Aberdeen City Council

17419 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, June 10, 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, Clint Rux, and Jennifer Slaight-Hansen. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, Rich Krokel, Jordan McQuillen, and Mary Campton. Mayor Levsen led the Pledge of Allegiance. MINUTES Motion by Johnson, second by Rux to approve the minutes of the City Council Meeting of June 3, 2019, as circulated. All voting aye, motion carried. OPEN FORUM – No one was present. OLD BUSINESS PERMIT TO REMOVE CANOPY ON ALONZO WARD HOTEL City Council resumed consideration on a request for a permit to remove the damaged canopy on the Alonzo Ward Hotel, 104 South Main Street, located in the Aberdeen Commercial Historic District that was postponed at the June 3, 2019 City Council Meeting. Motion by Ronayne, second by Lunzman to approve Resolution No. 19-06-02R as follows: RESOLUTION APPROVING A PERMIT TO REMOVE HISTORIC PROPERTY WITHIN THE ABERDEEN COMMERCIAL HISTORIC DISTRICT WHEREAS, the Planning & Zoning Department recommends a final determination approving the issuance of a permit to remove the damaged marquee on the north side of the Alonzo Ward located at 104 Main Street South, which property is within the Aberdeen Commercial Historic District; and WHEREAS, the owner of the property at 104 Main Street South applied to the Aberdeen Planning & Zoning Department (“Department”) to remove the marquee (hereafter “historic property”) after it was damaged by a delivery truck in October of 2017; and WHEREAS, the Department completed a review of the entire file, including the case report submitted by the property owner, the investigation conducted by Aberdeen Code Enforcement, and the recommendations of the South Dakota State Historical Society; and WHEREAS, City Planner, Ken Hubbart, presented the findings of the Department to the City Council and affirmed the Department’s recommendation that the City Council approve the issuance of a permit for the historic property; and WHEREAS, the City Council considered the application and the factors set forth in SDCL §1-19A-11.1; and WHEREAS, the City Council makes the following findings in support of its determination: 1. The property owner provided the document attached hereto entitled “Case  17420 Report regarding North exposure marquee,” which report’s findings and conclusions are adopted in full by the City Council and incorporated herein by reference. 2. Any attempt to remove and replace the supporting beams for the marquee would have a significant negative effect on the historic grandeur and integrity of the lobby area and the interior of the building. 3. Safety considerations and maintaining the historical integrity of the structure require removal of the marquee as the most appropriate and feasible option. 4. The compromised integrity of the supporting beams of the marquee creates a grave safety hazard requiring prompt resolution. 5. It is not economically feasible for the property owner to incur significant interior damage to reclaim the marquee. 6. The effects of the proposed building project should have little negative impact on neighboring properties. 7. No other feasible and prudent alternative to replacement exists and all possible planning to minimize harm to the historic property has been fairly considered. 8. The May 24, 2019 letter from the South Dakota State Historical Society entitled “SDCL 1-19A-11.1 Consultation” has been reviewed and considered in making this determination. 9. The integrity of the historic district will not be jeopardized by the removal of the historic property. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The application for a permit to remove the north marquee of the Alonzo Ward Hotel at 104 Main Street S., which property is located within the Aberdeen Commercial Historic District, is hereby Approved. 2. The City Council makes this determination based upon the consideration of all relevant factors and concludes that there is no feasible and prudent alternative to the issuance of the building permit and that the program includes all possible planning to minimize harm to the historic property resulting from such use. 3. Notice of this final determination shall be given, by certified mail, to the South Dakota State Historical Society at least ten (10) days before demolition of the subject property. All voting aye, motion carried to adopt Resolution No. 19-06-02R. Number of AYES: 9; Number of NAYS: 0. CONSENT CALENDAR Motion by Slaight-Hansen, second by Remily to approve the following items on the consent calendar: 2018 AUDITED FINANCIAL STATEMENTS – for the City of Aberdeen, SD by EideBailly. SET HEARING DATE – of June 24, 2019 at 5:30 p.m. for the following applications: Transfer  17421 of Retail On-Off Sale Malt Beverage & SD Farm Wine License from VEINTE Inc. dba Black Diamond Casino, 102 – 6th Avenue, SW, Suite 2 to VEINTE Inc. dba Black Diamond Casino, 1202 – 8th Avenue, NE, Suite 2; Special One-Day Retail On-Sale Liquor Licenses for Aberdeen Area Chamber of Commerce’s Business After Hours Events on July 11, 2019 – 1st Avenue, SE between Main Street and Market Street with a Community Event Permit Application, August 8, 2019 – Aberdeen Flying Service, 4400 – 6th Avenue, SE – Bldg. AA, September 12, 2019 – NSU Science Center, 1200 South Jay Street, October 10, 2019 – Pierson Ford Show Room, 701 Auto Plaza Drive, November 14, 2019 – Aberdeen Civic Arena, 203 South Washington Street. LICENSES: Ambulance Driver – Trey Pajimula; Residential Building Contractor – Pat Daschle; Taxi Cab Driver – Robert Thomas; Transportation Network Company – Rasier, LLC/Uber Technologies, Inc. All voting aye, motion carried. NEW BUSINESS CANVASS RESULTS OF ELECTION City Finance Officer Karl Alberts and Brown County Auditor Cathy McNickle reported the June 4, 2019 Municipal Election vote results electing the Mayor of the City of Aberdeen, SD and the City Council Member – NW District. Motion by Ronayne, second by Rux to approve Resolution No. 19-06-03R as follows: RESOLUTION DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF ABERDEEN, SD ON JUNE 4, 2019 WHEREAS, on the 7th day of January, 2019, the City Council of the City of Aberdeen set the time and date of the Annual Municipal Election to be held in the City on the 4th day of June, 2019 for the purpose of electing the Mayor of the City of Aberdeen, SD and a City Council Member – NW District, and WHEREAS, at the Annual Municipal Election held in three voting centers in the City of Aberdeen, SD on Tuesday, the 4th day of June, 2019, there were cast the following votes for Office of Mayor of the City of Aberdeen, SD, to wit: Travis Schaunaman received 2,557 votes and Mike Levsen received 1,286 votes, there being a total of 3,843 legal votes cast; for Office of City Council Member – NW District, to wit: Jennifer Slaight-Hansen received 306 votes and Josh Rife received 708 votes, there being a total of 1,014 legal votes cast, and WHEREAS, the returns of said election have been delivered and canvassed by the City Council, and WHEREAS, Travis Schaunaman and Josh Rife received a plurality of the legal votes cast for City Council, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ABERDEEN, that Travis Schaunaman is hereby elected Mayor of the City of Aberdeen, SD and Josh Rife is hereby elected City Council Member – NW District and the City Finance Officer  17422 is hereby directed to issue the proper Certificates of Election. All voting aye, motion carried to adopt Resolution No. 19-06-03R. Number of AYES: 9, Number of Nays: 0. HEARING ON SPECIAL LIQUOR LICENSE Mayor Levsen opened a hearing on a request for a Special One-Day Retail On-Sale Liquor License on June 13, 2019 for Aberdeen Downtown Association’s Summer Concert Series on South Main Street from Railroad Avenue to 2nd Avenue including an application for a Community Event Permit for the same. No one was present to testify in opposition to the request for the liquor license so Mayor Levsen closed the hearing. Motion by Remily, second by Slaight-Hansen to approve the Special One-Day Liquor License on June 13, 2019 and the Community Event Permit for Aberdeen Downtown Association for their concert on South Main Street from Railroad Avenue to 2nd Avenue. All voting aye, motion carried. HEARING ON WINE & CIDER LICENSE Mayor Levsen opened a hearing on a request for a new Retail On-Off Sale Wine & Cider License for the One Legged Pheasant Brewery LLC at 723 South Main Street. No one was present to testify in opposition to the request for the wine license so Mayor Levsen closed the hearing. Motion by Rux, second by Olson to approve the Retail On-Off Sale Wine & Cider License for the One Legged Pheasant Brewery LLC at 723 South Main Street. All voting aye, motion carried. 2018 REPORT FROM POLICE DEPARTMENT Police Chief Dave McNeil presented the 2018 Annual Report for the Aberdeen Police Department to the Council. Motion by Bunsness, second by Rux to accept for placement in the official City records the 2018 Annual Report for the Aberdeen Police Department. All voting aye, motion carried. AGREEMENT WITH SRF CONSULTING GROUP City Engineer Robin Bobzien asked the Council for approval of a professional services agreement with SRF Consulting Group for work related to a train detection and traveler information system to be located at the crossing near Roosevelt Street North and Eighth Avenue NE in an amount up to $114,056. Motion by Bunsness, second by Slaight-Hansen to approve the agreement with SRF Consulting Group in an amount up to $114,056 for the train warning system. All voting aye, motion carried. PAYMENTS FOR AIRPORT PROJECTS Transportation Director Rich Krokel requested approval and authorization for the City Manager to sign the following payment requests for work on Airport Projects: Payment Request #17 – AIP #3-46-0001-37-2017 Wildlife Hazard Assessment & Mitigation – Helms & Associates in the amount of $4,479.15; Payment Request – Agreement to acquire Passenger Loading Bridge – Helms & Associates in the amount of $734.30; Payment Request #10 – AIP #3-46-0001-39-2018 Airport Master Plan/Airport Layout Plan – Helms & Associates in the amount of $7,546.28; Payment Request #7 – AIP #3-46-0001-40-2019 Design &  17423 Reconstruction of Taxiway ‘C’ – Helms & Associates in the amount of $11,944.02; Payment Request #2 – AIP #3-46-0001-41-2020 General Aviation Apron – Helms & Associates in the amount of $1,925.75. Motion by Ronayne, second by Johnson to approve and authorize the City Manager to sign the payment requests to Helms & Associates for work on the Airport Improvement Projects. Upon roll call, all 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 $4,651.30 and a Payment Request in the amount of $31,342.69 to John Bean Technologies for work on the Airport Passenger Boarding Bridge Project AIP #3-46-0001-38-2018. Motion by Johnson, second by Slaight-Hansen to approve Change Order #2 in the amount of $4,651.30 and Payment Request #2 in the amount of $31,342.69 to John Bean Technologies for work on the Airport Passenger Boarding Bridge Project. Upon roll call, all voting aye, motion carried. BILLS Motion by Bunsness, second by Lunzman to approve payment of the bills listed for June 10, 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: Northwestern Energy 85,195.26; US Bank 37,647.38; Nationwide Employee Benefits 155.02; Dependable Sanitation, Inc. 22,996.71; Shirley A. Jacobs 38,949.19; AGTEGRA Cooperative 73.06; J & K Mowing Service 412.50; AT & T 128.45; Midwest Alarm Company 546.96; American News 4,186.82; Aberdeen Chamber of Commerce 258.00; Aberdeen School Dist. 30,743.95; Roadway Services Inc. 16,033.30; Praxair Distribution Inc. 617.89; American Assn Airport Execs 550.00; Helms & Associates 6,139.45; MARCO Technologies LLC 33.29; Bonnie Bitz 3,860.00; Tessman Company 560.00; RDO Equipment Co. 516.82; A M Leonard Inc. 179.95; Northern Plains Animal Health 80.06; Molly Taylor 35.00; Dakota Electronics 110.00; Lang’s TV & Appliance 383.97; Vosika Fencing 4,390.17; Don’s Builders Hardware 148.50; Heartland Paper Company 165.66; Cole Papers Inc. 1,272.68; Farm Power Mfg. Inc. 92.96; Jensen Rock & Sand Inc. 331.72; Graham Tire Co. 606.00; Grote Roofing Co. Inc. 482.24; South Brown Conservation Dist. 160.00; TDS Media Direct Inc. 490.00; Auto Value Part Stores/Hedahls 1,508.44; House of Glass, Inc. 816.20; Inman Irrigation 200.42; Kesslers Inc. 142.55; MAC’s Inc. 24.10; North Star Energy LLC 79.20; Ferguson Enterprises, Inc. 100.70; NB Golf LLC 511.70; Sewer Duck, Inc. 803.00; Kim Bonen 126.16; Avera Home Medical Equipment 900.00; B & B Contracting 692.25; Farnams Genuine Parts 54.56; Overhead Door Company 90.00; Pantorium 106.70; Dakota Supply Group 12,053.34; Midstates Group 6,136.25; Ringgenberg Electric Inc. 78.40; Avera St. Luke’s Hospital 3,937.50; Schwan Welding & Boiler 48,588.10; Fay’s Refrigeration Service 1,507.50; Sherwin-Williams Co. 153.47; Town & Country Lumber Inc. 52.84; Weismantel Rent All 1,000.00; Wright & Sudlow 67,314.11; Finishing Touch Design Studio  17424 1,937.72; Recorded Books, Inc. 806.31; Baker & Taylor Inc. 25.82; DEMCO Inc. 226.79; GALE/GENGAGE Learning 303.52; Mission Mgmt Information 505.00; Fastenal Company 842.67; Totally Tubular Mfg 175.21; Airside Solutions, Inc. 4,901.15; Gametime 6,116.06; MACH 3 Enterprises 600.00; Dependable Sanitation, Inc. 1,425.00; Center Point Large Print 245.83; Western States Fire Protection Co. 468.60; Pressure Washer Central 15.50; Bantz, Gosch & Cremer, LLC 19,741.71; Fordham Signs 2,385.50; WISP Services LLC 60.00; PEPSI-COLA 1,691.83; COCA-COLA Refreshments 199.00; Pauer Sound & Music Inc. 607.26; Hub City Radio 2,549.00; Executive Management 24.75; Service Signs Inc. 78.33; Beacon Athletics 219.00; ULine 1,987.21; Parkview Nursery Inc. 3,063.49; Dakota Broadcasting LLC 870.00; Jarman’s Water Systems 273.65; Richardson, Wyly, Wise, Sauck & Hieb 260.00; Vermont Systems Inc. 4,112.18; Dakotaland Autoglass Inc. 46.66; Downie’s Piano Tuning & Repr. 100.00; MTI Distributing 8,576.30; Dakota Fence Co. 9,869.00; The Lifegaurd Store Inc. 1,397.50; Bismarck Tribune 348.00; Fire Safety First 122.40; Action Pest Control 315.00; Quill Corp. 758.95; Ken’s Superfair Foods 2,594.53; O’Reilly Auto Parts 3.99; Century Business Products 182.43; Sabrina Padfield 172.20; Menards 3,575.17; SD Pilots Association 20.00; Store Supply Warehouse 491.63; McQuillen Creative Group Inc. 2,200.00; Midwest Mini Melts 3,901.00; Borns Group 781.20; FP Mailing Solutions 135.00; Spectrum Promotional Products 1,144.81; OCLC, Inc. 920.72; AT & T 979.78; Ferguson Waterworks 4,714.08; Recreation Supply Co. 10,328.89; Helena Chemical Company 2,505.00; Matheson Tri-Gas Inc. 17.65; Van Diest Supply Co. 6,359.39; Dakota News 5,326.59; Aberdeen Christian School Inc. 300.00; Forest Rux 50.92; Glaesman Moving 4,500.00; Dakota Oil 290.43; Prairie’s Edge Dev. LLC 47,552.51; Whitewater West Industries 2,504.51; Joshua J. Frachiseur 3,000.00; Zimco Supply Co. 3,398.82; Herfort Norby Golf Course Architects 15,400.00; DSS Image Apparel 1,321.70; Friends of SD Public Broadcasting 1,400.00; Advance Auto Parts 136.02; Aberdeen Air Show 105.00; B & E Siding & Windows, Inc. 10,576.85; Dawn Thorstenson 45.00; Ingram Library Services 3,670.18; Vollan Oil Co. 11,007.81; Plunkett’s Pest Control 1,413.09; Aberdeen Plumbing & Heating Inc. 2,610.99; Midwest Tape 229.30; Isaac Seaton 60.00; GRAINGER 39.20; Geffdog Designs 427.70; Ameripride Services Inc. 1,664.64; KLAS Group 34,858.38; Warne Chemical & Equipment 5,200.00; Crescent Electric Supply 21,536.05; Arctic Glacier USA, Inc. 90.60; Universal Publications 195.00; Innovative Interfaces, Inc. 2,250.00; Aberdeen Blinds, LLC 1,574.30; Builders Firstsource, Inc. 226.88; Tri-State Water, Inc. 107.19; Domino’s Pizza 224.21; Swanson Electric 696.22; Efraimson Electric, Inc. 165.30; IHeartMedia 150.00; Moment To Moment Photography 550.00; Frost Development, Inc. 19,426.29; Depot Revival LLC 13,549.39; MAC Tools/D & D Distributing LLC 85.00; Hillyard 288.50; Jackie Witlock 43.18; Kandi Smith 287.50; Gayle Parmeter 66.00; Mike Wood 26.40; Apple Books 84.07; Wingfoot Plastics & Printing, Inc. 642.06; Autozone 188.97; Jonathon Murdy 2,500.00; AGTEGRA Cooperative 237.14; Anna Jahraus 638.87; Runnings Supply Inc. 7,904.80; Interstate Battery 103.95; Doty & Sons Concrete Products, Inc. 3,920.00;  17425 Graphic Imprints 538.60; JH Construction LLC 35,615.75; Midwest Radio 550.00; MUSCO Sports Lighting, LLC 31,505.00; U.S. Flag and Flagpole Supply 22,552.50; Frontier Precision, Inc. 1,842.13; Cindy Kirschman 114.72; Judy Mardian 39.60; Megan McNeil 35.71; Breanne Mueller 42.58; Mike Pfeiffer 95.85; Amber Tarbox 69.96. Upon roll call, all voting aye, motion carried. PAYROLL Motion by Olson, second by Bunsness to approve the payroll for the period from May 26, 2019 through June 8, 2019 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 157,324.82; SD Retirement 77,340.31; Governing Body 3,192.28; City Manager 8,313.34; City Attorney 6,750.24; Finance 14,153.87; HR 7,643.84, Building 1,743.14; Computer 4,638.61; Planning/Zoning 14,905.27; Engineering 13,727.21; Police 136,542.88, Landon Seaman 23.39 hr, Brady Woehl 23.39 hr; Fire 107,094.17, Jordon Dahme 15.14 hr; Housing/Building 4,477.75; Street 36,953.85; Traffic 5,893.95; Solid Waste 24,070.29; Transportation/Ride Line 16,810.04, Jessica Kriech 16.97 hr; Library 27,141.28; Parks, Rec & Forestry 196,842.49, Nehemiah Becker 10.25 hr, Stewart Bohle 420 week, 10.00 hr, Zachary Bohnenkamp 52-58 team, 9.25 hr, Kaden Clark 44 team, 9.25 hr, Ross Criddle 11.00 hr, Brett Hansen 52-58 team, 14-24 game, 9.25 hour, Hunter Hansen 52-58 team, 9.25 hr, Lincoln Jordre 10.25 hr, Donald Jurek 44-52 team, 9.25 hr, Jerome Letcher 5,000 season, Williiam Olander 10.50 hr, Lisa Osman 420 week, 10.00 hr, Richard Osman 14-24 game, 9.25 hr, Caleb Schentzel 44 team, 9.25 hr, Madalin Schultz 44-50 team, 9.25 hr, Airport 19,511.22, Jacob Rader 13.50 hr, Taylor Rolf 14.00 hr, Jacob Streit 13.50 hr; Pipe 31,974.30; Water Treatment 18,334.78; Meter 1,574.40; Water Reclamation 22,366.24; Pump 9,523.98, Old Federal Crths Bldg 1,865.62 . Upon roll call, all voting aye, motion carried. CITY MANAGER’S REPORT Lynn Lander gave the City Manager’s Report including the Promotion Fund allocations due next week and also mentioned that he will be absent next week. EXECUTIVE SESSION Motion by Ronayne, second by Bunsness to move into executive session to consult with legal counsel about contractual matters pursuant to SDCL §1-25-2(3). All voting aye, motion carried. Motion by Olson, second by Johnson to move out of executive session. All voting aye, motion carried. ADJOURN There being no further business, motion by Rux, second by Johnson to adjourn the meeting. All voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer.