Aberdeen City Council
Regular MeetingAberdeen, SD · June 17, 2019
Minutes
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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
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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
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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
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& 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
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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
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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.
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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
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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
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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
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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 &
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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
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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.
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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
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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:
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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.
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(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.
…
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(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.
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…
Passed First Reading:
Passed Second Reading:
Final Adoption:
Published:
Effective Date:
Mike Levsen, Mayor
ATTEST:
Karl Alberts, Finance Officer
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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….
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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
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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.
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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
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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
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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
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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 ***
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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
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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.
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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
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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
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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
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5C
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5D
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5E
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5F
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5G
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