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Aberdeen City Council

Regular Meeting

Aberdeen, SD · July 15, 2019

AgendaMinutes

Minutes

17450 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, July 15, 2019 at 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Mike Schaunaman presiding. Present at roll call were City Council Members Mark Remily, Rob Ronayne, Dave Lunzman, Josh Rife, Alan Johnson, David Bunsness, Dennis “Mike” Olson by teleconference call, and Clint Rux. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, and Dave McNeil. Mayor Schaunaman led the Pledge of Allegiance. MINUTES Motion by Rux, second by Bunsness to approve the minutes of the City Council Meeting of July 8, 2019, as circulated. Upon roll call, all voting aye, motion carried. OPEN FORUM Dr. Jason Grebner asked the Council to consider an address change for his new Family Dental Care Office from a Kline Street address to a Sixth Avenue address. OLD BUSINESS LIAISON POSITION TO VARIOUS BOARDS AND COMMISSIONS City Council resumed consideration of the assignment of liaison position to various City boards and the designated representative for other boards and commissions that was tabled for one week at the July 8th City Council Meeting. Motion by Bunsness, second by Rux to approve the assignment of liaison positions and other boards and commissions as follows: Bunsness and Mayor Schaunaman to the 911 Communication Center; Johnson to the Airport Board; Bunsness to the BID #1 Board; Remily to the BID #2 Board; Olson to the CVB; Rux to the Library Board; Mayor Schaunaman or City Manager Lynn Lander to NECOG; Lunzman to the Parking Board, and Rife to the Parks, Recreation & Forestry Board. Upon roll call, all voting aye, motion carried. CONSENT CALENDAR Motion by Remily, second by Ronayne to approve the following items on the consent calendar: REQUEST TO SERVE AND PERMIT – the consumption of alcoholic beverages at the Wylie Park Pavilion on September 28, 2019 for a Bierne/Sayler Wedding. REQUEST FOR STREET USE – on 22nd Avenue, NE between North Dakota Street and North State Street on July 27, 2019 for a Neighborhood Block Party. Upon roll call, all voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 19-07-03 City Attorney Ron Wager presented Ordinance No. 19-07-03 prohibiting parking on a street within 5 Feet of a Driveway. Motion by Ronayne, second by Rux to approve first reading of Ordinance No. 19-07-03 as presented. Discussion followed. Upon roll call, Remily, 17451 Ronayne, Lunzman, Rife, Bunsness, and Rux voting aye, Johnson, Olson, and Mayor Schaunaman voting nay, 6 ayes, 3 nays, motion carried. ORDINANCE NO. 19-07-05 City Attorney Ron Wager presented Ordinance No. 19-07-05 regarding snow removal activities and operations. Discussion followed. Motion by Ronayne, second by Bunsness to approve first reading of Ordinance No. 19-07-05 as presented. Upon roll call, all voting aye, motion carried. RESOLUTION NO. 19-07-01R City Planning/Zoning Director Brett Bill explained a petition by Dacotah Banks, Inc, Chow Main Properties II, Inc., McQuillen Creative Group, Inc., EPEH, LLC, and Act2, Inc. requesting the vacation of a public right-of-way for the entire 16’ wide public alley right-of-way located within Block 27, First Addition to Aberdeen, commencing at the south side of Fourth Avenue, SE public right-of-way and continuing south 300’ to Fifth Avenue, SE public right-of- way (403, 413, 419, and 423 South Main Street, 12 – 4th Avenue, SE, and 408, 410, and 420 South Lincoln Street). Brett Bill stated that the Planning Commission recommended approval of the vacation of right-of-way with stipulations that the petitioners must replat their adjacent properties to include this vacated alley right-of-way, a utility easement must be established for any utilities currently located within the alley right-of-way, and an access easement must be established for adjacent property owners, tenants, and customers. Motion by Ronayne, second by Johnson to approve Resolution No. 19-07-01R to vacate the public alley right-of-way as requested. Upon roll call, all voting aye, motion carried. APPOINTMENT OF CITY’S REPRESENTATIVE TO RAILROAD AUTHORITY Motion by Rife, second by Remily to approve Resolution No. 19-07-04R as follows: RESOLUTION NO. 19-07-04R RESOLUTION APPOINTING REPRESENTATIVE TO THE ABERDEEN-BROWN COUNTY REGIONAL RAILROAD AUTHORITY WHEREAS, the Aberdeen-Brown County Regional Railroad Authority (ABCRRA) was established in 1991, pursuant to SDCL Ch, 49-17A, and membership currently includes the City of Aberdeen, Brown County, Edmunds County, Spink County, and Beadle County; and WHEREAS, it is necessary for the City of Aberdeen, South Dakota, to nominate and appoint every three years a representative as its Commissioner to ABCRRA and the term of the last representative, Mike Levsen, lapsed upon the expiration of his term on July 1, 2019. NOW, THEREFORE, BE IT HEREBY RESOLVED that Councilmember Rob Ronayne is hereby appointed by the City Council of the City of Aberdeen as its representative and Commissioner to the ABCRRA, and Councilmember David Bunsness is appointed as alternate, until such time as new appointments are made or for a term of three years, whichever period is less. Upon roll call, all voting aye with Bunsness and Ronayne abstaining, motion carried. 17452 Number of AYES: 7; Number of NAYS: 0. APPOINTMENT TO BOARD OF ETHICS Motion by Bunsness, second by Lunzman to appoint Heidi Fiedler to the Board of Ethics for a 4-year term expiring on July 1, 2023 as provided by Aberdeen City Code, Sec. 2- 383. Upon roll call, all voting aye, motion carried. BIDS FOR AIRPORT TAXIWAY IMPROVEMENTS City Manager Lynn Lander asked the Council to reject the bids received on June 27, 2019 for the Airport #3-46-0001-040-2019 Taxiway Improvements Project because bids were over the cost budgeted for this project. Lander stated that the FAA recommended the modification of the bid specifications for this Airport Project and then rebid the project. Motion by Bunsness, second by Rux to reject all bids received for the Airport Taxiway Improvement Project and rebid the project by setting a bid opening date for 11:00 a.m. on July 31, 2019. Upon roll call, all voting aye, motion carried. BIDS FOR TRENCH ROLLER FOR UTILITY-WATER DEPT. City Engineer Robin Bobzien presented the bids received on July 9, 2019 for one 2019 Trench Roller for the Utility-Water Department and recommended the purchase of two Trench Rollers from Stan Houston Equipment Co. in the amount of $32,449.50 each. Motion by Bunsness, second by Ronayne to award the bid to Stan Houston Equipment Co. for two Trench Rollers in the total amount of $64,899.00. Upon roll call, all voting aye, motion carried. PAYMENT FOR ST. MAINTENANCE CONCRETE REPAIR WORK City Engineer Robin Bobzien asked the Council to approve Payment Request #4 in the amount of $50,989.50 to CWF Masonry & Construction for work on the Street Maintenance Concrete Repair Project. Motion by Johnson, second by Bunsness to approve Payment Request #4 in the amount of $50,989.50 to CWF Masonry & Construction. Upon roll call, all voting aye, motion carried. BILLS Motion by Rux, second by Remily to approve payment of the bills listed for July 15, 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 832.91; APO, LLC 9,734.81; NVC 430.04; Jay Gellhaus 316.00; Nationwide Employee Benefits 161.82; CenturyLink 4,097.60; Brick Markers USA 264.00; Sanford Health Occupational Medicine 120.00; HAZTECH Systems Inc. 1,048.00; Borns Group 4,475.97; Environmental System Research 3,000.00; ETS Corp. 450.00; Morrison Construction 3,901.82; Frederickson Law Office 50.00; Western Area Power Administration 7,188.39; James Valley Coop Telephone Co. 98.55; Dependable Sanitation Inc. 121.00; American News 3,225.89; Aberdeen School Dist. 4,500.00; Praxair Distribution Inc. 49.68; Beadle Floral & Nursery 32,293.10; MARCO Technologies LLC 660.68; RDO Equipment Co. 3,954.14; Brown County 17453 Landfill 17,923.32; Dakota Doors Inc. 757.65; Hawkins Inc. 2,232.90; Dakota Electronics 10,516.00; Dakota Pump & Control 12,126.71; Quality Welding Inc. 88.54; Exhaust Pros 69.00; Cole Papers Inc. 153.53; Farm Power Mfg Inc. 48.03; Jensen Rock & Sand Inc. 83,576.92; Graham Tire Co. 29.96; HACH Co. 723.44; South Brown Conservation Dist. 27.00; Direct Automation LLC 870.27; Auto Value Part Stores/Hedahls 2,768.44; CASH-WA Distributing 7.00; Joel Weig 180.00; Nelson Sales & Service, LLC 366.41; H F Jacobs & Son 3,686.40; SD Redbook Fund 30.00; Kesslers Inc. 361.54; Lawson Products Inc. 766.39; Steven Lust Automotive 195.00; MACk’s Auto, Inc. 6,617.43; MAC’s Inc. 216.89; Ferguson Enterprises, Inc. 34.10; Michael Todd & Co. Inc. 3,715.61; Sanford Health Occupational Medicine Clinic 12,921.00; B & B Contracting 5,307.50; Clubhouse Hotel & Suites 905.00; Farnams Genuine Parts 90.45; Northern Electric 6,820.87; Pantorium 4.09; Parcel Erickson Texaco 350.00; Dakota Supply Group 16,892.20; Graymont Capital Inc. 34,831.72; Midstates Group 8,678.80; Cross Country Freight Solutions, Inc. 92.77; Safety Service Inc. 320.00; Avera St. Luke’s Hospital 710.65; Sanders Sew-N-Vac Inc. 523.99; Share Corp. 1,809.00; Sherwin- Williams Co. 1,061.58; Crawford Trucks & Equipment 637.00; Keith Sharisky 180.00; Stan Houston Equipment, Inc. 799.00; Brad Ziegler 43.00; J & K Mowing Service 416.67; Weismantel Rent All 525.00; Woodman Refrigeration Co. Inc. 459.69; Wright & Sudlow 18,043.80; Diesel Machinery Inc. 400.00; Duane Donat 75.00; Fastenal Company 120.44; Conference Technologies, Inc. 422.41; Totally Tubular Mfg. 40.62; Crystal Harper 213.00; Mattern Electric 1,336.48; North Wind Machine 2,856.00; Badger Meter, Inc. 780.00; Olson’s Pest Technicians 2,400.00; Harms Oil Company 21,167.58; Dependable Sanitation, Inc. 294.00; HARR Motors 207.00; Hauff Mid-America Sports 2,396.40; M & T Fire & Safety Inc. 960.50; USA Blue Book 6,140.85; Sleuth Software 1,558.00; Village Bowl 285.00; Energy Lab Inc. 48.00; SD Dept. Health Lab 721.00; Physio-Control Inc. 7,692.00; Titan Access Acct/Productivity Plus Acct 2,792.36; Hub City Radio 300.00; Executive Management 292.00; Climate Control 359.80; Stacy Vrchota 180.00; Traffic Control Corp. 780.00; SD Dept. of Revenue 34,229.10; Univar USA Inc. 36,168.26; Jarman’s Water Systems 120.00; MTI Distributing 1,110.76; Kirk’s Auto 5,889.63; POET Ethanol Products 4,410.60; AFFINIS 2,815.29; McMaster-Carr Supply Co. 82.04; Carlsen Funeral Home 375.00; Dr. Steve Redmond 500.00; Midland Lease Division 250.91; Randy Meister 180.00; HP Inc. 27,612.00; Stretchs Well Service Inc. 6,572.73; Jon Droege 725.00; Michelle Bacon 213.00; AE2S 195.06; Fire Safety First 1,117.92; SD One Call 509.60; Lutheran Social Services 180.00; Federal Express Corp. 38.69; Cardinal Tracking Inc. 1,365.00; John Vogel 84.00; Menards 1,267.54; Bound Tree Medical LLC 2,062.54; Aqua Pure Inc. 325.00; Michael Roemmich 180.00; Convention Visitors Bureau 42,652.60; Dakota Fluid Power Inc. 211.55; McQuillen Creative Group Inc. 111.87; EZ-Liner 46.16; Redlinger Bros Plb. & Htg. 20,008.20; Borns Group 2,861.43; Impact Janitorial 2,430.25; AT & T Cell 442.49; Montam Charters & Tours 2,300.00; Stryker Sales Corp. 30,825.44; NCL of Wisconsin 591.45; Tyler Technologies 5,755.89; Ferguson 17454 Waterworks 3,902.98; Steven Westby 13.99; Matheson Tri-Gas Inc. 163.09; Pomp’s Tire Service, Inc. 6,078.04; Locators & Supplies Inc. 393.16; Konica Minolta Premier Finance 126.85; Sewer Equipment Co. 2,408.01; Galls Inc. 893.22; Jill Mohr 252.00; General Repair Service 3,925.05; Premier Specialty Vehicles, Inc. 147.18; Dakota Oil 5,046.03; Jordan McQuillen 134.40; Jordan Majeske 160.00; Advance Auto Parts 18.02; Hase Plumbing & Heating 3,523.83; Harves Sport Shop 5,081.14; Grand Forks Fire Equipment LLC 945.78; Intl Institute of Municipal Clerks 110.00; Chemrite 9,600.00; Best Western Ramkota 96.00; MVTL Lab Inc. 1,156.00; SD EMS Assoc. 1,500.00; Miller Mechanical Specialties, Inc. 5,962.68; Alex Anderson 540.00; CGMC 130.00; J R Huebner 180.00; 3D Specialties Inc. 726.97; 2nd Wind Exercise 989.00; TAPCO 8,328.28; Aberdeen Chrysler Center 157.35; John Henry Foster MN Inc. 3,040.00; Newman Traffic Signs 758.18; Hall Sand & Gravel, Inc. 1,156.15; Butler Machinery Co. 438.04; Sanitation Products Inc. 1,406.86; Geffdog Designs 4,733.16; Cooper Animal Clinic 97.50; Arrow International, Inc. 1,915.50; WEB Water Bottling Co. 59.00; Ameripride Services Inc. 855.77; Crescent Electric Supply 37.88; Midwest Pump & Tank 308.54; Coast to Coast Solutions 754.62; J Gross Equipment 488.27; A-1 Sanitation 640.92; G & R Controls Inc. 202.50; Tri-State Water, Inc. 23.50; 121 Benefits 292.00; Nicole Embury 197.00; Allied Climate Professionals 5,704.09; Aberdak Club 90.00; MAC Tools/D & D Distributing LLC 58.00; Premier Equipment, LLC 329.71; Office Depot 691.03; Andrea Schwan 155.56; Haar Plumbing & Heating, Inc. 1,186.00; Core & Main LP 7,774.07; Stephanie Sorensen, PHD 800.00; Jonathon Murdy 1,540.91; Runnings Supply Inc. 3,843.85; Interstate Battery 413.80; Fisher’s Cleaning Service 55.00; CDJ Electric, Plumbing & Heating 355.69; JH Construction LLC 8,744.82; Amazon Capital Services 510.83; Johnson Controls Fire Protection LP 1,365.00; Accessdata Group, Inc. 2,445.52; Gary’s Engine & Repair Inc. 83.38; Frontier Precision, Inc. 3,477.99. Upon roll call, all voting aye, motion carried. PAYROLL Motion by Bunsness, second by Lunzman to approve the additional payroll for the period from June 23, 2019 through July 6, 2019 and city share of social security, old age & survivor’s insurance: Wells Fargo 281.24; Street 170.62; Parks, Rec & Forestry 468.00; Water Treatment 406.25; Water Reclamation 235.63. Upon roll call, all voting aye, motion carried. ADJOURN There being no further business, motion by Bunsness, second by Johnson to adjourn the meeting. Upon roll call, all 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, JULY 15, 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 JULY 8, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA A. JASON GREBNER – PRESENTATION OF POTENTIAL ADDRESS CHANGE FOR A FUTURE COUNCIL ACTION. 4. OLD BUSINESS A. ASSIGNMENT OF LIAISON POSITION TO VARIOUS CITY BOARDS AND THE DESIGNATED REPRESENTATIVE FOR OTHER BOARDS AND COMMISSIONS POSSIBLE APPROVAL OF THE ASSIGNMENT OF LIAISON POSITIONS AND OTHER BOARDS AND COMMISSIONS AS LISTED 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. REQUEST TO SERVE AND PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE WYLIE PARK PAVILION ON SEPTEMBER 28, 2019 FOR A BIERNE/SAYLER WEDDING B. REQUEST FOR STREET USE ON 22ND AVENUE, NE BETWEEN NORTH DAKOTA STREET AND NORTH STATE STREET ON JULY 27, 2019 FOR A NEIGHBORHOOD BLOCK PARTY 6. NEW BUSINESS A. ORDINANCE NO. 19-07-03 PROHIBITING PARKING ON A STREET WITHIN 5 FEET OF A DRIVEWAY POSSIBLE FIRST READING OF ORDINANCE NO. 19-07-03 B. ORDINANCE NO. 19-07-05 REGARDING SNOW REMOVAL ACTIVITIES AND OPERATIONS. POSSIBLE FIRST READING OF ORDINANCE NO. 19-07-05 C. RESOLUTION NO. 19-07-01R TO VACATE PUBLIC RIGHT-OF-WAY FOR 16’ WIDE PUBLIC ALLEY RIGHT-OF-WAY WITHIN BLOCK 27, FIRST ADDITION COMMENCING AT THE SOUTH SIDE OF FOURTH AVENUE, SE PUBLIC RIGHT-OF-WAY AND CONTINUING SOUTH 300’ TO FIFTH AVENUE, SE PUBLIC RIGHT-OF-WAY (403, 413, 419, AND 423 SOUTH MAIN STREET, 12 – 4TH AVENUE, SE, AND 408, 410, AND 420 SOUTH LINCOLN STREET) POSSIBLE APPROVAL OF RESOLUTION NO. 19-07-01R TO VACATE PUBLIC RIGHT-OF-WAY WITH STIPULATIONS ON THE SUBMITTAL OF THE PLAT D. APPOINTMENT OF THE CITY’S REPRESENTATIVE AND COMMISSIONER TO THE ABERDEEN- BROWN COUNTY REGIONAL RAILROAD AUTHORITY (ABCRRA) POSSIBLE APPROVAL OF RESOLUTION NO. 19-07-04R E. APPOINTMENT OF HEIDI FIEDLER TO THE BOARD OF ETHICS POSSIBLE APPROVAL TO APPOINT HEIDI FIEDLER TO THE BOARD OF ETHICS FOR A 4- YEAR TERM BEGINNING JULY 1, 2019 AND EXPIRING JULY 1, 2023 AS PROVIDED BY ABERDEEN CITY CODE, SEC. 2-383. F. RECOMMENDATION ON BIDS FOR AIP #3-46-0001-040-2019 AIRPORT TAXIWAY IMPROVEMENTS POSSIBLE APPROVAL TO REJECT ALL BIDS RECEIVED AND RE-BID THE AIRPORT TAXI- WAY PROJECT SETTING BID OPENING DATE FOR 11:00 A.M. ON JULY 31, 2019 G. RECOMMENDATION ON BIDS FOR 2019 TRENCH ROLLER FOR UTILITY-WATER DEPARTMENT POSSIBLE APPROVAL TO AWARD THE BID FOR TWO TRENCH ROLLERS FROM STAN HOUSTON EQUIPMENT COMPANY IN THE AMOUNT OF $32,449.50 EACH Page 1 of 52 07/11/2019 H. PAYMT. #4 – ST. MAINTENANCE CONCRETE REPR. – CWF MASONRY & CONSTRUCTION $50,989.50 POSSIBLE APPROVAL OF PAYMENT #4 IN THE AMOUNT OF $50,989.50 TO CWF MASONRY & CONSTRUCTION FOR WORK ON THE ST. MAINTENANCE CONCRETE REPAIR PROJECT I. BILLS: APPROVAL OF BILL LIST FOR JULY 15, 2019 J. PAYROLL: APPROVAL OF ADDITIONAL PAYROLL IN THE AMOUNT OF $1,280.50 FOR TWO CITY EMPLOYEES FOR THE PERIOD FROM JUNE 23, 2019 THROUGH JULY 6, 2019 AND CITY SHARE OF SOCIAL SECURITY, OLD AGE & SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE 7. ADJOURN 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. Page 2 of 52 07/11/2019 17440 CITY COUNCIL PROCEEDINGS City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, July 8, 2019 at 5:30 p.m., regular meeting of the Board of City Council Members, Mayor Schaunaman presiding. Present at roll call were City Council Members Clint Rux, David Bunsness, Alan Johnson, Josh Rife, Rob Ronayne, and Mark Remily. City Council Members Dennis “Mike” Olson and Dave Lunzman were absent. City Staff present were Lynn Lander, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, Mark Miller, Lance Hammrich, Chris Gross, Stacy Vrchota, and Randy Meister. Mayor Schaunaman led the Pledge of Allegiance. MINUTES Motion by Johnson, second by Rux to approve the minutes of the City Council Meeting of July 1, 2019, as circulated. All present voting aye, motion carried. OPEN FORUM Ron Krogman presented the Law Officer of the Year Award to Detective Mark Miller of the Aberdeen Police Department and the Hero of the Year Award to Lt. Lance Hammrich of Aberdeen Fire & Rescue. Council Member Olson joined the meeting by teleconference call at 5:35 p.m. OLD BUSINESS City Council resumed consideration of a request by the City Manager Lynn Lander to seek a qualified environmental consulting firm to provide grant application assistance for EPA Grant Funds. Motion by Ronayne, second by Rux to authorize the City Manager and administrative staff to seek “Request for Qualifications” for a qualified environmental consulting firm to provide grant application assistance for EPA Brownfield Grant Funds. Upon roll call, all present voting aye, motion carried. CONSENT CALENDAR Motion by Remily, second by Ronayne to approve the following items on the consent calendar: 2018 AUDITED PASSENGER FACILITY CHARGE REPORT – for Aberdeen Regional Airport by EideBailly – receive and place on file. 2019-2020 RENEWAL – of Retail On-Off Sale Malt Beverage & SD Farm Wine License (RB- 2654) for CH Baseball LLC dba Hub City Hotshots Baseball, 3800 – 8th Avenue, NE. SET HEARING DATE – of July 22, 2019 at 5:30 p.m. for a Retail On-Off Sale Malt Beverage & SD Farm Wine License and a Retail On-Off Sale Wine & Cider License for Tokyo Sushi & Steakhouse LLC at 3315 – 6th Avenue, SE - Suite #68. SET HEARING DATE – of July 22, 2019 at 5:30 p.m. for a petition to rezone property described as Lot 1, Jensen Rock and Sand First Addition to the City of Aberdeen (911 S. 8th Street) from (C-1) Neighborhood Commercial District and (I-2) Unrestricted Industrial District to (I-2) Unrestricted Industrial District. Page 3 of 52 07/11/2019 17441 REQUEST FOR STREET USE – 17th Avenue, NE between North State Street and North Dakota Street for a Neighborhood Block Party on July 28, 2019. LICENSES – Ambulance Driver – Nolan McLaughlin; Taxi Cab Driver – Jason Bohn. Upon roll call, all present voting aye, motion carried. NEW BUSINESS TAX INCREMENT FINANCE DISTRICT NO. 30 City Planning & Zoning Director Brett Bill presented for approval an amended Tax Increment Financing District No. 30 Project Plan for Lamont Development II, LLC. Motion by Ronayne, second by Remily to approve Resolution No. 19-07-02R creating the Tax Increment Finance District No. 30: RESOLUTION NO. 19-07-02R RESOLUTION CREATING TAX INCREMENT FINANCING DISTRICT NO. 30 WHEREAS, a public hearing was held before the Planning Commission of the City of Aberdeen, South Dakota, on June 18, 2019, at 7:00 p.m., in the Community Room, Brown County Courthouse, at 25 Market Street, Aberdeen, South Dakota, pursuant to notice of such hearing, for the purpose of considering the creation of Tax Increment Financing District No. 30 and its proposed boundaries, such public hearing also being the time and place for its regular meeting; and WHEREAS, the Planning Commission at such regular meeting did pass a resolution establishing the boundaries of such Tax Increment Financing District and did submit a recommendation to the City Council of the City of Aberdeen, South Dakota, recommending the creation of the said Tax Increment Financing District No. 30; and WHEREAS, the Planning Commission at such regular meeting did pass a resolution adopting the Project Plan for the proposed Tax Increment Financing District No. 30 and did recommend to the City Council that it approve and adopt the project plan; and WHEREAS, such action by the Planning Commission was done in accordance with SDCL Chapter 11-9 at a regular meeting of the said Planning Commission after notice properly given and after due hearing and being appropriately and properly advised: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aberdeen, South Dakota, that the boundaries of the proposed Tax Increment Financing District No. 30 be and the same are hereby designated as: All Lots contained in Block 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Willowwood Fourth Addition to the City of Aberdeen, in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; The Northeast Quarter of the Northwest Quarter except land deeded and platted (Brown Co Key 18105) and the West Half of the West Half of the West Half of the Northeast Quarter of the Northwest Quarter in Section 20, Township 123 North, Range 63 West of the 5th P.M., Brown County, South Dakota; Page 4 of 52 07/11/2019 17442 All Lots contained in Willowwood Addition to the City of Aberdeen in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; Lots 1 and 2, First Replat of Lots 7 and 8, Block 2, Willowwood Addition to the City of Aberdeen in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; All Lots contained in Willowwood First Addition to the City of Aberdeen in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; All Lots contained in Willowwood Second Addition to the City of Aberdeen in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; All Lots contained in Willowwood Third Addition to the City of Aberdeen in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; Lot 1, Healy Addition to the City of Aberdeen in the North Half of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; South 560 feet of the West Half of the West Half of the Northwest Quarter of the Northwest Quarter in Section 20, Township 123 North, Range 63 West to the 5th P.M., except that portion deeded for highway purposes, Brown County, South Dakota; Northwest Quarter of the Northwest Quarter in Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota except land deeded and platted; Lot 1 and 2, Peter J. Pagones First Pagones’ Subdivision to the City of Aberdeen, Brown County, South Dakota; All Lots contained in Pagones’ First Addition to the City of Aberdeen, Brown County, South Dakota; All Lots contained in Pagone’s Second Addition to the City of Aberdeen, Brown County, South Dakota; Lot 1 Mattsen Subdivision of Pagones’ Second Addition to the City of Aberdeen, Brown County, South Dakota; All Lots contained in Pagones’ Third Addition to the City of Aberdeen, Brown County, South Dakota; All Lots contained in Pagones’ Fourth Addition to the City of Aberdeen, Brown County, South Dakota; Lot 1, 2, 3, and 4, Block A Hunstads First Subdivision to the City of Aberdeen, Brown County, South Dakota; Lot 1, 2, 3, and 4, Block B Hunstads First Subdivision to the City of Aberdeen, Brown County, South Dakota; Lot 1, Block C Hunstads Second Subdivision to the City of Aberdeen, Brown County, South Page 5 of 52 07/11/2019 17443 Dakota; Lot 1, Block F Hunstads Third Subdivision to the City of Aberdeen, Brown County, South Dakota; Block G Hunstads Second Addition to the City of Aberdeen, Brown County, South Dakota; Lot F, Block F Hunstads Third Subdivision to the City of Aberdeen, Brown County, South Dakota; Lot C, Block C Hunstads Second Subdivision to the City of Aberdeen, Brown County, South Dakota; Lot Berkley Addition to the City of Aberdeen, (South Half of the South Half of the Northwest Quarter of the Southwest Quarter, Section 20, Township 123 North, Range 63 West to the 5th P.M., except that portion deeded for highway purposes, Brown County, South Dakota; Lot 1, Helm Addition to the City of Aberdeen in the Southwest Quarter of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; Lot 1, Ochsners First Addition to the City of Aberdeen in the Southwest Quarter of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; Lot 2, Ochsners First Addition to the City of Aberdeen in the Southwest Quarter of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; Lot 3, S-C-T First Addition to the City of Aberdeen in the Southwest Quarter of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; Lot 2, S-C-T First Addition to the City of Aberdeen in the Southwest Quarter of Section 20, Township 123 North, Range 63 West to the 5th P.M., Brown County, South Dakota; and Lot 1, S-C-T First Addition to the City of Aberdeen in the Southwest Quarter of Section 20, Township 123 North, Range 63 West to the 5th P.M., except H-1, Brown County, South Dakota. all as set forth in the TIF 30 District Boundaries map attached hereto and incorporated herein by reference, and that the specific lots to be included in said Tax Increment Financing District No. 30 are as set forth in the Project Plan (Revised) on file in the offices of the Finance Officer and the Planning and Zoning Department of the City of Aberdeen, South Dakota, both located at 123 South Lincoln Street, Aberdeen, South Dakota. BE IT FURTHER RESOLVED that such Tax Increment Financing District No. 30 contains property not less than 25% by area of which is blighted because of faulty layout deterioration, lack of attention and general unrepaired and unattended normal wear and tear and lack of usage in relationship to size, adequacy, accessibility, and usefulness in that such area significantly and substantially impairs or arrests the solid growth of that area of the City of Aberdeen, South Dakota, and constitutes an economic liability in its general present condition and use and that further, the improvement of the area is likely to enhance significantly the value of substantially all other real property within the area and immediately adjacent thereto, and if such tax increment financing district is created that there is likelihood that there will be residential Page 6 of 52 07/11/2019 17444 homes in the proposed Tax Increment Financing District No. 30 enhancing the area and improving the tax base of the City of Aberdeen. BE IT FURTHER RESOLVED that the district is hereby created with an effective date of July 8, 2019. BE IT FURTHER RESOLVED that the district shall be named and designated as “Tax Increment Financing District No. 30, City of Aberdeen, South Dakota.” BE IT FURTHER RESOLVED that the Project Plan (Revised) submitted by Lamont Development II, LLC, as owner and developer, approved by the Planning Commission at its regular meeting held on June 18, 2019, be and the same is hereby approved and adopted and that such plan is feasible and in conformity with the master plan of the City of Aberdeen, South Dakota, and municipal corporation of the State of South Dakota. BE IT FURTHER RESOLVED that the Development Agreement dated July 1, 2019, entered into by and between Lamont Development II, LLC, as owner and developer, and the City of Aberdeen specifying conditions for development of the landowner’s property in the district is expressly incorporated herein and adopted by reference, and the City Manager is authorized to amend it from time to time in the best interests of the City of Aberdeen and upon mutual agreement with Lamont Development II, LLC, its successors or assigns. BE IT FURTHER RESOLVED that the aggregate assessed valuation of the taxable property in the district plus the tax incremental base of all other existing districts does not exceed 10% of the total assessed value of taxable property in the City of Aberdeen, South Dakota. BE IT FURTHER RESOLVED that the City Manager and Finance Officer are authorized to execute those documents necessary to create and certify Tax Increment Financing District No. 30 as of the effective date of creation of the district. The foregoing Resolution No. 19-07-02R was adopted at a regular meeting of the Aberdeen City Council on the 8th day of July, 2019. Upon roll call, all present voting aye, motion carried. Number of AYES: 8; Number of NAYS: 0. RESOLUTION NO. 19-07-03R City Finance Officer Karl Alberts presented Resolution No. 19-07-03R dissolving Tax Increment Financing District No. 10 for JN Development and allocating the remaining funds. Motion by Bunsness, second by Rux to approve Resolution No. 19-07-03R: RESOLUTION NO. 19-07-03R RESOLUTION TO DISSOLVE TAX INCREMENT FINANCING DISTRICT #10 AND ALLOCATE REMAINING FUNDS WHEREAS, the City Council of the City of Aberdeen, South Dakota, on May 12, 2008, created by resolution for Tax Increment Financing District Number 10 of the City of Aberdeen with boundaries designated as follows: Lot 1, Lee Holgate Second Addition, located in the SW ¼ of Section 6, T123N, Page 7 of 52 07/11/2019 17445 R63W of the 5th P.M., Aberdeen, Brown County, South Dakota WHEREAS, the creation of said Tax Increment District did significantly enhance the value of substantially all real property within the District and immediately adjacent thereto; and WHEREAS, all project costs have been paid and the City has been completely repaid for all funding provided to the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ABERDEEN, SOUTH DAKOTA AS FOLLOWS: That Tax Incremental Financing District Number 10 be dissolved in accordance with South Dakota Codified Law (SDCL) 11-9- 46 and any moneys remaining be allocated as specified by SDCL 11-9-45. Upon roll call, all present voting aye, motion carried. Number of AYES: 8, Number of NAYS: 0. REQUESTS FOR SPECIAL LIQUOR LICENSES AND COMMUNITY EVENT PERMITS Mayor Schaunaman opened a hearing for requests for Special Liquor Licenses with Community Event Permit Applications for the Aberdeen Downtown Association’s Events on July 11th and August 2nd – Summer Concerts on South Main Street from Railroad Avenue through 1st Avenue, August 23rd and August 24th – Sizzlin Summer Nights on South Main Street from Railroad Avenue to 6th Avenue, and a Community Event Permit on July 13th - Crazy Days on Main Street from 2nd Avenue to 6th Avenue. Shelley Westra-Heier, Executive Director of Aberdeen Downtown Association, was present to discuss and address the event location set-ups and concerns brought up by a Main Street business. Mayor Schaunaman closed the hearing. Motion by Ronayne, second by Bunsness to approve the Special Liquor Licenses and Community Event Permits for the Aberdeen Downtown Association as requested. Upon roll call, all present voting aye, motion carried. HEARING ON MALT BEVERAGE AND WINE LICENSES Mayor Schaunaman opened a hearing for a Retail On-Off Sale Malt Beverage & SD Farm Wine License and a Retail On-Off Sale Wine & Cider License for Family Dollar Stores of South Dakota, LLC dba Family Dollar, 412 – 6th Avenue, SW. No one was present to testify in opposition to the request for malt beverage and wine licenses so the Mayor closed the hearing. Motion by Remily, second by Ronayne to approve the Retail On-Off Sale Malt Beverage & SD Farm Wine License and the Retail On-Off Sale Wine & Cider License for Family Dollar Stores of South Dakota, LLC at 412 – 6th Avenue, SW. Upon roll call, all present voting aye, motion carried. APPOINTMENT OF DEPUTY MAYOR Motion by Ronayne, second by Johnson to appoint Council Member Bunsness as Deputy Mayor from July, 2019 through June, 2020 who shall act as Mayor during the absence or disability of the Mayor. Upon roll call, all present voting aye with Bunsness abstaining, motion carried. LIAISONS TO BOARDS AND COMMISSIONS Page 8 of 52 07/11/2019 17446 Discussion was held on the assignment of liaison position to various City boards and the designated representative for other boards and commissions. Motion by Rux, second by Rife to approve the assignment of liaison positions as follows: Mayor Schaunaman and Bunsness to the 911 Communication Center; Johnson to the Airport Board, Bunsness to the BID #1 Board; Remily to the BID #2 Board; Olson to the CVB; Rux to the Library Board; Mayor Schaunaman or City Manager Lander to NECOG; Bunsness to the Parking Board; and Rife to the Parks, Rec. & Forestry Board. The Council designated Ronayne, as the representative, and Bunsness, as the alternate, to the Aberdeen-Brown County Regional Railroad Authority and the Council will have to pass a resolution at their next meeting to confirm the appointment. Motion by Johnson, second by Ronayne to table for one week the action on the assignment of liaison positions to the boards and commissions. Upon roll call, all present voting aye, motion carried. PAYMENTS FOR AIRPORT PROJECTS City Manager Lynn Lander asked for approval of the following payment requests for work on Airport Projects: Payment Request – Agreement to acquire Passenger Loading Bridge – Helms & Associates in the amount of $284.30; Payment Request #11 – AIP #3-46-0001-39- 2018 Airport Master Plan/Airport Layout Plan – Helms & Associates in the amount of $19,123.93; Payment Request #9 – AIP #3-46-0001-40-2019 Bidding for Taxiway ‘C’ in the amount of $2,543.93; Payment Request #8 – AIP #3-46-0001-40-2019 Design & Reconstruction of Taxiway ‘C’ – Helms & Associates in the amount of $2,986.00. Motion by Johnson, second by Bunsness 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 present voting aye, motion carried. BILLS Motion by Ronayne, second by Johnson to approve payment of the bills listed for July 8, 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 86,408.30; US Bank 52,528.04; US Bank Corp. Trust 376,420.92; Clark Engineering Corp. 290.00; Clark Engineering Corp. 3,017.63; B & B Contracting 44,000.00; City Treasurer 1,289.37; J & K Mowing Service 295.83; Matheson Tri-Gas Inc. 2,500.00; AT & T 342.50; MARCO Technologies 67.12; Cameron Lehner 50.73; Brock White Co. LLC 66.71; Dependable Sanitation, Inc. 23,011.56; Wright & Sudlow 43.86; Susan Gerdes 20.59; Gary Aderhold 82.89; Dakota Custom Turf 242.00; American News 3,948.00; Mettler Sichmeller Engineering 300.00; Praxair Distribution Inc. 421.53; Helms & Associates 9,397.80; MARCO Technologies LLC 418.59; Bonnie Bitz 4,290.00; Tessman Company 329.83; RDO Equipment Co. 228.05; A M Leonard Inc. 2,854.56; Dakota Doors Inc. 798.97; Leidholt Electric LLC 122.45; Hawkins Inc. 1,202.60; Vosika Fencing 3,420.11; Don’s Builders Hardware 716.90; Quality Welding Inc. 300.68; Engel Music Store 1,835.60; Cole Papers Inc. 3,089.92; Farm Page 9 of 52 07/11/2019 17447 Power Mfg Inc 10.91; GCR Tires & Service 234.21; Jensen Rock & Sand Inc. 2,361.69; Graham Tire Co. 583.52; Auto Value Part Stores/Hedahls 1,536.98; CASH-WA Distributing 7,229.21; House of Glass, Inc 1,608.81; HF Jacobs & Son 1,003.90; Keeleys Inc. 12.55; Kesslers Inc. 230.18; Automatic Building Controls 338.00; MAC’s Inc 88.51; Ferguson Enterprises, Inc. 83.76; NB Golf LLC 183.07; Sewer Duck Inc. 1,012.50; Designs Devilliers 1,262.03; B & B Contracting 1,652.08; Farnums Genuine Parts 183.03; Pantorium 40.60; Kromer Co. 278.46; Dakota Supply Group 6,096.01; Presentation College 15,000.00; Midstates Group 5,231.85; Ringgenberg Electric Inc. 215.69; Avera St. Luke’s Hospital 4,837.00; Schwan Electric Inc. 10,313.07; Schwan Welding & Boiler 500.00; Fay’s Refrigeration Service 2,185.28; Mobridge Tribune 275.00; Sherwin-Williams Co. 732.32; Crawford Trucks & Equipment 103.69; SD Federal Property Agency 900.00; Stan Houston Equipment Inc. 154.00; Town & Country Lumber Inc. 1,917.98; Weismantel Rent All 80.00; Wright & Sudlow 9,400.00; Hannah Lagerquist 59.22; Aberdeen Lawn Care 340.00; Baker & Taylor Inc. 316.18; Gale/Cengage Learning 228.71; Mission Mgmt Information 1,410.18; Fastenal Company 209.63; Aberdeen Awards 17.00; Totally Tubular Mfg 305.27; ADAPCO Inc. 465.84; Greenleaf Technologies Inc. 279.86; Angerhofer Concrete Products 1,073.00; Target Specialty Products 33,460.00; Metering & Technology Solutions 1,512.74; Ladner Electric 1,900.00; Redfield Press 144.00; Tom Wanttie 263.24; Goodmark Nurseries 3,861.79; Dependable Sanitation Inc. 2,569.96; Western States Fire Protection Co. 410.00; Aberdeen Community Theatre 6,975.00; Fordham Signs 4,199.30; WISP Services LLC 60.00; PEPSI-COLA 4,657.22; COCA-COLA Refreshments 146.50; SD Department Health Lab 34.00; Pauer Sound & Music Inc 896.00; Titan Access Acct/Productivity Plus Acct 56.58; Hub City Radio 585.00; Executive Management 58.79; Service Signs Inc. 142.86; Dakota Outdoors 160.00; West Payment Center 79.77; Parkview Nursery Inc 679.73; Barton Heating & A/C Inc 2,896.80; MID-AM Research Chemical 174.43; UNIVAR USA Inc. 1,463.58; MTI Distributing 3,838.70; Dakota Fence Co. 903.00; The Lifegaurd Store Inc. 717.00; Clarke Mosquito Control 3,650.44; Bismarck Tribune 483.00; Fire Safety First 292.40; ACE Refrigeration 1,401.48; Ken’s Superfair Foods 7,664.49; Kiwanis Club 200.00; Dale Jensen’s Plumbing & Heating 104.52; Sertoma Club 50,050.00; Century Business Products 380.71; Karl Alberts 167.40; West River Beverage Inc. 2,838.50; Menards 4,342.38; American Ramp Company 12,325.53; The Brookings Register 179.00; Dakota Fluid Power Inc. 226.30; Midwest Mini Melts 2,407.00; Sherwin-Williams Co 4,521.00; Grand Forks Herald 237.50; Wylie Thunder Road 1,026.00; Sargent County Teller 343.13; Borns Group 244.98; OCLC, Inc. 920.72; Impact Janitorial 116.10; Midwest Playscapes, Inc. 3,643.00; Confluence 9,890.05; Ferguson Waterworks 8,639.27; Recreation Supply Co 173.97; Matheson Tri-Gas Inc. 105.03; Haider Construction, Inc. 428.57; POMP’s Tire Service, Inc. 1,588.12; Rich Krokel 128.00; My Turn Playsystems 103,600.00; Dakota News 1,576.00; Marilyn Kohles 422.00; Carlson & Stewart Refrigeration Inc. 775.34; Journey Works 2,750.60; American Solutions For Business 69.43; SD Hotel & Lodging Assoc. 195.00; Dakota Oil Page 10 of 52 07/11/2019 17448 612.95; NALCO Company 722.06; KQLX Radion 230.00; Jennifer J Hopkins 300.00; Advance Auto Parts 83.05; Ashley Furniture Outlet 1,114.97; Ingram Library Services 1,601.97; Vollan Oil Co. 11,634.04; Plunkett’s Pest Control 368.01; CARROT-TOP Industries 238.47; Baum’s Dancewear Inc. 504.35; Midwest Tape 76.69; Meierhenry Sargent LLP 12,000.00; Midcontinent Communications 561.84; ARAMARK 984.02; JGE Rental Equipment 650.00; Ennis Paint Inc. 2,606.56; GRAINGER 200.04; Geffdog Designs 140.98; Ameripride Services Inc. 1,387.93; Crescent Electric Supply 330.77; Arctic Glacier USA, Inc. 571.44; SDTLA 100.00; Midwest Pump & Tank 204.62; 080 Leasing 172.36; Builders Firstsource, Inc 450.95; Associated Supply Co. Inc. 6,358.90; Harlow’s Bus Sales, Inc. 276.21; G & R Controls Inc 6,096.95; Tri-State Water, Inc. 84.41; Domino’s Pizza 24.47; Swanson Electric 635.20; AT Cleaning 1,725.00; JANCO Specialized Surfaces 37,500.00; IHEARTMEDIA 75.00; CWF Masonry & Construction Inc. 21,024.00; Hillyard Sioux Falls 506.00; Karen Lane 13.86; Jackie Witlock 86.02; Kandi K Smith 287.50; AUTOZONE 637.91; Jonathon Murdy 2,500.00; AGTEGRA Coop 316.81; Runnings Supply Inc 5,603.52; Interstate Battery 130.95; Graphic Imprints 392.36; Midwest Radio of Fargo-Moorhead 255.00; Musco Sports Lighting, LLC 17,995.00; Vogel Traffic Services 709.15; Troy Beckner 1,073.75; Dakota Game Fish, Inc. 1,241.00; Heiser’s Jewelry LLC 30.00; Legacy Post & Beam 3,297.80; Cameron Lehner 93.99; Bell Sounds Books 89.04; Eide Bailly LLP 1,775.00; Aberdeen Christian Fellowship 27.69; Shirley Heinle 13.86; Gabriel Olson 23.43; Rick Scepaniak 85.00; Yelduz Shrine 55.38. Upon roll call, all present voting aye, motion carried. PAYROLL Motion by Rux, second by Johnson to approve the payroll for the period from June 23, 2019 through July 6, 2019 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: Wells Fargo 159,669.03; SD Retirement 77,039.15; Governing Body 3,192.28, Joshua Rife 326.92 bw, Travis Schaunaman 576.92 bw; City Manager 8,221.03; City Attorney 6,766.35; Finance 14,178.56; HR 7,718.84, Building 1,711.35; Computer 4,530.70; Planning/Zoning 14,980.27; Engineering 13,631.19; Police 137,026.58; Fire 107,611.40, Housing/Building 6,395.35; Street 31,424.96, Dan Kohnen 22,82 hr, Mike Lester 25.19 hr; Traffic 3,802.90; Solid Waste 25,641.92; Transportation/Ride Line 16,100.35, Library 26,875.26, Katherine Malsom 9.10 hr; Parks, Rec & Forestry 213,041.89; Dylan Bukaske 10.50 hr, Kristen Collingwood 10.50 hr, Adam Heining 10.50 hr, Jayda Hunstad 10.50 hr, Morgan Krege 10.75 hr, Antony Martinez 11.00 hr, Alecia Morehouse 10.75 hr, Christopher Ray 10.25 hr, Madeline Scarlett 11.25 hr, Baron Schock 9.75 hr, Abbie Siefken 10.75 hr, Logen Snell 9.25 hr; Airport 17,225.07; Pipe 27,710.94, Jagr Wasem 19.68 hr; Water Treatment 18,765.35; Meter 1,731.84; Water Reclamation 29,883.24; Pump 6,848.92, Old Federal Crths Bldg 1,747.75. Upon roll call, all present voting aye, motion carried. NO CITY MANAGER’S REPORT OTHER Page 11 of 52 07/11/2019 17449 Council Member Bunsness questioned the delivery of the American Newspaper in a box location in the right-of-way. Mayor Schaunaman mentioned for consideration a modification to the home occupation ordinance. Discussion followed. ADJOURN There being no further business, motion by Remily, second by Bunsness to adjourn the meeting. Upon roll call, all present voting aye, motion carried. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. Page 12 of 52 07/11/2019 XXXXXXX July 15, 2019 4A XXX Old XXXXXXXXXXXXXXXX Page 13 of 52 07/11/2019 Page 14 of 52 07/11/2019 Page 15 of 52 07/11/2019 Page 16 of 52 07/11/2019 Page 17 of 52 07/11/2019 Page 18 of 52 07/11/2019 Page 19 of 52 07/11/2019 City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: July 15, 2019 6A Agenda Section New Business Originating Dept: City Council Ordinance Ordinance No. 19-07-03 Prepared by: City Attorney No. of Attachments 3 Presented by: City Attorney Item: Possible 1st reading of ordinance prohibiting parking on a street within 5 feet of a driveway. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 19-07- 03. Overview: The proposed revision to Sec. 52-223(e) creates a turning radius to allow vehicles to maneuver in and out of driveways by prohibiting vehicle parking within 5 feet of where a driveway meets the roadway. As has been the past practice with parking in front of driveways, this prohibition will be enforced by the Aberdeen Police Department only upon a complaint or if the officer encounters an obvious safety hazard. Primary Issues/Alternatives to Consider: Assuming an average vehicle length of 20 feet, the effect of the 5-foot turning radius will be to reduce available parking on streets with a driveway that is within 30 feet of another driveway. Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 19-07-03 2. Drawing of radius encroachment 3. Aerial photos of sample driveways within Aberdeen Page 20 of 52 07/11/2019 Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-07-03 AN ORDINANCE AMENDING CHAPTER 52 – TRAFFIC AND VEHICLES OF THE ABERDEEN CITY CODE RESTRICTING PARKING IN FRONT OF DRIVEWAYS WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and WHEREAS, the City Council has determined that the following ordinances will protect the health, safety, and property of its citizens. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Sec. 52-223 of CHAPTER 52 – TRAFFIC AND VEHICLES is hereby amended as follows: Sec. 52-223. - Places where parking prohibited. (a) Roadway width restrictions. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers in such a manner or under such conditions as leave available less than ten feet of the width of the roadway for free movement of vehicular traffic. (b) Residential parking restrictions. Except in conjunction with a legal nonconforming business it is unlawful for any person to park, store, leave, or permit the parking, storing or leaving of any semi-tractor and trailer or either separately in any residential district denoted as: (1) R-1 low density residential district; (2) R-2 medium density residential district; (3) R-2A manufactured housing medium density residential district; (4) R-3 high density residential district; (5) R-4 special density residential district; Page 1 of 2 Page 21 of 52 07/11/2019 Ordinance No. 19-07-03 (6) R-5 trailers, trailer parks and planned residential area; or (7) C-1 neighborhood commercial district; unless the vehicle is temporarily parked in connection with the performance of a service at that same location. (c) Fire hydrants. No person may park a vehicle within 15 feet of a fire hydrant. (d) Signs prohibiting. No person may park a vehicle at any place where official signs prohibit parking. (e) Driveways. No person may park a vehicle in front of any public or private driveway or within 5 feet of where the driveway intersects with the curb or, if none, the roadway edge line. (f) Double parking. It shall be unlawful for the operator of any motor vehicle to stop, stand or park such vehicle on the roadway side of any other vehicle stopped or parked at the end or curb of a street except temporarily or expeditiously engaged in the loading or unloading of passengers or material or for unloading freight when there is no alley for such purpose or no other parking space available and the freight to be unloaded is of a heavy or bulky nature, but only for such length of time which is absolutely necessary for loading or unloading; on South Main Street from Railroad Avenue to Sixth Avenue South, no merchandise or freight pickups or deliveries whatsoever shall be made from double parked vehicles between the hours of 10:00 a.m. to 3:30 p.m. and 4:30 p.m. to 6:00 p.m. on any day except Sundays and legal holidays; and no operator of any vehicle is to stop, stand or park such vehicle next to any mid-block pedestrian crossing area or end-of-block pedestrian crossing area on South Main Street. (g) Handicapped parking zones. No person may park a vehicle in any area or space whether public or private demarcated as a handicapped parking zone or area unless the vehicle displays a current handicapped parking placard or license plate. (h) Boulevard and sidewalk. No person may park any vehicle in the public right-of- way on a boulevard or sidewalk. The term "boulevard" means the area along the public streets and avenues lying within the public right-of-way between the curbline and sidewalk line or, if there is no sidewalk, that area of the public right-of-way between the curbline and the adjacent property line. Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer Page 2 of 2 Page 22 of 52 07/11/2019 Ordinance No. 19-07-03 '5,9(:$<(1&52$&+0(175$',86 Page 23 of 52 07/11/2019              Page 24 of 52 07/11/2019                Page 25 of 52 07/11/2019                  Page 26 of 52 07/11/2019                  Page 27 of 52 07/11/2019       City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: July 15, 2019 6B Agenda Section New Business Originating Dept: Public Works Dept./ City Attorney Ordinance Ordinance No. 19-07-05 Prepared by: City Attorney No. of Attachments 1 Presented by: Public Works Director/ City Attorney Item: Possible 1st reading of ordinance regarding snow removal activities and operations. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 19-07- 05. Overview: City snow removal operations are a matter of significant public interest to property owners, pedestrians and motorists. The proposed revisions to Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, of the Aberdeen City Code seek to improve such operations. The minor change at Sec. 46-8 makes it more clear that snow removal operations are part of street maintenance. By law, the City is not legally responsible for damage to private property placed in the right-of-way, like mailboxes, as a result of an inherently difficult governmental function like snow and ice removal. The revision to Sec. 46-337 affirms the general duty to keep the front sidewalk free of snow and ice but moves Zone 1 (downtown business district) activities to the newly-amended Sec. 46-339. The heading for Sec. 46-338 is amended to specifically state the 48-hour limitation. Sec. 46-339 is revised by expanding the prohibition of shoveling from commercial property into any street or public ground and expanding the prohibition to all property, with an exception to allow the deposit of snow in the boulevard abutting the sidewalk. However, certain property owners in Zone 1 are permitted to deposit their snow in the streets before the city plows go through. Finally, the new Sec. 46-339 is an effort to prohibit a person from depositing the snow from his sidewalk onto his neighbor’s sidewalk. It also prohibits a person from blading a path in the street for himself only to inadvertently block his neighbor’s driveway or hamper the City’s snow plows in that area. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 19-07-05 Page 28 of 52 07/11/2019 Page 1 of 1 Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-07-05 AN ORDINANCE AMENDING CHAPTER 46 – STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES OF THE ABERDEEN CITY CODE REGARDING SNOW REMOVAL WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, welfare, and property of its citizens; and WHEREAS, the City Council has determined that the following ordinance will protect the health, safety, welfare, and property of its citizens regarding snow removal activities; and BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, shall be amended as follows: Sec. 46-8. - City not responsible for damage to private property within right-of-way; damage to mailboxes. Property owners are fully responsible for sprinkler systems and any other personal property installed, placed, left, or kept within the rights-of-way that are damaged because of snow removal operations or street, curb, sidewalk, traffic control, and utility maintenance and repair by the city or its designees. However, the public works director is authorized to determine and pay an amount not to exceed $100.00 for damage by the city to a mailbox properly located within the right-of-way for mail delivery by the United States Postal Service. Sec. 46-337. - Duty of owner or occupant to keep sidewalks clear. (a) It shall be the duty of the owner of any real property fronting or abutting upon any sidewalk to keep such sidewalk free and clear from snow and ice at all times. The owner of a corner lot shall be responsible for clearing the sidewalk through to the street. However, where a residential property abuts or fronts a curbside sidewalk, the owner or occupant of said real property shall maintain a 36-inch passable area free from ice and snow at all times. (b) It shall be unlawful for any person to shovel or blade the snow so removed into the street at any time. However, where the property is actually occupied by a building which has a zero-setback from the sidewalk, the owner or occupant thereof may shovel or blade the snow {00054892.DOCX / 1} Page 1 of 3 Page 29 Ordinance No.of 52 19-07-05 07/11/2019 from the abutting sidewalk into the street prior to the completion of Zone 1 snow removal operations. Sec. 46-338. - Noncompliance after 48 hours. The owner of any real property fronting or abutting upon any sidewalk shall remove the snow or ice from such sidewalk within 48 hours after the falling of said snow has stopped. If said snow or ice still has not been removed after 48 hours, then the city may cause to be removed said snow or ice and may assess the costs against the real property in the amount provided in the city fee schedule and certify said assessment to the county auditor's office for collection. Sec. 46-339. - Commercial property.Depositing snow or ice on public property; Zone 1 property. It shall be unlawful for the owner or operator of any commercial real property to blade or shovel the snow from said real property into any street or public ground. (a) It shall be unlawful for any person to deposit, or cause to be deposited, snow or ice removed from private property, or from a sidewalk required to be cleared under this article, into any street, alley, or public ground at any time; except snow or ice from a sidewalk required to be cleared may be deposited upon the boulevard abutting such sidewalk. (b) Where the property has located thereon a building with a zero-setback from the sidewalk abutting a street in snow removal Zone 1, the owner or occupant thereof may deposit the snow or ice from the abutting sidewalk into the street during a snow emergency if deposited prior to the city’s removal of snow from such street. (c) In addition to any other penalties prescribed by this Code, the city may remove any snow or ice deposited in violation of this section and assess the costs against the real property of such person in the amount provided in the city fee schedule and certify said assessment to the county auditor’s office for collection. Sec. 48-340. - Interference with snow removal operations prohibited. Except for a person engaged in governmental snow removal or emergency operations, or in an emergency involving imminent peril to life or property, it shall be unlawful for any person to interfere with snow removal operations of the city by accumulating, or causing to be accumulated, snow in a pile or in a linear row (also described as a “snow windrow”) upon any street or alley or upon a sidewalk required to be cleared under this article. Secs. 46-341340—46-365. - Reserved. Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: {00054892.DOCX / 1} Page 2 of 3 Page 30 Ordinance No.of 52 19-07-05 07/11/2019 Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer {00054892.DOCX / 1} Page 3 of 3 Page 31 Ordinance No.of 52 19-07-05 07/11/2019 July 15, 2019 6C Page 32 of 52 07/11/2019 Page 33 of 52 07/11/2019 Page 34 of 52 07/11/2019 Page 35 of 52 07/11/2019 Page 36 of 52 07/11/2019 Page 37 of 52 07/11/2019 Page 38 of 52 07/11/2019 Page 39 of 52 07/11/2019 City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: July 15, 2019 6D Agenda Section New Business Originating Dept: City Attorney Ord./Res. Resolution No. 19-07-04R Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Appointment of the City’s representative and Commissioner to the Aberdeen-Brown County Regional Railroad Authority (ABCRRA). City Attorney’s Proposed Action: Motion by ___________, second by ___________ to approve Resolution No. 19-07-04R appointing Rob Ronayne, as the City’s representative and Commissioner to the Aberdeen-Brown County Regional Railroad Authority, and David Bunsness as alternate, each for a three-year term to expire on July 1, 2022. Overview: SDCL § 49-17A-6 requires that the representatives of the subdivisions which are members of a regional railroad authority to elect commissioners of the regional railroad authority for a term of three years. Vacancies shall be filled for the unexpired term in the same manner as the original elections. Each commissioner shall hold office until his or her successor has been elected and qualified. Because commissioner terms are 3 years, it is recommended that the appointment of the City’s representative on the ABCRRA be for a 3-year period as well. Primary/Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. Attachments: 1. Resolution 19-07-04R Rev 7/09 Page 40 of 52 07/11/2019 RESOLUTION NO. 19-07-04R RESOLUTION APPOINTING REPRESENTATIVE TO THE ABERDEEN-BROWN COUNTY REGIONAL RAILROAD AUTHORITY WHEREAS, the Aberdeen-Brown County Regional Railroad Authority (ABCRRA) was established in 1991, pursuant to SDCL Ch. 49-17A, and membership currently includes the City of Aberdeen, Brown County, Edmunds County, Spink County, and Beadle County; and WHEREAS, it is necessary for the City of Aberdeen, South Dakota, to nominate and appoint every three years a representative as its Commissioner to ABCRRA and the term of the last representative, Mike Levsen, lapsed upon the expiration of his term on July 1, 2019. NOW, THEREFORE, BE IT HEREBY RESOLVED that Councilmember Rob Ronayne is hereby appointed by the City Council of the City of Aberdeen as its representative and Commissioner to the ABCRRA, and Councilmember David Bunsness is appointed as alternate, until such time as new appointments are made or for a term of three years, whichever period is less. The foregoing Resolution was considered at a regular meeting of the City Council on the 15th day of July, 2019, and upon Roll Call vote the Resolution was adopted. Number of AYES: Number of NAYS: CITY OF ABERDEEN ______________________________ Travis Schaunaman, Mayor ATTEST: _____________________________ Karl Alberts, Finance Officer Rev 7/09 Page 41 of 52 07/11/2019 City of Aberdeen Request for Council Action Agenda Item Meeting Date: June __, 2019 July 15, 2019 XXXXXXXX No. 6E Agenda Section New Business Originating Dept: Mayor Ord./Res. Prepared by: City Attorney No. of Presented by: City Attorney Attachments Item: Appointment of Heidi Fiedler to the Board of Ethics. City Manager’s Proposed Action: 1. Motion by ___________ second by _________ to appoint Heidi Fiedler to the Board of Ethics for a 4-year term beginning July 1, 2019, and expiring July 1, 2023, as provided by Aberdeen City Code, Sec. 2-383. Overview: The initial 2-year term of Heidi Morrissey, President of KTU Worldwide, Inc., expired July 1, 2019. Ms. Morrissey served the Board well but has declined to serve another term due to her significant business and personal commitments. Heidi Fiedler has agreed to serve on the Board of Ethics for the new term of 4 years. Heidi Fiedler was previously employed for 31 years with Wyndham Worldwide. She held several different positions over the years but more than half of them were as the business and data analyst for call centers, helping to manage and maintain the application interfaces. Ms. Fiedler and her family are long-time residents of Aberdeen. Primary Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. {00051651.DOCX / 1} Page 42 of 52 07/11/2019 City of Aberdeen Request for Council Action Agenda Item No. Meeting July 15, 2019 6F Date: Agenda Section New Business Originating Dept: Airport Resolution N/A Ordinance N/A Prepared Rhea Ketterling by: No. of Attachments 1 Presented by: Item: Aberdeen Regional Airport, AIP Project #3-46-0001-040-2019 Taxiway Improvements City Manager’s Proposed Action: Moved by: ________________ Second by: ________________ Requests Council and the Mayor’s approval to reject all bids received and opened on June 27th for the above referenced project. Request Council’s approval to re-Advertise For Bids for the Aberdeen Regional Airport: Taxiway Improvements (RE-BID) and to set a bid opening date for 11:00AM local time on the 31st day of July, 2019. Overview: Both bids received were over the current project budget. After further review of the FAA ADO and SD DOT of the bids received, it was recommended to cut back and re-bid the project. Primary/Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: 215-43500-43940 Attachments: Recommendation Letter Page 43 of 52 07/11/2019 July 10, 2019 Rich Krokel, Transportation Director Aberdeen Regional Airport 4740 SE 6th Ave. Aberdeen, SD 57401 Re: Taxiway Improvements Aberdeen Regional Airport Aberdeen, South Dakota AIP #3-46-0001-040-2019 Helms #A-6998 Dear Mr. Krokel: We opened bids for the above reverenced project on Thursday, June 27, 2019 and received the following bids: 1. B & B Contracting, Inc. $4,740,028.92 2. Lien Transportation Co., Inc. $5,823,001.16 Both bids were over the current project budget and after corresponding with the FAA and SD- DOT, there is insufficient Airport Improvement Program (AIP) Grant Funding for the project as bid. Therefore, it is our “Engineer’s Recommendation” to reject both bids. We have received guidance from the FAA to scale the project back and rebid the project. We are currently working to provide you with a series of recommendations and updated cost estimates to eliminate or make revisions to reduce the cost of the project. Some of these items include but are not limited to: 1. Eliminate work on existing Taxiway C and Taxiway C2 2. Rework the Construction Safety Phasing Plan to utilize the airports lighted closing X’s or use 3. Look at the closure timeframe for work within the Runway 13/31 RSA. Page 44 of 52 07/11/2019 If you have any questions, comments, or need any further information, please feel free to contact our office at your convenience. Sincerely, Helms and Associates Michael A. Schmit, P.E. W/Enclosures Cc: Brian Schuck, FAA – Dakota-Minnesota Airports District Office Jon Becker, SD-DOT – Office of Air, Rail, and Transit Page 45 of 52 07/11/2019 6G Page 46 of 52 07/11/2019 Page 47 of 52 07/11/2019 6H Page 48 of 52 07/11/2019 Page 49 of 52 07/11/2019 Page 50 of 52 07/11/2019 Page 51 of 52 07/11/2019 6I Page 52 of 52 07/11/2019

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