Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, SEPTEMBER 30, 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 MEETINGS OF SEPTEMBER 23 AND 24, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. ORDINANCE NO. 19-09-01 – ORDINANCE TO REZONE LOT 1, STEELE-TEIGEN ADDITION TO ABERDEEN IN THE NW ¼ OF SW ¼ OF SECTION 16, T123N, R63W OF THE 5TH P.M., BROWN COUNTY, SD FROM (I-2) DISTRICT TO (C-2) DISTRICT (4015 STEELE AVENUE, SE) POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 19-09-01 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET HEARING DATE OF OCTOBER 14, 2019 AT 5:30 P.M. FOR SPECIAL FIVE-DAY RETAIL ON- SALE LIQUOR LICENSES ON OCTOBER 16-20, 2019 AND NOVEMBER 20-24, 2019 FOR ACT2, INC. DBA ABERDEEN COMMUNITY THEATRE, 415 SOUTH MAIN STREET B. SET HEARING DATE OF OCTOBER 21, 2019 AT 5:30 P.M. FOR A PETITION TO REZONE LOT 1, BLOCK 37, THOMAS ADDITION TO ABERDEEN (1202 SOUTH LINCOLN STREET) FROM (C-1) DISTRICT/(R-4) DISTRICT TO (R-2) DISTRICT C. SET BID DATE OF OCTOBER 15, 2019 AT 2:00 P.M. FOR 2000 TONS OF ROADWAY DE-ICING SALT FOR 2019-2020 D. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE: 1. AMERICAN LEGION SIDNEY L. SMITH POST 24 2. EXCHANGE CLUB OF ABERDEEN E. DEPARTMENTS’ BOARD MEETING REPORTS AND MINUTES – RECEIVE AND PLACE ON FILE: 1. ABERDEEN AIRPORT BOARD MEETING MINUTES 2. ABERDEEN CITY PLANNING COMMISSION MEETING MINUTES 3. BOARD OF ZONING ADJUSTMENT MEETING MINUTES 4. K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES MEETING MINUTES 5. PARK & RECREATION BOARD MEETING MINUTES 6. NEW BUSINESS A. ORDINANCE NO. 19-09-03 – ORDINANCE AMENDING THE CITY CODE REGARDING CONFLICTS OF INTEREST AND IMPROPER USE OF PUBLIC OFFICE BY COUNCIL MEMBERS POSSIBLE FIRST READING OF ORDINANCE NO. 19-09-03 B. RECOMMENDATION ON DE-ICING SALT BIDS POSSIBLE APPROVAL TO REJECT ALL BIDS RECEIVED FOR 2000 TONS OF DE-ICING SALT FOR PUBLIC WORKS DEPARTMENT C. CHANGE ORDER/PAY ESTIMATE FOR STREET MAINTENANCE CONCRETE REPAIR PROJECT POSSIBLE APPROVAL OF CHANGE ORDER #1 IN THE AMOUNT OF $7,300.00 AND PAY ESTIMATE #1 IN THE AMOUNT OF $87,459.12 TO CWF MASONRY & CONSTRUCTION, INC. FOR WORK ON THE STREET MAINTENANCE CONCRETE REPAIR PROJECT D. PAY ESTIMATE #2 – KLINE ST. STORM SEWER PROJECT – B & B CONTRACTING $468,179.75 POSSIBLE APPROVAL OF PAY ESTIMATE #2 IN THE AMOUNT OF $468,179.75 TO B & B CONTRACTING FOR WORK ON THE KLINE STREET STORM SEWER PROJECT 09/26/2019 Page 1 of 60  E. BILLS: APPROVAL OF BILL LIST FOR SEPTEMBER 30, 2019 F. PAYROLL: APPROVAL FOR THE PAY PERIOD FROM SEPT. 15, 2019 THROUGH SEPT. 28, 2019 AND CITY SHARE OF SOCIAL SECURITY, OLD AGE & SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE G. CITY MANAGER’S REPORT 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. 09/26/2019 Page 2 of 60 09/26/2019 Page 3 of 60 09/26/2019 Page 4 of 60 09/26/2019 Page 5 of 60 09/26/2019 Page 6 of 60  XXXXXXXXXXXXX 4A September 30, 2019 XXX Old XX 09/26/2019 Page 7 of 60 09/26/2019 Page 8 of 60 09/26/2019 Page 9 of 60 09/26/2019 Page 10 of 60 09/26/2019 Page 11 of 60 09/26/2019 Page 12 of 60 09/26/2019 Page 13 of 60 09/26/2019 Page 14 of 60 09/26/2019 Page 15 of 60 09/26/2019 Page 16 of 60 09/26/2019 Page 17 of 60 09/26/2019 Page 18 of 60 09/26/2019 Page 19 of 60 09/26/2019 Page 20 of 60 09/26/2019 Page 21 of 60 09/26/2019 Page 22 of 60 09/26/2019 Page 23 of 60 09/26/2019 Page 24 of 60 09/26/2019 Page 25 of 60 09/26/2019 Page 26 of 60 09/26/2019 Page 27 of 60 09/26/2019 Page 28 of 60 09/26/2019 Page 29 of 60 09/26/2019 Page 30 of 60 09/26/2019 Page 31 of 60 09/26/2019 Page 32 of 60 09/26/2019 Page 33 of 60 09/26/2019 Page 34 of 60 09/26/2019 Page 35 of 60 09/26/2019 Page 36 of 60 09/26/2019 Page 37 of 60 09/26/2019 Page 38 of 60 09/26/2019 Page 39 of 60 09/26/2019 Page 40 of 60 09/26/2019 Page 41 of 60  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: September 30, 2019 6A Agenda Section New Business Originating City Council Dept: Ord. / Res. Ordinance No. 19-09-03 Prepared by: Council members Bunsness, Johnson, Lunzman, Olson, Remily, Ronayne, Rux, No. of 1 Presented by: Council members Bunsness, Attachments Johnson, Lunzman, Olson, Remily, Ronayne, Rux, Item: Ordinance amending the City Code regarding conflicts of interest and improper use of public office by council members. Presenters’ Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 19-09-03 regarding conflicts of interest and prohibiting use of public office for private gain. Overview: The Aberdeen City Charter, Sec. 7.01, provides that the use of public office for private gain is prohibited and requires the City Council to adopt regulations that prohibit acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, the acceptance of gifts and other things of value, acting in a private capacity on matters dealt with as a public official, the use of confidential information, and appearances by city officials before other city agencies on behalf of private interests. The sponsors of this amendment believe that changes to the Aberdeen City Code are necessary to instill greater confidence by Aberdeen residents in the decisions and actions of their elected officials and to improve the fair and orderly administration of city government. The proposed amendment more clearly identifies and expands a “direct pecuniary interest” for purposes of determining a conflict of interest and establishes those circumstances by which a council member’s public office would be impermissibly used for private gain. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 19-09-03 Rev 7/09 09/26/2019 Page 42 of 60 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-09-03 AN ORDINANCE AMENDING THE ABERDEEN CITY CODE REGARDING CONFLICTS OF INTEREST AND PROHIBITED ACTIVITIES WHEREAS, the City Council of the City of Aberdeen declares that the proper operation of a republic requires that elected officials be honest, impartial, and responsible to the people and act with integrity, impartiality, and dedication to the best interests of the city and the public trust which they hold, that governmental decisions and policy be made within the proper channels of the governmental structure, that public office not be used for, or give the appearance of being used for, personal gain, and that the public have confidence in the integrity of its government; and WHEREAS, the Aberdeen City Charter, Sec. 7.01, provides that the use of public office for private gain is prohibited and requires the City Council to adopt regulations that prohibit acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, the acceptance of gifts and other things of value, acting in a private capacity on matters dealt with as a public official, the use of confidential information, and appearances by city officials before other city agencies on behalf of private interests; and WHEREAS, the City Council has determined that the following addition to the Aberdeen City Code will instill greater confidence by Aberdeen residents in the decisions and actions of their elected officials and improve the fair and orderly administration of city government. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Sec. 2-2 of Chapter 2 – Administration shall be amended as follows: Page 1 of 4 Ordinance No. 19-09-03 09/26/2019 Page 43 of 60 Sec. 2-2. - Conflicts of interest of mayor or council member. (a) No elected city officialNeither the mayor nor a council member may participate in discussing or vote on any issue in which the official has a conflict of interest, nor may any appointed official take or recommend action the result of which is a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion, voting, action, or recommendation. However, no such official may participate in discussing, voting, acting, or recommending action on an issue if the following circumstances apply: (1) The official has a direct pecuniary interest in the matter before the governing body; or (2) At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter. (b) If the mayor or a council memberan elected official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote. (c) A direct pecuniary interest under this chapter includes, but is not limited to, any contract in which the official derives a direct benefit entered into, or to be entered into, by the city, either for labor or services to be rendered, including professional services, or for the purchase of commodities, materials, supplies, or equipment of any kind, the expense, price, or consideration of which is paid: (1) From municipal funds; (2) From any assessment levied by the city; or (3) From any person who received an allocation of municipal funds, for the calendar year of the commencement of the contract, in an amount exceeding $100,000 or which allocation represents more than 50% of the total revenues of such person. 2. Sec. 2-5 and Sec. 2-6 of Chapter 2 – Administration are hereby created as follows: Sec. 2-5. – Private gain prohibited. (a) Neither the mayor nor any council member may use his or her public office for private gain. (b) Use of an official’s public office for private gain includes but is not limited to the following: Page 2 of 4 Ordinance No. 19-09-03 09/26/2019 Page 44 of 60  (1) Acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public; (2) The acceptance of gifts and other things, other than nominal items not to exceed a cumulative value of $25.00 in a calendar year; (3) Acting in a private capacity on matters dealt with as a public official; (4) The use of confidential information or of information acquired in the performance of official duties that was not made available to the public in accordance with public procurement, open records, or open meeting laws of the state; (5) Appearances by such official before other city agencies on behalf of private interests; (6) Deriving a direct benefit by the official, either by himself or agent, for labor or services to be rendered, including professional services, or for the purchase of commodities, materials, supplies, or equipment of any kind, the expense, price, or consideration which is paid: a. From municipal funds; b. From any assessment levied by the city; or c. In the amount of $5,000 or more in any calendar year cumulatively, from persons who received an allocation of municipal funds, for the calendar year of the commencement of the contract, in an amount exceeding $100,000 or which allocation represents more than 50% of the total revenues of such person; and (7) Deriving a direct benefit by purchasing, either by himself or agent, any real or personal property: a. Belonging to the city; or b. Which shall be sold for municipal taxes or assessments, or by virtue of legal process at the suit of the city. (c) Violation. A violation of this section shall be determined by the governing body. Any such determination constitutes a breach of any conflicts of interest policy adopted by the city council and a breach of the express prohibitions of the Charter. Sec. 2-6. – Direct benefit from contract. For purposes of this chapter, an official derives a direct benefit from a contract if the official, the official's spouse, or any other adult person with whom the official lives or commingles assets: Page 3 of 4 Ordinance No. 19-09-03 09/26/2019 Page 45 of 60  (1) Is a party to or intended beneficiary of the contract; (2) Has more than a five percent ownership interest in an entity that is a party to the contract; (3) Acquires property under the contract; or (4) Will receive from the contracting party compensation, commission, promotion, or other monetary benefit that is directly attributable to the contract. First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer Page 4 of 4 Ordinance No. 19-09-03 09/26/2019 Page 46 of 60 6B 09/26/2019 Page 47 of 60 09/26/2019 Page 48 of 60 6C 09/26/2019 Page 49 of 60 09/26/2019 Page 50 of 60 09/26/2019 Page 51 of 60 09/26/2019 Page 52 of 60 09/26/2019 Page 53 of 60 6D 09/26/2019 Page 54 of 60 09/26/2019 Page 55 of 60 09/26/2019 Page 56 of 60 09/26/2019 Page 57 of 60 09/26/2019 Page 58 of 60 09/26/2019 Page 59 of 60 6E 09/26/2019 Page 60 of 60