Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, NOVEMBER 4, 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 OCTOBER 28, 2019 4. PROCLAMATIONS: 1. AMERICAN DIABETES MONTH – NOVEMBER, 2019 2. RECOGNITION OF ANNUAL SALE OF BUDDY POPPIES BY THE VETERANS OF FOREIGN WARS TO “HONOR THE DEAD BY HELPING THE LIVING” OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA A. QUARTERLY REPORT PRESENTATION – ABERDEEN CONVENTION & VISITOR’S BUREAU 5. CONSENT CALENDAR – POSSIBLE APPROVAL: A. SET HEARING DATE OF NOVEMBER 18, 2019 AT 5:30 P.M. FOR A RETAIL ON-OFF SALE MALT BEVERAGE AND SD FARM WINE LICENSE FOR ALLEVITY ENTERTAINMENT, LLC DBA 130 CENTENNIAL ST. S. B. SET BID DATE OF NOVEMBER 19, 2019 AT 2:00 P.M. FOR BIDS ON THE 2019 RIVERSIDE LIFT STATION PUMP RENOVATIONS - UTILITY WATER DEPARTMENT C. SET HEARING DATE OF NOVEMBER 25, 2019 AT 5:30 P.M. FOR A PETITION TO REZONE THE PROPERTY DESCRIBED AS LOT 3, HAGERTY’S RESUBDIVISION IN ABERDEEN, SD (601 – SECOND AVE., SE) FROM (R-3) DISTRICT TO (R-3)/(HC) DISTRICTS D. LICENSES: 1. PLUMBING-SPECIAL LIMITED – DAMON WHEELHOUSE DBA ALLIED PLUMBING & HEATING 2. TAXI CAB DRIVER – JOSHUA BERRETH 3. TAXI CAB DRIVER – MARIO MONTEVERDE E. LOTTERY NOTICE – HUB CITY WOMEN OF TODAY – RECEIVE AND PLACE ON FILE 6. NEW BUSINESS A. LICENSE – RESIDENTIAL BUILDING CONTRACTOR – SILAS WILSON POSSIBLE APPROVAL OR DENIAL OF LICENSE B. PUBLIC HEARING AND DISCUSSION REGARDING THE TENTATIVE DRAFT OF THE CHARTER REVISION SUBCOMMITTEE C. PURCHASE OF A CATERPILLAR 289D3 C3H2 MTL SKID STEER LOADER FROM BUTLER MACHINERY FOR THE UTILITY DEPARTMENT POSSIBLE APPROVAL TO PURCHASE A CATERPILLAR SKID STEER LOADER FROM BUTLER MACHINERY OF ABERDEEN, SD IN THE AMOUNT OF $63,656.77 FOR THE UTILITY DEPARTMENT D. CHANGE ORDER #4 AND PAY ESTIMATE #5 – MILL AND OVERLAY IMPROVEMENT – JENSEN ROCK & SAND INC. POSSIBLE APPROVAL OF CHANGE ORDER #4 IN THE AMOUNT OF $78.90 AND PAY ESTIMATE #5 IN THE AMOUNT OF $76,642.08 TO JENSEN ROCK & SAND INC. FOR WORK ON THE MILL AND OVERLAY IMPROVEMENT PROJECT 10/31/2019 Page 1 of 62  E. EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL OR REVIEW COMMUNICATIONS FROM LEGAL COUNSEL ABOUT PROPOSED OR PENDING LITIGATION OR CONTRACTUAL MATTERS {SDCL §1-25-2(3)} F. PARKING DISTRICT ASSESSMENT REFUND AND RESOLUTION OF REFUND CLAIM POSSIBLE APPROVAL OF REFUND OF PAID 2019 PARKING DISTRICT ASSESSMENTS ON CERTAIN PROPERTIES IN THE TOTAL AMOUNT OF $27,655.56, AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM APPROVED BY THE CITY ATTORNEY, RESOLVING SUCH REFUND CLAIM WITH THE CLAIMANT G. BILLS: APPROVAL OF BILL LIST FOR NOVEMBER 4, 2019 H. 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. 10/31/2019 Page 2 of 62 10/31/2019 Page 3 of 62 10/31/2019 Page 4 of 62 10/31/2019 Page 5 of 62 10/31/2019 Page 6 of 62 10/31/2019 Page 7 of 62 10/31/2019 Page 8 of 62 10/31/2019 Page 9 of 62 10/31/2019 Page 10 of 62 10/31/2019 Page 11 of 62 10/31/2019 Page 12 of 62 10/31/2019 Page 13 of 62 10/31/2019 Page 14 of 62 10/31/2019 Page 15 of 62 10/31/2019 Page 16 of 62 10/31/2019 Page 17 of 62 10/31/2019 Page 18 of 62 10/31/2019 Page 19 of 62 10/31/2019 Page 20 of 62 10/31/2019 Page 21 of 62 6A 10/31/2019 Page 22 of 62 10/31/2019 Page 23 of 62  City of Aberdeen Request for Council Action Agenda Item Meeting Date: November 4, 2019 6B Agenda Section New Business Originating Dept: City Council Ord. / Res. Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Public hearing and discussion regarding the Tentative Draft of the Charter Revision Subcommittee. City Manager’s Proposed Action: The Council seeks comments from the public and will discuss the Tentative Draft with primary emphasis on the proposed revision to Sec. 2.04. Compensation. No formal action of the Council is proposed but, having placed the matter on the agenda, the Council may take such action and approve such motions as it deems appropriate. Overview: The Council created a Charter Review Subcommittee to review and study the Charter and make recommendations to the Council for possible amendments. The Subcommittee formally submitted a Tentative Draft of proposed revisions to the Council on August 19, 2019. A Council work session on September 16, 2019, resulted in the Council’s desire to hold a public hearing to receive input on the Tentative Draft, and particularly on the recommended change to the manner in which council member salaries are set at Sec. 2.04. The Tentative Draft shows all changes in redlined format. Any proposed deletion is shown as a strikethrough. Any proposed addition is underlined. A blue text box explaining the proposed change follows each section for which a change is recommended. The Council is seeking public comment on the recommended changes before it moves forward with adopting an Ordinance. Any Ordinance proposing amendments to the City Charter must be submitted to the voters of the City for their approval before it becomes effective. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Executive Summary followed by Tentative Draft (August 2019) {00056439.DOCX / 1} Rev 7/09 10/31/2019 Page 24 of 62  EXECUTIVE SUMMARY OF THE TENTATIVE DRAFT OF RECOMMENDED REVISIONS TO THE ABERDEEN CITY CHARTER The City Council tasked the Charter Revision Subcommittee to study and review the Aberdeen City Charter and recommend any revisions the Subcommittee determined to be appropriate. This is the first formal review of the Charter since it was adopted by the voters in 2004. The efforts of the Subcommittee resulted in a tentative draft of recommended changes which it submitted to the City Council on August 19, 2019. Any Ordinance proposing amendments to the City Charter must be submitted to the voters of the City for their approval before it becomes effective. The Council is seeking public comment on the recommended changes before it moves forward with adopting an Ordinance. The Council’s first work session to discuss the recommended changes was held on September 16, 2019. A public hearing will be held on November 4, 2019, at 5:30 p.m. in City Council chambers at the Municipal Building to receive comments from any interested persons. The Council may hold additional hearings before an Ordinance is introduced to the Council for first reading. The Tentative Draft shows all changes in redlined format. Any proposed deletion is shown as a strikethrough. Any proposed addition is underlined. A blue text box explaining the proposed change follows each section for which a change is recommended. The Tentative Draft of the Subcommittee proposes to amend the existing Charter with the following categories of changes:  Housekeeping changes correcting or clarifying typographical, punctuation, and grammatical errors, misspelled words, incorrect letter case, incorrect singular and plural word forms, correction of omitted, extra, redundant, and repeated words or phrases, and incorrect or omitted references.  Elimination or modification of obsolete language regarding the transition from the commissioner to the city manager form of city government.  Revising when council member salaries may be established.  Clearly identifying the duties, appointment, and supervision of the finance officer and the city attorney and placing both officials under the City Council article of the Charter.  Deleting specific terms of a misdemeanor punishment and permitting punishment according to law. 10/31/2019 Page 25 of 62   Clarifying that roll call votes are required for ordinances, resolutions, and expenditures or appropriations of money according to state law.  Deleting the requirement that any lease of city land for a period longer than one year be by ordinance as state law only requires that such leases be by resolution.  Requiring appointed council members to be subject to the same conditions of office as an elected council member.  Removing a misplaced margin and line break in order to clarify the manner of proposing an amendment to the Charter by a voter petition. A copy of the Tentative Draft may be obtained at the City Attorney’s Office. You are invited to attend the public meeting on the Charter revision and to submit your written comments to the City Attorney’s Office, 123 S. Lincoln St., Aberdeen, SD 57401, or via email to any of the following individuals: City Attorney: Ron Wager: ron.wager@aberdeen.sd.us Council Members: Travis Schaunaman, Mayor: travis.schaunaman@aberdeen.sd.us David Bunsness, SW District: david.bunsness@aberdeen.sd.us Alan Johnson, SW District: alan.johnson@aberdeen.sd.us Dave Lunzman, NW District: dave.lunzman@aberdeen.sd.us Josh Rife, NW District: josh.rife@aberdeen.sd.us Dennis “Mike” Olson, SE District: mike.olson@aberdeen.sd.us Clint Rux, SE District: clint.rux@aberdeen.sd.us Mark Remily, NE District: mark.remily@aberdeen.sd.us Rob Ronayne, NE District: rob.ronayne@aberdeen.sd.us 10/31/2019 Page 26 of 62  TENTATIVE DRAFT OF RECOMMENDED REVISIONS TO THE ABERDEEN CITY CHARTER AS PREPARED BY THE CHARTER REVISION SUBCOMMITTEE OF THE ABERDEEN CITY COUNCIL (August 2019) ABERDEEN HOME RULE CHARTER PREAMBLE We the people the [sic] of the City of Aberdeen, South Dakota, in order to establish a more representative and effective government do adopt this Charter in accordance with the Home Rule power granted in Article DCIX, Section 2 of the South Dakota Constitution and the procedural requirements of SDCL Chapter 6-12. The housekeeping changes to the Preamble include deleting the word “the” and the printer’s mark and correcting the reference to Home Rule power as granted by Article IX of the S.D. Constitution. ARTICLE I. - POWERS OF THE CITY Sec. 1.01. Powers of the City. The city shall have all powers possible for a city to have under the Constitutions and laws of the State of South Dakota and the United States as fully and completely as though they were specifically enumerated in this charter. Sec. 1.02. Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article. Page 1 of 26 10/31/2019 Page 27 of 62 Sec. 1.03. Intergovernmental Relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies. The city retains and reserves its right to Joint Exercise of Governmental Powers as set forth in SDCL Title 1. Further, the city adopts and ratifies each and every contract and agreementsagreement entered into by virtue of that power under any prior city organization or form of government. The housekeeping change to Sec. 1.03 corrects a plural reference to singular. Sec. 1.04. Limitations. Nothing in this charter shall be construed to permit the Citycity to do any of the following: (1) Levy a personal or corporate income tax, (2) Issue more liquor licenses, (3) Permit increased gaming, or (4) Incur additional debt, unless and except to the extent otherwise authorized to any Citycity established as a SDCL Title 9 authorized form of Citycity government or any other act prohibited by SDCL 6-12-6. The housekeeping change to Sec. 1.04 applies the lower case form for nouns. Sec. 1.05. New Taxes. Any new form or type of taxation, which is approved by the City Councilcity council, must be referred to a vote of the people before it can become effective. This does not apply to new or increased fees or increases in existing taxes including by way of illustration, and not in limitation, sales, use or other ad valorem taxes on internet sales or purchases. The housekeeping change to Sec. 1.05 applies the lower case form for nouns. ARTICLE II. - CITY COUNCIL Sec. 2.01. General Powers and Duties. All powers of the city shall be vested in the city council, except as otherwise provided by law or this charter and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. The Councilcouncil shall act as a part- time, policy making and legislative body, avoiding management and administrative issues. The housekeeping change to Sec. 2.01 applies the lower case form for nouns. Page 2 of 26 10/31/2019 Page 28 of 62 Sec. 2.02. Composition, Eligibility, Election and Terms. (a) Composition. There shall be a city council composed of the mayor and eight members; the. The council members shall be elected by the voters of the city according to districts established in §6.03 and the mayor shall be elected as provided in §2.03. (b) Eligibility. Only registered voters of the city shall be eligible to hold office of council member or mayor. (c) Election and Terms. The regular election of council members shall be held on the first Tuesday of June, in the manner provided by law. At the first election under this charter councilCouncil members shall be elected to terms that are staggered so as to provide continuity in future council membership as established in §6.03. Thereafter, allAll council members shall be elected for five-year terms. The terms of council members shall begin on the first day of July after their election, unless it is a special election, then the first day of an official's term would begin on the first day of the month following the special election or immediately if it is to fill a vacancy. (d) Continuation in office. The mayor and each other council member, upon the successful adoption of this Charter by the voters of the City of Aberdeen, shall continue in office for the remainder of his or her respective term. The remaining commissioners shall remain in office until an election is held pursuant to the districting commission established in §6.03 can be [sic] completed. It is intended that the districting commission shall establish districts prior to the regularly scheduled general city election in June. (e) Powers and duties. The council by ordinance shall establish the powers and the duties of the council and of the mayor in addition to those assigned by this Chartercharter. The change to Sec. 2.02: (1) makes housekeeping changes to apply the lower case form for nouns and to correct a punctuation omission; and (2) deletes obsolete language regarding the transition from the commission form to city manager form of government after the voters adopted the Charter in 2004. Sec. 2.03. - Mayor. (a) Term. At each regular election a mayor shall be elected for a term of five years, when the mayor's term is to expire in that year. (b) Duties Prior to Appointment of a City Manager. (1) The mayor shall serve as the city manager in terms of duties until the expiration of his or her term. At the expiration of his or her term, a city manager will be appointed to take over such duties. The duties are outlined in §3.04 herein. (2) Upon election of the new council after adoption of this charter, the mayor would not vote except in cases of a tie. (3) The mayor shall be a member of the city council and shall preside at meetings of the council, represent the city in intergovernmental relationships, appoint with the advice and consent of the council the members of citizens' advisory boards and Page 3 of 26 10/31/2019 Page 29 of 62  commissions, present an annual state of the city message, and perform other duties specified by the council. (4) The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law. The council shall elect from among its members a deputy mayor who shall act as mayor, for ceremonial purposes but shall not assume the duties outlined in §3.04 herein unless a vacancy occurs, during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term but would require the appointment of the city manager as expediently as possible. (5) The term mayor may be substituted in sections referring to city manager during the continuation term of the mayor prior to the actual appointment of a city manager. (c) Duties of Mayor upon Appointment of City Manager. (1) The mayor shall be a member of the city council including the power to vote and in addition shall preside at meetings of the council, represent the city in inter- governmental relationships, appoint with the advice and consent of the council the members of citizens advisory boards and commissions, present an annual state of the city message, and perform other duties specified by the council. (2) The mayor shall be recognized as the head of the city government for all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties. (3) The council at the first regular meeting each July shall elect from among its members a deputy mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs, shall become mayor for the remainder of the unexpired term. The change to Sec. 2.03: (1) deletes obsolete language regarding the transition from the commission form to city manager form of government after the voters adopted the Charter in 2004; and (2) establishes an annual election for the deputy mayor. Sec. 2.04. Compensation; Expenses. The city council may determine the annual salary of the mayor and council members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election. The mayor and council members shall receive their actual and necessary expenses incurred in the performance of their duties of office. The change to Sec. 2.04 deletes the effective date of an ordinance increasing mayor or council member salaries. The current salaries of $15,000 for the mayor and $8,500 for the council members have not changed since the voters adopted the Charter in 2004. Sec. 2.04 as it currently exists is vague and can be interpreted to require that any salary increase be delayed until a council member is elected at the next general election for that council member’s seat. The 5-year terms of the nine council members are Page 4 of 26 10/31/2019 Page 30 of 62  staggered to commence on different years. Under the current section, an individual council member could serve nearly an entire 5-year term without receiving the salary increase paid to the other council members. The change to Sec. 2.04 clarifies this ambiguity and would permit a salary increase to become effective for all council members on the date determined by the ordinance. Sec. 2.05. Prohibitions. (a) Holding Other Office. Except where authorized by law, no council member shall hold any other elected public office during the term for which the member was elected or appointed to the council. No council member shall hold any other city office or employment during the termsterm for which the member was elected or appointed to the council. No former council member shall hold any compensated appointive office or employment with the city until one year after the expiration of the term for which the member was elected toserved on the council unless such position existed prior to term expiration or resignation of the member or was created by this charter. Nothing in this section shall be construed to prohibit the council from selecting any current or former council member to represent the city on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. This provision would not be a power available to the mayor serving the conclusion of their term prior to the appointment of a city manager. (c) Interference with Administration. Except for the purpose of inquiries and investigations, under §2.0910, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the mayorcity manager solely through the mayor [sic] [city manager] and neither the council nor its members shall give orders to any such officer or employee either publicly or privately. The change to Sec. 2.05: (1) makes a housekeeping change to correct a plural reference to singular; (2) includes an appointed council member in the prohibitions applicable to an elected council member; (3) corrects a renumbered cross-reference; and (4) deletes obsolete language regarding the transition from the commission form to city manager form of government after the voters adopted the Charter in 2004. Sec. 2.06. Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A council member shall forfeit that office if the council member: (1) lacks at any time during the term of office for which elected or appointed any qualification for the office prescribed by this charter or by law, Page 5 of 26 10/31/2019 Page 31 of 62  (2) violates any express prohibition of this charter, (3) is convicted of a felony, (4) fails to attend three consecutive regular meetings of the council without being excused by the council, or (5) fails to attend at least sixty percent (60%) of the regular meetings of the council during a fiscal year without being excused by the council. (c) Filling of Vacancies. A vacancy in the office of mayor or in the city council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than 60 days upon the occurrence of the vacancy, but the Councilcouncil by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. Notwithstanding the requirement in §2.1112, if at any time the membership of the council is reduced to less than 5, the remaining members may by majority action appoint additional members to raise the membership to raise the membership to 5. (d) Recall. The power of recall of the mayor or council members shall be allowed as set forth in SDCL Title 9, as amended from time to time. The change to Sec. 2.06: (1) includes an appointed council member as required to be qualified for the office during the term; (2) applies the lower case form for nouns; (3) corrects a renumbered cross-reference; and (4) makes a housekeeping change to delete a repetitive phrase. Sec. 2.07. Judge of Qualifications and Forfeiture. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The council shall have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week (7 days) in advance of the hearing. Decisions made by the council under this section shall be subject to judicial review. Sec. 2.08. Finance Officer. The city council shall appoint an officer of the city who shall have the title ofThere shall be a finance officer of the city appointed and supervised by the city council. The finance officer shall give notice of council meetings to its members and the public, keep the journal of its proceedings, and perform such other duties as are assignedprescribed by this charter or, by the council, by ordinance, or by state law. The change to Sec. 2.08 clarifies the appointment, supervision, and duties of the finance officer. Page 6 of 26 10/31/2019 Page 32 of 62 Sec. 2.09 City Attorney. There shall be a city attorney appointed and supervised by the city council. The city attorney shall serve as chief legal adviser to the city council, the city manager, and all city departments, offices, and agencies, represent the city in all legal proceedings, and perform such other duties prescribed by this charter, by the council, by ordinance, or by state law. A new Sec. 2.09. City Attorney is created which incorporates the substance of Sec. 4.03. Legal Officer, employs the statutory name of city attorney to the office, and provides for the appointment, supervision, and duties of the city attorney. Sec. 2.09.2.10. Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a misdemeanor punishable by a fine of not more than $200.00, or by imprisonment for not more than 30 days or both.according to law. Sec. 2.09. Investigations is renumbered as Sec. 2.10 and changed to provide for a misdemeanor punishment as provided by state law, which the state legislature may amend from time to time. Sec. 2.1011. Independent Audit. The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits, as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. Sec. 2.10 is renumbered as Sec. 2.11. Sec. 2.1112. Procedure. (a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by ordinance. Special meetings may be held on the call of the mayor or of 2 or more members and, whenever practicable, upon no less than three hours notice to each member. Except as allowed by state law, all meetings shall be public; however, the council may recess for the purpose of discussing in a closed or executive session on any matter which would tend to defame or prejudice the character or reputation of any person, if the general subject matter for consideration is expressed in the motion calling for such session and final action on such motion inis not taken by the council until the matter is placed on the agenda. (b) Rules and Journal. The city council shall determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record. The journal may also be referred to as the Minutes of the Councilcouncil. Page 7 of 26 10/31/2019 Page 33 of 62  (c) Voting. Voting, except on procedural motions, shall be by roll call upon the passage of all ordinances and the ayesresolutions and naysupon any proposal to expend or appropriate money and in all other cases at the request of any member, and shall be recorded in the journal. A majority of the voting members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to penalties prescribed by the rules of the council. No action of the council, except as otherwise provided in the preceding sentence and in §2.06, shall be valid or binding unless adopted by the affirmative vote of a majority of those present or more members of the council.. The change to Sec. 2.11: (1) renumbers the section to Sec. 2.12; (2) makes housekeeping changes to correct “in” to “is”, apply the lower case form for nouns, and delete a nonsensical phrase; and (3) clarifies that voting shall be by roll call upon those matters so required by state law. Sec. 2.1213. Action Requiring Ordinance. In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency; (2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (3) Levy taxes; (4) Grant, renew or extend a franchise; (5) Regulate the rate charged for its services by a public utility; (6) Authorize the borrowing of money; (7) Convey or lease or authorize the conveyance or lease for a period of longer than one (1) year of any lands of the city; (8) Regulate land use and development; (98) Amend or repeal any ordinance previously adopted; and (109) Establish and regulate the conduct of elections. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution. The change to Sec. 2.12: (1) renumbers the section to Sec. 2.13; (2) deletes the requirement that leases of city lands longer than one year be by city ordinance. Such a requirement is unduly burdensome and not required by state law, and use of the word “lands” is vague Page 8 of 26 10/31/2019 Page 34 of 62  in the context of square footage spaces leased by the city, particularly at the Aberdeen Regional Airport property; and (3) renumbers the subsections thereafter. Sec. 2.1314. Ordinances and Resolutions in General. City ordinances and resolutions shall be introduced, published, enacted, recorded, and codified as provided in state law; however, the City Councilcity council may by ordinance amend such requirements. The change to Sec. 2.13: (1) renumbers the section to Sec. 2.14; and (2) applies the lower case form for nouns. Sec. 2.1415. Emergency Ordinances. To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in §5.07(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least sixty percent of the members present shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to §5.07(b) shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Sec. 2.14 is renumbered as Sec. 2.15. Sec. 2.1516. Codes of Technical Regulations. The city council may adopt any standard code of technical regulations by reference hereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of §2.1317 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the finance officer pursuant to §2.16(a).17. Page 9 of 26 10/31/2019 Page 35 of 62 Copies of any adopted code of technical regulations shall be made available by the finance officer for distribution or for purchase at a reasonable price. The change to Sec. 2.15: (1) renumbers the section to Sec. 2.16; and (2) corrects the cross-references therein. Sec. 2.1617. Authentication and Recording; Codification; Printing. (a) Authentication and Recording. The finance officer shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the city council. (b) Codification. Within three years after adoption of this charter and at least every ten years thereafter, the city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly in bound or loose- leaf form, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the state of South Dakota, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Aberdeen city codeCity Code. Copies of the code shall be furnished to city officers, placed in libraries and public offices for free public reference and made available for purchase by the public at a reasonable price fixed by the council. (c) Printing of Ordinances and Resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the council. Following publication of the first Aberdeen City Code and at all times thereafter, the ordinances, resolutions and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution and other laws of the state of South Dakota, or the codes of technical regulations and other rules and regulations included in the code. The change to Sec. 2.16: (1) renumbers the section to Sec. 2.17; and (2) capitalizes the reference to the Aberdeen City Code. ARTICLE III. - CITY MANAGER Sec. 3.01. Appointment; Qualifications; Compensation. The city council by a majority vote of its total membership shall appoint a city manager for an indefinite term and fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the council. This appointment shall be made effective at the conclusion of the current mayor's term. (Cross-reference: See §2.02(d)) Page 10 of 26 10/31/2019 Page 36 of 62  The change to Sec. 3.01 deletes obsolete language regarding the transition from the commission form to city manager form of government after the voters adopted the Charter in 2004. Sec. 3.02. Removal. The city manager may be suspended by a resolution approved by the majority of the total membership of the city council which shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city manager. The city manager shall have fifteen days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days or later than fifteen days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the city council by a majority vote of its total membership may adopt a final resolution of removal. The city manager shall continue to receive full salary until the effective date of a final resolution of removal. Sec. 3.03. Acting City Manager. By letter filed with the finance officer, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. Sec. 3.04. Powers and Duties of the City Manager. The city manager shall be the chief administrative officer of the city, responsible to the Councilcity council for the administration of all city affairs placed in the manager's charge by or under this charter. The city manager shall: (1) Appoint and, when necessary for the good of the service, suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, office and agencies of the city, except as otherwise provided by this charter of [or] by law; (3) Attend all city council meetings. The city manager shall have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter and acts of the city council subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; Page 11 of 26 10/31/2019 Page 37 of 62  (7) Make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the mayor and council members; (11) Submit updates annually on the date specified by the city council a five-year capital program in such form as the Citycity manager deems desirable or the Councilcouncil may require; (12) Submit updates annually on the date specified by the City Councilcity council a five-year financial plan in such form as the Citycity manager deems desirable or the council may require; (13) Sign all warrants for the payment of money, and the same shall be countersigned by the Clerkfinance officer, but no warrant shall be issued until the claim therefor has been approved by the City Councilcity council, except as may be otherwise provided by ordinance or resolution; and (14) Perform such other duties as are specified in this charter or may be required by the city council. The change to Sec. 3.04: (1) corrects a nonsense phrase by replacing “of” with “or”; (2) applies the lower case form for nouns; and (3) replaces “clerk” with “finance officer”. ARTICLE IV. - DEPARTMENTS, OFFICES AND AGENCIES Sec. 4.01. General Provisions. (a) Creation of Departments. The city council may establish city departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the city manager. With the consent of the council, the city manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them. The appointment by the city manager of any officer or employee having final authority over more than five (5) percent of the city's employees or budget shall only be effective with the advice and consent of the council. Page 12 of 26 10/31/2019 Page 38 of 62 Sec. 4.02. Personnel System. (a) Merit Principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. (b) Merit System. Consistent with all applicable federal and state laws with, the city council shall provide by ordinance for the establishment, regulation and maintenance of a merit system governing personnel policies necessary to effective administration of the employees of the city's departments, offices and agencies, including but not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. The change to Sec. 4.02 deletes “with” and corrects the transition to the city council. Sec. 4.03. Legal Officer. There shall be a legal officer of the city appointed by the city council. The legal officer shall serve as chief legal adviser to the city council, the city manager and all city departments, offices and agencies shall represent the city in all legal proceedings and shall perform any other duties prescribed by state law, by this charter or by ordinance. Sec. 4.03. Legal Officer is transferred to ARTICLE II. – CITY COUNCIL and revised as new Sec. 2.09. City Attorney. Sec. 4.04.4.03 Planning. Consistent with all applicable federal and state laws with respect to land use, development and environmental protection, the city council shall: (1) Designate an agency or agencies to carry out the planning function and such decision-making responsibilities as may be specified by ordinance; (2) Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; and (3) Adopt development regulations, to be specified by ordinance, to implement the plan. Sec. 4.04 is renumbered as Sec. 4.03. ARTICLE V. - FINANCIAL PROCEDURES Sec. 5.01. Fiscal Year. The fiscal year of the city shall begin on the first day of January and end on the last day of December. Sec. 5.02. Submission of Budget and Budget Message. Page 13 of 26 10/31/2019 Page 39 of 62  On or before the first day of August each year, the city manager shall submit to the city council a budget for the ensuing fiscal year and an accompanying message. Sec. 5.03. Budget Message. The city manager's message shall explain the budget both in fiscal terms and in terms of the work programs. It shall outline the proposed financial policies of the city for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues together with the reasons for such changes, summarize the city's debt position and include such other material as the city manager deems desirable. Sec. 5.04. Budget. The budget shall provide a complete financial plan of all city funds and activities for the ensuing fiscal year and, except as required by law or this charter, shall be in such form as the city manager deems desirable toor the city council may require [sic]. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections: (1) The proposed goals and objectives and expenditures for current operations during the ensuing fiscal year, detailed for each fund by organization unit, and program, purpose or activity, and the method of financing such expenditures; (2) Proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organization unit when practicable, and the proposed method of financing each such capital expenditure; and (3) The anticipated income and expense and profit and loss for the ensuing year for each utility or other enterprise fund operated by the city. For any fund, the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, exclusive of reserves. The change to Sec. 5.04 corrects a nonsense phrase by replacing “to” with “or” and deletes the printer’s mark. Sec. 5.05. City Council Action on Budget. (a) Notice and hearing. The city council shall publish in one or more newspapers of general circulation in the city the general summary of the budget and a notice stating: (1) The times and places where copies of the message and budget are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for a public hearing on the budget. Page 14 of 26 10/31/2019 Page 40 of 62  (b) Amendment before Adoption. After the public hearing, the city council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income. (c) Adoption. The city council shall adopt the budget on or before the 30th day of September of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the city manager shall go into effect. Sec. 5.06. Appropriation and Revenue Ordinance. To implement the adopted budget, the city council shall adopt, prior to the beginning of the ensuing fiscal year: (a1) Appropriation Ordinance. An appropriation ordinance making appropriations by department or major organizational unit and authorizing a single appropriation for each program or activity; shall, no later than its first regular meeting in September of year or within 10 days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities of the municipality. The ordinance shall specify the function and subfunctionsub- function as prescribed by the department of legislative audit for which the appropriations are made and the amount appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than the last day of December of each year; and (b2) Tax Levies and Rates. A tax levy ordinance authorizing the property tax levy or levies and setting the tax rate or rates; and (c3) Other Ordinances. Any other ordinances required to authorize new revenues or to amend the rates or other features of existing taxes or other revenue sources. The change to Sec. 5.06: (1) renumbers the subsections to be consistent with the publisher’s numbering format; (2) deletes “of year” as unnecessary; and (3) replaces “subfunctions” with the hyphenated word “sub-functions.” Sec. 5.07. Amendments after Adoption. (a) Supplemental Appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the city council may make emergency appropriations. Such Page 15 of 26 10/31/2019 Page 41 of 62 appropriations may be made by emergency ordinance in accordance with the provisions of §2.1415. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the council may be made by such emergency ordinance authorize [sic] the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. (c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager/mayor that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager/mayor shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the city manager and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may be [by] ordinance reduce one or more appropriations. (d) Transfer of Appropriations. At any time during the fiscal year the city council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unitsunit. The city manager may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the council in writing in a timely manner. (e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. The change to Sec. 5.07: (1) corrects a renumbered cross-reference; (2) corrects a nonsense phrase by deleting “be made” and deletes the printer’s mark; (3) replaces “be” with “by”; and (4) corrects a plural reference to singular. Sec. 5.08. Lapse of Appropriations. Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until expended, revised or repealed; the purpose of any such appropriation shall be deemed abandoned if twothree years pass without any disbursement from or encumbrance of the appropriation. The change to Sec. 5.08 is made at the recommendation of the finance officer and reduces the lapse period for a capital expenditure from three years to two years. Sec. 5.09. Administration of Budget. The city council shall provide by ordinance the procedures for administering the budget. Page 16 of 26 10/31/2019 Page 42 of 62 Sec. 5.10. Overspending of Appropriations Prohibited. No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the city manager or his or her designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment of incurring of obligation in violation of the provisions of this charter shall be void and any payment so made illegal. A violation of this provision shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation. Such officer may also be liable to the city for any amount so paid. Except where prohibited by law, however, nothing in this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance. Sec. 5.11. Capital Program. (a) Submission to City Council. The city manager shall prepare and submit to the city council a five year capital program no later than the final date for submission of the budget. (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing, upon which each capital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. Sec. 5.12. City Council Action on Capital Program. (a) Notice and hearing. The city council shall publish in one or more newspapersnewspaper of general circulation in the city the general summary of the capital program and a notice stating: (1) The times and places where copies of the capital program are available for inspection by the public, and (2) The time and place, not less than two weeks after such publication, for a public hearing on the capital program. Page 17 of 26 10/31/2019 Page 43 of 62  (b) Adoption. The city council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the first day of December for the following fiscal year. The change to Sec. 5.12 corrects a plural reference to singular. Sec. 5.13. Public Records. Copies of the budget, capital program and appropriation and revenue ordinances shall be public records and shall be made available to the public at suitable places in the city. ARTICLE VI. - ELECTIONS Sec. 6.01. City Elections. (a) Regular Elections. The regular city election shall be held at the time established by state law. The date of the election shall be established by an ordinance of the city council. (b) Registered Voter defined. All citizens legally registered under the constitution and laws of the state of South Dakota to vote in the city shall be registered voters of the city within the meaning of this charter. (c) Conduct of Elections. The provisions of the general election laws of the state of South Dakota shall apply to elections held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of city elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the city council shall adopt ordinances consistent with law and this charter, and the election authorities may adopt further regulations consistent with law and this charter and the ordinances of the council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally. Sec. 6.02. Initiative and Referendum. The powers of initiative and referendum are hereby reserved to the electors of the city unless otherwise allowed by state law. The provisions of the election law of the state of South Dakota, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this charter. Sec. 6.03. Council Districts: Adjustment of Districts. (a) Number of Districts. There shall be four (4) city council districts. (b) Districting Commission; Composition; Appointment; Terms; Vacancies; Compensation. (1) There shall be a districting commission consisting of five (5) members. No more than three (3) commission members may belong to the same political party. The city council shall appoint four (4) members. These four (4) members shall, with Page 18 of 26 10/31/2019 Page 44 of 62  the affirmative vote of at least three (3), choose the fifth member who shall be the chairperson. (2) No member of the commission shall be employed by the city or hold any other elected or appointed position in the city. (3) Appointment of Initial Districting Commission: The city council shall appoint the commission no later than one (1) month after the general election approving this charter to determine and present an initial districting plan prior to the first general election of the city council after approval of this Charter. (4) Appointment of Later Districting Commissions: Thereafter, a commission shall be appointed within six (6) months after the federal decennial census shall be made available or data shows increase of fifteen (15) percent. (5) The commission's term shall end upon adoption of a districting plan, as set forth in §6.03(c). (6) In the event of a vacancy on the commission by death, resignation, or otherwise, the city council shall appoint a new member enrolled in the same political party from which his or her predecessor was selected, to serve the balance of the term remaining. (7) No member of the districting commission shall be removed from office by the city council except for cause and upon notice and hearing. (8) The member of the commission shall serve without compensation except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges. (9) The commission may hire or contract for necessary staff and may require agencies of city government to provide technical assistance. The commission shall have a budget as provided by the city council. (c) Powers and Duties of the Districting Commission; Hearings, Submissions, and Approval of Plan. (1) Following each decennial census or upon reliable evidence that the city's population has increased more than 15% since the last redistricting, the commission shall consult the city council and shall prepare a plan for dividing the city into districts for the election of council members. In preparing the plan, the commission shall be guided by the criteria set forth in §6.03(d). The report on the plan shall include a map and description of districts recommended. (2) The commission shall hold one (1) or more public hearings before it submits the plan to the city council. The commission shall make its plan available to the public for inspection and comment not less than thirty (30) days before its public hearing. Page 19 of 26 10/31/2019 Page 45 of 62  (3) Initial Districting Commission Plan Presentation: The commission shall submit its plan to the city council not less than three (3) months before the first general election of the city council. (4) Later Districting Commission Plan Presentation: The commission shall submit its plan to the city council not less than nine (9) months before the first general election of the city council after each decennial census. The commission shall submit its plan to the city council not less than three (3) months before the first general election of the city council after the adoption of this charter. (5) The plan shall be deemed adopted by the city council unless disapproved within 21 days by a vote of the majority of all members of the city council. If the city council fails to adopt the plan, it shall return the plan to the commission with its objections, and with the objections of individual members or [of] the council. (6) If the plan is rejected by the city council, the commission shall prepare a revised plan and shall submit such revised plan to the city council no later than 21 days after the initial plan is rejected. Such revised plan shall be deemed adopted by the city council unless disapproved within 14 days by the vote of two-thirds of all of the members of the city council and unless, by a vote of two-thirds of all members, the city council votes to file a petition in the Circuit Court in Brown County for a determination that the plan fails to meet the requirements of this charter. The city council shall file its petition no later than 10 days after its disapproval of the plan. Upon a final determination upon appeal, if any, that the plan meets the requirements of this charter, the plan shall be deemed adopted by the city council and the commission shall deliver the plan to the city finance officer. The plan delivered to the city finance officer shall include a map and description of the districts. (7) If in any year population figures are not available at least nine (9) months before the first general election following the decennial census, the city council may by local law shorten the time periods provided for districting commission action in subsections (2), (4), (5), and (6) of this section. (d) Districting Plan; Criteria. In preparation of its plan for dividing the city into districts for the election of council members, the commission shall apply the following criteria which, to the extent practicable, shall be applied and given priority in the order in which they are herein set forth. (1) Districts shall be equal in population except where deviation from equality result from the application of the provisions hereinafter set forth, but no such deviation may exceed five (5) percent of the average population for all city council districts according to the figures available from the most recent census. (2) Districts shall consist of contiguous territory. (3) No voting precinct (as set by the counties) shall be divided in the formation of districts. (4) The number of districts which include territory in more than one (1) county shall be a few as possible. Page 20 of 26 10/31/2019 Page 46 of 62  (5) Consistent with the foregoing provisions, the aggregate length of all district boundaries shall be as short as possible. (e) Initial Election following Charter Adoption. The Districting Commission shall establish staggered terms for the initial election of council members following the adoption of this charter. The terms of office shall be clearly announced for each district and spread proportionately to provide for each district in a fair manner. (f) Effect of Enactment. The new city council districts and boundaries as of the date of enactment shall supersede previous council districts and boundaries for all purposes of the next regular city election, including nominations. The new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on which all council members elected at that regular city election take office. The change to Sec. 6.03 corrects a nonsense phrase by replacing “or” with “of”. ARTICLE VII. - GENERAL PROVISIONS Sec. 7.01. Conflicts of Interest. The use of public office for private gain is prohibited. The city council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to: 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. This ordinance shall provide for reasonable public disclosure of finances by officials with major decision-making authority over monetary expenditures and contractual matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations. Municipal officials shall be, at a minimum shall be [sic] restricted from conflict of interest to the same extent that state public officials are bound by state law; provided however, that the city council may adopt an ordinance setting a stricter standard. The change to Sec. 7.01 corrects a nonsense phrase and deletes the printer’s mark. Sec. 7.02. Prohibitions. (a) Activities prohibited. (1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, age, handicap, religion, country of origin or political affiliation. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the rules and regulations made hereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. Page 21 of 26 10/31/2019 Page 47 of 62  (3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion. (4) No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee. (5) No city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support for opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any political campaign on behalf of or opposition to any candidate for city office. This section shall not be construed to limit any person's right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at any other level of government. (b) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if noan officer or employee of the city [sic],, shall immediately forfeit his or her office or position. The city council shall establish by ordinance such further penalties, as it may deem appropriate. The change to Sec. 7.02 replaces “no” with “an” and deletes the printer’s mark. ARTICLE VIII. - CHARTER AMENDMENT Sec. 8.01. Proposal of Amendment. Amendments to this charter may be framed and proposed as follows: (a1) In the manner provided by law; or (b2) By ordinance of the city council containing the full text of the proposed amendment and effective upon adoption; or (c3) By report of a charter commission created by ordinance; or (d4) By the voters of the city. [delete spacing and align margin to incorporate the following language into this subsection (4)] Whenwhen five percent (5%) of qualified voters initiate proceedings to amend the charter by filing with the finance officer a petition and filing it in proper form, stating their names and addresses and specifying the address of the circulators, and setting out in full the proposed charter amendment. The petitions shall contain or have attached thereto throughout their circulation the full text of the proposed charter amendment and must be signed by registered voters of the city in the number of at least five percent (5%) of the total number of registered voters at the last regular city election. Page 22 of 26 10/31/2019 Page 48 of 62  The change to Sec. 8.01: (1) renumbers the subsections to be consistent with the publisher’s numbering format; and (2) removes the line spacing and margin after “voters of the city” to integrate new subsection (4) with the voter-initiated proceeding to amend the charter. Sec. 8.02. Election. Upon delivery to the city election authorities of the report of a charter commission pursuant to §8.01(3), or delivery by the finance officer of an adopted ordinance proposing an amendment pursuant to §8.01(b2) or a petition finally determined sufficient proposing an amendment pursuant to §8.01(d4), the election authorities shall submit the proposed amendment to the voters of the city at an election. Such election shall be announced by a notice containing the complete text of the proposed amendment and published in one or more newspapers of general circulation in the city at least 30 days prior to the date of the election. If the amendment is proposed by petition, the amendment may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for the election by filing with the finance officer a request for withdrawal signed by at least four members of the petitioners' committee. The election shall be held not less than 60 and not more than 120 days after the adoption of the ordinance or report or the final determination of sufficiency of the petition proposing the amendment. If no regular election is to be held within that period, the city council shall provide for a special election on the proposed amendment; otherwise, the holding of a special election shall be as specified in the state election law. The change to Sec. 8.02: (1) adds a cross-reference to the report of a charter commission to make the language consistent with the rest of the provision; and (2) corrects the cross-referenced subsections in Sec. 8.01. Sec. 8.03. Adoption of Amendment. If a majority of the registered voters of the city voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters. ARTICLE IX. - TRANSITION/SEPARABILITY PROVISION Sec. 9.01. Officers and Employees. (a) Rights and Privileges Preserved. Nothing in this charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are city officers or employees at the time of its adoption. (b) Continuance of Office or Employment. Except as specifically provided by this charter, if at the time this charter takes full effect a city administrative officer or employee holds any office or position which is or can be abolished by or under this charter, he or she shall continue in such office or position until the taking effect of some specific provision under this charter directing that he or she vacate the office or position. (c) Personnel System. An employee holding a city position at the time this charter takes full effect, who was serving in that same or a comparable position at the time of its Page 23 of 26 10/31/2019 Page 49 of 62 adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system provided for in §4.02. Sec. 9.02. Departments, Office and Agencies. (a) Transfer of Powers. If any city department, office, or agency is abolished by this charter, the powers and duties given it by law shall be transferred to the city department, office or agency designated in this charter or, if the charter makes no provision, designated by the city council. (b) Property and Records. All property, records and equipment of any department, office or agency existing when this charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the city council in accordance with this charter. Sec. 9.03. Pending Matters. All rights, claims, actions, orders, contracts and legal administrative proceedings shall continue except as modified pursuant to the provisions of this charter and in each case shall be maintained, carried on or dealt with by the city department, office or agency appropriate under this charter. Sec. 9.04. State and Municipal Laws. (a) In General. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and laws of the state of South Dakota permit, all laws relating to or affecting this city or its agencies, officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. (b) Exceptions. All city ordinances, resolutions, orders and regulations which are in force when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and law of the state of South Dakota permit, all laws relating to or affecting this city or its agencies, officers, or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. (c) [Governing Body Name Change.](b) Governing Body Name Change. The term "board of commissioners" or "city commission" in all city ordinances, resolutions, policies, orders, and regulations which are in force when this charter becomes fully effective is hereby replaced by the term "city council." The change to Sec. 9.04 deletes a subsection that repeats verbatim the preceding subsection, renumbers the subsections, and inserts the heading language bracketed by the printer. Page 24 of 26 10/31/2019 Page 50 of 62 Sec. 9.05. Schedule. (a) First Election. At the time of its adoption, this charter shall be in effect to the extent necessary in order that the first election of members of the city council may be conducted in accordance with the provisions of this charter. The first election shall be held on the first Tuesday of June, 2005. The Finance Officer and Auditor shall prepare and adopt temporary regulations applicable only to the first election and designed to insure its proper conduct and to prevent fraud and provide for recount of ballots in cases of doubt or fraud. (b) Time of Taking full Effect. The charter shall be in full effect for all purposes on and after the date and time of the first meeting of the newly elected city council provided in §9.05(c). (c) First Council Meeting. On the first Monday of the month following the first election of city council members under this charter, the newly elected members of the council shall meet at 5:30 p.m. at City Hall of the City of Aberdeen: (1) For the purpose of electing a deputy mayor and appointing or considering the appointment of a city manager or acting city manager, and choosing, if it so desires, one of its members to act as temporary clerk pending appointment of a finance officer pursuant to §2.08; and (2) For the purpose of adopting ordinances and resolutions necessary to effect the transition of government under this charter and to maintain effective city government during that transition. (d) Temporary Ordinances. In adopting ordinances as provided in §9.05(c), the city council shall follow the procedures prescribed in Article II, except that at its first meeting or any meeting held within 60 days thereafter, the council may adopt temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection with the transition of government and in which the delay incident to the appropriate ordinance procedure would probably cause serious hardship or impairment of effective city government. Every temporary ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for ordinances generally. A temporary ordinance may be considered and may be adopted with or without amendment or rejected at the meeting at which it is introduced. After adoption of a temporary ordinance, the council shall cause it to be printed and published as prescribed for other adopted ordinances. A temporary ordinance shall become effective upon adoption or at such later time preceding automatic repeal under this subsection as it may specify, and the referendum power shall not extend to any such ordinance. Every temporary ordinance, including any amendments made thereto after adoption, shall automatically stand repealed as of the 91st day following the date on which it was adopted, renewed or otherwise continued except by adoption in the manner prescribed in Article II for ordinances of the kind concerned. (e) Initial Expenses. The initial expenses of the city council, including the expense of recruiting a city manager, shall be paid by the city on vouchers signed by the council chairman. (f) Initial Salary of Mayor and Council Members. The Mayor shall receive an annual salary as currently budgeted, and each other council member elected to the full council after the first general election following the adoption of this charter shall be compensated in the amount Page 25 of 26 10/31/2019 Page 51 of 62 of $8,500 annually, until such amount is changed by the council in accordance with the provisions of the charter. Sec. 9.05 is deleted in its entirety as the provision addressed the transition from the commission form to city manager form of government in the initial aftermath of the Charter adoption in 2004. Sec. 9.06.9.05. Separability. If any provision of this charter is held invalid, the other provisions of the charter shall not be affected thereby. If the application of the charter of any of its provisions to any person or circumstance is held invalid, the application of the charter and its provisions to other persons or circumstances shall not be affected thereby. Sec. 9.06 is renumbered as Sec. 9.05. [END OF CHARTER] Page 26 of 26 10/31/2019 Page 52 of 62 6C 10/31/2019 Page 53 of 62 10/31/2019 Page 54 of 62 10/31/2019 Page 55 of 62 6D 10/31/2019 Page 56 of 62 10/31/2019 Page 57 of 62 10/31/2019 Page 58 of 62 10/31/2019 Page 59 of 62 10/31/2019 Page 60 of 62  Item #6E - Executive Session City of Aberdeen Request for Council Action Agenda Item Meeting Date: November 4, 2019 No. 6F Agenda Section New Business Originating City Attorney Dept: Ord. / Res. Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Possible approval of a Parking District assessment refund and resolution of refund claim. City Manager’s Proposed Action: 1. Motion by _________ second by _________ to approve a refund of paid 2019 Parking District assessments on certain properties in the total amount of $27,655.56, and to authorize the City Manager to execute an agreement, in a form approved by the City Attorney, resolving such refund claim with the claimant. Overview: Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: There are sufficient funds in the Parking District fund to refund paid 2019 assessments. Attachments: {00056542.DOCX / 1} Rev 7/09 10/31/2019 Page 61 of 62  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: November 4, 2019 Agenda Section 6G New Business Originating Dept: Finance Ordinance/Resolution NA Prepared by: Mary Campton, Compliance/Records Specialist Karl Alberts, Finance Officer No. of Attachments Presented by: Finance Officer Item: Bill List for November 4, 2019 City Manager’s Proposed Action: Motion by ________________, second by ______________ to approve payment of the bills listed for November 4, 2019, and any additions thereto, such bills having been audited by the Finance Officer and fully itemized and a memorandum of the same to be entered upon the minutes of the meeting, and to authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of such approved bills. Overview: The Finance Officer submits the following Bill List for November 4, 2019, of vendors of items or services purchased, or of claims made, and the amounts due thereon: US Bank – Departments’ Credit Card Purchases $45,740.67 Great Western Bank – TIF #8 – Loan Principal/Interest $195,971.58 Safety Benefits Inc. – Safety Conference Registration – A. Schwan $65.00 AT & T – Monthly Cell Phone/Data Charges $1,205.94 HR Green, Inc. – Payment #3 – Dome Replacement Services $1,776.68 HR Green, Inc. – Payment #5 – Professional Services - Wtr. Treatment Plant Plan $9,839.13 Clark Engineering Corp. – Payment #11 - Phase 1, Groundwater Expansion $7,930.25 RDO Equipment – John Deere CE78 Skid Steer Loader $54,225.00 CWF Masonry & Construction Inc. – Flag Pole Sidewalk – Wylie Park $8,397.10 B & B Contracting – Levy Work – JN Development – Utilities-Stormwater $6,028.28 MARCO Technologies LLC – Copier Fees for Fire Dept. $414.86 Chris Scott – Per Diem – Reimbursemt. for Conference Travel Expenses – Fire Dept. $337.89 Keith Sharisky – Per Diem – Reimbursemt. for Conference Travel Expenses – Fire Dept. $270.00 10/31/2019 Page 62 of 62