Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, MARCH 9, 2020 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 MARCH 2, 2020 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. LICENSE – RESIDENTIAL BUILDING CONTRACTOR – SHON THIELEN B. REQUEST TO SERVE AND PERMIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE WYLIE PARK PAVILION ON MAY 2, 2020 FOR A WOYTASSEK WEDDING RECEPTION C. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE: 1. CREATIVE EXPRESSIONS – ASPIRE, INC. 2. FARM RESCUE FOUNDATION 3. HUB CITY SOCCER CLUB 5. NEW BUSINESS A. ORDINANCE AMENDING CHAPTER 10 – AVIATION OF THE CITY CODE REGARDING PERMITTED DRONE FLIGHT AREAS AND THE PENALTY CLASSIFICATION POSSIBLE FIRST READING OF ORDINANCE NO. 20-03-01 B. HEARING ON A NEW RETAIL ON-OFF SALE WINE & CIDER LICENSE FOR ALLEVITY ENTERTAINMENT, LLC AT 130 SOUTH CENTENNIAL STREET POSSIBLE APPROVAL OF RETAIL ON-OFF SALE WINE & CIDER LICENSE FOR ALLEVITY ENTERTAINMENT, LLC AT 130 SOUTH CENTENNIAL STREET C. ESTABLISH A WORKING GROUP TO DEVELOP A SHORT AND LONG-TERM DEER MANAGEMENT PLAN FOR THE CITY OF ABERDEEN POSSIBLE APPROVAL TO SUPPORT THE ESTABLISHMENT OF A WORKING GROUP TO DEVELOP THE DEER MANAGEMENT PLAN FOR THE CITY OF ABERDEEN D. REQUEST FROM THE POLICE DEPARTMENT TO SURPLUS SEVEN AUTOMATED EXTERNAL DEFIBRILLATORS FOR DONATION TO CHURCHES POSSIBLE APPROVAL TO SURPLUS THE AUTOMATED EXTERNAL DEFIBRILLATORS FOR DONATION TO ST. MARY’S CHURCH, 1ST PRESBYTERIAN CHURCH, 1ST LUTHERAN CHURCH, AND THE NEW LIFE FELLOWSHIP CHURCH E. BID RECOMMENDATION FOR ANNUAL CONCRETE WORK PROJECT (CONC-2020-3) POSSIBLE APPROVAL TO AWARD THE BID TO CWF MASONRY IN THE AMOUNT OF $143,208.45 AND AUTHORIZE THE CITY MANAGER AND FINANCE OFFICER TO SIGN ALL THE NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY F. PAYMENT REQUESTS FOR WATER TREATMENT FACILITY GROUNDWATER EXPANSION- SOIL BORINGS FOR HYDROGEOLOGIC INVESTIGATION TO TRAUT COMPANIES POSSIBLE APPROVAL OF PAYMENT #1 IN THE AMOUNT OF $69,116.40 AND PAYMENT #2 (FINAL) IN THE AMOUNT OF $7,679.60 TO TRAUT COMPANIES FOR WORK ON THE PROJECT 03/19/2020 Page 1 of 58  G. CITY SHARE OF OVERSIZING INFRASTRUCTURE FOR VARIOUS SUBDIVISIONS POSSIBLE APPROVAL OF PAYMENT IN THE AMOUNT OF $235,319.41 TO JN DEVELOPMENT, LLC FOR OVERSIZING SANITARY, STORM, AND WATER INFRASTRUCTURE RELATED TO HAPI NORTH SUBDIVISION, JN SUBDIVISION AND DAKOTA ESTATES SUBDIVISION H. AMENDMENT #1 TO AGREEMENT WITH HELMS & ASSOCIATES FOR AIP #3-46-0001-41-2020, RECONSTRUCTION OF GENERAL AVIATION APRON PROJECT POSSIBLE APPROVAL AND AUTHORIZE THE CITY MANAGER TO SIGN AMENDMENT #1 TO AGREEMENT WITH HELMS & ASSOCIATES FOR WORK ON THE AVIATION APRON PROJECT I. PAYMENT REQUESTS FOR WORK ON AIRPORT PROJECTS: 1. PAYMT. #19 – AIP #3-46-0001-39-2018 MASTER/LAYOUT PLAN – HELMS & ASSOC. $6,731.58 2. PAYMT. #17 – AIP #3-46-0001-40-2019 – TAXIWAY ‘C’ - HELMS & ASSOCIATES $6,318.09 3. PAYMT. #5 – AIP #3-46-0001-41-2020 – GENERAL AVIATION APRON – HELMS & ASSOC. $2,888.62 POSSIBLE APPROVAL AND AUTHORIZE THE CITY MANAGER TO SIGN PAYMENT #19 IN THE AMOUNT OF $6,731.58, PAYMENT #17 IN THE AMOUNT OF $6,318.09, AND PAYMENT #5 IN THE AMOUNT OF $2,888.62 TO HELMS & ASSOCIATES FOR WORK ON AIRPORT PROJECTS J. BILLS: APPROVAL OF BILL LIST FOR MARCH 9, 2020 K. CITY MANAGER’S REPORT L. EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL ABOUT CONTRACTUAL MATTERS AND PROPOSED OR PENDING LITIGATION. (SDCL §1-25-2(3) NO COUNCIL ACTION CAN OCCUR DURING EXECUTIVE SESSION BUT COUNCIL ACTION MAY FOLLOW EXECUTIVE SESSION 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. 03/19/2020 Page 2 of 58 03/19/2020 Page 3 of 58 03/19/2020 Page 4 of 58 03/19/2020 Page 5 of 58 03/19/2020 Page 6 of 58 03/19/2020 Page 7 of 58 03/19/2020 Page 8 of 58 03/19/2020 Page 9 of 58 03/19/2020 Page 10 of 58 03/19/2020 Page 11 of 58 03/19/2020 Page 12 of 58 03/19/2020 Page 13 of 58 03/19/2020 Page 14 of 58 03/19/2020 Page 15 of 58  City of Aberdeen Request for Council Action 5A Agenda Item No. Meeting Date: March 9, 2020 Agenda Section New Business Originating Dept: City Council Ord. / Res. Ordinance No. 20-03-01 Prepared by: City Attorney No. of Attachments 3 Presented by: City Attorney Item: Ordinance amending Chapter 10 – Aviation of the City Code regarding permitted drone flight areas and the penalty classification. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 20-03- 01. Overview: The primary purpose of the amendment is to add the Moccasin Creek Soccer Complex as a permitted drone flight area. The amendment to Sec. 10-2(5) would establish a total of five large areas on public property within city limits for use by recreational drone operators. The amendment also does some housekeeping at Sec. 10-4(1) by stating the Class 2 misdemeanor classification for a violation by an adult but deleting the specific penalty language. This change is consistent with the 2019 recodification of the Aberdeen City Code. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 20-03-01 2. Map of Soccer Field Complex showing permitted flight zone 3. Revised map of all permitted flight zones 03/19/2020 Page 16 of 58 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-03-01 AN ORDINANCE AMENDING CHAPTER 10 – AVIATION OF THE ABERDEEN CITY CODE REGARDING DRONES WHEREAS, the Aberdeen City Council reaffirms the rationale and purposes for Ordinance No. 15-12-04 as set forth therein; and WHEREAS, pursuant to its home rule power, the City of Aberdeen may exercise any power and perform any function relating to its government and affairs, including the power to regulate for the protection of the public health, safety, morals, and welfare; and WHEREAS, the City Council has determined that the following ordinance will protect the health, safety, and property of Aberdeen citizens and visitors and further their reasonable privacy interests, and advance the interests of the City of Aberdeen. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Sec. 10-2 of Chapter 10 – Aviation shall be amended as follows: Sec. 10-2. – Operating regulations. The airport manager authorizes limited drone operation in city airspace for hobby or recreational purposes only, except that it shall be unlawful to exceed such authorization by operating a drone: (1) within one (1) mile of the Aberdeen Regional Airport and within the 10,000 feet non-precision approach areas to its runways. The protected airspace hereafter shall be referred to as the “Airport Drone No Fly Zone”. A map of such Airport Drone No Fly Zone shall be displayed at the airport and filed with the finance office; (2) over any person who is not involved in the operation of the drone, without such person’s consent; (3) over vehicular traffic; (4) over property that the operator does not own, unless the property owner consents and subject to any restrictions that the property owner may place on such operation; 03/19/2020 Page 17 of 58  (5) over property owned, leased, or operated by the city, including but not limited to airports, parks, lakes, public swimming pools, trails, parking lots, and buildings, except drones may be operated in conformity with this section: (a) to temporarily cross from one authorized property to another authorized property over streets, roads, and alleys outside the Airport Drone No Fly Zone via the most direct route; and (b) over the following city properties, subject to any restrictions thereon imposed by the city: (i) Northwestern holding pond nature area (near 24th Avenue Northwest); (ii) Baird Park (near 24th Avenue Northeast); (iii) Riverside Memorial Park holding pond area; and (iv) Kuhnert Arboretum on Dakota Street South; and (v) Moccasin Creek Soccer Complex from Melgaard Road north to the lateral line of 12th Avenue Southeast and from South Cochrane Street west to Moccasin Creek; (6) by a child under 13 years of age when not accompanied by the child’s parent or guardian or an adult designated by the child’s parent or guardian. The failure of a parent or designated adult to supervise an underage child’s operation of a drone shall be a violation by the parent or designated adult; (7) at an altitude higher than 400 feet above ground level; (8) outside the visual line of sight of the operator. The operator shall use his or her own natural vision, which includes vision corrected by standard eyeglasses or contact lenses, to maintain at all times an unobstructed view of the drone, without the use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles designed to provide a “first person view” from the model or similar devices; (9) in a manner that interferes with, or fails to give way to, any manned aircraft or moving vehicle; (10) during the period between sunset and sunrise; (11) whenever weather conditions impair the operator’s ability to operate the drone safely; (12) over any open air assembly unit, school, school yard, hospital, swimming pool, place of worship, or law enforcement building, without the property owner’s consent, and subject to any restrictions that the property owner may place on such operation; (13) within 500 feet of any electric generating facility, substation, or control center, or within 100 feet of any electric transmission facility, or within 25 feet of any electric distribution facility or of any overhead wire, cable, conveyor, or similar 03/19/2020 Page 18 of 58  equipment for the transmission of sounds or signal, or of heat, light or power, or data, upon or along any public way within the city, without the facility or equipment owner’s consent, and subject to any restrictions that the facility or equipment owner may place on such operation; (14) for the purpose of conducting surveillance, unless expressly permitted by law; (15) with 0.08 percent or more by weight of alcohol in that person’s blood or while under the influence of alcohol, any drug, any intoxicant, or any combination thereof, as set forth in SDCL 32-23-1, which renders that person incapable of safely operating such drone; (16) that is equipped with a firearm or other weapon; (17) with intent to use such drone or anything attached to it to cause harm to persons or property; or (18) in a reckless or careless manner. State law references – Driving under the influence prohibited, SDCL 32-23-1; public nuisance, SDCL 21-10-3; ownership of air space, SDCL 50-13-3; overflight of lands and waters, SDCL 50- 13-4. 2. Sec. 10-4 of Chapter 10 – Aviation shall be amended as follows: Sec. 10-4. – Penalty. (a) A violation of this article by an adult is a Class 2 misdemeanor. Any adult who violates this article shall be fined not less than $120.00 nor more than $500.00 for each offense, nor jailed for more than 30 days, or both. Each day that a violation continues shall constitute a separate and distinct offense. (b) A violation of this article by a minor is a petty offense. (c) A law enforcement officer may seize a drone as evidence of a violation of this article. The drone thereafter shall be disposed of in accordance with state law for disposition of seized property. First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 03/19/2020 Page 19 of 58 03/19/2020 Page 20 of 58 Thursday, January 16, 2020 8:26:10 AM -  Permitted Drone Flight Areas for the City of Aberdeen, South Dakota Updated March 04, 2020 NW Nature Area Baird Park Aberdeen South Athletic Complex Soccer Fields Riverside Memorial Park holding Pond area Kuhnert Arboretum 03/19/2020 Page 21 of 58  5B 03/19/2020 Page 22 of 58 03/19/2020 Page 23 of 58 03/19/2020 Page 24 of 58 03/19/2020 Page 25 of 58  5C 03/19/2020 Page 26 of 58  5D 03/19/2020 Page 27 of 58  5E 03/19/2020 Page 28 of 58 03/19/2020 Page 29 of 58  5F 03/19/2020 Page 30 of 58 03/19/2020 Page 31 of 58 03/19/2020 Page 32 of 58 03/19/2020 Page 33 of 58 03/19/2020 Page 34 of 58 03/19/2020 Page 35 of 58 03/19/2020 Page 36 of 58 03/19/2020 Page 37 of 58 03/19/2020 Page 38 of 58  5G 03/19/2020 Page 39 of 58 03/19/2020 Page 40 of 58 03/19/2020 Page 41 of 58 03/19/2020 Page 42 of 58 03/19/2020 Page 43 of 58  5H 03/19/2020 Page 44 of 58 03/19/2020 Page 45 of 58 03/19/2020 Page 46 of 58 03/19/2020 Page 47 of 58  5I1 03/19/2020 Page 48 of 58 03/19/2020 Page 49 of 58 03/19/2020 Page 50 of 58  5I2 03/19/2020 Page 51 of 58 03/19/2020 Page 52 of 58 03/19/2020 Page 53 of 58 03/19/2020 Page 54 of 58  5I3 03/19/2020 Page 55 of 58 03/19/2020 Page 56 of 58 03/19/2020 Page 57 of 58  5J 03/19/2020 Page 58 of 58