Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, FEBRUARY 25, 2019 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. ROLL CALL 2. MINUTES, CITY COUNCIL MEETING OF FEBRUARY 19, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA A. VAPING PRESENTATION BY THE POLICE DEPARTMENT 3. OLD BUSINESS A. ORDINANCE NO. 19-02-02 ESTABLISHING AN ADMINISTRATIVE APPEALS PROCESS – POSSIBLE SECOND READING OF ORDINANCE NO. 19-02-02 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET BID DATE OF MARCH 12, 2019 AT 2:00 P.M. FOR 2019 ANNUAL CONCRETE WORK PROJECT B. SET HEARING DATE OF MARCH 11, 2019 AT 5:30 P.M. FOR SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSE ON MARCH 16, 2019 FOR ABERDEEN DOWNTOWN ASSOCIATION’S PUTT PUTT PUB CRAWL AT DAKOTA TERRITORY BREWING CO., 224 SOUTH MAIN STREET C. SET HEARING DATE OF MARCH 18, 2019 AT 5:30 P.M. FOR A PETITION TO VACATE PUBLIC RIGHT-OF-WAY - THE W. 8’ OF THE N. 120’ OF LOT 2, LARSON AND BATTEST FIRST ADDITION AND THE E. 8’ OF THE N. 120’ OF LOT 3, LARSON AND BATTEST FIRST ADDITION. (424 SOUTH ILLINOIS STREET AND 423 SOUTH HARVARD STREET) D. PLAT – ROHR FOURTH SUBDIVISION IN THE SW ¼ OF SEC. 36, T124N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (12989 AND 12994 ROHR DRIVE) E. LICENSES: 1. HOME DAY CARE – SHELBY KETTERLING 2. HOME DAY CARE – BLISS KRUSE F. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE: 1. ROCKY MOUNTAIN ELK FOUNDATION-DAKOTA PLAINS CHAPTER 2. DISABLED AMERICAN VETERANS CHAPTER 13 G. DEPARTMENTS’ BOARD REPORTS AND MINUTES – RECEIVE AND PLACE ON FILE: 1. ABERDEEN AIRPORT BOARD MEETING MINUTES 2. BOARD OF ZONING ADJUSTMENT MEETING MINUTES 3. K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES MEETING MINUTES 4. PARK & RECREATION SPECIAL BOARD MEETING MINUTES 5. NEW BUSINESS A. RATIFICATION OF 2017 PERFORMANCE REVIEWS OF THE CITY MANAGER, FINANCE OFFICER, AND CITY ATTORNEY AND ESTABLISHMENT OF A PERFORMANCE REVIEW SUBCOMMITTEE – POSSIBLE APPROVAL RATIFYING THE 2017 PERFORMANCE REVIEWS AND APPROVAL TO ESTABLISH A SUBCOMMITTEE OF COUNCIL TO COMPLETE THE 2018 PERFORMANCE REVIEWS B. BIDS FOR WATERMAINS, FRAMES/GRATES, HYDRANTS AND SEWER PIPE – POSSIBLE APPROVAL TO AWARD BIDS FOR SCHEDULES A, B, C, AND D AS RECOMMENDED BY PUBLIC WORKS UTILITY DIVISION AND AUTHORIZE CITY MANAGER AND FINANCE OFFICER TO SIGN THE NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY C. BIDS FOR KLINE ST. RECONSTRUCTION PROJECT - POSSIBLE APPROVAL TO AWARD BID TO B & B CONTRACTING IN THE AMOUNT OF $1,137,832.02 AND AUTHORIZE CITY MANAGER AND FINANCE OFFICER TO SIGN THE NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY Page 1 of 65 02/21/2019  D. BIDS FOR ACCESSIBLE SIDEWALK QUADRANT IMPROVEMENTS – POSSIBLE APPROVAL TO AWARD BID TO WRIGHT & SUDLOW IN THE AMOUNT OF $112,903.95 AND AUTHORIZE CITY MANAGER AND FINANCE OFFICER TO SIGN THE NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY E. BILLS: APPROVAL OF BILL LIST FOR FEBRUARY 25, 2019 F. 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 2 of 65 02/21/2019 Page 3 of 65 02/21/2019 Page 4 of 65 02/21/2019 Page 5 of 65 02/21/2019 Page 6 of 65 02/21/2019 Page 7 of 65 02/21/2019  City of Aberdeen Request for Council Action Agenda Item Meeting Date: February 25, 2019 No. 3A Agenda Section Old 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 2nd reading of Ordinance 19-02-02 establishing an Administrative Appeals process. City Manager’s Proposed Action: Motion by _________ second by _________ to approve second 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. {00045886.DOCX / 1} Rev 7/09 Page 8 of 65 02/21/2019 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 {00045886.DOCX / 1} Page 9 of 65 02/21/2019 First Reading: February 19, 2019 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 1 of 6 PageNo. Ordinance 10 of 65 19-02-02__ 02/21/2019  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 2 of 6 PageNo. Ordinance 11 of 65 19-02-02__ 02/21/2019  (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 3 of 6 PageNo. Ordinance 12 of 65 19-02-02__ 02/21/2019 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 4 of 6 PageNo. Ordinance 13 of 65 19-02-02__ 02/21/2019  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 5 of 6 PageNo. Ordinance 14 of 65 19-02-02__ 02/21/2019 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: February 19, 2019 Second Reading: Final Adoption: Published: Effective Date: Mike Levsen, Mayor ATTEST: Karl Alberts, Finance Officer Page 6 of 6 PageNo. Ordinance 15 of 65 19-02-02__ 02/21/2019  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 officer 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 16 of 65 02/21/2019  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 officer 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 to17the Department Director for such official. of 65 02/21/2019  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 $ I:\AD\025\01\1Y25\1Y25063.docx Page 18 of 65 02/21/2019 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 I:\AD\025\01\1Y25\1Y25063.docx Page 19 of 65 02/21/2019 Page 20 of 65 02/21/2019 Page 21 of 65 02/21/2019 Page 22 of 65 02/21/2019 Page 23 of 65 02/21/2019 Page 24 of 65 02/21/2019 Page 25 of 65 02/21/2019 Page 26 of 65 02/21/2019 Page 27 of 65 02/21/2019 Page 28 of 65 02/21/2019 Page 29 of 65 02/21/2019 Page 30 of 65 02/21/2019 Page 31 of 65 02/21/2019 Page 32 of 65 02/21/2019 Page 33 of 65 02/21/2019 Page 34 of 65 02/21/2019 Page 35 of 65 02/21/2019 Page 36 of 65 02/21/2019 Page 37 of 65 02/21/2019 Page 38 of 65 02/21/2019 Page 39 of 65 02/21/2019 Page 40 of 65 02/21/2019 Page 41 of 65 02/21/2019 Page 42 of 65 02/21/2019 Page 43 of 65 02/21/2019 Page 44 of 65 02/21/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: February 25, 2019 5A Agenda Section New Business Originating Dept: City Council Ordinance/Resolution Prepared by: No. of Attachments Presented by: City Attorney Item: Ratification of the 2017 performance reviews of the City Manager, Finance Officer, and City Attorney and establishment of a performance review subcommittee. City Manager’s Proposed Action: 1. Motion by second by ratifying the 2017 performance reviews placed in the personnel files of appointed officers Lynn Lander – City Manager, Karl Alberts – Finance Officer, and Ronald Wager – City Attorney, such performance reviews to remain privileged and confidential according to law. 2. Motion by second by to establish a subcommittee of the Council to complete the 2018 peformance reviews and evaluations of the City Manager, Finance Officer, and City Attorney by , 2019. Overview: A subcommittee of the Council conducted the 2017 performance review of the City Manager and completed such review in May 2018. The City Manager, at the Council’s direction, conducted the 2017 performance reviews of the Finance Officer on 2-28-18 and the City Attorney on 2-2-18. These three officers are specifically appointed by the Council as set forth in the City Charter and subject to appraisals of their performance at the Council’s discretion. Formal ratification of the performance reviews of these appointed officers would conclude the 2017 performance year. The City Manager, again at the Council’s direction, completed the 2018 performance reviews of the Finance Officer and City Attorney. A subcommittee of the Council may be established to conduct and evaluate the 2018 performance reviews of the City Manager, Finance Officer, and City Attorney to conclude the 2018 performance year. Primary Issues/Alternatives to Consider: The Council should go into executive session if any councilmember desires to review the performance reviews and/or discuss the qualifications, competence, performance, character, or fitness of any of the public officers. SDCL § 1-25-2(1). 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