Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, MAY 6, 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 APRIL 29, 2019 4. PROCLAMATIONS: A. “NATIONAL SMALL BUSINESS WEEK” – MAY 5 – 11, 2019 B. “LETTER CARRIERS’ FOOD DRIVE DAY” – MAY 11, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 5. CONSENT CALENDAR – POSSIBLE APPROVAL: A. DECLARE CITY VEHICLES AND MISCELLANEOUS ITEMS AS SURPLUS PROPERTY TO BE SOLD AT PUBLIC AUCTION ON MAY 10, 2019 AT 5:30 P.M. AT PUBLIC WORKS AREA ON 3RD AVE., SW B. ADVERTISEMENTS FOR BIDS - SET BID DATE OF MAY 21, 2019 AT 2:00 P.M. 1. 2019 PRETREATMENT DOME REMOVAL – WATER TREATMENT FACILITY 2. MILL AND OVERLAY IMPROVEMENTS (PROJECT ST-2019-1) C. LICENSES: 1. RESIDENTIAL BUILDING CONTRACTOR – BRANDON REKOW DBA TOP NOTCH REPAIR INC. 2. TAXI CAB DRIVER – WILLIAM MACDONALD D. SET HEARING DATE OF MAY 28, 2019 AT 5:30 P.M. FOR PETITIONS TO REZONE: 1. REZONE PROPERTY DESCRIBED AS LOT 1, T & S JONES CONSOLIDATED SUBDIVISION IN THE NW ¼ OF SECTION 24, T123N, R64W OF THE 5TH P.M., ABERDEEN, BROWN COUNTY, SD (1122 SOUTH MAIN STREET) FROM (C-1) DISTRICT TO (C-3) DISTRICT 2. REZONE PROPERTY DESCRIBED AS WYLIE MEADOWS FIRST ADDITION TO ABERDEEN, EXCLUDING LOT 17, BLOCK 1, LOT 7, BLOCK 2 AND LOT 14, BLOCK 4, LOCATED IN THE NW ¼ OF SECTION 11, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (2002 N. 19TH ST. AND 1701 AND 1719 HOLIDAY COURT) FROM (C-2) DISTRICT TO (R-2) DISTRICT E. REQUEST TO BLOCK OFF THE ALLEY WEST OF THE FIRST UNITED METHODIST CHURCH AT SOUTH LINCOLN STREET AND 6TH AVENUE ON JUNE 16, 2019 FOR A WORSHIP SERVICE 6. NEW BUSINESS A. ORDINANCE NO. 19-05-02 AUTHORIZING THE STREET DEPARTMENT TO MOVE VEHICLES LAWFULLY PARKED ON A STREET POSSIBLE FIRST READING OF ORDINANCE NO. 19-05-02 B. DISCUSSION REGARDING THE CITY OF ABERDEEN’S 3-MILE EXTRATERRITORIAL ZONING JURISDICTION POSSIBLE APPROVAL DIRECTING THE PLANNING & ZONING DIRECTOR, WITH THE ASSISTANCE OF THE CITY ATTORNEY, TO PREPARE AN ORDINANCE AMENDING THE EXTRATERRITORIAL ZONING JURISDICTION AND TO SUBMIT ORDINANCE TO PLANNING AND ZONING COMMISSION FOR ITS REVIEW AND RECOMMENDATION AS REQUIRED BY LAW C. APPOINTMENT OF CARLY POCHOP TO THE DOWNTOWN BUSINESS IMPROVEMENT I BOARD OF DIRECTORS POSSIBLE APPROVAL TO APPOINT CARLY POCHOP TO THE BID I BOARD OF DIRECTORS D. BILLS: APPROVAL OF BILL LIST FOR MAY 6, 2019 E. CITY MANAGER’S REPORT Page 1 of 43 05/02/2019  F. EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL ABOUT CONTRACTUAL MATTERS [SDCL §1-25-2(3)] NO COUNCIL ACTION CAN OCCUR DURING EXECUTIVE SESSION BUT COUNCIL ACTION MAY FOLLOW EXECUTIVE SESSION. 7. 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 43 05/02/2019  CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, April 29, 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, Dave Lunzman, Dennis “Mike” Olson, Mark Remily, and Jennifer Slaight-Hansen. City Council Members Alan Johnson, Rob Ronayne, and Clint Rux were absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, and Bob Braun. Mayor Levsen led the Pledge of Allegiance. MINUTES Motion by Bunsness, second by Olson to approve the minutes of the City Council Meeting of April 22, 2019, as circulated. All present voting aye, motion carried. OPEN FORUM Casey Weismantel, Laura Ptacek, and Rita Moe reported on the Convention & Visitors Bureau’s 1st quarter activities. CONSENT CALENDAR Motion by Remily, second by Slaight-Hansen to approve the following items on the consent calendar: LICENSES – Advertising/Sign Hanging – Brushmarks Signs; Ambulance Driver – Allison Wilson; Ambulance Driver – Jeffrey Cook REQUEST TO SERVE AND PERMIT – the consumption of alcoholic beverages at the Wylie Park Pavilion on May 24, 2019 for a Jondahl/Mann Wedding Reception. REQUEST TO SERVE AND PERMIT – the consumption of alcoholic beverages at the Wylie Park Pavilion on July 21, 2019 for a Waltman Family Reunion. DEPARTMENTS’ BOARD REPORTS AND MINUTES – Aberdeen Airport Board Meeting Minutes; Board of Zoning Adjustment Meeting Minutes; K.O. Lee Aberdeen Public Library Board of Trustees Meeting Minutes; and Park & Recreation Board Meeting Minutes – receive and place on file. All present voting aye, motion carried. NEW BUSINESS HEARING ON TRANSFER OF LIQUOR LICENSE Mayor Levsen opened a hearing on a request for a transfer of a Retail On-Sale Liquor License from James River Valley Fraternal Order of Eagles at 316 South 2nd Street to City Lights Bar & Event Center LLC at 316 South 2nd Street. No one was present to testify in opposition to the transfer of the liquor license. Mayor Levsen closed the hearing. Motion by Remily, second by Slaight-Hansen to approve the transfer of the Retail On-Sale Liquor License from James River Valley Fraternal Order of Eagles to City Lights Bar & Event Center LLC at 316 South 2nd Street pending approval of an inspection by the Fire Department. All present Page 3 of 43 05/02/2019 voting aye, motion carried. HEARING ON SPECIAL LIQUOR LICENSES Mayor Levsen opened a hearing on a request for Special One-Day Retail On-Sale Liquor Licenses on May 9, 2019 at Beadle Floral & Landscaping, 906 South 8th Street, and on June 13, 2019 at Clark Engineering, 3314 Milwaukee Avenue, NE Suite 2, for Aberdeen Area Chamber of Commerce’s Business After Hours. No one was present to testify in opposition to the request for the special liquor licenses. Mayor Levsen closed the hearing. Motion by Remily, second by Lunzman to approve the issuance of Special One-Day Retail On-Sale Liquor Licenses on May 9, 2019 at Beadle Floral & Landscaping and on June 13, 2019 at Clark Engineering for the Aberdeen Area Chamber of Commerce’s Business After Hours events. All present voting aye, motion carried. BIDS FOR TURBINE PUMP AND VALVE REPLACEMENT Water Treatment Superintendent Bob Braun presented bids for a 2019 New Turbine Pump and Valve Replacement for the Water Treatment Plant and recommended the acceptance of the bid from PKG Contracting, Inc. in the amount of $53,900.00. Motion by Bunsness, second by Olson to award the Pump and Valve Replacement Bid of $53,900.00 to PKG Contracting, Inc. and authorize the City Manager and City Finance Officer to sign the necessary documents after approval by the City Attorney. All present voting aye, motion carried. BIDS FOR REFUSE COLLECTION UNIT City Engineer Robin Bobzien presented bids for a 2019 new Refuse Collection Unit for the Public Works-Solid Waste Department and recommended the acceptance of Bid-Item #1 - Cab and Chassis of $80,975.00 to I-State Truck Center, Bid-Item #2 - Refuse Packer Body of $57,968.00 less trade allowance of $32,978.00 to Olympic Sales, and declare a 2012 Freightliner surplus property as the trade-in for the new unit. Motion by Bunsness, second by Lunzman to award the Bid-Item #1 – Cab and Chassis of $80,975.00 to I-State Truck Center, Bid-Item #2 - Refuse Packer Body of $57,968.00 less trade allowance of $32,978.00 to Olympic Sales, declare a 2012 Freightliner surplus property as the trade-in to Olympic Sales, and authorize the City Manager and City Finance Officer to sign the necessary documents after approval by the City Attorney. All present voting aye, motion carried. BILLS Motion by Olson, second by Slaight-Hansen to approve payment of the bills listed for April 29, 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: Wellmark Blue Cross/Blue Shield 162,500.00; Brown County Treasurer 63.60; Homes Are Possible Inc. 6,272.36; Business Improvement District 6,695.92; American Family Life Assurance 118.70; NVC 337.00; Verizon Wireless 31.89; Parkview Nursery Inc. 4,600.00; RDO Equipment Co. 152,390.00; SD One Call 52.50; United Parcel Service 139.36; Jon Murdy 58,506.06; Zumbaum Page 4 of 43 05/02/2019 Properties 25.92; Todd Cunningham 26.25; KADB, LLC 43.20; Barrett Brudvig 42.14; Catherine Allred 30.78; Linda Johnson 122.45; Tom Heis 27.79; Linda Ford 126.00. Upon roll call, all present voting aye, motion carried. PAYROLL Motion by Lunzman, second by Remily to approve the payroll for the period from April 14, 2019 through April 27, 2019 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 131,878.51; SD Retirement 76,375.54; Governing Body 3,192.28; City Manager 8,313.35; City Attorney 6,948.93; Finance 14,156.83; HR 7,718.84, Building 1,711.35; Computer 4,566.67; Planning/Zoning 14,980.28; Engineering 13,055.19; Police 125,608.47; Fire 115,146.68, Brett Goodwin 19.86 hr, Lance Hammrich 21.39 hr; Housing/Building 6,648.15; Street 34,870.94; Traffic 5,259.86; Solid Waste 23,943.84; Transportation/Ride Line 18,736.38, Library 27,120.03; Parks, Rec & Forestry 89,088.49, Dennis Benton 11.25 hr, Jessica Bitz 10.75 hr, Seth Braun 10.25 hr, Brooklyn Briscoe 9.75 hr, Thomas Carlson 12.75 hr, Andrea Christianson 10.25 hr, Donald Craft Jr 11.25 hr, Ross Criddle 11.75 hr, Faith Crissman 10.00 hr, Dennis Dahme 11.75 hr, Duane Donat 12.00 hr, Reganne Engebretson 11.50 hr, Shannon Evans 10. 75 hr, Paige Falcon 10.00 hr, Abby Forrest 9.75 hr, Charles Forrest 11.00 hr, Dawson Frink 9.75 hr, Milo Giesen 11.50 hr, Jenny Gross 10.25 hr, Adam Heining 10.25 hr, Jordan Hillesheim 11.00 hr, Lucas Howard 10.75 hr, Kallyn Jerde 11.25 hr, Tevin Johnson 10.25 hr, Kevin Jolley 11.25 hr, Karlie Karst 10.25 hr, Allen Kolb 11.00 hr, Elizabeth Litzen 9.75 hr, Grace Luond 9.75 hr, Mikayla Lynn 10.00 hr, Alicia Malewicki 10.50 hr, Stanis Malsom 11.75 hr, Dawson McNeil 11.00 hr, Tanah Messerole 10.25 hr, Morgan Mewes 11.25 hr, Austin Moser 11.00 hr, Brady Munson 9.75 hr, Kraig Nelson 10.75 hr, Kaylla Nicholson 10.50 hr, Danielle Notz 10.25 hr, Michael Olsen 11.00 hr, Taylor Paysen-Foss 12.75 hr, JoAnn Petersen 9.75 hr, Kyra Pfaff 10.00 hr, Janice Reich 16.50 hr, Kaylene Sauer 11.25 hr, Meara Sharisky 10.00 hr, Jade Soe 9.75 hr, Jonah Stolp 10.75 hr, Connor Stubbe 10.50 hr, Gabe Swanson 11.50 hr, Galen Swanson 13.25 hr, Katelyn Thares 9.75 hr, Elizabeth Wagner 10.00 hr, Tabitha Walks 13.00 hr, Emily Wiedebush 10.25 hr, Bryce Zawatzke 10.75 hr; Airport 16,360.75; Pipe 26,175.10; Water Treatment 18,921.91; Meter 1,574.40; Water Reclamation 19,056,49; Pump 8,060.74, Old Federal Crths Bldg 1,619.60. Upon roll call, all present voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander gave the City Manager’s Report including possible parking ordinance, street sweeping schedule changes, and the repair of the light tower at Player’s Field. There being no further business, motion by Remily, second by Bunsness to adjourn the meeting. All present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. Page 5 of 43 05/02/2019 Page 6 of 43 05/02/2019 Page 7 of 43 05/02/2019  City of Aberdeen - Request for Council Action May 6, 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. DECLARE CITY VEHICLES AND MISCELLANEOUS ITEMS AS SURPLUS PROPERTY TO BE SOLD AT PUBLIC AUCTION ON MAY 10, 2019 AT 5:30 P.M. AT PUBLIC WORKS AREA ON 3RD AVE., SW B. ADVERTISEMENTS FOR BIDS - SET BID DATE OF MAY 21, 2019 AT 2:00 P.M. 1. 2019 PRETREATMENT DOME REMOVAL – WATER TREATMENT FACILITY 2. MILL AND OVERLAY IMPROVEMENTS (PROJECT ST-2019-1) C. LICENSES: 1. RESIDENTIAL BUILDING CONTRACTOR – BRANDON REKOW DBA TOP NOTCH REPAIR INC. 2. TAXI CAB DRIVER – WILLIAM MACDONALD D. SET HEARING DATE OF MAY 28, 2019 AT 5:30 P.M. FOR PETITIONS TO REZONE: 1. REZONE PROPERTY DESCRIBED AS LOT 1, T & S JONES CONSOLIDATED SUBDIVISION IN THE NW ¼ OF SECTION 24, T123N, R64W OF THE 5TH P.M., ABERDEEN, BROWN COUNTY, SD (1122 SOUTH MAIN STREET) FROM (C-1) DISTRICT TO (C-3) DISTRICT 2. REZONE PROPERTY DESCRIBED AS WYLIE MEADOWS FIRST ADDITION TO ABERDEEN, EXCLUDING LOT 17, BLOCK 1, LOT 7, BLOCK 2 AND LOT 14, BLOCK 4, LOCATED IN THE NW ¼ OF SECTION 11, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (2002 N. 19TH ST. AND 1701 AND 1719 HOLIDAY COURT) FROM (C-2) DISTRICT TO (R-2) DISTRICT E. REQUEST TO BLOCK OFF THE ALLEY WEST OF THE FIRST UNITED METHODIST CHURCH AT SOUTH LINCOLN STREET AND 6TH AVENUE ON JUNE 16, 2019 FOR A WORSHIP SERVICE Page 8 of 43 05/02/2019 Page 9 of 43 05/02/2019 Page 10 of 43 05/02/2019 Page 11 of 43 05/02/2019 Page 12 of 43 05/02/2019 Page 13 of 43 05/02/2019 Page 14 of 43 05/02/2019 Page 15 of 43 05/02/2019 Page 16 of 43 05/02/2019 Page 17 of 43 05/02/2019 Page 18 of 43 05/02/2019 Page 19 of 43 05/02/2019 Page 20 of 43 05/02/2019 Page 21 of 43 05/02/2019 Page 22 of 43 05/02/2019 Page 23 of 43 05/02/2019 Page 24 of 43 05/02/2019 Page 25 of 43 05/02/2019 Page 26 of 43 05/02/2019 Page 27 of 43 05/02/2019 Page 28 of 43 05/02/2019 Page 29 of 43 05/02/2019 Page 30 of 43 05/02/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: May 6, 2019 (1st reading) 6A Agenda Section New Business Originating Dept: Public Works/Street Department Ordinance Ordinance No. 19-05-02 Prepared by: City Attorney No. of Attachments 1 Presented by: City Attorney Item: Possible 1st reading of new ordinance authorizing the Street Dept. to move vehicles lawfully parked on a street. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 19-05- 02. Overview: Primarily needed for street maintenance and non-emergency snow removal operations, proposed Sec. 52-237 would authorize the Street Department to remove a vehicle that is lawfully parked on a public street, right-of-way, or parking lot to a safe place as near as possible to its original location. The proposal borrows from SDCL § 32-30-3.1 the owner notification requirement when a towing company removes an unattended motor vehicle. Primary Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: None Attachments: 1. Ordinance No. 19-05-02 Page 31 of 43 05/02/2019 Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-05-02 AN ORDINANCE AMENDING CHAPTER 52 – TRAFFIC AND VEHICLES OF THE ABERDEEN CITY CODE REGARDING REMOVAL OF VEHICLES LAWFULLY PARKED WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and WHEREAS, the City Council has determined that the following ordinances will protect the health, safety, and property of its citizens. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Sec. 52-237 of CHAPTER 52 – TRAFFIC AND VEHICLES is hereby created as follows: Sec. 52-237. – Removal from street of vehicle lawfully parked; report to owner. (a) In order that the public works department may efficiently clean or maintain the paved streets, avenues, and parking lots of the city, or undertake snow removal operations on the public streets outside of a declared snow emergency, or undertake repairs to the public rights-of-way or the utilities thereon, the public works department is authorized to remove any vehicle lawfully parked on a public street, right-of-way, or parking lot to a safe place on a public street or parking lot in the city limits as near as practicable to the original location of the vehicle but which will not interfere with the planned operation of the public works department. The removal by the city of a vehicle lawfully parked shall be at no cost, fine, or penalty to the vehicle owner or custodian. (b) If the city removes a vehicle under this section to a place at a straight line distance more than 400 feet from its original location, the public works department shall report the removal to the owner within twenty-four hours of removing the vehicle. If unable to contact the owner, the public works department shall report the removal to the chief of police within twenty-four hours of removing the vehicle. Page 32 of 43 05/02/2019 Secs. 52-238237—52-265. - Reserved. Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: Mike Levsen, Mayor ATTEST: Karl Alberts, Finance Officer Page 33 of 43 05/02/2019  City of Aberdeen Request for Council Action Agenda Item Meeting Date: May 6, 2019 6B Agenda Section New Business Originating Dept: Planning & Zoning Ord. / Res. Prepared by: City Attorney No. of 3 Presented by: City Attorney/ Attachments Planning & Zoning Director Item: Discussion regarding the City of Aberdeen’s 3-mile extraterritorial zoning jurisdiction with possible direction to the Administration to present an amending ordinance to the planning commission for its review and recommendation. City Manager’s Proposed Action: Motion by _________ second by _________ directing the Planning & Zoning Director, with the assistance of the City Attorney, to prepare an ordinance amending the extraterritorial zoning jurisdiction, and to submit such ordinance to the Planning and Zoning Commission for its review and recommendation as required by law. Overview: The Brown County Commission on March 19, 2019, provided a statement to City administrative staff indicating its intention to evaluate and potentially reassert its zoning authority in the 3-mile area outside of the Aberdeen city limits. The statement invited the City to work with the County Commission on creating a joint comprehensive plan, establishing a jurisdictional map, appointing a joint planning commission/zoning board of adjustment, and creating a joint jurisdiction ordinance. Discussion of the County’s proposal is necessary to provide direction to the Administration on the possible preparation and presentation to the planning commission of an amending ordinance consistent with the principles, policies, and objectives of the land use plan of the city. Any ordinance could be presented to the planning commission at its next regular meeting on May 21st. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. City Jurisdictional Map 2. Statement of the Brown County Commission 3. City Attorney explanation regarding City-County zoning in the Joint Jurisdiction Area Page 34 of 43 05/02/2019 1 mi 2 km w C,f k « i «s: ) i f . ft. T ! ^ " -a m «so. M' !v I" 'JH-, 14! T h -1 J 2H" '8 t !-v E§ 1 & a i Sr385th'Ave I | gj •- f mnai m Blai f S ' f. II I 1" In! --u Q. £ dSRi W a m s ? 83 f m, 5 ;5- Li'1 L f- =:1« is! s: ay S" I .s: N ,RooscvcltTSt. 369th Ave s- mi; ranm C V :?S;: iPF a - 390th Ave J i» KJ T*i J m - Ia >T-Awh o^s- £ rt> A m La <&.*.- N 392nd Ave - —h392rtd Ave -fcy.y'X :" ?. ( r. . c. i m Page 35 of 43 05/02/2019 !  Mony citizens ore conf used obout the curcent zoning process ond wheth er they need to work with Aberdeen City or Brown County on zoning motters neqr, but not within Aberdeencity limits. They have expressed dissqtísfaction with the process. fn order to olleviote confusion qnd provide better service for our citizens, the Brown County Commission osks the Aberdeen City Councíl to consider joíning them ín working on the following: 1. Creation of o Joint Comprehensive Plon so thot both entities are in sync wifh how to hondle reguests os they pertoin to the overoll vision f or the area. Recognizing that Aberdeen City has spent a lot of time, effort, and money in the preparation of their 2018 City of Aberdeen Growth Plan, Brown County would like to aPProve and adopt the same plan, as well. Brown County is in the process of developing their own comprehensive plan. By coordínating efforts, both governing entities will have a seamless, unif ied vísion for the future use of not only the City governed and the County governed parcels, but also the joint jurisdictional orea. 2. Estqblíshment of one, joinïly opproved jurísdictíonol mop with def ined boundories ond zoníng distrícts. A couple different map versions of the outlying areas of Aberdeen have been in use. The last iointly approved map was "The 1979 Off iciat Zoning ltrlap of the City of Aberdeen, South Dakota." Aberdeen City and Brown County should work together to def ine the current ioint iurisdictional areo based on parcels annexed into the city since that time and update the map. 3' Appointment of the Joint City/County Plonníng Commission to overs ee zoning within the Joint Jurísdíctionol Territory. The Joint City/County Planning Commission, which currently meets the third Tuesday of each month, could also convene as the Board of Adjustnent for the Joint jurisdictional area at the same time. In 2018, there were an average of 3 joint items per month. By combining the planning and zoning duties within the same commission and timeframe, we prevent having to pay additional mileage and meeting costs, as well as maximize staff time. 4. Creation of a Joint Jurisdiction Ordinonc e, to govern the zoning wíthín the oreo just outsíde Aberdeen currently ref erred to os the 3-mirezone. Brown County is curcently working on a joint jurisdiction ordinance draft, which includes provísions for planníng, enforcement, variances and C|JPí, and appeals for the zonìng Process. Upon completion, the draft will be given to Aberdeen City for discussion, changes, and possible adoption. Thonks for your considerqtíon Page 36 of 43 05/02/2019  Zoning in the Joint Jurisdiction Area City of Aberdeen – Brown County City Attorney’s explanation regarding current zoning authority within the 3-mile area outside of the City’s corporate limits: State law permits a municipality to adopt zoning regulations as part of the city’s comprehensive plan. If it adopts zoning regulations, it is also required to appoint a planning commission and a zoning board of adjustment. A planning commission makes recommendations to the city council whether to approve or deny petitions (1) to rezone district boundaries (council adopts ordinance), (2) to vacate public rights-of-way (council adopts resolution), and (3) to plat or replat property (council adopts resolution). A zoning board is given the authority (1) to hear appeals from a code enforcement official’s decision, (2) to grant variances to the terms of the zoning ordinances, and (3) to determine conditional land uses authorized by the zoning ordinance. Counties are required to be organized in the same fashion, with their planning commissions and zoning boards exercising the same powers as the municipalities. Joint Jurisdiction South Dakota municipalities also have the legal authority to expand their corporate limits through voluntary and involuntary annexation. Planning for this growth as part of each city’s comprehensive plan is accommodated by a state law that grants to cities zoning authority within a joint jurisdictional area up to 6 miles outside of their corporate limits and out into the county proper. SDCL 11-6-10. Aberdeen’s zoning ordinance at Sec. 60-31 limits our zoning laws to 3 miles in all directions. Thus, our planning commission and zoning board act on all zoning matters within the 3-mile area. State law permits a county to choose whether to apply its zoning regulations within an area of joint jurisdiction with a municipality: 1 Sec. 60-3. - Jurisdiction. The provisions of this chapter shall apply to all lands within the corporate limits of the city, and in all quarter sections fully contained within the territory beyond said corporate limits as now or hereafter fixed, for a distance of three miles in all directions, as established on the map entitled "The 1979 Official Zoning Map of the City of Aberdeen, South Dakota," and amendments thereto as the same may be amended by subsequent annexation…. Page 37 of 43 05/02/2019  SDCL 11-6-12: Joint zoning in concurrent jurisdiction of first or second class municipality and county--Recommendation of each planning commission required--Time allowed for recommendation. Following adoption of a comprehensive plan by the governing bodies, the city and county planning commissions may prepare zoning regulations for all property in the joint jurisdictional area consistent with the comprehensive plan. The regulations shall delineate the authority of the governing bodies over all zoning matters pertaining to the joint jurisdictional area. Such regulations may include relinquishment by the county of some or all of its zoning authority within the joint jurisdictional area. In those instances where a county has granted to a municipality sole zoning authority beyond said municipality's existing corporate limits, the notice and public hearing requirements of chapter 11-4 shall apply…. The Brown County Commission coordinated its zoning regulations with the City and adopted an ordinance decades ago relinquishing their zoning authority within 3 miles of Aberdeen: BCO 4.0201 Jurisdiction. The provisions of Title 4 [zoning] shall apply within the unincorporated area of Brown County, South Dakota, (excluding areas of joint jurisdiction being: three (3) miles of Aberdeen, one (1) mile of Groton, one (1) mile of Hecla, one-half (1/2) mile of Frederick, and one and onehalf (1 1/2) miles of Warner City limits; and also including the incorporated communities of Claremont, Columbia and Stratford, as established on the map entitled "The Official Zoning Map of Brown County, South Dakota". Zoning Boards Because of its own ordinance, the County’s zoning board does not hear appeals of code enforcement decisions, variance requests, and land use exceptions in the 3- mile jurisdiction. The City zoning board is the only body authorized to hear those matters. Applicants unhappy with a decision of the City zoning board may appeal the decision to circuit court. The City Council does not hear appeals of a zoning board decision. This is not the procedure the County uses to appeal a decision by its zoning board. Appeals from a decision of the County zoning board are made to the County Commission. Thereafter, an aggrieved applicant may appeal the County Commission’s decision to circuit court. Planning Commissions The City and County planning commissions operate outside of the zoning regulations except to determine district boundaries. For that reason, the County cannot relinquish its authority to rezone property, approve plats, or vacate rights-of-way. The Page 38 of 43 05/02/2019 County planning commission meets jointly with the City planning commission each month to hear all such matters in the 3-mile area. All actions of the planning commissions are recommendations to their governing bodies, which ultimately approve or deny the petitions. Appeals from an adverse decision of the City Council or County Commission are taken to the circuit court. Page 39 of 43 05/02/2019 6C Page 40 of 43 05/02/2019 Page 41 of 43 05/02/2019 Page 42 of 43 05/02/2019  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: May 6, 2019 6D 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 May 6, 2019 City Manager’s Proposed Action: Motion by ________________, second by ______________ to approve payment of the bills listed for May 6, 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 May 6, 2019, of vendors of items or services purchased, or of claims made, and the amounts due thereon: Northwestern Energy – Utilities $74,079.54 US Bank – Departments’ Credit Card Purchases $41,644.33 US Bank Corp. Trust – Principal/Interest SRLF Drinking Water 3 $17,334.95 ETS Corp. – ETS Merchant Fees – Finance Office $1,500.00 Dacotah Bank – Merchant Fees – Parks & Rec. Department $5,000.00 Plug N Pay – Merchant Fees – Parks & Rec. Department $1,000.00 Infintech – Merchant Fees – Parks & Rec. Department $1,000.00 Aberdeen School Dist. 6-1 – City Council Mtg. Broadcasting – 2 qtrs. $4,550.00 Harms Oil Company – Gallons of Unleaded Gas/Diesel Fuel for Ride Line $17,469.61 AT & T – May Cell Phone/I-Pad/Data Charges $1,367.62 Matheson Tri-Gas Inc. – Oxygen and Nitrogen for Fire Department $210.10 MARCO Technologies LLC – Copier Fees for Fire Department $99.73 Briscoe Rentals – Water Service Disconnect Reimbursement-318 N. Jay St. $500.00 Stantec Consulting Services, Inc. – Payment for Comprehensive Plan $26,265.84 Chemrite – Potassium Permanganate for Water Treatment Plant $6,825.44 The Crossroads Hotel/Event Center – Lodging for Doug Roethler $330.00 Doug Roethler – Meals/Mileage for SD Rural Water Training $166.44 Core & Main LP – 2019 Pipe Bid – Schedule A and B $145,394.26 Page 43 of 43 05/02/2019