Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, MARCH 30, 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 MEETINGS OF MARCH 23 AND 25, 2020 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. CONSENT CALENDAR – POSSIBLE APPROVAL A. NOMINATING PETITION – DENNIS “MIKE” OLSON FOR CITY COUNCIL MEMBER – SE DISTRICT, A FIVE-YEAR TERM – RECEIVE AND PLACE ON FILE B. LICENSE – HOME DAY CARE – TAMELA WHITE C. REPORTS AND MINUTES FROM CITY BOARDS – RECEIVE AND PLACE ON FILE: 1. ABERDEEN AIRPORT BOARD MEETING MINUTES 2. BOARD OF ZONING ADJUSTMENT MEETING MINUTES 3. K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES MEETING MINUTES 4. PARK & RECREATION BOARD MEETING MINUTES 5. NEW BUSINESS A. ORDINANCE NO. 20-03-03 SUPPLEMENTING THE 2020 BUDGET FOR VARIOUS ACTIVITIES AND EXPENSES. POSSIBLE FIRST READING OF ORDINANCE NO. 20-03-03 B. DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE NO. 20-03-04, ALSO KNOWN AS COVID-19 EMERGENCY ORDINANCE NO. 2 POSSIBLE FIRST READING OF ORDINANCE NO. 20-03-04 C. HEARING ON A NEW RETAIL ON-OFF SALE WINE AND CIDER LICENSE FOR TIFFANY LANGER, LLC DBA PINNED WORKSHOP, 322 SOUTH MAIN STREET, SUITE 2 POSSIBLE APPROVAL OF RETAIL ON-OFF SALE WINE AND CIDER LICENSE FOR TIFFANY LANGER, LLC AT 322 SOUTH MAIN STREET D. REQUEST FROM POLICE DEPARTMENT TO SURPLUS AN AUTOMATED EXTERNAL DEFIBRILLATOR (AED) FOR DONATION TO THE BOYS AND GIRLS CLUB POSSIBLE APPROVAL TO SURPLUS THE AUTOMATED EXTERNAL DEFIBRILLATOR FOR DONATION TO THE BOYS AND GIRLS CLUB E. BILLS: APPROVAL OF BILL LIST FOR MARCH 30, 2020 F. PAYROLL – APPROVAL FOR THE PAY PERIOD FROM MARCH 15, 2020 THROUGH MARCH 28, 2020 AND FOR CITY SHARE OF SOCIAL SECURITY, OLD AGE AND SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE G. CITY MANAGER’S REPORT 6. ADJOURN 03/26/2020 Page 1 of 42 NOTICE – SPECIAL CITY COUNCIL MEETING ON WEDNESDAY, APRIL 1, 2020, AT 5:30 P.M. IN CITY COUNCIL CHAMBERS ON THE EMERGENCY ORDINANCE REGARDING THE CORONAVIRUS PUBLIC HEALTH CRISIS 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. 03/26/2020 Page 2 of 42 03/26/2020 Page 3 of 42 03/26/2020 Page 4 of 42 03/26/2020 Page 5 of 42 03/26/2020 Page 6 of 42 03/26/2020 Page 7 of 42 03/26/2020 Page 8 of 42 03/26/2020 Page 9 of 42 03/26/2020 Page 10 of 42 03/26/2020 Page 11 of 42 03/26/2020 Page 12 of 42 03/26/2020 Page 13 of 42 03/26/2020 Page 14 of 42 03/26/2020 Page 15 of 42 03/26/2020 Page 16 of 42 03/26/2020 Page 17 of 42 03/26/2020 Page 18 of 42 03/26/2020 Page 19 of 42 03/26/2020 Page 20 of 42 03/26/2020 Page 21 of 42 03/26/2020 Page 22 of 42 03/26/2020 Page 23 of 42 03/26/2020 Page 24 of 42 03/26/2020 Page 25 of 42 03/26/2020 Page 26 of 42 03/26/2020 Page 27 of 42 03/26/2020 Page 28 of 42  City of Aberdeen Request for Council Action Agenda Item No. Meeting Agenda Section 5A Date: Originating March 30, 2020 New Business Dept: Finance Office Resolution N/A Ordinance Prepared 20-03-03 by: Jordan McQuillen No. of Attachments Presented 2 pages by: Karl Alberts Item: Ordinance 20-03-03 supplementing the 2020 budget for various activities and expenses. City Manager’s Proposed Action: Motion and second to approve first reading of Ordinance 20-03-03 Supplementing the 2020 budget for various activities and expenses. Overview: This ordinance redistributes cash held for activities and programs that have been funded by donations made to and held in the Parks, Recreation, and Forestry Gift Fund to fund activity paid for in the Parks, Recreation and Forestry Fund for the first quarter of 2020. The attached explanation sheet includes the amount of the supplement, the source of the supplement, the expected amount needed, and the effect on the fund balance. Primary/Issues/Alternatives to Consider: Failure to pass recommended increases will result in audit comments regarding non-compliance with state statutes concerning overspending budgets. Budgetary/Fiscal Issues: As noted on ordinance and explanation of ordinance. Attachments: Ordinance 20-03-03 with explanation. 03/26/2020 Page 29 of 42  ORDINANCE 20-03-03 BE IT ORDAINED BY THE CITY OF ABERDEEN: SECTION 1. WHEREAS, there are insufficient appropriated funds in the Parks, Recreation, and Forestry Fund; for Recreation for donation expense amounting to $19,977.00; Parks for donation expense amounting to $5,169.00 to be made from said fund; and WHEREAS, there are insufficient appropriated funds in the Parks, Recreation, and Forestry Gift Fund for transfer out to Parks, Recreation and Forestry Fund for $25,146.00 to be made from said fund; and WHEREAS, it would appear that there are in the following fund monies that are unappropriated and unexpended: Twenty-Five Thousand One Hundred Forty-Six Dollars ($25,146.00) in the Parks, Recreation and Forestry Gift Fund that can be used for said purposes. NOW, THEREFORE, THERE IS HEREBY APPROPRIATED from donations and contributions from the following funds: Twenty-Five Thousand One Hundred Forty-Six Dollars ($25,146.00) in the Parks, Recreation and Forestry Gift Fund for the aforesaid. SECTION 2. The Finance Officer is hereby authorized to make such amounts available for the purposes above and carry out the transfers set forth. Passed First Reading ______________________ Passed Second Reading ___________________ Adopted _________________________________ Published _________________________________ Effective Date _____________________________ _________________________________________ Mayor Attest:_________________________________________, Finance Officer 03/26/2020 Page 30 of 42  Explanation of Ordinance 20-03-03 Fund Probable Balance Item Coding Reason Source Need Impact Recreation 208-45120-42900 Recreation, Donations and $19,977 $19,977 208-45122-42900 YAPA, and contributions held in ARCC activity Parks, Recreation, and paid for with Forestry Gift Fund Gift Fund donations Parks 208-45200-42900 Parks, Donations and $5,169 $5,169 208-45221-42900 Forestry, and contributions held in 208-45240-42900 Wylie activity Parks, Recreation, and paid for with Forestry Gift Fund Gift Fund donations Transfer Out 210-51100-45950 To provide Unexpended balance $25,146 $25,146 cash to Parks, held in Parks, Recreation, Recreation and and Forestry Forestry Gift Fund Fund for donated expense activity 03/26/2020 Page 31 of 42  City of Aberdeen Request for Council Action 5B Agenda Item No. Meeting Date: March 30, 2020 Agenda Section New Business Originating Dept: City Council Ord. / Res. Ordinance No. 20-03-04 Prepared by: No. of 1 Presented by: Council Members Attachments Item: Discussion and possible first reading of Ordinance No. 20-03-04, also known as COVID-19 Emergency Ordinance No. 2. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 20-03-04 (COVID-19 Emergency Ordinance No. 2). Overview: Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 19-03-04 {00059066.DOCX / 1} Rev 7/09 03/26/2020 Page 32 of 42 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-03-04 COVID-19 EMERGENCY ORDINANCE NO. 2 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE WHEREAS, the City of Aberdeen has the authority pursuant to SDCL §§ 9-29-1 and 9-32-1 to adopt ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City Council, pursuant to Aberdeen City Charter, Sec. 2.14, may adopt an emergency ordinance affecting life, health, property, or the public peace by an affirmative vote of at least sixty percent of the members present, which ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; and WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus SARS-CoV-2 (the “virus”), has been confirmed in more than 100 countries, including the United States; and WHEREAS, COVID-19 is a severe respiratory disease caused by the virus transmitted by person-to-person contact, or by contact with surfaces contaminated by the virus. In some cases, especially among older adults and persons with serious underlying health conditions, virus infection can result in serious illness requiring hospitalization, admission to an intensive care unit, and death; and WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have declared the outbreak of the virus causing the COVID-19 disease a public health emergency; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and Page 1 of 4 Ordinance No. 20-03-04 03/26/2020 Page 33 of 42  WHEREAS, on the same day, Governor Kristi Noem issued Executive Order 2020-04 declaring a State of Emergency in State of South Dakota due to the COVID-19 pandemic; and WHEREAS, cases of infection from the virus causing the COVID-19 disease have been confirmed in the State of South Dakota, including confirmed cases in Brown County, and cases of community spread are reasonably suspected to exist; and WHEREAS, the CDC and health experts have concluded that social distancing is necessary to slow the spread of the virus causing the COVID-19 disease; and WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious disease by reducing the probability of contact between infected persons and those not infected in order to minimize disease transmission; and WHEREAS, the CDC issued guidance to state and local governments and all citizens recommending social distancing steps to prevent community spread and guard against the COVID-19 outbreak; and WHEREAS, many states and communities across the country implemented the CDC recommendations by ordering the closure of bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and WHEREAS, many Aberdeen residents, healthcare organizations, businesses, and religious organizations voluntarily instituted social distancing measures recommended by the CDC but social distancing is not being practiced by all persons within the City; and WHEREAS, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s health care providers; and WHEREAS, it is important that control measures be taken to reduce or slow the spread of the virus in order to protect the health and safety of the City’s residents, especially seniors and those with underlying health conditions that make them particularly vulnerable to the COVID-19 disease; and WHEREAS, consistent with the CDC guidance, Governor Noem issued Executive Order 2020-08 on March 23, 2020, providing social distancing directives to every South Dakotan, all employers, any enclosed retail business that promotes social gatherings, all healthcare organizations, and all local and municipal governments; and Page 2 of 4 Ordinance No. 20-03-04 03/26/2020 Page 34 of 42  WHEREAS, the City Council, exercising its authority pursuant to Aberdeen City Charter, Sec. 2.14, finds that the rules and regulations contained within this ordinance are necessary for the prevention and spread of the contagious virus causing the deadly COVID-19 disease within the City of Aberdeen. BE IT ORDAINED BY THE CITY OF ABERDEEN as follows: 1. Effective 12:01 a.m. on the day following the passage of this ordinance, all restaurants, coffee houses, bars, breweries, casinos, dance clubs, gentlemen’s clubs, cafes, and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service, and drive-thru service. Any business continuing to operate in order to provide off-site service should implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of the virus causing the COVID-19 disease. 2. Effective 12:01 a.m. on the day following the passage of this ordinance, all recreational facilities, pools, health and fitness facilities and clubs, social clubs, fraternal organizations, athletic and weight training facilities, movie and live production theaters, event centers, meeting halls, and music and entertainment venues are directed to close and cease operations. 3. Effective 12:01 a.m. on the day following the passage of this ordinance, all tobacco shops and lounges, vaping shops and lounges, hookah lounges, and other similar business which allow for on-site consumption of any product by smoking or inhaled vapor are directed to cease allowing on-site consumption, but may continue to offer products for sale to consume off-site under the same conditions as bars and restaurants outlined in Para. 1. 4. Effective 12:01 a.m. on the day following the passage of this ordinance, all pool halls, video game arcades, video lottery casino operations, bowling alleys, ice skating rinks, and other similar indoor recreational or entertainment facilities are directed to close and cease operations. 5. The prohibitions and closures in this order do not apply to the following: (a) Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of Para. 1. Page 3 of 4 Ordinance No. 20-03-04 03/26/2020 Page 35 of 42  (b) Room service in hotels. (c) Health care facilities, residential care facilities, congregate care facilities, licensed day cares, and correctional facilities. (d) Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions. (e) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster. BE IT FURTHER ORDAINED, that this ordinance shall be repealed on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution approved by a majority of the members present affirms (1) the continued existence of the public health emergency, and (2) the necessity of the social distancing measures set forth in Paragraphs 1 - 4 above, and extends the ordinance for the day following the next regular or special meeting of the City Council. This ordinance shall be subject to recurrent affirmances by resolution and extended thereafter, but in no event may this ordinance be extended beyond 60 days from the effective date and shall be automatically repealed on the 61st day without further action of the City Council. Nothing herein shall be construed to prevent the City Council from adopting another ordinance necessary for the immediate preservation of the public peace, health, or safety in response to the COVID-19 pandemic. BE IT FURTHER ORDAINED, that a violation of this ordinance shall be a Class 2 misdemeanor. Each day a violation of this ordinance occurs is considered a separate offense. BE IT FURTHER ORDAINED, that, pursuant to SDCL § 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, or safety and shall become effective immediately upon passage. First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer Page 4 of 4 Ordinance No. 20-03-04 03/26/2020 Page 36 of 42  5C 03/26/2020 Page 37 of 42 03/26/2020 Page 38 of 42 03/26/2020 Page 39 of 42 03/26/2020 Page 40 of 42  5D 03/26/2020 Page 41 of 42  5E 03/26/2020 Page 42 of 42