Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, APRIL 6, 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 30 AND APRIL 1, 2020 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. ORDINANCE NO. 20-03-03 SUPPLEMENTING THE 2020 BUDGET FOR VARIOUS ACTIVITIES AND EXPENSES POSSIBLE SECOND READING AND THE FINAL ADOPTION OF ORDINANCE NO. 20-03-03 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. NOMINATING PETITIONS – RECEIVE AND PLACE ON FILE: 1. TIFFANY LANGER FOR CITY COUNCIL MEMBER – SE DISTRICT, A FIVE-YEAR TERM 2. JUSTIN REINBOLD FOR CITY COUNCIL MEMBER – SW DISTRICT, A FIVE-YEAR TERM 3. DAVID WELLING FOR CITY COUNCIL MEMBER – SE DISTRICT, A FIVE-YEAR TERM B. LETTER FROM DANIEL RICHARDT OFFICALLY GIVING NOTICE OF THE WITHDRAWAL OF HIS NOMINATING PETITION FOR CITY COUNCIL MEMBER - SW DISTRICT C. PETITIONS TO REZONE – SET HEARING DATE OF APRIL 27, 2020 AT 5:30 P.M. 1. REZONE FROM (C-3) DISTRICT TO (R-3) DISTRICT FOR LOT 5, BLOCK 40, THOMAS ADDITION IN THE NW ¼ OF SECTION 24, T123N, R64W OF THE 5TH P.M., ABERDEEN, BROWN COUNTY, SD (926 SOUTH LINCOLN STREET) 2. REZONE FROM (R-2) DISTRICT TO (M) DISTRICT FOR LOT 1, NSU ATHLETIC FIELD ADDITION TO ABERDEEN IN THE SE ¼ OF SECTION 24, T123N, R64W OF THE 5TH P.M., ABERDEEN, SD (1416 SOUTH STATE STREET) D. REQUEST FOR STREET USE – 5TH AVENUE, SE FROM ALLEY TO S. LINCOLN ST. FOR FIRST UNITED METHODIST CHURCH’S EASTER CELEBRATION OUTDOOR SERVICE ON APRIL 12, 2020 6. NEW BUSINESS A. DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE NO. 20-04-05, ALSO KNOWN AS COVID-19 EMERGENCY ORDINANCE NO. 3 POSSIBLE FIRST READING OF ORDINANCE NO. 20-04-05, ALSO KNOWN AS COVID-19 EMERGENCY ORDINANCE NO. 3 B. DISCUSSION AND POSSIBLE FIRST READING AND PASSAGE OF RESOLUTION NO. 20-04-01R EXTENDING ORDINANCE NO. 20-03-02, ALSO KNOWN AS THE COVID-19 EMERGENCY ORDINANCE NO. 1 POSSIBLE APPROVAL OF RESOLUTION NO. 20-04-01R C. REQUEST FOR DENIAL OF PROPERTY TAX ABATEMENT FOR PROPERTY IN THE CITY LIMITS POSSIBLE DENIAL OF A PROPERTY TAX ABATEMENT FOR 419 SOUTH DAKOTA ST. AS RECOMMENDED BY THE BR. CO. ASSESSOR’S OFFICE 04/02/2020 Page 1 of 45  D. REQUEST TO PURCHASE 3 HPE DL360 GEN 10 SERVERS FOR COMPUTER SERVICES POSSIBLE APPROVAL TO PURCHASE THE SERVERS FROM ONENECK IT SOLUTIONS IN THE TOTAL AMOUNT OF $31,106.84 E. AGREEMENT TO AMEND THE TRANSPORTATION ALTERNATIVES PROGRAM (TAP) PROJECT WITH SD DEPT. OF TRANSPORTATION FOR WORK ON THE 15TH AVENUE RECREATIONAL TRAIL FROM DAKOTA ST. TO 2ND AVENUE NORTH POSSIBLE APPROVAL TO AUTHORIZE THE CITY MANAGER TO SIGN AMENDMENT NO. 1 TO (TAP) PROJECT AGREEMENT WITH SD DEPT. OF TRANSPORTATION FOR THE 15TH AVENUE TRAIL PROJECT F. BILLS: APPROVAL OF BILL LIST FOR APRIL 6, 2020 G. CITY MANAGER’S REPORT 7. ADJOURN NOTICE – SPECIAL CITY COUNCIL MEETING ON TUESDAY, APRIL 7, 2020, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS ON THE EMERGENCY ORDINANCE AND A RESOLUTION 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. **OPEN MEETING GUIDELINES DURING COVID-19 PANDEMIC** ALL PERSONS ATTENDING THE MEETING SHOULD MAINTAIN PHYSICAL SEPARATION OF AT LEAST SIX FEET BETWEEN PERSONS WHO ARE NOT IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD. PUBLIC SEATING IN COUNCIL CHAMBERS WILL BE ARRANGED TO MAINTAIN THE PHYSICAL SEPARATION AND SEATING MAY NOT BE MOVED IN VIOLATION OF THIS REQUIREMENT. ANY PERSON WHO FAILS TO MAINTAIN THE REQUIRED SEPARATION WILL BE ASKED TO COMPLY. SUCH PERSON WILL BE REMOVED FROM COUNCIL CHAMBERS UPON REFUSAL TO COMPLY. 04/02/2020 Page 2 of 45 04/02/2020 Page 3 of 45 04/02/2020 Page 4 of 45 04/02/2020 Page 5 of 45 04/02/2020 Page 6 of 45  4A 04/02/2020 Page 7 of 45 04/02/2020 Page 8 of 45 04/02/2020 Page 9 of 45 04/02/2020 Page 10 of 45 04/02/2020 Page 11 of 45 04/02/2020 Page 12 of 45 04/02/2020 Page 13 of 45 04/02/2020 Page 14 of 45 04/02/2020 Page 15 of 45 04/02/2020 Page 16 of 45 04/02/2020 Page 17 of 45 04/02/2020 Page 18 of 45 04/02/2020 Page 19 of 45 04/02/2020 Page 20 of 45 04/02/2020 Page 21 of 45  City of Aberdeen Request for Council Action 6A Agenda Item No. Meeting Date: April 6, 2020 Agenda Section New Business Originating Dept: City Council Ord. / Res. Ordinance No. 20-04-05 Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Discussion and possible first reading of Ordinance No. 20-04-05, also known as COVID-19 Emergency Ordinance No. 3. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 20-04-05 (COVID-19 Emergency Ordinance No. 32), pursuant to Aberdeen City Charter, Sec. 2.14. Overview: This ordinance includes all of the social distancing measures in Emergency Ordinance No. 2 but revises the repeal provision to authorize the Council to extend certain social distancing measures of the ordinance while letting other measures sunset if no longer needed. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 20-04-05 {00059186.DOCX / 1} Rev 7/09 04/02/2020 Page 22 of 45  EMERGENCY ORDINANCE NO. 3 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-04-05 COVID-19 EMERGENCY ORDINANCE NO. 3 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 5 Ordinance No. 20-04-05 04/02/2020 Page 23 of 45  EMERGENCY ORDINANCE NO. 3 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 5 Ordinance No. 20-04-05 04/02/2020 Page 24 of 45  EMERGENCY ORDINANCE NO. 3 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 indoor 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 to on-site sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 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 Paragraph 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 to on-site sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 5. Effective 12:01 a.m. on the day following the passage of this ordinance, all tattoo parlors, beauty and hair salons, barber shops, spas, massage studios, and other similar indoor hands-on personal care facilities are directed to close to on-site services and sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. Page 3 of 5 Ordinance No. 20-04-05 04/02/2020 Page 25 of 45  EMERGENCY ORDINANCE NO. 3 6. In addition to the prohibitions and closures ordered in Paragraphs 1 - 5 above, effective 12:01 a.m. on the day following the passage of this ordinance, any public gathering of ten (10) or more people is prohibited (a) where there is not sufficient space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, or (b) where CDC hygiene practices to reduce the likelihood of spreading the COVID-19 disease are not maintained. 7. 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 Paragraph 1. (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, in part or in whole, 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 all or certain parts of the social distancing measures set forth in Paragraphs 1 - 6 above, and extends all or any part of the ordinance for the day following the next regular or special meeting of the City Council. This provision authorizes the City Council by resolution to affirm that certain of the social distancing measures set forth in Paragraphs 1 - 6 above may no longer be necessary while other such measures may continue to be necessary. Any part of the ordinance that has not been repealed shall be subject to recurrent affirmances by resolution and extended thereafter, but in no event may any part of this ordinance be extended beyond 60 days from the effective date and all remaining parts of this ordinance 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 Page 4 of 5 Ordinance No. 20-04-05 04/02/2020 Page 26 of 45  EMERGENCY ORDINANCE NO. 3 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 5 of 5 Ordinance No. 20-04-05 04/02/2020 Page 27 of 45  6B 04/02/2020 Page 28 of 45 04/02/2020 Page 29 of 45  6C 04/02/2020 Page 30 of 45 04/02/2020 Page 31 of 45 04/02/2020 Page 32 of 45 04/02/2020 Page 33 of 45 04/02/2020 Page 34 of 45 04/02/2020 Page 35 of 45 04/02/2020 Page 36 of 45 04/02/2020 Page 37 of 45 04/02/2020 Page 38 of 45 04/02/2020 Page 39 of 45  6D 04/02/2020 Page 40 of 45 04/02/2020 Page 41 of 45 04/02/2020 Page 42 of 45  6E 04/02/2020 Page 43 of 45 04/02/2020 Page 44 of 45  City of Aberdeen Request for Council Action 6F Agenda Item No. Meeting Date: April 6, 2020 Agenda Section 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 April 6, 2020 City Manager’s Proposed Action: Motion by ________________, second by ______________ to approve payment of the bills listed for April 6, 2020, 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 April 6, 2020, of vendors of items or services purchased, or of claims made, and the amounts due thereon: US Bank – Departments’ Credit Card purchases $74,982.99 US Bank Corp. Trust – Series 2012A/2012B Principal/Interest $1,008,309.38 Northwestern Energy – Utilities $93,832.91 Shirley A. Jacobs – Annual Wellfield Payment $40,117.66 AT & T – Monthly Cell Phone/Data/Ipad Charges $2,220.27 Refunds on Utility Accounts $207.13 MARCO Technologies LLC – Copier Fees for Fire Dept. $54.74 Matheson Tri-Gas Inc. – Oxygen for Fire Dept. $399.97 Jack Ness – Reimbursement for Sewer Issues at 608 – 15th Ave., SE $879.30 Milbank Winwater – Pipe Bid Schedule D – Utilities – Sewer $8,964.90 04/02/2020 Page 45 of 45