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Aberdeen City Council

Regular Meeting

Aberdeen, SD · June 17, 2019

AgendaMinutes

Minutes

17426 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, June 17, 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 Clint Rux. City Council Member Jennifer Slaight-Hansen was absent. City Staff present were Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, and Tanner Jondahl. Mayor Levsen led the Pledge of Allegiance. MINUTES Motion by Rux, second by Olson to approve the minutes of the City Council Meeting of June 10, 2019, as circulated. All present voting aye, motion carried. OPEN FORUM – No one was present. CONSENT CALENDAR Motion by Bunsness, second by Remily to approve the following items on the consent calendar: HEARING CANCELLED FOR JUNE 17, 2019 – withdrawal of applications for new Retail On-Off Sale Malt Beverage & SD Farm Wine License and a new Retail On-Off Sale Wine & Cider License by Tokyo Sushi & Steakhouse LLC dba 3315 – 6th Avenue, SE #68. SET BID DATE – of July 9, 2019 at 2:00 p.m. for bids on a 2019 Trench Roller for the Utility Water Department. NOTICES – sale of surplus real property at 102 – 4th Avenue, SE on July 1, 2019 at 1:00 p.m. and public hearing on June 24, 2019 at 5:30 p.m. for final approval of the sale of the 102 – 4th Avenue, SE property. LICENSE – Private Security – Deali Dillard. REQUEST FOR STREET/TRAIL USE – 821 Railroad Avenue, SE to South State Street for YMCA Crossfit Competition on July 20, 2019. LOTTERY NOTICES – American Legion Sidney L. Smith Post 24 and St. Mary’s Church – receive and place on file. All present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 19-05-04 City Attorney Ron Wager presented Ordinance No. 19-05-04 for first reading to repeal the extraterritorial zoning jurisdiction of the City of Aberdeen. Motion by Rux, second by Remily to approve first reading of Ordinance No. 19-05-04 repealing the extraterritorial zoning jurisdiction of the City of Aberdeen and amending the Aberdeen City Code. Upon roll call, all present voting aye, motion carried. RESOLUTION NO. 19-06-04R City Attorney Ron Wager presented Resolution No. 19-06-04R (Brown County 17427 Resolution #R22-19) jointly authorizing and ratifying with Brown County all actions and decisions of the planning departments, commissions, and zoning boards during the transition period to repeal the extraterritorial zoning jurisdiction of the City of Aberdeen. Motion by Ronayne, second by Bunsness to approve Resolution No. 19-06-04R (Brown County Resolution #R22-10) as follows: RESOLUTION #R22-19/RESOLUTION NO. 19-06-04R JOINT RESOLUTION AUTHORIZING AND RATIFYING ACTIONS OF PLANNING DEPARTMENTS, COMMISSIONS AND ZONING BOARDS DURING TRANSITION TO REPEAL CITY OF ABERDEEN EXTRATERRITORIAL ZONING JURISDICTION WHEREAS, Brown County and the City of Aberdeen provide for the health, safety, and property of their residents and citizens through the comprehensive zoning ordinances adopted by their respective governing bodies; and WHEREAS, the City of Aberdeen desires to repeal its extraterritorial zoning jurisdiction; and WHEREAS, persons seeking to comply with the zoning regulations within three miles of the City’s corporate limits during the repeal transition period should not be put to additional inconvenience, cost, or uncertainty by the respective planning departments or by the procedures to appeal matters or request hearings before the respective planning commissions and board of zoning authority; and WHEREAS, the public is best served if actions and decisions of the County and City planning departments, planning commissions, and boards of zoning authority that continue to serve the principles, policies, and objectives of the zoning regulations of the County and City during the transition for such repeal are formally authorized or, if already taken, ratified as the approved action or decision of the authority having jurisdiction over such matter. NOW, THEREFORE, BE IT HEREBY RESOLVED that the actions and decision of the County and City planning departments, planning commissions, and boards of zoning authority that continue to serve the principles, policies, and objectives of the zoning regulations of the County and City during the period of time necessary to effectively repeal the extraterritorial zoning jurisdiction of the City of Aberdeen are hereby authorized or, if already taken, ratified as the approved action or decision of the authority having jurisdiction over such matter. Upon roll call vote, number of AYES: 8 – Bunsness, Johnson, Lunzman, Olson, Remily, Ronayne, Rux, and Mayor Levsen; number of NAYS: 0, motion carried. RESOLUTION NO. 19-06-01R City Planning/Zoning Director Brett Bill explained a petition from Roby Johnson and Jon Walberg requesting the vacation of public right-of-way described as the South 15’ of 12th Avenue, NW public right-of-way adjacent to Lots 1 – 12, Block 4, Corrected Plat of the Highlands of Aberdeen commencing at the West right-of-way line of North 3rd Street public 17428 right-of-way and continuing West for 300.66’ to point of termination at East right-of-way line of North 4th Street public right-of-way (1123 North 3rd Street and 1120 North 4th Street). Motion by Bunsness, second by Rux to approve Resolution No. 19-06-01R to vacate the property as requested. Vote to approve Resolution No. 19-06-01R: number of AYES 8 – Bunsness, Johnson, Lunzman, Olson, Remily, Ronayne, Rux, and Mayor Levsen; number of NAYS: 0, motion carried. HEARING ON TRANSFER OF LIQUOR LICENSE Mayor Levsen opened a hearing on a transfer of a Retail On-Sale Liquor License from JT Restaurants LLC dba Max & Erma’s, 715 North 10th Street, to Eagle River, LLC dba 715 North 10th Street. No one was present to testify in opposition of the request for the liquor license so Mayor Levsen closed the hearing. Motion by Rux, second by Remily to approve the transfer of a Retail On-Sale Liquor License from JT Restaurants LLC to Eagle River, LLC at 715 North 10th Street. All present voting aye, motion carried. APPOINTMENT TO ABERDEEN PARKS AND REC BOARD Motion by Bunsness, second by Johnson to appoint Bethany Russell to the Aberdeen Parks and Recreation Board for a three-year term ending June 30, 2022. All present voting aye, motion carried. REAPPOINTMENT TO ABERDEEN AIRPORT BOARD Motion by Rux, second by Johnson to reappoint Carl Perry to the Aberdeen Airport Board for a second five-year term ending June 30, 2024. All present voting aye, motion carried. BILLS Motion by Bunsness, second by Olson to approve payment of the bills listed for June 17, 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: CenturyLink 3,921.70; Country Concrete/Landscaping 625.50; NVC 1,057.56; J & K Mowing Service 1,070.84; Lien Transportation co. 2,088.00; Frederickson Law Office 475.00; Dependable Sanitation 121.00; SD Dept. Environment & Natural Resources 10,050.00; Borns Group 4,484.18; Midwest Alarm Co. 282.96; American News 2,357.79; Aberdeen Chamber of Commerce 27,500.00; Aberdeen Development Corp. 14,166.67; Praxair Distribution Inc. 121.19; MARCO Technologies 897.89; Brown County Landfill 20,573.64; Dakota Riggers & Tool Supply 10,301.62; NDSU Soil Testing Lab 60.00; Dahme Construction 2,037.50; Hawkins Inc. 2,640.00; Dakota Electronics 3,983.60; Performance Oil & Lubricants 246.50; Cole Papers Inc. 1,600.45; Farm Power Mfg. Inc. 156.56; GCR Tires & Service 1,732.44; Flexible Pipe Tool Company 171.25; Jensen Rock & Sand Inc. 39,358.20; Graham Tire Co. 93.48; HACH Co. 924.54; Direct Automation LLC 2,868.97; Auto Value Part Stores/Hedahls 2,087.28; Lyle Signs Inc. 1,967.50; Nelson Sales & Service, LLC 64.36; HF Jacobs & Son 1,606.69; NTOA 13,774.00; Kesslers Inc. 46.90; Steven Lust Automotive 574.14; MAC’s Inc. 256.79; Ferguson Enterprises, Inc. 35.30; Michael Todd 17429 & Co. Inc. 5,247.78; Sanford Health Occupational Medicine Clinic 6,371.00; Farnams Genuine Parts 169.72; Northern Electric 7,094.54; Pantorium 13.00; Dakota Supply Group 382,89; Graymont Capital Inc. 14,809.20; Midstates Group 2,670.57; Cross Country Freight Solutions, Inc. 181.67; Rockmount Research & Alloys, Inc. 303.20; Safety Service Inc. 1,912.05; Avera St. Luke’s Hospital 452.77; SHARE Corp. 693.00; Crawford Trucks & Equipment 2,365.62; Keith Sharisky 490.00; Stan Houston Equipment, Inc. 886.11; Western Area Power Adm 7,081.41; Wright & Sudlow 28,641.69; Diesel Machinery Inc. 28.80; Aberdeen Area Arts Council 6,000.00; Fastenal Company 232.24; Totally Tubular Mfg 150.36; BRITE 9,411.07; Target Specialty Products 31,731.21; Mattern Electric 142.86; Metering & Technology Solutions 1,911.82; Olson’s Pest Technicians 2,400.00; Harms Oil Company 46,094.08; MacQueen Emergency Group 757.15; Tony Bisbee 17.00; NSU 304,000.00; Tom Wanttie 1,091.45; Dependable Sanitation, Inc. 294.00; Dakota Ink & Toner 550.52; Productions Monkeys.com 4,631.34; IACP 875.00; First National Bank 8,025.00; Energy Laboratories Inc 1,625.00; SD Dept. Health Lab 423.00; Physio-Control Inc. 1,217.85; Titan Access Acct 906.17; Hub City Radio 240.00; Automationdirect.com Inc. 285.00; Executive Management 299.84; US Postal Service 234.00; Climate Control 404.90; DANKO Emergency Equipment Co. 74.53; Dakota Outdoors 416.43; Pierson Ford-Lincoln-Mercury 707.02; West Payment Center 649.49; Barton Hearing & A/C Inc. 463.61; Holiday Inn Express 731.94; SD Dept. of Revenue 29,625.73; Univar USA Inc. 7,181.80; ARFF Specialists, LLC 4,900.00; The Sewing Shoppe 25.00; NVC 111.17; MTI Distributing 206.04; Kirk’s Auto 4,695.65; POET Ethanol Products 1,822.58; AFFNIIS 652.39; McMaster-Carr Supply Co 588.87; Dr. Steve Redmond 500.00; Midland Lease Division 250.91; Jon Droege 1,150.00; AE2S 585.18; SD One Call 311.36; Lutheran Social Services 120.00; Federal Express Corp. 44.36; Day-Timers Inc. 55.07; Joshua Ochsner 49.00; Menards 819.97; Aberdeen Community Concert 2,500.00; Bound Tree Medical LLC 4,885.30; Aqua Pure Inc. 3,925.00; Convention Visitors Bureau 40,957.70; Dakota Fluid Power Inc. 1,315.40; McQuillen Creative Group Inc. 118.75; Borns Group 1,405.28; Impact Janitorial 4,055.57; AT & T 442.49; Volk Upholstery 45.00; NCL of Wisconsin 572.41; Tyler Technologies 853.25; Schmidt Construction Inc. 28,826.30; Matheson Tri-Gas Inc. 257.59; Aberdeen Shuttle 187.50; John Kirnan 43.00; Pomp’s Tire Service, Inc. 274.15; Michael Law 111.00; Konica Minolta Premier Finance 126.85; American Solutions for Business 41.97; GALLS Inc. 2,057.72; Business Improvement Dist. 95,000.00; Dakota Oil 526.58; Crouch Irrigation 80.00; Brett Bill 53.00; DSS Image Apparel 499.25; Advance Auto Parts 9.03; Jordan Dahme 175.00; Laursen Asphalt Repair Equip. LLC 223.18; North Central Rental/Leasing 13,857.20; Austin Nath 175.00; Landon Binfet 175.00; MVTL Lab Inc. 446.50; Donau Carbon US LLC 25,518.22; Vollan Oil Co. 1,628.51; 3D Specialties Inc. 1,383.66; ED M. Feld Equipment Co. 169.00; Aberdeen Chrysler Center 52.35; Midcontinent Communications 2,257.44; Kyle Stoddard 175.00; Butler Machinery Co. 6,587.93; GRAINGER 172.48; Zoll Medical Corp. 925.00; Geffdog Designs 3,925.13; Cooper Animal 17430 Clinic 127.79; Arrow International, Inc. 562.50; Shane Smith 53.00; David Dosch 53.00; WEB Water Bottling Co. 59.00; Ameripride Services Inc. 837.73; Country Concrete/Landscaping 7,573.38; Knight Towing 110.00; Builders Firstsource Inc. 101.04; Diamond Dry Cleaning 30.00; A-1 Sanitation 856.44; Muth Electric 227.35; Tri-State Water, Inc. 23.50; 121 Benefits 292.00; Mitch Aman 175.00; Northern Plains Psychological 4,740.00; NAEMT 20.00; Aberdak Club 555.00; CWF Masonry & Construction Inc. 30,299.89; Office Depot 551.16; Haar Plumbing & Heating Inc. 115.21; George Jones 388.40; Core & Main LP 2,444.91; Transource Truck & Equipment, Inc. 233.35; Stephanie Sorensen, Phd 100.00; Jonathon Murdy 1,730.69; Blaze Publications Inc. 675.00; Runnings Supply Inc. 2,658.65; Interstate Battery 848.60; Mes Companies 982.50; The Spirit of Qz, LLC 850.00; Grate Interpreting 62.70; Amazon Capital Services 1,297.63; Brookings Police Dept. 100.00; Gary’s Engine & Repair Inc. 224.97; Frontier Precision, Inc. 2,745.00; Eide Bailly LLP 23,285.00; Sandra Olsen 63.90; Liberty Raba 20.00; Janet Wipf 5.75. Upon roll call, all present voting aye, motion carried. ADJOURN There being no further business, motion by Bunsness, second by Johnson to adjourn the meeting. All present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer.

Agenda

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, JUNE 17, 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 JUNE 10, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. HEARING CANCELLED FOR JUNE 17, 2019 – TOKYO SUSHI & STEAKHOUSE LLC DBA 3315 – 6TH AVENUE, SE #68 WITHDREW APPLICATIONS FOR MALT BEVERAGE AND WINE LICENSES B. SET BID DATE OF JULY 9, 2019 AT 2:00 P.M. FOR BIDS ON 2019 TRENCH ROLLER FOR THE UTILITY WATER DEPARTMENT C. NOTICE OF SALE OF SURPLUS REAL PROPERTY ON JULY 1, 2019 AT 1:00 P.M. AND NOTICE OF PUBLIC HEARING ON JUNE 24, 2019 AT 5:30 P.M. FOR OLD FEDERAL BUILDING AT 102 – 4TH AVENUE, SE. D. LICENSE - PRIVATE SECURITY – DEALI DILLARD E. REQUEST FOR STREET/TRAIL USE – 821 SE RAILROAD AVE. TO SOUTH STATE STREET FOR YMCA CROSSFIT COMPETITION ON JULY 20, 2019 F. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE: 1. AMERICAN LEGION SIDNEY L. SMITH POST 24 2. ST. MARY’S CHURCH 5. NEW BUSINESS A. ORDINANCE NO. 19-05-04 REPEALING THE EXTRATERRITORIAL ZONING JURISDICTION OF THE CITY OF ABERDEEN POSSIBLE FIRST READING OF ORDINANCE NO. 19-05-04 B. RESOLUTION NO. 19-06-04R – JOINT RESOLUTION WITH THE COUNTY APPROVING ACTIONS AND DECISIONS OF THE PLANNING DEPARTMENTS DURING THE TRANSITION PERIOD TO REPEAL EXTRATERRITORIAL ZONING JURISDICTION OF THE CITY OF ABERDEEN POSSIBLE APPROVAL OF RESOLUTION NO. 19-06-04R C. RESOLUTION NO. 19-06-01R TO VACATE PUBLIC RIGHT-OF-WAY DESCRIBED AS THE S. 15’ OF 12TH AVENUE, NW PUBLIC R.O.W ADJACENT TO LOTS 1-12, BLOCK 4, CORRECTED PLAT OF THE HIGHLANDS OF ABERDEEN COMMENCING AT WEST R.O.W. LINE OF NORTH 3RD ST. PUBLIC R.O.W. AND CONTINUING W. FOR 300.66’ TO POINT OF TERMINATION AT E. R.O.W. LINE OF N. 4TH ST. PUBLIC R.O.W. (1123 N. 3RD ST. AND 1120 N. 4TH ST.) POSSIBLE APPROVAL OF RESOLUTION NO. 19-06-01R D. HEARING – TRANSFER OF RETAIL ON-SALE LIQUOR LICENSE FROM JT RESTAURANTS LLC DBA MAX & ERMA’S, 715 N. 10TH ST. TO EAGLE RIVER, LLC DBA 715 N. 10TH ST. POSSIBLE APPROVAL OF TRANSFER OF ON-SALE LIQUOR LICENSE FROM JT RESTAURANTS LLC TO EAGLE RIVER, LLC AT 715 N. 10TH ST. E. APPOINTMENT OF BETHANY RUSSELL TO THE ABERDEEN PARKS AND RECREATION BOARD POSSIBLE APPROVAL TO APPOINT BETHANY RUSSELL TO THE ABERDEEN PARKS AND RECREATION BOARD FOR A THREE-YEAR TERM ENDING JUNE 30, 2022 F. REAPPOINTMENT OF CARL PERRY TO THE ABERDEEN AIRPORT BOARD FOR A SECOND FIVE-YEAR TERM POSSIBLE APPROVAL TO REAPPOINT CARL PERRY TO THE ABERDEEN AIRPORT BOARD FOR A SECOND FIVE-YEAR TERM ENDING JUNE 30, 2024 Page 1 of 55 13/06/2019 G. BILLS: APPROVAL OF BILL LIST FOR JUNE 17, 2019 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 55 13/06/2019 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 Page 3 of 55 13/06/2019 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 Page 4 of 55 13/06/2019 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 Page 5 of 55 13/06/2019 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 & Page 6 of 55 13/06/2019 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 Page 7 of 55 13/06/2019 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; Page 8 of 55 13/06/2019 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. Page 9 of 55 13/06/2019 Page 10 of 55 13/06/2019 Page 11 of 55 13/06/2019 Page 12 of 55 13/06/2019 Page 13 of 55 13/06/2019 Page 14 of 55 13/06/2019 Page 15 of 55 13/06/2019 Page 16 of 55 13/06/2019 Page 17 of 55 13/06/2019 City of Aberdeen Request for Council Action Agenda Item Meeting Date: June 17, 2019 Agenda Section 5A New Business Originating Dept: Planning & Zoning Ord. / Res. Ord. No. 19-05-04 Prepared by: City Attorney No. of 5 Presented by: City Attorney/ Attachments Planning & Zoning Director Item: Possible first reading of an ordinance repealing the extraterritorial zoning jurisdiction of the City of Aberdeen. City Manager’s Proposed Action: Motion by __________ second by __________ to approve first reading of Ordinance No. 19-05- 04 repealing the extraterritorial zoning jurisdiction of the City of Aberdeen and amending the Aberdeen City Code. Overview: The Joint City-County Planning Commissions, at their regular meeting of May 21, 2019, reviewed a proposed ordinance repealing the City’s extraterritorial zoning jurisdiction encompassing the 3-mile area outside of the Aberdeen city limits. The ordinance would dissolve the joint jurisdiction exercised with Brown County thus leaving Brown County with sole authority over zoning matters outside the Aberdeen city limits. The planning commissions unanimously recommended approval of the proposed ordinance. The proposed ordinance reviewed by the planning commissions contained a copy error at Sec. 60-3 which has been corrected in the version under consideration by the Council for possible first reading. Staff recommends approval of proposed Ordinance No. 19-05-04 as consistent with the principles, policies, and objectives of the land use plan of the city. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 19-05-04; 2. Staff Report dated 5-21-19; 3. Unapproved minutes of Joint City-County Planning Commission meeting of 5-21-19; 4. City Jurisdictional map; 5. City Attorney explanation regarding City-County zoning in the Joint Jurisdiction Area Page 18 of 55 13/06/2019 Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-05-04 AN ORDINANCE AMENDING THE ABERDEEN CITY CODE AND REPEALING EXTRATERRITORIAL ZONING JURISDICTION WHEREAS, the City Council of the City of Aberdeen is charged with providing for the health, safety, and property of its citizens, and does so through the subdivision ordinances adopted at Chapter 48 of the Aberdeen City Code and the comprehensive zoning ordinances adopted at Chapter 60 of the Aberdeen City Code; and WHEREAS, Sec. 48-217 and Sec. 60-286 provide that no amendment, supplement, or change to Chapter 48 – Subdivisions or Chapter 60 - Zoning shall become effective unless it shall have been proposed by, or shall first have been submitted to, the planning and zoning commission for review and recommendation. WHEREAS, the Planning and Zoning Department recommends amendment of relevant sections of Chapter 48 and Chapter 60 to repeal the extraterritorial zoning jurisdiction of the City and dissolve the joint jurisdictional area exercised with Brown County, as provided by SDCL Ch. 11-6; and WHEREAS, pursuant to Aberdeen City Code, Sec. 48-172 and Sec. 60-286, the City of Aberdeen and Brown County planning commissions held a joint public hearing on May 21, 2019, upon notice properly given, to study and report on the proposed amendments to the subdivision and zoning ordinances, and the City of Aberdeen planning commission thereafter did approve and recommend adoption of the amendments by the City Council, and the Brown County planning commission thereafter did/did not approve and recommend adoption of the amendments by the City Council; and WHEREAS, the City Council has determined that the following amendments will benefit 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: Page 19 of 55 13/06/2019 1. Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, Article I shall be amended as follows: Sec. 46-2. - Grades. The guidelines of all streets within the city and the three-mile jurisdiction shall be designed by a registered professional engineer and shall be approved by the public works director/city engineer prior to construction of such streets. Sec. 46-3. - Curblines. The curblines in the city and three-mile jurisdiction shall be designed by a registered professional engineer and shall be approved by the public works director/city engineer prior to construction of such curblines. 2. Chapter 48 – SUBDIVISIONS, Article I shall be amended as follows: Sec. 48-3. - Jurisdiction. The provisions of these regulations shall apply to all land located within the legal boundaries of the city, as the same may be amended by subsequent annexation; and shall also include all land lying within three miles of the corporate limits of the city, and not located in any other municipality. 3. Chapter 60 – ZONING, Article I shall be amended as follows: Sec. 60-1. - Definitions. … Official Zoning Map of Aberdeen, Aberdeen Zoning Map, zoning map or map means the official zoning map of the city and the area comprising its three-mile extraterritorial zoning jurisdiction. … Zoning jurisdiction means the corporate limits of the city and an area within three miles of the city and the county as the city zoning jurisdiction. 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 20191979 Official Zoning Map of the City of Aberdeen, South Dakota," and amendments thereto as the same may be amended by subsequent annexation. Said map and amendments thereto and all explanatory matter thereof accompanies and is hereby made a part of this chapter. Said map shall be on file in the office of the register of deeds of the county and a certified copy thereof shall be furnished to the city finance officer. Sec. 60-4. - Representation on commissions. Page 20 of 55 13/06/2019 (a) Whenever the city assumes zoning jurisdiction in any area outside the corporate limits, the county zoning commission shall sit with the city planning and zoning commission on all matters pertaining to the planning and regulation of such area and no zoning powers shall be effective in such area until each of the city councils makes a recommendation to the city council and the county commissioners. Each planning commission shall make such recommendation to the city councilmembers and the county commissioners within 90 days of a request by the city planning commission that the county planning commission sit with them for purposes of zoning in the area outside the corporate limits of the municipality. (b) Following notice and public hearing as required by law, the county commissioners and the city councilmembers shall sit jointly and take action upon the recommendations from the two planning commissions. Unless otherwise provided by law, no zoning powers shall be exercised by the city within the three-mile area outside the corporate limits as herein defined unless the board of county commissioners, by majority vote of its full membership, relinquishes zoning jurisdiction in such area to the city, or unless the city councilmembers and the board of county commissioners by majority vote of the full membership of each approve a substantially identical zoning ordinance for zoning of such area. (c) On all matters pertaining to planning and regulation of any area outside the limits of the city as set forth in article IX of this chapter, pertaining to the city board of zoning adjustment and the county board of adjustment shall each take action for all such matters that occur within the area of joint control. 4. Chapter 60 – ZONING, Article III shall be amended as follows: Sec. 60-53. - R-1 low density residential district. … (d) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. Sec. 60-54. - R-2 medium density residential district. … (d) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. Sec. 60-55. - R-3 high density residential district. … (d) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. Sec. 60-56. - C-1 neighborhood commercial district. … (g) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. Sec. 60-57. - C-2 highway commercial district. … Page 21 of 55 13/06/2019 (d) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. Sec. 60-58. - C-3 central business district. … (d) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. Sec. 60-60. - I-2 unrestricted industrial district. … (d) Signs. All signs must follow article XII of this chapter. This subsection is operative only as to the city zoning jurisdiction within the territory beyond the corporate limits for a distance of three miles in all directions. 5. Chapter 60 – ZONING, Article VII shall be amended as follows: Sec. 60-196. - School safe zone. … (e) Signs. (1) Signs within the city limits shall comply with the provisions of section 60-340(f), the C-1 neighborhood commercial district. (2) No sign located outside the city limits and within the city's three-mile jurisdiction intended to be read from off the premises, shall be permitted except: a. No intermittent flashing-type signs are allowed. b. One temporary, on-site sign, nonilluminated, no greater than 12 square feet in area and advertising the lease rent or sale of property. c. Signs incorporated as a part of the building facade, or signs attached to buildings in a manner deemed adequate for the protection of public health and safety. d. Signs for individual establishments shall not exceed 12 square feet in size, except that one sign may be erected to advertise the presence of the district which shall not exceed a size of 32 square feet. e. All spaces between buildings, parking, loading, access, and service areas shall be adequately illuminated at night. All lighting, including sign lighting, shall be arranged so as to protect the streets and adjoining property from direct flare or hazardous interference of any kind. f. Off premises signs, not to exceed 12 square feet in size. Page 22 of 55 13/06/2019 … Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: Mike Levsen, Mayor ATTEST: Karl Alberts, Finance Officer Page 23 of 55 13/06/2019 Page 24 of 55 13/06/2019 Page 25 of 55 13/06/2019 Page 26 of 55 13/06/2019 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 27 of 55 13/06/2019 ! 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 28 of 55 13/06/2019 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 29 of 55 13/06/2019 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 30 of 55 13/06/2019 2018 Accomplishments Planning and Zoning Building lnspection Code Enforcement Health Planning and Zoning a Completion and Adoption of the Comprehensive Plan (Growth Plan) o Completion and Adoption of the 20L8 Housing Study Update a 53 Plats (42 within City limits and 11 within the 3 mile jurisdictional limit). a 18 Petitions to Rezone (11 within City limits and 7 within the 3 mile jurisdictional limit) a 4 Petitions to Vacate Public Right-of-Way (75,674 square feet or L.737 acres vacated) o 8 Special Requests to the Planning Commission for Various Construction Projects in the Neighborhood Commercial District, lndustrial Park District and the Aberdeen Commercial Historic District. a 2 Tax lncrement Finance Distr¡ct Submitted and Approved (TlF 28 and 29). (87 -TOTAL PLANNTNG COMMTSSTON |TEMS.) a 1.95 Variance Requests. 42 Special Exception Requests (including Daycare operations) a 61 Appeal Requests (298 - TOTAL BOARD OF ZONTNG ADJUSTMENT |TEMS.) o 6 Annexations (258.59 acres). a L81 Sign Permits (Thru Nov. 3Oth). a Continuous updating of the interactive map portal page on the City web site a Updated Building Permit Database with data from Board of Zoning Adjustment meetings. Page 31 of 55 13/06/2019 BUILDING PERMITS 2014 2015 2016 2017 2018 2019 MONTH PERMITS TOTAL VALUATION MONTH PERMITS TOTALVALUATION MONTH PERMITS fOfAL VALUATION MONTH PERMITS TOTALVALUAÎION MONTH PERMITS TOTAL VALUAIION MONTTI PERMITS TOTAL VALUATION JANUARY 37 $232,925.00 JANUARY 45 S3,267,8f1.7E JANUARY 45 $334,741.00 JANUARY 40 $295,646.29 JANUARY $4,094,207.60 JANUARY 31 $1,406,970.30 FÊBRUARY 36 $1,560,086.37 FEBRUARY 52 52,494,416.A2 FEBRUARY $2,945,410.55 FEBRUARY 58 $411,787.52 FEBRUARY 31 $374224.72 FEBRUARY 26 $534,778.00 MARCH 72 $557,863.85 MARCH 127 $2,27,837.5? MARCH 156 s11.443,770.O7 MARCH 97 $t,966,589.95 MARCH $1,375,779.55 MARCH APRIL 167 $5,566,221.24 APRIL 230 APRIL 170 $6,600,167.76 APR¡L 205 $5.643,3,16.82 APRIL 142 $3,206,567.79 APRIL MAY 250 $3,014,433.99 MAY 200 $10,914,567.62 ',3,904,272.37 MAY 192 $1,622,441.00 MAY 244 $2,983,19õ.E3 MAY 202 $12,a52,62a.42 MAY JUNE 258 $2,1 14,362.94 JUNE 21a $1,978,366.41 JUNE 215 $9,470,01ô.57 JUNE 217 $4,458,839.82 JUNE $79,610,595.77 JUNE JULY 255 93,917,387.86 JULY 195 51,736¿72.04 JULY 160 $2,702,855.32 JULY $2,147,023.23 JULY 159 $1,611,533.48 JULY AUGUST 21O $5,533,538.90 AUGUST 197 $4,513,780.29 AUGUST 2D2 s3.576,747.00 AUGUST 204 $5,230,251.41 AUGUST '156 ¡5,102,195.93 AUGUST SEPTEMBER 214 s12.OO9.462.21 SEPTEMBER 173 $8.858.035.97 SEPTEMBER 177 $1,499,998.54 SEPTEMBER 142 $8,073.808.63 SEPTEMBER 140 $2.50ô,'136.23 SEPTEMBER OCTOBER 175 91.423,435.92 OCTOBER 160 $4.398,220.94 OCTOBER $2.130,020.58 OCTOBER 146 $1,135,020.41 OCTOBER 125 s2,559,867.68 OCTOBER NOVEMBER 65 $1'l,5'l 8,384.44 NOVEMBER 97 $951,005.30 NOVEMBER 92 $694,985.25 NOVEMBER 86 s'1,571,803.80 NOVEMBER 59 95,247,666.61 NOVEMBÊR DECEMBÊR Æ $207,474.29 DECEMBÊR 45 $1.296,172.38 DÊCEMBER 50 $1,598.285.88 DECEMBER 54 $490,313.66 DECEMBER 44 $636,622.37 DECEMBER TOfAL 1785 $47,655.577.01 TOTAL 1739 546.540.759.49 TOTAL 1672 S44.6't9.439.52 TOÏAL 1650 $34,407,62A37 TOTAL J345 $1 19,178,046.15 TOTAL 57 $1.94f.748.30 |I å SINGLE 2014 MULTI I I SINGLE 20f6 MULTI I 2018 I I SINGLE MULTI ItrilO¡¡rX NO. FAMILY NO. FAMILY Il¡o¡¡r¡t NO. FAMILY NO. FAMILY ItttowTx NO. FAMILY NO. FAMILY l.l¡ruu¡nY 0 $0-00 0 s0.00 l¡aruuenv 0 $0.00 $0.00 l¡¡ruurnv lrEenu¡pY ,| 0 $0.00 $0.00 !¡eanu¡nY 1 s61.655.32 0 $0.00 84A,202.07 $0.00 lpeenuanv 1 $155,271.64 $0.00 !r¡nncx 4 $2E2,794.85 0 $0.00 !m¡ncx 21 $835,990.67 $0.00 !u¡ncx 0 $0.00 $0.00 !¡pnu $420,921.1 I 0 s0.00 !rpnu 7 3429.463.52 $3,700,000.00 (40 unit senior hous¡ng cenleô 19 $1,032,412.O1 t950,000.00 (2- I unit apartments) urv 0 $0.00 mrv I laenrr- I $339,618.81 ! $809.955.14 $0.fl) 7 $642.581.6'f $0.00 4 0 $o.00 ¡MAY l.rur.re $350.686.62 l.rurue $376.593.58 $o.00 I $98.995.42 $0.00 ¡JUNE IJULY 7 $470.060.46 $0.00 IJULY 1 s1 t8.140.00 $0.00 8 t542,682.60 s0.00 IJULY IAUGUST 12 $732.113.68 I $3,500,000.00 (57 unÌt api complex) lauGusl 17 $858,396.93 s0.00 IAUGUST $451.605.78 $0.00 ISEPTEMBER 3 $212,955.83 ,| S1,000,000.00 (16 unit tMhome poiect) ISEPTEMBER I $543,410.99 $o.oo ISEPTEMBER 3 $200.357.63 $0.00 IOCTOBER $252.233.65 0 $0.00 IOCTOBER 14 $838,180.93 $0.00 locl0BER 2 t198,575.08 s0.00 INovEMBER 0 s0.00 0 30.00 lNovÉMBER '| $49,357.71 $0.00 lNovEMBÊR 5 $0.00 $453.354.92 loecEMeen 0 $0.00 0 $0.00 lDecemaen 0 $0.00 $0.00 loece¡lgen 0 I $0.00 s0.00 I I I I l_tgt3.___ 5l S3,123,0¡10.33 2 $,t,500,000.00 !:gto'- 83 !1¡0190903 lroJAt--- s2 _t9!9¿0999 I I 2015 2017 I I t* SINGLE MULII SINGLE MULfI SINGLE 2019 MULfI !^ro"rx No. FAMILY NO. FAMILY NO. FAMIL NO. FAMILY MONTH NO. FAMILY NO. FAMILY l.raruuaav $115,891.26 0 $0.00 0 $0.00 0 $0.00 o t0.00 0 $0.00 IFEBRUARY s0.00 0 $0.00 0 $0.00 0 30.00 FËBRUARY 0 $0.00 0 $0.00 IMARCH $,l73,401.93 0 $0.00 9 $687,378.96 0 s0.00 IMARCH IAPRIL $898.128.94 1 $1,700,000.00 (2!unit-3storyapt) IAPRIL 8 t547,744.22 0 30.00 IAPRIL IMAY $580.700.68 1 $5,250,000.00 C/0 un¡t apt) IMAY 18 31,318,421.29 0 $0.00 MAY IJUNE $602,581.77 0 $0.00 IJUNE 12 $789.141.62 0 s0.00 IJULY $492,654.34 0 $0.00 l¡u¡-v I s340.298.88 0 s0.00 lauousr t636,014.27 0 $0.00 lnucusr 7 $638,415.22 0 $0.00 lsepreugen $511.3'17.08 0 $0.00 !sepreuaen 9 $704,838.41 I $4,600,000.00 (¡2 unit apartment & gaEqes) !ocroeen ¡259.176.15 0 $0.00 !ocroaen s233,032.00 0 $0.00 !ruoveì,raen $293,025.50 0 $0.00 !Noveuern 7 $326,359.68 0 $0.00 loecemaen s57,526.61 0 $0.00 loecemeen 0 $0.00 0 $0.00 I I l¡et¿'-- sl,g2g118J¡1___ 2 J 0 -J ---9090----J------ Compild by: Paula Nelson Maroh 21, 2019 Page 32 of 55 13/06/2019 Building Permits: 46 Zoning Permits: 46 Total: 92 Building Fees: S9,96¿.zs Zoning Fees: S2,210.oo Total: SL2,Lt4.7s Building Fees Zoning Fees So.oo Sroo.oo Sgo.zs Sloo.oo 5662.7s s40.00 57L.4s s100.00 s94s.36 Sgo.oo S313.so s40.00 S+g.so s100.00 S148.s3 Sloo.oo 523L.2s s30.00 s43.s0 S¿o.oo s48.40 Sgo.oo Srgz.ss 5100.00 Sgzt.zs Sloo.oo 57t.45 s100.00 Szz.ro s30.00 S1,723.00 Sgo.oo 567.69 s40.00 Sga.zr S¿o.oo s66.7s S¡o.oo 5248.62 s30.00 5gg.os s30.00 Ss¿.ro 5go.oo 5og.sz Sro.oo Ss2.13 S3o.oo Sts4.2s 51oo.oo Szr.oo Sro.oo s384.00 Sgo.oo S1,402.oo s100.00 Sro+.r+ S3o.oo Page 33 of 55 13/06/2019 s76.1s Sgo.oo s131.97 s30.00 S63.e3 s40.00 s117.13 S3o.oo s116.s7 Sro.oo Szg.gg S3o.oo Saa.gs Sro.oo s22.30 S40.oo Sgo.zs s100.00 sls6.0s 540.oo See.6s S+o.oo 578s.10 S40.oo s2s.00 Sso.oo 574.46 s30.00 5t37.2s Sgo.oo s118.01 s40.00 527.60 s40.00 Page 34 of 55 13/06/2019 4-I8-20I9 08:33 AM CITY OF ABERDEEN PAGE: 1 REVENUE REPORT (UNAUDITEÐ) AS OF: 2018 YE ].01-GENERÃL ORIGINAI NET RECETPTS RECEIPTS UNCOLLECTED REVENUES BUDGEl BUDGET PERIOD TO DATE YEAR TO DATE BA],ANCE PERCENT LICENSES E PERMITS PERMITS TOI-32200 SITE DEVETOPMENT PERMITS 2,000 2t000 0.00 L, 625 .00 375.00 8L.25 1,07-322L0 PLUMB]NG PERMITS 7,000 7, 000 0.00 5,140.00 1, 860.00 '73.43 1.01.-32230 BUILDING PERMITS 275,000 275,000 0.00 508, 633 . ?3 ( 233, 633 .73) 184.96 101.-32240 SIGN PERMITS 4,000 4, 000 0.00 3,520.00 480.00 88.00 T01.-32250 OVERWEIGHT PERMIT 3,000 3. 000 0-00 ?_800 00 Ê00 - 04) ) L26-67 ÎOTAI PERMITS 291. 000 29I.000 0.00 52? .'71P'.71 ?41 .'118.'1? ) 17q.63 TOTAL LTCENSES & PERMITS 29r,000 29L,000 0.00 522,'7L8.'13 ( 23L,7L8.'t31 179.63 TOTAL REVENUES 29t,000 291-,000 0.00 522,'tL8.73 ( 231,718.?3) 179.63 *** END OF REPORT *** Page 35 of 55 13/06/2019 2OI8 Planning Commission Report Plat Rezone Vacate Square ft. Acres Annex Acres Spec. Req. TIF January Joint 0 0 0 0 0.000 N/A N/A 0 0 January City 0 0 0 0 0.000 1 135.75 0 0 February Joint 0 0 0 0 0.000 N/A N/A 0 0 February City t 0 0 0 0.000 0 0.00 1 0 March Joint 2 t 0 0 0.000 N/A N/A 0 0 March City 7 0 0 0 0.000 0 0.00 5 0 AprilJoint L T 0 0 0.000 N/A N/A 0 0 AprilCity 3 L 0 0 0.000 0 0.00 0 0 May Joint 0 0 0 0 0.000 N/A N/A 0 0 May City 6 3 L 4,800 0.110 T 57.28 0 T June Joint 3 2 0 0 0.000 N/A N/A 0 0 June City L 3 0 0 0.000 0 0.00 t t July Joint L 2 0 0 0.000 N/A N/A 0 0 July City 4 1 o 0 0.000 2 60.48 0 0 August Joint 2 0 0 0 0.000 N/A N/A 0 0 August City 5 0 1 34,650 0.795 0 0.00 0 0 September Joint 0 0 0 0 0.000 N/A N/A 0 0 September City 3 0 0 0 0.000 o 0.00 0 0 October Joint 1 1 0 o 0.000 N/A N/A 0 0 October City 4 2 0 0 0.000 1 3.28 L 1, November Joint 7 0 0 0 0.000 N/A N/A 0 0 November City 4 0 7 34,304 o.787 0 0.00 0 0 December Joint 0 0 0 o 0.000 N/A N/A 0 0 December Citv 4 1 7 t,920 o.o44 t 1.80 0 0 Joint Total 11 7 0 0 0.000 N/A N/A 0 0 City Total 42 L1, 4 75,674 L.737 6 258.s9 8 3 Combined Total 53 18 4 75,674 L.737 6 2s8.59 8 3 Page 36 of 55 13/06/2019 Zoning Board Requests in Extraterritorial Jurisdiction 2018 20L7 20t6 20ts 201.4 20t3 20L2 20tt 2010 2009 Dec.2011101010 Nov.L0LL3Lt10L Oct.0263041540 Sept.43t232OZ3t Aug.z 2 2 3 0 2 2 1 3 2 JulyL220I22t42 June6 7 4 3 1 3 7 8 3 3 Mays 1 4 4 4 L L 2 2 z April 3 0 7 0 4 L 2 1 0 2 March6 2 4 1 0 0 4 3 2 z Feb.O4L2220022 Jan.z00t20ZO10 TOTAT 32 23 33 2t 2t 18 23 24 25 L7 Total zoning board applications within the extraterritorial jurisdiction for last 10 years is 237. Page 37 of 55 13/06/2019 City of Aberdeen Request for Council Action Agenda Item Meeting Date: June 17, 2019 5B Agenda Section New Business Originating Dept: City Attorney Ord. / Res. Res. No. 19-06-04R Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Possible approval of a joint resolution with the County approving actions and decisions of the planning departments during the transition period to repeal extraterritorial zoning jurisdiction of the City of Aberdeen. City Manager’s Proposed Action: Motion by __________ second by __________ to approve Resolution 19-06-04R (Brown County Resolution #R22-19) jointly authorizing and ratifying with Brown County all actions and decisions of the planning departments, commissions, and zoning boards during the transition period to repeal the extraterritorial zoning jurisdiction of the City of Aberdeen. Overview: The proposed joint resolution will permit the planning departments for the City and County to issue permits and continue business as usual with the public during the transition period from joint zoning authority to sole zoning authority by the County. To the extent that any action or decision is made by a county or city department, commission, or board during the transition period and a question arises as to whether such department, commission, or board had authority to so act, approval of the joint resolution will operate to authorize and/or ratify such action. The purpose of the joint resolution is to avoid inconvenience and uncertainty for the public during the transition period. The County Commission will consider the joint resolution at its regular meeting on June 18, 2019. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Resolution No. 19-06-04R Page 38 of 55 13/06/2019 RESOLUTION #R22-19 / RESOLUTON NO. 19-06-04R JOINT RESOLUTION AUTHORIZING AND RATIFYING ACTIONS OF PLANNING DEPARTMENTS, COMMISSIONS AND ZONING BOARDS DURING TRANSITION TO REPEAL CITY OF ABERDEEN EXTRATERRITORIAL ZONING JURISDICTION WHEREAS, Brown County and the City of Aberdeen provide for the health, safety, and property of their residents and citizens through the comprehensive zoning ordinances adopted by their respective governing bodies; and WHEREAS, the City of Aberdeen desires to repeal its extraterritorial zoning jurisdiction; and WHEREAS, persons seeking to comply with the zoning regulations within three miles of the City’s corporate limits during the repeal transition period should not be put to additional inconvenience, cost, or uncertainty by the respective planning departments or by the procedures to appeal matters or request hearings before the respective planning commissions and boards of zoning authority; and WHEREAS, the public is best served if actions and decisions of the County and City planning departments, planning commissions, and boards of zoning authority that continue to serve the principles, policies, and objectives of the zoning regulations of the County and City during the transition for such repeal are formally authorized or, if already taken, ratified as the approved action or decision of the authority having jurisdiction over such matter. NOW, THEREFORE, BE IT HEREBY RESOLVED that the actions and decisions of the County and City planning departments, planning commissions, and boards of zoning authority that continue to serve the principles, policies, and objectives of the zoning regulations of the County and City during the period of time necessary to effectively repeal the extraterritorial zoning jurisdiction of the City of Aberdeen are hereby authorized or, if already taken, ratified as the approved action or decision of the authority having jurisdiction over such matter. The foregoing Resolution #R22-19 was adopted at a regular meeting of the Brown County Board of Commissioners on the 18th day of June, 2019. Commissioner Feickert Commissioner Sutton Commissioner Wiese Commissioner Kippley Commissioner Fjeldheim Page 39 of 55 13/06/2019 Doug Fjeldheim, Chairman ATTEST: Cathy McNickle, Auditor The foregoing Resolution No. 19-06-04R was adopted at a regular meeting of the Aberdeen City Council on the 17th day of June, 2019. Number of AYES: Number of NAYS: Mike Levsen, Mayor ATTEST: Karl Alberts, Finance Officer Page 40 of 55 13/06/2019 5C Page 41 of 55 13/06/2019 Page 42 of 55 13/06/2019 Page 43 of 55 13/06/2019 Page 44 of 55 13/06/2019 Page 45 of 55 13/06/2019 Page 46 of 55 13/06/2019 5D Page 47 of 55 13/06/2019 Page 48 of 55 13/06/2019 Page 49 of 55 13/06/2019 Page 50 of 55 13/06/2019 Page 51 of 55 13/06/2019 Page 52 of 55 13/06/2019 5E Page 53 of 55 13/06/2019 5F Page 54 of 55 13/06/2019 5G Page 55 of 55 13/06/2019

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