Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, OCTOBER 7, 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 SEPTEMBER 30, 2019 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET HEARING DATE OF OCTOBER 21, 2019 AT 5:30 P.M. FOR A SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSE ON DECEMBER 7, 2019 FOR AVERA ST. LUKE’S FOUNDATION DBA “DECK THE HALLS” EVENT AT STEVEN LUST AUTOMOTIVE, 1314 – 6TH AVE., SW B. SET BID DATE OF OCTOBER 22, 2019 AT 2:00 P.M. FOR ABERDEEN GROUND WATER SUPPLY AND EXPANSION SOIL BORINGS FOR HYDROGEOLOGIC INVESTIGATION PROJECT C. LICENSE – TRANSIENT MERCHANT – JOSE GALLARDO DBA FABIAN SEAFOOD CO. D. LOTTERY NOTICE – C.C. CROAL VETERANS OF FOREIGN WARS POST 17 – RECEIVE AND PLACE ON FILE E. SET BID DATE OF OCTOBER 22, 2019 AT 2:00 P.M. FOR ABERDEEN PUBLIC SAFETY GENERATOR REPLACEMENT AND WATER INFILTRATION IMPROVEMENTS PROJECT F. FINANCIAL CLOSE-OUT REPORT FOR AIP PROJECT #3-46-0001-38-2018 ABERDEEN REGIONAL AIRPORT PASSENGER BOARDING BRIDGE 5. NEW BUSINESS A. APPOINTMENT OF MARK HOVEN AS PARKS, RECREATION AND FORESTRY DIRECTOR AS OF NOVEMBER 18, 2019 POSSIBLE APPROVAL CONFIRMING THE APPOINTMENT OF MARK HOVEN AS PARKS, RECREATION AND FORESTRY DIRECTOR AS OF NOVEMBER 18, 2019 AT THE STARTING ANNUAL SALARY OF $90,194.52 AS RECOMMENDED BY THE PARK AND RECREATION BOARD B. APPOINTMENT OF TARAH HEUPEL TO THE ABERDEEN PARK AND RECREATION BOARD FOR A THREE-YEAR TERM ENDING JUNE 30, 2022 POSSIBLE APPROVAL TO APPOINT TARAH HEUPEL TO THE ABERDEEN PARK AND RECREATION BOARD FOR A THREE-YEAR TERM ENDING JUNE 30, 2022 C. ORDINANCE NO. 19-10-02 – ORDINANCE AMENDING THE CITY CODE REGARDING REQUIRED SIDEWALKS POSSIBLE FIRST READING OF ORDINANCE NO. 19-10-02 D. ORDINANCE NO. 19-10-03 – ORDINANCE ADOPTING THE RECODIFICATION OF THE ABERDEEN CITY CODE POSSIBLE FIRST READING OF ORDINANCE NO. 19-10-03 E. REQUEST TO SURPLUS A 2014 CHEVY CAMARO TO STEVEN LUST AUTOMOTIVE FOR A TRADE- IN ON A 2019 CHEVY CAMARO FOR THE POLICE DEPARTMENT POSSIBLE APPROVAL TO SURPLUS THE 2014 CHEVY CAMARO TO STEVEN LUST AUTOMOTIVE FOR THE TRADE-IN ON A 2019 CHEVY CAMARO AS REQUESTED BY THE POLICE DEPARTMENT F. PAYMENT REQUESTS FOR AIRPORT IMPROVEMENT PROJECTS: 1. PAYMENT #14 – AIP #3-46-0001-39-2018 MASTER/LAYOUT PLAN – HELMS & ASSOC. $10,597.48 2. PAYMENT #11 – AIP #3-46-0001-40-2019 TAXIWAY ‘C’ BIDDING PHASE – HELMS & ASSOC. $770.89 POSSIBLE APPROVAL AND AUTHORIZE THE CITY MANAGER TO SIGN THE PAYMENT REQUESTS TO HELMS & ASSOCIATES FOR WORK ON THE AIRPORT PROJECTS 10/04/2019 Page 1 of 33  G. BILLS: APPROVAL OF BILL LIST FOR OCTOBER 7, 2019 H. CITY MANAGER’S REPORT 6. ADJOURN 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. 10/04/2019 Page 2 of 33 10/04/2019 Page 3 of 33 10/04/2019 Page 4 of 33 10/04/2019 Page 5 of 33 10/04/2019 Page 6 of 33 10/04/2019 Page 7 of 33 10/04/2019 Page 8 of 33 10/04/2019 Page 9 of 33 10/04/2019 Page 10 of 33 10/04/2019 Page 11 of 33 10/04/2019 Page 12 of 33  7 10/04/2019 Page 13 of 33 10/04/2019 Page 14 of 33 10/04/2019 Page 15 of 33 10/04/2019 Page 16 of 33 5A 10/04/2019 Page 17 of 33 5B 10/04/2019 Page 18 of 33  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: October 7, 2019 5C Agenda Section New Business Originating City Manager Dept.: Ord. / Res. Ordinance No. 19-10-02 Prepared by: City Attorney No. of 1 Presented by: City Manager Attachments Item: Possible first reading of ordinance amending the City Code regarding required sidewalks. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve first reading of Ordinance No. 19-10-02. Overview: The sidewalk ordinance was amended by the Council in 2018 to address missing sidewalk links within the City. These proposed changes no longer permit an exemption from the requirement and better determine when a sidewalk is required. Ordinance No. 19-10-02 clarifies in the introduction at Section 46-127 that a sidewalk is only required if there is sufficient space within the right-of-way to construct it. The amendment at Section 46-127(1) increases the construction period from 12 months to 18 months to match the length of time for which a building permit is valid. Section 46-128 is revised to eliminate the permanent exemption. The amendment at subsection (b) limits an extension longer than 5 years to the then-owner of the property. It also provides that the minutes of the meeting may be recorded against the property to alert a future owner that a sidewalk could be required on the property. Primary Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: None Attachments: 1. Ordinance No. 19-10-02 10/04/2019 Page 19 of 33 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-10-02 AN ORDINANCE AMENDING THE ABERDEEN CITY CODE REGARDING REQUIRED SIDEWALKS 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 ordinance 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. Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, Article III, shall be amended as follows: Sec. 46-127. – Sidewalks required on adjoining right-of-way. Upon real estate within the city limits where sidewalks do not exist upon the public right-of-way immediately adjacent to the real estate and where the city engineer determines space is available within such right-of-way upon which to construct a sidewalk: (1) New residential and commercial construction. Any owner of such real estate upon which is to be built a new residence or new commercial construction shall have constructed within 1812 months after the issuing of the building permit for such construction sidewalks meeting the specifications contained in section 48-127(5). All other new residential and all new commercial construction must have such sidewalks that conform to section 48-127(5) prior to being issued a certificate of occupancy. 10/04/2019 Page 20 of 33  (2) Replatted lots. Any owner of such real estate of which any portion was replatted after February 9, 2018, shall have constructed within 5 years of the date the plat is filed for record with the register of deeds sidewalks adjacent to lots and unimproved public rights-of-way meeting the specifications contained in section 48-127(5). Every plat of real estate subject to this provision shall be approved by city officials after determining compliance with the subdivision regulation regarding sidewalks adjoining approved public streets. (3) Missing links. Notwithstanding the provisions of subsection (2), where sidewalks exist upon the right-of-way immediately adjacent to a lot which abuts real estate without sidewalks, the city council, upon a finding of public convenience and necessity and notice to construct sidewalks, may require any owner of such real estate to have constructed within the time designated in the notice sidewalks meeting the specifications contained in section 48-127(5). A finding of public convenience and necessity shall take into consideration patterns of use or potential use of the right-of-way by pedestrians and vehicles, the proximity of the right-of-way to schools, churches, public facilities, and arterial streets, and any other factors deemed relevant by the city council. (4) Assessment of costs. The city may cause the construction of a sidewalk if any owner fails to construct the sidewalk as required in this article and assess the costs therefor as provided under SDCL ch. 9-46. Sec. 46-128. - Extensions or exemptions to construct sidewalks. (a) Any owner of real estate subject to section 46-127 may apply to the city engineer for an extension of time in which to construct such sidewalk beyond the time required in section 46-127; provided that no extension may be granted for any length of time greater than an additional 12 months, and provided that such owner submits a suitable bond as security for the construction of such sidewalk. (b) Any owner of real estate subject to section 46-127 may apply to the city council for an exemption from section 46-127, or for a longer extension of time; provided that there does not exist at the time of construction, or will not exist within 12 months after construction, curb and gutter on the public right-of-way immediately adjacent to the lot upon which such construction is to be conducted. Any extension of time longer than 5 years shall terminate upon a transfer of the property to another person. The minutes of any meeting wherein an extension is granted by the city council may be recorded with the register of deeds against such real property. However, notwithstanding the grant of an exemption or extension herein, the city council, upon a later finding of public convenience and necessity and notice to construct sidewalks, may require any owner of real estate to have constructed within the time designated in the notice sidewalks meeting the specifications contained in section 48-127(5). 10/04/2019 Page 21 of 33 First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 10/04/2019 Page 22 of 33  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: October 7, 2019 5D Agenda Section New Business Originating City Attorney Dept.: Ord. / Res. Ordinance No. 19-10-03 Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Possible first reading of ordinance adopting the recodification of the Aberdeen City Code. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve first reading of Ordinance No. 19-10-03. Overview: The Aberdeen City Code was last recodified in 2011, and has been supplemented 12 times since then. Throughout 2019, the Municipal Code Corporation and the City Attorney conducted a comprehensive legal review of the Aberdeen City Code for purposes of submitting to the Council an ordinance in revision of the existing Code. The review identified numerous errors in formatting, spacing, grammar, punctuation, and cross-references, and identified numerous obsolete and redundant provisions no longer consistent with other provisions of the Code or with state law. The new Code book has been printed with the necessary corrections and updates where appropriate. A copy of the new Code book is available for review in the Finance Office. Formal adoption of an ordinance enacting the new Code is required for the recodification to become effective. The Finance Officer is then required to publish a notice of the adoption of the revised ordinances once in the official newspaper. The new Code becomes effective without publication in its entirety in a newspaper 20 days after the completed publication of the notice, unless the referendum is invoked. Primary Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: None Attachments: 1. Ordinance No. 19-10-03 10/04/2019 Page 23 of 33 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 19-10-03 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF ABERDEEN, SOUTH DAKOTA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY OF ABERDEEN: Section 1. The Code entitled "Aberdeen City Code," published by Municipal Code Corporation, consisting of chapters 1 through 60, each inclusive, is adopted. Section 2. All ordinances of a general and permanent nature effective on or before July 17, 2019, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a by a penalty not exceeding the maximum fine and imprisonment allowed by state law for a Class 2 misdemeanor, Except as otherwise provided by law or ordinance: (i) with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense; and (ii) with respect to other violations, each act constitutes a separate offense.. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. 10/04/2019 Page 24 of 33 Section 6. Ordinances effective after July 17, 2019, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 10/04/2019 Page 25 of 33 5E 10/04/2019 Page 26 of 33 5F1 10/04/2019 Page 27 of 33 10/04/2019 Page 28 of 33 10/04/2019 Page 29 of 33 5F2 10/04/2019 Page 30 of 33 10/04/2019 Page 31 of 33 10/04/2019 Page 32 of 33 5G 10/04/2019 Page 33 of 33