authorized and 3 Page 35 of 78 01/24/2019 directed to execute and deliver to the purchasers thereof a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on the basis of facts, estimates and circumstances in existence on the date of issue and delivery of the Bonds, it is reasonably expected that the proceeds of the Bonds will be used in a manner that would not cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code and the Regulations. 10.03. The City shall file with the Secretary of the Treasury a statement concerning the Bonds containing the information required by Section 149(e) of the Code. 10.04. [Pursuant to Section 265(b)(3)(B)(ii) of the Code, the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code. The City hereby represents that it does not anticipate that obligations bearing interest not includable in gross income for purposes of federal income taxation under Section 103 of the Code (including refunding obligations as provided in Section 265 (b) (3) of the Code and including "qualified 501 (c)(3) Bonds" but excluding other "private activity bonds," as defined in Sections 141(a) and 145(a) of the Code) will be issued by or on behalf of the City and all "subordinate entities" of the City in 2019 in an amount greater than $10,000,000. ] Section 11. MISCELLANEOUS 11.01. Failure to Present Bonds. In the event any Bond shall not be presented for payment when the principal or redemption price hereof becomes due, either at maturity or at the date fixed for prior redemption thereof or otherwise, and in the event monies sufficient to pay such Bond shall be held by the Registrar for the benefit of the owners thereof, all liability of the City to such owners for the payment of such Bond shall forthwith cease, determine, and be completely discharged. Whereupon, the Registration Agent shall hold such monies, without liability for interest thereon, for the benefit of the owners of such Bond who shall thereafter be restricted exclusively to such monies for any claim under the Ordinance or on, or with respect to, said Bond. If any Bond shall not be presented for payment within a period of Six years following the date when such Bond becomes due, whether by maturity or otherwise, the Registration Agent shall, subject to the provisions of any applicable escheat or other similar law, pay to the City any monies then held by the Registration Agent for the payment of such Bond and such Bond shall (subject to the defense of any applicable statute of limitation) thereafter constitute an unsecured obligation of the City. 11.02. Payments Due on Saturdays, Sundays, and Holidays. In any case where the date of maturity or interest on or principal of any Bond, or the date fixed for redemption of any Bond, shall be a Saturday or Sunday or shall be, at the place designated for payment, a legal holiday or a day on which banking institutions similar to the Registration Agent are authorized by law to close, then the payment of the interest on, or the principal, or the redemption price of, such Bond need not be 4 Page 36 of 78 01/24/2019 made on such date but must be made on the next succeeding day not a Saturday, Sunday, or a legal holiday or a day upon which banking institutions similar to the Registration Agent are authorized by law to close, with the same force and effect as if made on the date of maturity or the date fixed for redemption, and no interest shall accrue for the period after such date. 11.03. Miscellaneous Acts. The appropriate officers of the City are hereby authorized, empowered, and directed to do any and all such acts and things, and to execute, acknowledge, deliver, and, if applicable file or record, or cause to be filed or recorded, in any appropriate public offices, all such documents, instruments, and certifications, in addition to those acts, things, documents, instruments, and certifications hereinbefore authorized and approved, as may, in their discretion, be necessary or desirable to implement or comply with the intent of this Bond Ordinance, or any of the documents herein authorized and approved, or for the authorization, issuance, and delivery by the City of the Bonds. 11.04. Amendment. The City is hereby authorized to make such amendments to the Bond Ordinance as will not impair the rights of the Bondholders. 11.05. No Recourse Under the Bond Ordinance or on Bonds, all stipulations, promises, agreements, and obligations of the City contained in this Ordinance shall be deemed to be the stipulations, promises, agreements, and obligations of the City and not of any officer, director, or employee of the City in his or her individual capacity, and no recourse shall be had for the payment of the principal of or interest on the Bonds or for any claim based thereon or on this Ordinance against any officer, director, or employee of the City or against any official or individual executing the Bonds. 11.06. Partial Invalidity. If any one or more of the provisions of this Bond Ordinance, or of any exhibit or attachment thereto, shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, or of any exhibit or attachment thereto, but this Bond Ordinance, and the exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or unenforceable provision had never been contained herein, or therein, as the case may be. 5 Page 37 of 78 01/24/2019 11.07. Post Issuance Compliance Procedures. The City does hereby adopt the Meierhenry Sargent LLP manual as its written procedures concerning post issuance compliance with the Internal Revenue Code for the Bonds. The Finance Officer is designated as the post issuance compliance officer. ATTEST: ________________________________ Mayor _____________________________ Finance Officer First Reading______________, 2019 Adopted: ______________, 2019 Approved: ______________, 2019 Published: ______________, 2019 The motion for adoption of the foregoing Ordinance was duly seconded by Councilman__________________, and upon vote being taken thereof, the following voted YEA: and the following voted NAY: Whereupon said Ordinance was declared duly passed and adopted. _________________________________ ATTEST: Mayor __________________________ Finance Officer 6 Page 38 of 78 01/24/2019 STATE OF SOUTH DAKOTA ) :SS COUNTY OF BROWN ) I, the undersigned, being the duly qualified and acting Finance Officer of the City of Aberdeen, South Dakota, do hereby certify that the attached and foregoing is a full, true and complete transcript of the Minutes of a meeting of the City Common Council held on the ______ day of ___________, 2019, insofar as the original meeting relates to proceedings for the Ordinance Authorizing the Sale of Said Tax Incremental Revenue Bonds. WITNESS my hand and official seal of this said City this ______ day of __________, 2019. ________________________________ Finance Officer City of Aberdeen, South Dakota 7 Page 39 of 78 01/24/2019  City of Aberdeen Request for Council Action Agenda Item Meeting Date: January 28, 2019 No. 6B Agenda Section New Business Originating Dept: City Manager/ City Attorney Ord./Res. Prepared by: City Attorney No. of 3 Presented by: City Attorney Attachments Item: Public hearing on final approval of sale of former Alexander Mitchell Library surplus real property. City Manager’s Proposed Action: 1. Motion by ___________ second by _________ to approve the sale to Kline Street, LLP, for the purchase price of $525,000, less closing costs, of the real property declared surplus by the Council by Resolution No. 17-03-02R and described as Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Except Lot H-1 in Lot Twelve (12), in Block Sixteen (16), Thomas Addition to the City of Aberdeen; Lots Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), and Twenty-One (21), Pierce’s Subdivision of Block One Hundred and Four (104), Hagerty & Lloyd’s Addition to Aberdeen; and Lots Five (5) and Six (6), Pierce’s Subdivision of Block One Hundred and Four (104), Hagerty & Lloyd’s Addition to Aberdeen, all according to the plats thereof of record, Brown County, South Dakota; and to authorize the Mayor and City Manager to execute documents necessary to conclude the sale of the real property. Overview: A May 10, 2018, public auction for the former Alexander Mitchell Library did not receive any bids on the library building and only a single bid on the supplemental parking area. The Council rejected that bid. Thereafter, the City retained a real estate broker to assist in the sale of the library property. The broker secured multiple offers on the library property, including the highest offer of $525,000, less closing costs. South Dakota law permits the sale by a municipality of surplus real property through a real estate broker upon giving notice of the sale of the real property and the appraised value of the real property from the appraisal report on file with the finance officer. The notice of sale was published as required by law. After hearing and public comment from any persons interested in the sale, the Council may grant final approval of the sale of the surplus library property and authorize execution of the documents necessary for closing. The closing is currently scheduled to take place on January 31, 2019, at the offices of Titles of Dakota, in Aberdeen. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Notice of Sale of Surplus Property 2. Purchase Agreement, dated Nov. 27, 2018 3. Appraisal Report, dated August 1, 2018 Page 40 of 78 01/24/2019 {00044598.DOCX / 1} Rev 7/09  NOT¡CE OF SALE OF SURPLUS REAL PROPERTY THROUGH REAL ESTATE BROKER, NOTCE OF APPRAISED VALUE, AND NOTICE OF PUBLIC HEARING NOTICE lS HEREBY GIVEN that on January 31,2019, at 12:00 noon, at the offices of Titles of Dakota, 104 S. Lincoln St., Suite 108, Aberdeen, SD, the City of Aberdeen, a South Dakota municipal corporation, acting through a real estate broker, will sell to Kline Street, LLP, a South Dakota limited liability partnership, for the cash sale price of $525,000.00, upon the terms and conditions set forth in the Purchase Agreement on file with the Finance Office, the following real property previously declared surplus: Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Except Lot H-1 in Lot Twelve (12), in Block Sixteen (16), Thomas Addition to the City of Aberdeen; Lots Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), and Twenty-One (21), Pierce's Subdivision of Block One Hundred and Four (104), Hagerty & Lloyd's Addition to Aberdeen; and Lots Five (5) and Six (6), Pierce's Subdivision of Block One Hundred and Four (104), Hagerty & Lloyd's Addition to Aberdeen, all according to the plats thereof of record, Brown County, South Dakota. NOTICE lS FURTHER HEREBY GIVEN that the surplus real property was appraised at a value of $1 ,170,000.00, according to the appraisal report on file with the Finance Office. The surplus real property includes the former Alexander Mitchell public library at 503 and 510 South Kline Street and comprises 45,390 square feet of land on the west half of the block, with improvements thereon consisting of an approximately 55 year old, two-level building, plus 7,100 square feet of land on the east half of the block utilized for parking. NOW, THEREFORE, NOTICE OF PUBLIC HEARING IS HEREBY GIVEN thAt prior to said sale closing, the sale of the surplus real property will be considered for final approval by the City Council in City Council Chambers, 123 South Lincoln Street, Municipal Building, in the City of Aberdeen, South Dakota, at 5:30 p.m.,on January 28, 2019, when and where any persons interested in said sale may appear and be heard. BY ORDER OF THE CITY COUNCIL of the City of Aberdeen, dated this 11th day of January,2019. Finance {00044594.DOCX /l} Page 41 of 78 01/24/2019 Page 42 of 78 01/24/2019 Page 43 of 78 01/24/2019 Page 44 of 78 01/24/2019  CITY OF ABERDEEN SURPLUS PROPERTY APPRAISAL REPORT We, the undersigned, hereby state that each owns real property in the corporate limits of the City of Aberdeen, Brown County, South Dakota, and was appointed by the Aberdeen City Council on July 16,2018, to appraise the value of certain surplus property. The undersigned further state that each viewed the real property and improvements thereon declared surplus by the City Council at Resolution No. 17-03-02R and legally described AS: Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Except Lot H-í in Lot Twelve (12), in Block Sixteen (16), Thomas Addition to the Gity of Aberdeen; and Lots Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), and Twenty-One (21), Pierce's Subdivision of Block One Hundred and Four (104), Hagerty & Lloyd's Addition to Aberdeen; and Lots Five (5) and Six (6), Pierce's Subdivision of Block One Hundred and Four (104), Hagerty & Lloyd's Addition to Aberdeen. (All lots collectively, referred to herein as the "Property"). Such Property at 503 and 510 South Kline Street is the site of the former public library. The Property includes a two-level building constructed in 1963 containing approximately 28,468 square feet. The building is situated on 54,390 square feet of land and asphalt parking on the west half of the city block. The Property includes an additional 7,100 square feet of asphalt parking on the east half of the city block separated by an alley. After viewing the Property, as well as completing research and analysis necessary for the appraisal, it is our collective opinion that, as of the date of this report, the "as is" fee simple estate market value of the Property was as follows: Land: $ f Òô c) I mprovements (Building): $72 Òôo Total: $ /ze doe Dated tni" or .Uuf u,f , 2o1B -[-1ty illen furtlt Marshall Lovrien 1316 rchwood Lane 912 11th Avenue Northeast 1021 North Main Street Aberdeen, SD 57401 Aberdeen, SD 57401 Aberdeen, SD 57401 Page 45 of 78 01/24/2019 6C Page 46 of 78 01/24/2019 Page 47 of 78 01/24/2019 Page 48 of 78 01/24/2019 Page 49 of 78 01/24/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting 6D Date: January 28, 2019 Agenda Section Originating New Business Finance Dept: Resolution N/A Ordinance Prepared by: N/A Karl Alberts No. of Attachments Presented 2 Karl Alberts by: Item: Request motion and second to approve parking district assessment abatements for property in the city limits. City Manager’s Proposed Action: Motion and second to approve parking district assessment abatements for property in the city limits. Overview: The Brown County Auditor’s Office notified the City Finance Office of a request for abatement for parking district assessments for the properties listed below. The reasons for the abatement requests are listed below. The Brown County Assessor’s Office recommends approval. Name Address Abatement Parking Reason Rqst Share Engel Music $223.08 $223.08 Historic Freeze missed on property Aberdeen Downtown $2,058.46 $2,058.46 Historic Freeze missed on property Apts. Totals $2,281.54 $2,281.54 Primary/Issues/Alternatives to Consider: Parking District assessment abatement requests for property within city limits must get City Council concurrence. The Brown County Commission will act on the abatement at their next meeting. Budgetary/Fiscal Issues: None. Attachments: Abatement requests. Page 50 of 78 01/24/2019 Page 51 of 78 01/24/2019 Page 52 of 78 01/24/2019 6E Page 53 of 78 01/24/2019 Page 54 of 78 01/24/2019 Page 55 of 78 01/24/2019 Page 56 of 78 01/24/2019 Page 57 of 78 01/24/2019 Page 58 of 78 01/24/2019 Page 59 of 78 01/24/2019 Page 60 of 78 01/24/2019 Page 61 of 78 01/24/2019 Page 62 of 78 01/24/2019 Page 63 of 78 01/24/2019 Page 64 of 78 01/24/2019 Page 65 of 78 01/24/2019 Page 66 of 78 01/24/2019 Page 67 of 78 01/24/2019 Page 68 of 78 01/24/2019 Page 69 of 78 01/24/2019 Page 70 of 78 01/24/2019 Page 71 of 78 01/24/2019 Page 72 of 78 01/24/2019 Page 73 of 78 01/24/2019 Page 74 of 78 01/24/2019 Page 75 of 78 01/24/2019 Page 76 of 78 01/24/2019 Page 77 of 78 01/24/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: January 28, 2019 6F Agenda Section New Business Originating Dept: Finance Ordinance/Resolution NA Prepared by: Mary Campton, compliance records specialist Karl Alberts, Finance Officer No. of Attachments Presented by: Finance Officer Item: Bill List for January 28, 2019 City Manager’s Proposed Action: Motion by ________________, second by ______________ to approve payment of the bills listed for January 28, 2019, such bills having been audited by the Finance Officer and fully itemized and a memorandum of the same to be entered upon the minutes of the meeting, and to authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of such approved bills. Overview: The Finance Officer submits the following Bill List for January 28, 2019, of vendors of items or services purchased, or of claims made, and the amounts due thereon: NORTHWESTERN ENERGY – UTILITIES $12,449.49 TOM AMAN – TIF #4 INTEREST PAYMENT $1,205.82 BUSINESS IMPROVEMENT DIST. – BID ASSESSMT. REVENUE DISBURSE $72.18 UNITED PARCEL SERVICE – PARCEL PICKUP CHARGES $106.50 KEITH SHARISKY – CREDIT CARD REIMBURSEMENT $118.68 REFUNDS ON UTILITY ACCOUNTS $132.55 BORNS GROUP – POSTAGE ON UTILITY BILLS $4,248.41 CVB – DECEMBER OCCUPANCY TAX $19,613.72 ETS CORPORATION – MERCHANT FEE – FINANCE OFFICE $1,500.00 DACOTAH BANK – MERCHANT FEE – PARKS & REC. DEPT. $5,000.00 PLUG N PAY – MERCHANT FEE – PARKS & REC. DEPT. $1,000.00 INFINTECH – MERCHANT FEE – PARKS & REC. DEPT. $1,000.00 Page 78 of 78 01/24/2019