Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA TUESDAY, SEPTEMBER 3, 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 AUGUST 26, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. ORDINANCE NO. 19-08-01 AMENDING THE ZONING REGULATIONS OF THE ABERDEEN CITY CODE REGARDING BUSINESS USE OF HOMES POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 19-08-01 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET HEARING DATE OF SEPTEMBER 23, 2019 AT 5:30 P.M. FOR PETITION TO REZONE LOT 1, STEELE-TEIGEN ADDITION (4015 STEELE AVE., SE) FROM (I-2) DISTRICT TO (C-2) DISTRICT B. SET BID DATE OF SEPTEMBER 17, 2019 AT 2:00 P.M. 1. ONE 2019 TANDEM TRUCK/BOX & HOIST FOR THE PUBLIC WORKS DEPT.–STREET DIVISION 2. 2000 TONS ROADWAY DEICING SALT FOR 2019-2020 C. REQUESTS FOR STREET USE: 1. SOUTH 3RD STREET FROM 13TH AVENUE TO 16TH AVENUE FOR SIMMONS MIDDLE SCHOOL’S HOMECOMING PARADE ON SEPTEMBER 27, 2019 FROM 8:00 A.M. UNTIL 9:30 A.M. 2. SOUTH WASHINGTON STREET BETWEEN 2ND AVENUE AND 3RD AVENUE FOR SD EMERGENCY MEDICAL SERVICES ASSOCIATION’S CONFERENCE ON NOVEMBER 1 - 2, 2019 3. MELODY LANE FROM 15TH AVENUE TO MELGAARD ROAD FOR NEIGHBORHOOD BLOCK PARTY ON SEPTEMBER 22, 2019 FROM 12:00 NOON TO 7:30 P.M. 6. NEW BUSINESS A. ORDINANCE NO. 19-09-02 – 2020 BUDGET ORDINANCE POSSIBLE APPROVAL OF FIRST READING OF ORDINANCE NO. 19-09-02 B. PURCHASE AGREEMENT FOR 211 – 2ND AVENUE, SE POSSIBLE APPROVAL OF THE PURCHASE OF THE REAL PROPERTY AT 211 – 2ND AVENUE, SE FROM BARBARA L. FINLEY IN THE AMOUNT OF $130,000 AND AUTHORIZE THE CITY MANAGER TO SIGN DOCUMENTS AS APPROVED BY THE CITY ATTORNEY C. BILLS: APPROVAL OF BILL LIST FOR SEPTEMBER 3, 2019 D. PAYROLL FOR THE PERIOD FROM AUGUST 18, 2019 THROUGH AUGUST 31, 2019 AND CITY SHARE OF SOCIAL SECURITY, OLD AGE & SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE E. CITY MANAGER’S REPORT 7. ADJOURN Page 1 of 33 08/29/2019 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 33 08/29/2019 Page 3 of 33 08/29/2019 Page 4 of 33 08/29/2019 Page 5 of 33 08/29/2019  XXXXXX 4A September 3, 2019 XXXXXXX Old Business XX Page 6 of 33 08/29/2019 Page 7 of 33 08/29/2019 August 26, 2019 Page 8 of 33 08/29/2019 Page 9 of 33 08/29/2019 Page 10 of 33 08/29/2019 August 26, 2019 Page 11 of 33 08/29/2019 Page 12 of 33 08/29/2019 Page 13 of 33 08/29/2019 Page 14 of 33 08/29/2019 Page 15 of 33 08/29/2019 Page 16 of 33 08/29/2019 Page 17 of 33 08/29/2019 Page 18 of 33 08/29/2019 Page 19 of 33 08/29/2019 Page 20 of 33 08/29/2019 6A Page 21 of 33 08/29/2019 Page 22 of 33 08/29/2019 Page 23 of 33 08/29/2019 Page 24 of 33 08/29/2019 Page 25 of 33 08/29/2019 Page 26 of 33 08/29/2019 Page 27 of 33 08/29/2019  City of Aberdeen Request for Council Action Agenda Item Meeting Date: September 3, 2019 No. 6B Agenda Section New Business Originating Dept: Engineering Ord. / Res. Prepared by: No. of 1 Presented by: Robin Bobzien Attachments Item: Purchase Agreement for 211 2nd Avenue SE City Manager's Proposed Action: Motion by , second by , to approve the purchase of the real property at nd 211 2 Ave. SE from Barbara L. Finley in the amount of $130,000, and authorize the City Manager to sign documents as approved by the City Attorney. Overview: The City has long sought to purchase the property to expand the public parking lot north of the Civic Arena. The 2018 County valuation for this property is $115,494 but a market analysis from a licensed Aberdeen realtor places a current value on the property of $125,000. The property owner is willing to accept $130,000 to sell the property. It is anticipated that the home will be removed from the property. Primary/Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: Funding will come from our Capital Outlay budgets within the Public Works Departments. Attachments: Purchase Agreement Page 28 of 33 08/29/2019 {00055619.DOCX / 1} Rev 7/09  PURCHASE AGREEMENT THIS AGREEMENT is made and executed between BARBARA L. FINLEY, of 2ll2nd Avenue SE, Aberdeen, South Dakota 57401(hereafter "Seller"), and CITY OF ABERDEEN, a South Dakota municipal corporation, of 123 South Lincoln Street, Aberdeen, South Dakot¿ 5740l(hereafter "Buyer"). WITNESSETH WHEREAS, SELLER is the owner of certain real property located in Brown County, South Dakota, as more specifically defined herein below; and IVHEREA$ SELLER desires to sell the property and BTIYER desires to purchase the property upon certain terms and conditions; NOIV, THEREFORE, in consideration of the premises and respective mutual agreements, covenants, representations, and warranties herein contained, the parties hereby mutually agree as follows: 1. SALE OF PROPERTY: SELLER agrees to sell, and BUYER agrees to purchase on the terms hereafter stated, the property located in Brown County, South Dakota (hereinafter called the "Properfy") legally described as: The East Twenty Feet (E 20') of Lots Seventeen (17) and Eighteen (18), Block Seventy-seven (77), Hagerty & Lloyd's Addition to the City of Aberdeen, according to the plat thereof of record; upon the following terms and conditions: 2. PURCHASE PRICE: BIJYER shall pay to SELLER the sum of One Hundred Thirty Thousand Dollars and No Cents ($130,000.00), to be due at closing, subject to the adjustments and prorations set forth in paragraph 6 hereof. 3. PERSONAL PROPERTY: Included within said purchase price and included in this contract are the following: 4. TITLE MATTERS: SELLER shall order an Owner's Policy of Title Insurance immediately upon the signing of this Purchase Agreement. BI-ryER shall have a period of ten (10) days from the date of receipt of the Owner's Policy of Title Insurance within which to review and give SELLER written Page 29 of 33 08/29/2019  PURCHASE ACRPTN¡ENT BARBARA L. FINLEY, SELLER RNO CITY OF ABERDEEN, BUYER notice of any reasonable objections to the condition of the title or other matters directly related to the real estate as reflected by the Title Insurance. If BUYER gives written notice of its reasonable objections within the ten (10) day period, SELLER shall deliver to BUYER written notice that either (l) the SELLER will, at her sole cost and expense, attempt to remove the exceptions to which BUYER has reasonably objected on or before the Closing or (2) SELLER is unwilling or unable to remove any such exception to title or correct other matter; provided, however, that SELLER shall not have any election rights with respect to any lien or judgment securing an indebtedness of any ascertainable amount created by SELLER, and SELLER, in such event shall cause any such lien or judgment to be released at or prior to the Closing Date. If SELLER is unable or unwilling to remove any exception to title, BUYER may either (1) purchase the Real Estate subject to such exceptions or (2) terminate this Agreement without penalty or cost. 5. CLOSING: BUYER and SELLER agree the purchase shall be consummated as follows: a. Title Transfer: SELLER agrees to convey title to the Property to BLIYER by \Marranty Deed on the Closing Date and, effective on the delivery of such deed by SELLER to BUYER, beneficial ownership and the risk of loss of the Property will pass from SELLER to BUYER; b Closine Date: The closing will take place at Titles of Dakota, Aberdeen, South Dakota, on or about 20190 with the exact time for closing to be designated by SELLER and approved by BIIYER. c. SELLER'S Instruments: At closing, SELLERwiII deliver or cause to be delivered to BUYER the following items (all documents to be duly executed and acknowledged where required): l) Warrantv Deed: A Warranty Deed on the Property conveying to BUYER marketable fee simple title to the Property, free and clear of all liens and encumbrances, other than easements or reservations of record; 2) Additional Documents: Such additional documents as might be reasonably required by BUYER to consummate the sale of the Property to BTIYER; and, d. BUYER'S Instruments: At closing, BtfYER will deliver to SELLER the payment required by paragraph2 and, such additional -2- Page 30 of 33 Duplicate Original 08/29/2019  PURCHASE AcRESIúBNT BeReaRa L. FINLEY, SELLER euo Ctrv oF ABERDEEN, BUYER documents as might be reasonably required by SELLER to consummate the sale of the Property to BUYER. 6. ADJUSTMENTS AND PRORATIONS: The purchase price will be adjusted on the following basis: a. Propertv Taxes: SELLER shall pay all real estate tares due and owing through Closing Date. Taxes due shall be based off previous years'taxes; b. Title Insurance: The cost of title insurance shall be paid by BUYER; c. Closing Costs: Closing costs shall be paid by BUYER; d. Transfer Fee: The transfer fee shall be paid by SELLER; e. Recording of Deed: The recording of the V/arranty Deed shall be paid by BUYER; and f. Attorney's fees. Attorney's fees for preparation of this Purchase Agreement shall be paid by BLIYER. Should either party retain outside counsel to review any other documents related to this real estate transaction, each party shall be responsible for their own attorney's fees. 7. POSSESSION: Possession of the Property will be delivered to BUYER at closing. 8. DEFAULT REMEDY: In the event that either party fails to perform such party's obligations hereunder, the party claiming default will make written demand for performance. If either fails to comply with such written demand within ten (10) days after receipt thereof each will have any and all remedies provided by law. If there is litigation arising out of this purchase agreement, the non-prevailing party shall pay the attorney's fees, costs, and sales tax on fees of the prevailing party. 9. SIGNING OF DOCUMENTS: This agreement may be signed in counterpart and may be transmitted by facsimile or electronic mail with full force of regular mail. 10. MISCELLAI\EOUS: It is turther agreed as follows: a- Time: Time is the essence of this Agreement; 3 Page 31 of 33 Duplicate 08/29/2019 Original  PURCHASE ACnngupNr BERSARA L. FINLEY, SELLER AND CITY oF ABERDEEN, BUYER b Notice: All notices required hereunder will be in writing and served by certified mail, return receipt requested, postage prepaid, at the addresses shown above, until notification of a change of such address; c Survival: All representations and warranties of SELLER and BLIYER contained in this agreement will survive the closing of this transaction; d. Entire Agreement: This instrument constitutes the entire agreement between BUYER and SELLER and there are no agreements, understandings, warranties, or representations between BUYER and SELLER except as set forth herein. This Agreement cannot be amended except in writing executed by BUYER and SELLER; e. Bindine Effect: This Agreement will inure to the benefit of and bind the respective successors and permitted assigns of the parties hereto; and, f. Counterparts. This Agreement may be signed in counterparts, with full effect as a valid contract. IN WITNESS WHEREOF, this instrument has been executed in duplicate by the parties on the date heretofore written. Date x Barbara L. Finley, Seller CITY OF' ABERDEEN, Buyer Date: Lynn Lander, City Manager Karl Alberts, Finance Officer -4- Page 32 of 33 Duplicate Original 08/29/2019 6C Page 33 of 33 08/29/2019