Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA TUESDAY, FEBRUARY 19, 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 FEBRUARY 11, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA A. RANDY VANMETER OF ABERDEEN SHUTTLE & TAXI – DISCUSS MINIMUM INSURANCE REQUIREMENTS FOR TAXI COMPANY LICENSE B. CASEY WEISMANTEL – REPORT ON 4TH QTR. CONVENTION & VISITORS BUREAU ACTIVITIES 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. TAXI CAB DRIVER – LISA LEE B. SET HEARING DATE OF MARCH 4, 2019 AT 5:30 P.M. FOR A SPECIAL FIVE-DAY RETAIL ON- SALE LIQUOR LICENSE ON MARCH 13-17, 2019 FOR ACT2, INC. DBA 417 SOUTH MAIN ST. C. SET BID DATE OF MARCH 5, 2019 AT 2:00 P.M. FOR BIDS ON 2019 STREET MAINTENANCE CONCRETE REPAIR PROJECT (CONC-2019-1) 5. NEW BUSINESS A. ORDINANCE NO. 19-02-02 ESTABLISHING AN ADMINISTRATIVE APPEALS PROCESS – POSSIBLE FIRST READING OF ORDINANCE NO. 19-02-02 B. ORDINANCE NO. 19-02-03 ESTABLISHING A CHARTER REVISION COMMISSION – POSSIBLE FIRST READING OF ORDINANCE NO. 19-02-03 C. AGENCY AGREEMENT BETWEEN THE SD DOT AND THE CITY OF ABERDEEN ON AIRPORT IMPROVEMENT PROJECTS – POSSIBLE APPROVAL DESIGNATING THE CITY MANAGER AS AUTHORIZED SIGNATORY REPRESENTATIVE FOR THE AGENCY AGREEMENT WITH SD DOT D. BILLS: APPROVAL OF BILL LIST FOR FEBRUARY 19, 2019 E. PAYROLL FOR THE PERIOD FROM FEBRUARY 3, 2019 TO FEBRUARY 16, 2019 AND CITY SHARE OF SOCIAL SECURITY, OLD AGE & SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE – POSSIBLE APPROVAL OF PAYROLL F. CITY MANAGER’S REPORT 6. ADJOURN REMINDER: CITY COUNCIL WILL MEET WITH BROWN COUNTY COMMISSIONERS ON FEBRUARY 25, 2019 AT 5:30 P.M. IN CITY COUNCIL CHAMBERS REGARDING A PETITION TO REZONE PROPERTY AT 12989 AND 12994 ROHR DRIVE. Page 1 of 31 02/14/2019 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 31 02/14/2019  CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, February 11, 2019 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, and Jennifer Slaight-Hansen. City Council Member Clint Rux was absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Jordan McQuillen, Jay Tobin, and Rich Krokel. Mayor Levsen led the Pledge of Allegiance. MINUTES Motion by Slaight-Hansen, second by Bunsness to approve the minutes of February 4, 2019, as circulated. All present voting aye, motion carried. OPEN FORUM – No one was present. CONSENT CALENDAR Motion by Bunsness, second by Olson to approve the following items on the consent calendar: LICENSE – Taxi Cab Driver – Kiersten Gaikowski LOTTERY NOTICE – Yelduz Shrine Driftbikes – receive and place on file. All present voting aye, motion carried. NEW BUSINESS CHANGE ORDER/PAYMENT FOR S. 2ND ST. TRAFFIC SIGNAL City Engineer Robin Bobzien presented a Change Order in the amount of $1,085.00 and a Payment Request in the amount of $1,085.00 to Ringgenberg Electric Inc. for additional work done on the S. 2nd St. Traffic Signal Installation Project. Motion by Johnson, second by Lunzman to approve Change Order #4 in the amount of $1,085.00 and Payment Request #6 in the amount of $1,085.00 to Ringgenberg Electric, Inc. Upon roll call, all present voting aye, motion carried. CHANGE ORDER/PAYMENT FOR PASSENGER BOARDING BRIDGE Transportation Director Rich Krokel requested approval and authorization for the City Manager to sign a Change Order in the amount of $16,603.00 and a Payment Request in the amount of $800,212.55 to John Bean Technologies for the Airport Passenger Boarding Bridge AIP #3-46-0001-38-2018. Motion by Ronayne, second by Slaight-Hansen to approve Change Order #1 in the amount of $16,603.00 and Payment Request #1 in the amount of $800,212.55 to John Bean Technologies. Upon roll call, all present voting aye, motion carried. PAYMENT REQUESTS FOR AIRPORT PROJECTS Transportation Director Rich Krokel requested approval and authorization for the City Manager to sign the following payment requests: Payment Request to acquire the Passenger Loading Bridge – Helms & Associates in the amount of $547.50; Payment Request #3 – AIP #3-46-0001-40-2019 Design and Reconstruction of Airport Taxiway ‘C’ – Helms & Associates Page 3 of 31 02/14/2019 in the amount of $44,790.07; Payment Request #6 – AIP #3-46-0001-39-2018 Airport Master Plan/Airport Layout Plan – Helms & Associates in the amount of $14,437.32; Payment Request #13 – AIP #3-46-0001-37-2017 Wildlife Hazard Assessment & Mitigation – Helms & Associates in the amount of $4,479.15. Motion by Johnson, second by Remily to approve the payments to Helms & Associates for work on the Airport Projects. Upon roll call, all present voting aye, motion carried. BILLS City Council Member Ronayne asked for an explanation of the bill payment process. City Manager Lynn Lander described the process of review for various department bills prior to City Council review and consideration. Motion by Olson, second by Remily to approve payment of the bills listed for February 11, 2019, and any additions thereto, such bills having been audited by the Finance Officer and fully itemized and authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of the following approved bills: Dakota Custom Turf 4,400.00; American News 224.44; Mettler Sichmeller Engineering 2,500.00; Praxair Distribution Inc. 235.98; RDO Equipment Co. 190.04; Cradys Radiator Shop 775.00; Heartland Paper Company 81.11; Cole Papers Inc. 392.08; Auto Value Part Stores/Hedahls 774.49; HKG Architects, Inc. 2,400.00; Nelson Sales & Service, LLC 62.85; Kesslers Inc. 173.53; Steven Lust Automotive 20.80; MAC’s Inc. 232.03; Kim Bonen 133.81; Minnesota Knife 400.00; Farnams Genuine Parts 905.89; Richard Allan Ward III 264.00; Pantorium 54.35; Mardian Scrap Recycling Inc. 4.20; Dakota Supply Group 265.72; Midstates Group 275.00; Safety Service Inc. 300.94; Avera St. Luke’s Hospital 3,482.50; Light & Siren 858.00; Ditch Witch of SD Inc. 5,269.45; Crawford Trucks & Equipment 99.66; Town & Country Lumber Inc. 38.57; Recorded Books, Inc. 1,536.00; GALE/Cengage Learning 296.28; Mission Mgmt. Information 355.09; Gold Pages Publishing Inc. 1,160.00; Fastenal Company 197.79; Totally Tubular Mfg. 26.65; Midland Publications 200.00; QNC, Inc. 5,990.00; Airside Solutions, Inc. 450.93; Civil Air Patrol Magazine 245.00; Prestige Flag 372.96; Deere & Company 15,198.97; Ladner Electric 5,100.00; Carpet Master 2,220.00; Northern Truck Equipment Corp. 4,048.00; SD Animal Industry Board 100.00; Dependable Sanitation, Inc. 926.75; Center Point Large Print 249.00; AAP of Aberdeen SD 577.50; Time Inc. Books 45.70; Fordham Signs 449.00; WISP Services LLC 60.00; Newsbank Inc. 5,783.00; Titan Access Acct./Productivity Plus Acct 5,425.00; Executive Management 54.58; EBSCO Information Services 75.23; Pierson Ford-Lincoln-Mercury 24.04; Rick’s Heating/Air Conditioning 2,142.86; Active Data Systems Inc. 5,240.15; Northern Valley Communications 799.20; SD Airport Managers Assn 25.00; Bismarck Tribune 199.00; Hardins Photography 140.00; Foster Grandparent Program 2,493.94; Ken’s Superfair Foods 529.34; O’Reilly Auto Parts 92.71; Century Business Products 11,677.85; Menards 539.44; Borns Group 39.00; OCLC, Inc. 920.72; SDARA 25.00; Matheson Tri-Gas Inc. 303.12; POMP’s Tire Service, Inc. 143.70; Dakota Oil 660.75; ABC Boat Docks LLC 15,393.92; Charles Machine Works, Inc. 24,837.28; Page 4 of 31 02/14/2019 Midwest Tape 173.56; Midcontinent Communications 4,074.48; JGE Rental Equipment 200.00; GRAINGER 1,273.88; Ameripride Services Inc. 662.14; Tri-State Water, Inc. 36.20; ERANGE Inc. 365.00; Midwest Pest Control 240.00; Hillyard Sioux Falls 785.34; NAS Industrial 28,367.08; Autozone 17.99; Jonathon Murdy 2,500.00; AGTEGRA Coop 10,241.76; Runnings Supply Inc 2,183.27; Ultimate Graphics 110.00; Tumbleweed Press Inc. 1,500.00; Eide Bailly LLP 2,000.00; Shane Blake 48.75; Miranda Joy Tran 56.25; Randy Wilson 15.00; Troy Aadland 30.00; Eric Blue Bird 45.00; Ivor l Grove 37.50; Troy Martin Verhoeft 48.75; Northwestern Energy 76,886.44; Dave Schumaker 15,213.54; SD Dept. of Revenue 9,479.36; US Bank Corp. Trust 17,334.95; Dependable Sanitation Inc. 22,827.42; United Parcel Service 43.92; Matheson Tri-Gas Inc. 38.27; AT & T 174.96; MARCO, Inc. 74.15. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander gave the City Manager’s Report. City Planning/Zoning Director Brett Bill requested guidance regarding enforcement of snow removal within the accessible quadrants and corner lots in residential areas. Council discussion followed. Public Works and the Police Department were directed to post a Public Service Announcement regarding visibility at corners, alleys, and driveways for the public to clear sidewalks of snow through to the street. Lynn Lander stated that the City’s Website Module – “Notify Me” had 3000 subscribers for Snow Removal and Ice Control, 1200 subscribers for Mosquito Spraying, 1100 subscribers for the Aquatic Center, 1100 subscribers for the Recreation Division, and 1000 subscribers for Public Safety. City Engineer Robin Bobzien provided an update on snow removal. There being no further business, motion by Bunsness, second by Ronayne that the meeting be adjourned. All present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Jordan McQuillen, Deputy Finance Officer. Page 5 of 31 02/14/2019  City of Aberdeen - Request for Council Action February 19, 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. TAXI CAB DRIVER – LISA LEE B. SET HEARING DATE OF MARCH 4, 2019 AT 5:30 P.M. FOR A SPECIAL FIVE-DAY RETAIL ON- SALE LIQUOR LICENSE ON MARCH 13-17, 2019 FOR ACT2, INC. DBA 417 SOUTH MAIN ST. C. SET BID DATE OF MARCH 5, 2019 AT 2:00 P.M. FOR BIDS ON 2019 STREET MAINTENANCE CONCRETE REPAIR PROJECT (CONC-2019-1) Page 6 of 31 02/14/2019 Page 7 of 31 02/14/2019 Page 8 of 31 02/14/2019 Page 9 of 31 02/14/2019 Page 10 of 31 02/14/2019  City of Aberdeen Request for Council Action Agenda Item Meeting Date: February 19, 2019 No. 5A Agenda Section New Business Originating City Attorney Dept: Ord. / Res. Ordinance No. 19-02-02 Prepared by: City Attorney No. of 2 Presented by: City Attorney Attachments Item: Possible 1st reading of Ordinance 19-02-02 establishing an Administrative Appeals process. City Manager’s Proposed Action: Motion by _________ second by _________ to approve first reading of Ordinance No. 19-02-02 amending the Aberdeen City Code and establishing an Administrative Appeals process. Overview: Given Aberdeen’s status as a home rule city, the City Attorney proposes that the City Council adopt a procedure to handle appeals from decisions of city officials and employees that are not otherwise provided under the Aberdeen City Code. Such a procedure is required by the South Dakota Constitution and the 2011 South Dakota Supreme Court decision in Daily v. City of Sioux Falls. The South Dakota Constitution requires that decisions by persons administering the Aberdeen City Code be subject to “meaningful judicial review of the facts and law supporting” those decisions. A home rule city like Aberdeen must provide an administrative appeals process that gives people the right to appeal adverse decisions in a manner that satisfies their due process rights; that is, a person must be given adequate notice of the adverse action and an opportunity to be heard in opposition before a fair and impartial tribunal. The vast majority of decisions of city officials are already subject to judicial review under the Aberdeen City Code. For example, ordinance violations receiving tickets are adjudicated in Magistrate Court. Decisions of city code enforcement and zoning officials are subject to review by the Zoning Board of Adjustment. The Forestry Committee hears appeals involving the landscape ordinance. The Animal Review Board reviews decisions of the animal control officer. However, the Code does not have a catch-all appeals procedure for all administrative decisions. The proposed ordinance establishes a comprehensive procedure for those unspecified cases. Page 11 of 31 02/14/2019 The primary protection of the new appeals procedure is through the appointment of hearing examiners to manage and decide the appeals. The hearing examiners will be retired judges and attorneys in good standing. Administration would work with the local bar to establish an hourly or case rate and identify a pool of persons competent to act as hearing examiners. The proposed ordinance would add Article VIII to Chapter 2-ADMINISTRATION, of the Aberdeen City Code entitled “Administrative Appeals”. Appeal forms similar to those attached hereto will be posted on the City website or otherwise made available to persons wishing to appeal a decision. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: It is conservatively estimated that the cost of such a program will be less than $5,000 annually. The City of Sioux Falls spent only $3,000 in 2018 and $2,000 in 2017 on hearing examiner fees for its program, which fees are the only expenditures by the program. Attachments: 1. Ordinance No. 19-02-02 2. Sample forms for appellants Page 12 of 31 02/14/2019 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-02-02 AN ORDINANCE AMENDING CHAPTER 2 – ADMINISTRATION OF THE ABERDEEN CITY CODE TO ESTABLISH AN ADMINISTRATIVE APPEALS PROCEDURE WHEREAS, South Dakota Constitution Art. IX, § 2 describes the powers of “home rule” municipalities in pertinent part as follows: A chartered governmental unit may exercise any legislative power or perform any function not denied by its charter, the Constitution, or the general laws of the state. The charter may provide for any form of executive, legislative and administrative structure which shall be of superior authority to statute, provided… that the administrative proceedings be subject to judicial review; and WHEREAS, the South Dakota Supreme Court ruled in Daily v. City of Sioux Falls, 2011 S.D. 48, that S.D. Const. Art. IX, § 2 requires a “home rule” municipality to establish an administrative appeals procedure that provides individuals the right to meaningful judicial review of the facts and law supporting a municipality’s administrative decisions; and WHEREAS, the City of Aberdeen is a “home rule” municipality; and WHEREAS, the Aberdeen City Code does not provide an adequate administrative appeals procedure subject to judicial review for all persons aggrieved by an adminis- trative decision of a city official; and WHEREAS, the City Council of the City of Aberdeen has determined that it should amend the Aberdeen City Code to provide a more comprehensive administrative appeals procedure to uphold state and federal Due Process rights of all persons aggrieved by a decision of a city official. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: Page 13 of 31 02/14/2019  1. Chapter 2 – ADMINISTRATION, Article VIII is hereby created as follows: Secs. 2-501 – 2-509. - Reserved. ARTICLE VIII. – ADMINISTRATIVE APPEALS Sec. 2-510 – Appeal permitted. (a) Right to appeal. Any party who is harmed by any action or decision of a city official from which an appeal is not otherwise provided under this Code may appeal the administrative action or decision. The party who wishes to appeal is referred to as the “appellant.” (b) Hearing examiner. An independent hearing examiner who is a member in good standing of the State Bar of South Dakota shall be assigned by the city manager, or an appeals administrator designated by the city manager, to hear the appeal and render a final decision. (c) Time to appeal. Appeals shall be commenced within fifteen (15) days of the administrative action or decision by delivering a written notice of appeal with the responsible official or department director either in person or postmarked within fifteen (15) days of notification of the action or decision. Such delivery shall be deemed the date of filing of the appeal. (d) Notice of appeal. The notice of appeal shall be printed legibly or typed and contain the following information: (1) The reasons the appellant believes the administrative action or decision is erroneous or illegal; (2) The amount and type of claim or dispute involved and the time when it accrued or occurred; (3) The name, address, email address, if any, and telephone number, if any, of the appellant; (4) The decision being appealed; (5) A statement indicating whether the appellant desires the appeal hearing to be open or closed to the public. All hearings are presumed open to the public. If either party requests a hearing to be closed to the public, the party requesting the closed hearing must present good cause to the hearing examiner that the public interest in having an open hearing is outweighed by the privacy interest involved in a particular case or that a closed hearing is legally required due to the sensitive nature of the evidence to be presented at the hearing; (6) If the appellant is to be represented by a representative, the name, address, email address, if any, and telephone number of the representative; and Page 14 of 31 02/14/2019  (7) The signature of the appellant, the appellant’s representative, or the appellant’s corporate agent. (e) Appeal fee: (1) Processing fee. An appeal processing fee of $75.00 shall be paid by cash, check, or certified funds simultaneously with the filing of the notice of appeal. If the processing fee is not paid in full pursuant to these provisions, the notice of appeal shall be deemed incomplete and waived and the administrative decision shall be deemed final. The processing fee is nonrefundable except as provided in section 2-515. Any appellant who is financially unable to pay the processing fee may file a request for a hardship waiver in lieu of the processing fee. (2) Hardship waiver. A request for hardship waiver must be filed simultaneously with the filing of the notice of appeal and include the sworn affidavit of the appellant, together with any supporting documents, demonstrating to the satisfaction of the independent hearing examiner the appellant’s financial inability to deposit with the city the full amount of the processing fee. Written proof of financial hardship includes wage records, financial statements, bank account records, tax returns, or similar documentation demonstrating that the appellant is unable to pay the processing fee. The hearing examiner shall issue a written order granting or denying a hardship waiver. The order of the independent hearing examiner regarding the hardship waiver shall be mailed by first class mail to the appellant, the appellant’s representative, or the appellant’s corporate agent. If the request for a hardship waiver is denied, the appellant shall pay the processing fee within five days of the order or prior to the administrative appeal hearing, whichever occurs first. (f) Jurisdictional prerequisites. Compliance with subsections (c), (d), and (e) of this section shall be jurisdictional prerequisites to any appeal. Failure to comply with any of these subsections shall be deemed to waive the right to an appeal. A waiver of the right to an appeal may be determined by the city attorney prior to assignment of the appeal to a hearing examiner or by the hearing examiner at any time during the proceeding. A determination that the appellant waived the right to an appeal shall be the final decision. (g) Stay pending appeal. If the appellant complies with the jurisdictional prerequisites for an appeal, then the city will take no further action to enforce the fine, penalty, or result until the hearing examiner renders a final decision. The provisions for prior notice and hearing may be dispensed with when, in the opinion of the city manager or department director, immediate action is necessary to summarily abate a dangerous condition on public or private property, there is an imminent threat to life or safety on public or private property, or there is an imminent threat to essential governmental services, such as utilities. The city manager or department director shall take only such action as is reasonably necessary to summarily abate the danger or threat and the city will take no further action to enforce the fine, penalty, or result until the hearing examiner renders a final decision. (h) Copy to city attorney. The responsible official or department director, or his or her designee, shall immediately deliver a copy of the notice of appeal to the city attorney who will act as legal counsel for the city. Page 15 of 31 02/14/2019 Sec. 2-511. – Time and notice of hearing. (a) Time of hearing. A hearing shall be held on all appeals within thirty (30) days after the filing of the appeal, unless a later date is scheduled by the hearing examiner upon a showing of good cause why the matter should be scheduled beyond that date. (b) Notice of hearing. The city attorney shall cause written notice of the date, time, and place of the hearing, along with a copy of this article, to be served upon the appellant at least fifteen (15) days before the hearing date, except that the appellant may consent in writing to a shorter notice period. (c) Method of service. The notice of hearing shall be served upon the appellant, the appellant’s representative, or the appellant’s corporate agent in any of the following ways: (1) By personal delivery by a law enforcement officer upon the appellant, the appellant’s representative, or the appellant’s corporate agent or by leaving the notice with a family member of the appellant over the age of fourteen years upon the premises; (2) By mailing a copy of the notice to the appellant, the appellant’s representative, or the appellant’s corporate agent by certified mail and by first class mail. If the notice sent by certified mail is returned unsigned, service shall be deemed effective pursuant to first class mail if the notice sent by first class mail is not returned; or (3) By electronic mail if requested by the appellant, the appellant’s representative, or the appellant’s corporate agent, or if a course of dealing in such communication has been established with the appellant, the appellant’s representative, or the appellant’s corporate agent, and the appellant replies to such electronic mail or otherwise acknowledges receipt of the notice. (4) By written admission of service of the notice by appellant, the appellant’s representative, or the appellant’s corporate agent. Sec. 2-512. – Hearing procedures. (a) Rules for hearing. The following rules shall govern the procedures for a hearing on an appeal: (1) Hearings shall be governed by the rules of civil procedure and the rules of evidence as set forth in the South Dakota Codified Laws, except that the foundational requirements of SDCL 19-19-803(6) and (8) will not be required as long as the hearing examiner is reasonably satisfied regarding the source of a document. (2) Oral evidence shall be taken only on oath or affirmation. (3) The hearing examiner shall administer oaths or affirmations to witnesses. (4) The city bears the burden of proof at the hearing, unless the burden of Page 16 of 31 02/14/2019  proof is required to be borne by the appellant under due process or state law. The standard of proof to be used by the hearing examiner shall be a preponderance of the evidence, except in a matter concerning the revocation of a professional license the standard of proof shall be clear and convincing evidence. (5) The proponent of any testimony to be offered by a party or witness who does not proficiently speak the English language shall provide an interpreter. The interpreter shall be approved by the independent hearing examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter is to be paid by the party providing the interpreter. (b) Failure to appear. Any party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing. Sec. 2-513. – Rights of parties at hearing. (a) Evidence. The appellant, the city, and any other party to the appeal shall have the right: (1) To call and examine witnesses on any matter relevant to the issue of the hearing; (2) To introduce documentary and physical evidence; (3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; (4) To rebut evidence; and (5) To have reasonable access to city officials or employees with information relevant to the appeal and to review relevant records, books, papers, and documents in their possession. Such officials or employees shall appear, if reasonably available, at the hearing and produce records relevant to the appeal upon written request of the appellant to such officials or employees provided no later than five (5) days before the scheduled time of the hearing. (b) Record of hearing. The hearing examiner shall cause to be made a substantially verbatim record of the hearing, either stenographically or by sound recording. A recording of the hearing shall be made available to any person upon request and payment in advance of the estimated cost of reproducing the recording. The hearing examiner may waive the cost of the recording for the appellant if a hardship waiver was granted under section 2-510. Sec. 2-514. – Decision. Upon conclusion of the hearing, the hearing examiner shall make a written report of the decision, including findings of fact, unless such written report is waived by the appellant and the city. The decision shall be issued within fifteen (15) business days from the date of the conclusion of the appeal hearing. The hearing examiner may affirm, reverse, modify, or remand Page 17 of 31 02/14/2019 for further hearing or action the complained action or decision. The decision of the hearing examiner shall be final. Sec. 2-515. – Costs and fees. Each party shall bear its own costs of the appeal proceeding, except as specifically provided herein. The processing fee shall be refunded to the appellant if the hearing examiner determines that the appellant prevailed at the hearing. The hearing examiner may waive the payment of any reinstatement or late penalty fee. Sec. 2-516. Final decision subject to judicial review. The final decision may be subject to judicial review as provided by law. If judicial review has been commenced by the aggrieved party within thirty (30) days after the final decision has been entered, or as otherwise provided by law, the city will take no further action to enforce the fine, penalty, or result until the judicial review is completed, with the exception of those matters which require immediate action of the city as set forth in section 2-510. First Reading: Second Reading: Final Adoption: Published: Effective Date: Mike Levsen, Mayor ATTEST: Karl Alberts, Finance Officer Page 18 of 31 02/14/2019  City of Aberdeen, South Dakota INFORMATION FOR ADMINISTRATIVE APPEAL OVERVIEW: Certain decisions or actions by City Officials can be appealed under the Administrative Appeal process set out in sections 2-510 to 2-516 of the Aberdeen City Code. ATTENTION: The following decisions or actions by City Officials cannot be appealed under this Administrative Appeal process:  A decision by a code enforcement official is appealed to the Zoning Board of Adjustment.  A decision by the City Council or Zoning Board of Adjustment is appealed to circuit court.  A Summons/Complaint citation for an ordinance violation is adjudicated in magistrate court.  A decision by the animal control authority is appealed to the Animal Review Board.  A decision by the city forester is appealed to the Forestry Committee. 1. Appeals under this Administrative Appeals process are heard by an independent hearing examiner. 2. Such appeals require a written notice of appeal delivered to the responsible official or the department director either in person or postmarked within 15 days of when you received the decision. 3. The City has a notice of appeal form available for use, but the form is not required. The following is required if not using the City form:  Reason for objection to the decision.  Amount and type of claim or dispute and the time during which it occurred.  Name, mailing address, email address, if any, and phone number for the appellant.  The decision being appealed.  A statement indicating whether the appellant desires an open or closed hearing. Hearings are presumed open to the public and closed hearings require good cause which must be presented to the hearing examiner.  If represented by a representative or corporate agent; name, address, email address, if any, and phone number of the representative or agent is required.  A signature (appellant, representative, or corporate agent). 4. A processing fee of $75 is required for each appeal. The processing fee is refunded if the appellant is successful. 5. A hardship waiver is available in lieu of the processing fee. The hardship waiver (a separate form) is filed simultaneously with the notice of appeal and approved by the hearing examiner. 6. Appeal hearings are held within 30 days of filing. 7. Notice of hearing date, time, and location is provided within 15 days before the hearing from the City Manager’s Office, unless you consent to a shorter notice period. 8. Failure to appear at a hearing is deemed as waiving one’s right to a hearing. 9. A decision is provided within 15 business days of the hearing (excluding weekends and holidays). 10. Hearing examiner decisions may be appealed to circuit court. Page 19 of 31 02/14/2019  City of Aberdeen, South Dakota NOTICE OF ADMINISTRATIVE APPEAL Appeals require a $75 processing fee due at filing. The fee is refunded to successful appellants. ATTENTION: The following decisions or actions by City Officials cannot be appealed under this Administrative Appeal process.  A decision by a code enforcement official is appealed to the Zoning Board of Adjustment.  A decision by the City Council or Zoning Board of Adjustment is appealed to circuit court.  A Summons/Complaint citation for an ordinance violation is adjudicated in magistrate court.  A decision by the animal control authority is appealed to the Animal Review Board.  A decision by the city forester is appealed to the Forestry Committee. Appellant Name (First, M.I., Last): Phone Number: Other Phone Number: Mailing Address: City: State & Zip Code: Email Address: City Department or Official Who Made Decision: Describe Decision (or attach a copy of the decision): Date You Were Notified Of Decision: Penalty Amount, if any: Reason(s) You Feel Decision Is Erroneous or Illegal (attach separate page if necessary): If using a representative or corporate agent, provide the name, address, email address, if any, and phone number: Public Hearing Presumed: Hearings are open to the public unless good cause is presented to the hearing examiner for a closed hearing. I request (check one): Open Hearing. I request an open hearing. Closed Hearing. I request a closed hearing for the following reason(s): Hearing Notice: A hearing ordinarily will be held by the hearing examiner within 30 days after the filing of the appeal but notice of the date, time, and place of hearing must be served upon you at least 15 days before the hearing date. If you want an earlier hearing date, you must consent in writing to a shorter notice period: _____I do not consent to a shorter notice period. _____I do consent to a shorter notice period but not less than 5 days notice. Service Via Email: Do you request that the notice of hearing be provided to you, your representative, or your corporate agent via email? ____Yes ____No BY MY SIGNATURE BELOW, I attest that the information provided is true and correct and understand that my appeal is subject to the Administrative Appeal process set out in sections 2- 510 to 2-516 of the Aberdeen City Code. Signature: Date: Deliver the completed Notice Of Administrative Appeal and processing fee to the city official who issued the decisionPage or to20the Department Director for such official. of 31 02/14/2019  City of Aberdeen, South Dakota ADMINISTRATIVE APPEAL PROCESSING FEE HARDSHIP WAIVER APPLICATION Attention: Supporting documentation such as tax forms, pay stubs, financial statements, account records, or other such financial records must be included with this application. This form must be filed at the same time as the filing of the Notice of Appeal. I am requesting an Administrative Appeal processing fee waiver due to financial hardship. I swear upon my oath and under penalty of law that the following is true: 1. I am financially unable to pay the processing fee of $75 required to file the notice of appeal. 2. My current mailing address is . 3. My telephone number is and email address is . 4. I am currently Employed Unemployed Self-Employed 5. Employer’s Name: 6. (If employed or self-employed) my current monthly take-home pay averages about $ . 7. I receive child support and/or alimony payments totaling $ per month. 8. I have other income from Disability Insurance Benefits Retirement and/or Other: that averages $ per month. 9. My total income before deductions for last year was approximately $ . 10. Including myself, I have the following number of dependents that rely upon me for support: 11. The annual income of my spouse is estimated at $ . 12. The following amounts accurately reflect my current assets and debts: Assets Cash $ Money in bank account $ Money owed to me by others $ Money in investments (stocks, bonds, savings bonds) $ Real estate (value of houses and/or land owned by me) $ Motor vehicles (cars, trucks, motorcycles, RVs) $ Household goods $ Jewelry $ Other personal property (tools, sporting equipment, etc.) $ TOTAL ASSETS $ Page 21 of 31 02/14/2019 Debts Money owed (including interest) on real estate $ Money owed (including interest) on motor vehicles $ Loans owed to banks, payday loan companies, etc. $ Outstanding debts to doctors and hospitals $ Credit card debt $ Loans owed to other people, not including family $ Loans owed to family members $ TOTAL DEBTS $ Monthly Expenses Monthly payment(s) for mortgage or rent $ Monthly payment(s) on bank and/or payday loan(s) $ Total minimum monthly payment(s) on credit cards $ Average monthly utility payment(s) (excluding phone) $ Average monthly phone bill(s) $ Total minimum monthly payment(s) on other loan(s) $ Child support and/or alimony expenses $ TOTAL MONTHLY EXPENSES $ 13. I understand that if a waiver of the processing fee is granted, the City will accept my notice of appeal at no cost to me and schedule the subject of the appeal, as stated above, for an administrative appeal hearing before an independent hearing examiner. Signature: Date: Subscribed and sworn to before me this day of , 20 . (SEAL) Notary Public – South Dakota My Comm. Expires: ORDER REGARDING PROCESSING FEE Upon examining the Hardship Waiver Application submitted above, the Independent Hearing Examiner is SATISFIED / NOT SATISFIED that the Applicant is indigent and/or is financially unable to pay the Administrative Appeal processing fee; and IT IS HEREBY ORDERED that in regard to the matter appealed above, the processing fee is WAIVED / NOT WAIVED. Dated this day of , 20 . Independent Hearing Examiner Page 22 of 31 02/14/2019  City of Aberdeen Request for Council Action Agenda Item Meeting Date: February 19, 2019 No. 5B Agenda Section New Business Originating City Attorney Dept: Ord. / Res. Ordinance No. 19-02-03 Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Possible 1st reading of Ordinance 19-02-03 establishing a Charter Revision Commission. City Manager’s Proposed Action: Motion by _________ second by _________ to approve first reading of Ordinance No. 19-02-03 amending the Aberdeen City Code and establishing and organizing a Charter revision commission. Overview: In 2018, the Council tasked the City Attorney with exploring the possibility of establishing a Charter revision commission to review and study the Charter and to seek public input on possible amendments to it. The City Attorney recommends the establishment of a charter commission consisting of nine members, each nominated by one councilmember, that would convene in 2020 and conclude its work by August of that year. Its final report of any proposed change to the Charter would be submitted to the Council and such amendment would be voted on in the November general election. The charter commission would then dissolve and be reconstituted every 4 years. The Aberdeen City Charter at Sec. 8.01 sets out the procedure to frame and propose amendments to the Charter by report of a charter commission created by ordinance. The proposed ordinance establishing a charter commission would create a new Division 6 to Article IV of Chapter 2 – ADMINISTRATION, of the Aberdeen City Code entitled “Charter Revision Commission.” Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 19-02-03 Page 23 of 31 02/14/2019 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-02-03 AN ORDINANCE AMENDING THE ABERDEEN CITY CODE REGARDING THE ESTABLISHMENT OF A CHARTER REVISION COMMISSION WHEREAS, the voters of the City of Aberdeen adopted the Aberdeen Home Rule Charter on November 2, 2004, thereby claiming those powers granted to home rule municipalities under Article IX, Section 2 of the South Dakota Constitution; and WHEREAS, the Charter has not been amended since its adoption; and WHEREAS, the Aberdeen City Council finds that healthy self-governance requires the Charter be periodically reviewed and studied, and public input sought, with respect to amendments to the Charter; and WHEREAS, the Charter at Sec. 8.01, sets out the procedure to frame and propose amendments to the Charter by report of a charter commission created by ordinance; and WHEREAS, the Charter further provides at Sec. 8.02 that any amendments to the Charter recommended by a charter commission shall be submitted to the voters of the city at an election and adopted only if approved by a majority of such voters. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Chapter 2 – ADMINISTRATION, Article IV, Division 6 is hereby created as follows: ARTICLE IV. – BOARDS, AUTHORITIES, COMMISSIONS, AND COMMITTEES Secs. 2-389 – 2-4042-390. - Reserved. Page 24 of 31 02/14/2019  DIVISION 6. – CHARTER REVISION COMMISSION Secs. 2-391. - Purpose. A charter commission to be known as the Charter Revision Commission is hereby established to review, every 4 years, the Aberdeen Home Rule Charter and determine whether, and to what extent, any provision of the Charter should be amended. Secs. 2-392. – Creation and membership. (a) Beginning in calendar year 2020 and every 4 years thereafter, the charter commission shall be created. The charter commission shall be an advisory group to the city council consisting of 9 members who shall be appointed by the city council. No person appointed to the charter commission shall hold any other elective office. (b) Each councilmember, except the mayor, shall nominate one charter commission member who is a registered voter and resident from such councilmember’s district. The mayor shall nominate one at large charter commission member who must be a registered voter and resident of the City. Charter commission nominations shall be presented to the city council at its first meeting in February during the year in which the charter commission is created. Secs. 2-393. – Meetings. (a) The charter commission shall meet not less than 4 times until furnishing its final report to the city council. All meetings shall be open to the public and conducted in accordance with state law for meetings of public bodies. The charter commission may go into executive session in a manner consistent with state law. The charter commission shall follow Robert’s Rules of Order, Newly Revised, in the conduct of its meetings. (b) The charter commission shall have its inaugural meeting in March during the year in which the charter commission is created and elect a chairperson and vice-chairperson. The officers shall take office prior to the close of the inaugural meeting and continue in office until their resignation or removal from the charter commission. The chairperson shall preside over all meetings. In the absence of the chairperson, the vice-chairperson shall serve as chair. (c) The inaugural meeting will be held at a location designated by the city council. All subsequent meetings shall be held at a location designated by the charter commission. (d) The finance officer shall give notice of charter commission meetings to its members and the public and keep the journal of its proceedings. Secs. 2-394. - Quorum. Five charter commission members shall constitute a quorum. Secs. 2-395. - Vacancies. Any vacancy in the membership of the charter commission caused by death, resignation, removal from the city or otherwise shall be filled by appointment in the same manner as the original appointment and within 30 days of the occurrence of the vacancy. Page 25 of 31 02/14/2019 Secs. 2-396. – Compensation and expenses. Charter commission members shall receive no compensation for their service; however the city council shall reimburse the reasonable expenses of the charter commission, including, but not limited to the cost of publishing, distributing, and advertising materials related to the conduct of charter commission meetings. Secs. 2-397. - Liaison. The city attorney shall serve as liaison to the charter commission and provide advice and counsel to the charter commission. Secs. 2-398. – Report by charter commission; ballot question. (a) On or before the second city council meeting in July during the year in which the charter commission was created, the charter commission shall deliver a preliminary report to the city council describing its tentative recommendations, if any, for Charter amendment. (b) On or before the last city council meeting in July during the year in which the charter commission was created, the charter commission shall make its final report to the city council framing and proposing amendments, if any, to the Charter which the charter commission deems advisable. (c) In the event any Charter amendment is approved and submitted in the final report, the proposed amendment shall be delivered by the finance officer to the county auditor by the first Tuesday in August to place such question on a ballot for vote during the next scheduled general election. The ballot question shall include a statement, title, and explanation of the proposed amendment. The city attorney shall prepare the ballot question. Secs. 2-399. - Dissolution. Upon filing its final report to the city council, the charter commission created pursuant to this ordinance shall be deemed dissolved without any further action by the city council until it is reconstituted pursuant to section 2-392. Secs. 2-400 – 2-404. - Reserved. First Reading: Second Reading: Final Adoption: Published: Effective Date: Mike Levsen, mayor ATTEST: Karl Alberts, Finance Officer Page 26 of 31 02/14/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting February 19, 2019 5C Date: Agenda Section New Business Originating Dept: Airport Resolution N/A Ordinance N/A Prepared Rhea Ketterling by: No. of Attachments 1 Presented Rich Krokel by: Item: Agency Agreement between the State of South Dakota DOT and the City of Aberdeen on Airport Improvement Projects City Manager’s Proposed Action: Moved by: ________________ Second by: ________________ Request Council’s approval authorizing the City Manager as the authorized signatory representative for the Agency Agreement between the SDDOT and the City of Aberdeen. Overview: The City of Aberdeen pays for all costs of the Airport Improvement Program (AIP) projects up front and then get reimbursement from the AIP Grant through the FAA. The attached Agency Agreement is periodically updated on an as needed basis. Primary/Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: Agency Agreement Page 27 of 31 02/14/2019 Page 28 of 31 02/14/2019 Page 29 of 31 02/14/2019 Page 30 of 31 02/14/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: February 19, 2019 5D 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 February 19, 2019 City Manager’s Proposed Action: Motion by ________________, second by ______________ to approve payment of the bills listed for February 19, 2019, and any additions thereto, 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 February 19, 2019 of vendors of items or services purchased, or of claims made, and the amounts due thereon: DEPARTMENTS $782,258.30 NORTHWESTERN ENERGY – UTILITIES $25,909.36 CENTURYLINK – MONTHLY CITY PHONE/CIRCUIT LINE SERVICE CHARGES $3,926.18 NORTHERN ELECTRIC – MONTHLY SERVICE CHARGES $6,369.27 CLARK ENGINEERING CORP. – PLATTE-GROUND WTR. EXPANSION PROJECT $1,643.74 CLARK ENGINEERING CORP. – PAYMT. #32 – ELM RIVER MONITOR & REPAIR $6,862.40 FBI-LEEDA – FBI-LEEDA 2019 DUES FOR PD CHIEF D. MCNEIL $50.00 GEFFDOG DESIGNS – R3 STRIPPING INSTALLATION – FIRE DEPT. $2,030.00 BORNS GROUP – POSTAGE FOR UTILITY BILLS $4,492.08 NVC – MONTHLY AIRPORT INTERNET/PHONE/CABLE SERVICE FEES $457.86 Page 31 of 31 02/14/2019