Aberdeen City Council

AGENDA FOR THE CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, JUNE 22, 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 JUNE 11 AND 15, 2020 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE AMENDING THE OPEN BURNING SECTION OF THE ABERDEEN CITY CODE POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 20-06-04 B. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE APPROVING ISSUANCE AND PROVISIONS FOR REPAYMENT OF REFUNDING BONDS (SERIES 2020B) FOR THE SERIES 2014A BONDS ISSUED FOR THE REMODEL OF CITY HALL POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 20-06-05 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. SPECIAL FOUR-DAY RETAIL SALE MALT BEVERAGE LICENSE ON JUNE 23, 24, AND 30, 2020 AND JULY 1, 2020 FOR KEN’S SUPER MARKETS INC. DBA PLAYER’S FIELD CONCESSIONS, 3800 – EIGHTH AVENUE, NE IN CONJUNCTION WITH A COMMUNITY EVENT PERMIT FOR ABERDEEN HARDBALL ASSOCIATION’S WOMEN’S SOFTBALL TOURNAMENT AT PLAYER’S FIELD B. SET HEARING DATE OF JUNE 29, 2020 AT 5:30 P.M. FOR NEW RETAIL ON-OFF SALE MALT BEVERAGE AND SD FARM WINE LICENSE FOR THE ABERDEEN HARDBALL ASSOCIATION DBA PLAYER’S FIELD CONCESSIONS, 3800 EIGHTH AVENUE, NE C. SET HEARING DATE OF JULY 6, 2020 AT 5:30 P.M. FOR SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSE ON JULY 9, 2020 FOR ABERDEEN AREA CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS DBA 11TH AVENUE, SE BETWEEN SOUTH MAIN ST. AND SOUTH LINCOLN ST. (W/COMMUNITY EVENT PERMIT APPLICATION) D. SET HEARING DATE OF JULY 13, 2020 AT 5:30 P.M. FOR PETITION TO VACATE THE PUBLIC RIGHT-OF-WAY DESCRIBED AS ENTIRE 66’ WIDE TENTH STREET SOUTH PUBLIC ROW LOCATED BETWEEN SECOND AVENUE, SW AND THIRD AVENUE, SW ADJACENT TO LOTS 1 AND 24, BLOCK 34, AND LOTS 12 AND 13, BLOCK 33, WEST ABERDEEN AND 16’ WIDE PUBLIC ALLEY ROW BETWEEN NINTH STREET SOUTH AND ELEVENTH STREET SOUTH, ADJACENT TO LOTS 1-24, BLOCK 34, AND LOTS 1 – 24, BLOCK 33, WEST ABERDEEN IN THE SE ¼, SECTION 14, T123N, R64W (902 THIRD AVENUE, SW) E. SET BID DATE OF JULY 7, 2020 AT 2:00 P.M. FOR BIDS ON 2020 OLD BUILDING TUCK-POINTING AND BRICK REPLACEMENT PROJECT FOR WATER TREATMENT PLANT F. LICENSE – PLUMBING (SPECIAL LIMITED) – CHAD CHRISTENSON 06/18/2020 Page 1 of 84  G. PLATS: 1. MARKEN ADDITION TO THE CITY OF ABERDEEN IN THE SE ¼ OF SECTION 14, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (316 SOUTH 11TH ST.) 2. M SHANNON ADDITION TO THE CITY OF ABERDEEN IN THE SE ¼ OF SECTION 13, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (507 SOUTH ARCH ST.) 3. DELBERT AND PAMELA DUTENHOFFER FIRST SUBDIVISION IN THE ROOSEVELT CRYSTALS SUBDIVISION IN ABERDEEN IN THE NE ¼ OF SECTION 19, T123N, R63W OF THE 5TH P.M., BROWN COUNTY, SD (2012 PROSPECT AVENUE, SE) WITH STIPULATION THAT PETITIONER HAS SIDEWALKS INSTALLED ALONG ALL PLATTED RIGHT-OF-WAYS WITHIN 5 YEARS OF THE PLAT FILING DATE. H. REQUESTS FOR STREET USE: 1. 5TH AVENUE BETWEEN SOUTH LINCOLN ST. AND SOUTH WASHINGTON ST. FOR FIRST UNITED METHODIST’S CAR SHOW ON JUNE 28, 2020 2. STEWART DR. TO SHORTRIDGE DR. TO NICKLAUS DR. TO WEST AND EAST PALMER CR. FOR NEIGHBORHOOD 4TH OF JULY PARADE 6. NEW BUSINESS A. RESOLUTION NO. 20-06-08R ACCEPTING DEDICATION OF THE WATER MAIN AND EASEMENT FOR PUBLIC USE POSSIBLE APPROVAL OF RESOLUTION NO. 20-06-08R ACCEPTING DEDICATION IDENTIFIED IN “AGREEMENT FOR PERPETUAL WATER MAIN EASEMENT” AND AUTHORIZE THE MAYOR OR CITY MANAGER TO EXECUTE AND RECORD WITH THE REGISTER OF DEEDS SUCH AGREEMENT B. DISCUSSION AND POSSIBLE ACTION ON 2021 PROMOTION FUND ALLOCATIONS POSSIBLE APPROVAL OF 2021 PROMOTION FUND ALLOCATIONS C. REQUEST TO SURPLUS A VEHICLE USED FOR ROUTINE POLICE BUSINESS AS AN UNMARKED UNIT POSSIBLE APPROVAL TO SURPLUS A 2011 DODGE CHARGER TO BE SOLD THROUGH SEALED BIDS D. APPOINTMENT OF CINDY SENGER TO K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES POSSIBLE APPROVAL TO APPOINT CINDY SENGER TO THE K. O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES FOR A THREE- YEAR TERM EFFECTIVE JULY 1, 2020 E. CARES ACT AIRPORT GRANT STATE AGREEMENT POSSIBLE APPROVAL AND AUTHORIZE CITY MANAGER TO SIGN THE CARES ACT AIRPORT GRANT STATE AGREEMENT #3-46-0001-41-2020 F. RECOMMENDATION ON BIDS FOR THE 2020 SODA ASH SYSTEM IMPROVEMENTS PROJECT - WATER TREATMENT POSSIBLE APPROVAL TO AWARD BID TO CST INDUSTRIES INC. IN THE AMOUNT OF $134,819.00 AND TO AUTHORIZE CITY MANAGER AND FINANCE OFFICE TO SIGN ALL NECESSARY DOCUMENTS AFTER APPROVAL BY THE CITY ATTORNEY G BILLS: APPROVAL OF BILL LIST FOR JUNE 22, 2020 H. PAYROLL – APPROVAL FOR THE PAY PERIOD FROM JUNE 7, 2020 THROUGH JUNE 20, 2020 AND FOR CITY SHARE OF SOCIAL SECURITY, OLD AGE AND SURVIVOR’S INS. RETIREMENT, HEALTH AND LIFE INS. 06/18/2020 Page 2 of 84  I. 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. 06/18/2020 Page 3 of 84 06/18/2020 Page 4 of 84 06/18/2020 Page 5 of 84 06/18/2020 Page 6 of 84 06/18/2020 Page 7 of 84 06/18/2020 Page 8 of 84 06/18/2020 Page 9 of 84 06/18/2020 Page 10 of 84 06/18/2020 Page 11 of 84 06/18/2020 Page 12 of 84  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: June 22, 2020 4A Agenda Section Old Business Originating Fire Marshal Dept: Ord. / Res. Ordinance No. 20-06-04 Prepared by: City Attorney No. of 1 Presented by: Fire Marshal Attachments Item: Possible second reading and final adoption of ordinance amending the Open Burning section of the Aberdeen City Code. City Manager’s Proposed Action: Motion by _________ second by _________ to approve second reading and final adoption of Ordinance No. 20-06-04 amending Article III, Division 3. Open Burning, of Chapter 24 – FIRE PREVENTION AND PROTECTION of the Aberdeen City Code regarding open burning, recreational fires, and portable outdoor fireplaces. Overview: Fire Marshal Chad Nilson requests the Council approve an ordinance amending the conditions and requirements for open burning, recreational fires, and portable outdoor fireplaces within the city limits. The goal of the amendment is to reduce regulations for open burning and recreational fires but still protect life and property. The amendment accomplishes the following:  Deletes the requirement to obtain a permit for a recreational fire, such as a fire pit.  Better defines the types of fires regulated by the Open Burning division.  Establishes and reduces the required distance from a combustible structure or property line for a recreational fire or portable fireplace.  Specifically permits the immediate extinguishment of a fire or correction of a condition in violation of the division. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 20-06-04 {00064122.DOCX / 1} Page 1 of 1 06/18/2020 Page 13 of 84 First Reading: June 15, 2020 Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-06-04 AN ORDINANCE AMENDING CHAPTER 24 – FIRE PREVENTION AND PROTECTION OF THE ABERDEEN CITY CODE REGARDING OPEN BURNING WHEREAS, the City Council of the City of Aberdeen is charged with providing for the health, safety, and property of its citizens through fire prevention and protection within the jurisdictional limits of the city; and WHEREAS, the City Council has determined that the following amendment to Chapter 24 – FIRE PREVENTION AND PROTECTION will benefit the health, safety, and property of the residents 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. Article III, Division 3. Open Burning, of Chapter 24 – FIRE PREVENTION AND PROTECTION, is hereby amended by repeal of Sec. 24-114 and amendment of the remaining sections as follows: Sec. 24-111. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hazardous substance means any matter that is designated as hazardous or dangerous by any local, state or federal law. Open burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. The term "open burning" does not include road flares, smudgepots, and similar devices associates with safety or occupational uses typically considered open flames, recreational fires, or use of portable outdoor fireplaces. For the purpose of this definition, a {00064120.DOCX / 1} Page 1 of 3 Ordinance No. 20-06-04 06/18/2020 Page 14 of 84 chamber shall be regarded as enclosed when, during the time combustion occurs, any apertures, ducts, stacks, flues, or chimney necessary to provide combustion air and permit the escape of exhaust gas are open. The term "open burning" includes bonfires and campfires, but does not include recreational fires, use of portable outdoor fireplaces, road flares, smudgepots, and similar devices associated with safety or occupational uses typically considered open flames. Portable outdoor fireplace means a portable outdoor, solid fuel burning appliance that may be constructed of steel, concrete, clay, or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. Recreational fire means an outdoor fire burning materials other than rubbish where the fire is contained within a device constructed of steel, concrete, clay, or other noncombustible material, fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill, or barbeque pit, and has a total fuel area of three feet or less in diameter, and two feet or less in height, and is used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes, excluding a portable outdoor fireplace, portable grill, and portable smoker. Structure means anything constructed or erected with a fixed location on the ground or attached by something having a fixed location on the ground, including without limitation buildings, walls, fences, billboards and poster panels. Sec. 24-112. Violations; fire extinguishedOpen burning and recreational fires prohibited; exceptions. (a) It is unlawful for any person: (1) To kindle or maintain, or authorize to be kindled or maintained, an open burning or recreational fire in violation of this chapter; (2) To use a portable outdoor fireplace in violation of this chapter; or (3) No person mayTo kindle or maintain, or authorize to be kindled or maintained, any open burning, including a bonfire or campfire, without or recreational fire unless: (1) The person kindling or maintaining or authorizing the kindling or maintaining of such open burning or recreational fire has first obtained a permit from the fire chief or his or her designee or in violation of such permit, unless specifically permitted under section 24-113; or. (b) In addition to the penalties for a violation of this chapter, a law enforcement officer, fire department official, or code enforcement official may immediately extinguish, or cause to be extinguished, any fire and, if found to be a public safety hazard, may stop, correct, or remove such use or condition. (2) A recreational fire is conducted entirely within a properly-zoned public or private campground, confined to a provided fire ring or grill, and burns only dry, seasoned firewood or commercial logs. {00064120.DOCX / 1} Page 2 of 3 Ordinance No. 20-06-04 06/18/2020 Page 15 of 84 Sec. 24-113. Conditions for Pportable outdoor fireplace and recreational fires. OpenA burning which takes place in a portable outdoor fireplace or recreational fire is allowed only under , provided the following conditions are met: (1) Instructions. The portable outdoor fireplace shall be used in accordance with the manufacturer's instructions. (2) Distance. The fire must be in an approved container located not less than 15 feet from any structure: a. Not constructed entirely of non-combustible material; and b. Neither owned by nor located on the property of the person kindling or maintaining the fire. (1) a. The portable outdoor fireplace is located 10 feet or more from the adjacent property line, and 15 feet or more from any combustible material or structure owned by or located on the property of the person kindling or maintaining the fire, is placed on a noncombustible surface, and is used in accordance with the manufacturer’s instructions; or b. The recreational fire is: 1. Located 15 feet or more from the adjacent property line, and 15 feet or more from any combustible material or structure owned by or located on the property of the person kindling or maintaining the fire; or 2. Conducted entirely within a properly-zoned public or private campground and confined to a provided fire ring or grill and burns only dry, seasoned firewood or commercial logs. (23) Adult supervision. The fire must be attended by an adult at all times. Fires must be extinguished before the adult attending the fire leaves the area. (34) Approved devices. All recreational fires must be confined within an approved container or other listed appliance approved for the purpose of burning materials. (45) Suppression. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site extinguishing equipment (such as dirt, sand, water barrel, garden hose, or water truck) shall be available for immediate use. (56) Approved fuel. Except for such kindling or igniting materials as are necessary to ignite the fire, the fire shall be fueled only by clean, dry, seasoned firewood, commercially-available firewood substitutes, or other commercially-available solid fuels designed to be used in outdoor fireplaces without producing excessive smoke. All fuel must be approved for use by the manufacturer of the portable outdoor fireplace. {00064120.DOCX / 1} Page 3 of 3 Ordinance No. 20-06-04 06/18/2020 Page 16 of 84  (67) Prohibited fuel. The following materials may not be used as kindling or fuel for fires or otherwise burned: tires, rubber, oil, plastic, chemicals, landscape waste, green wood, leaves, grass, rooted stumps, animal carcasses, flammables, or hazardous substances. (78) Prohibited locations. No fire may occur upon any right-of-way, highway or street, under utility lines or vegetation located vertically 15 feet overhead, or directly over underground utility lines. (8) Prohibited time periods. No fire may occur when atmospheric conditions or local circumstances make a fire hazardous. (9) Nuisance fires. Nothing herein authorizes any person to maintain a fire which constitutes a nuisance under the provisions of this Code. First Reading: June 15, 2020 Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer {00064120.DOCX / 1} Page 4 of 3 Ordinance No. 20-06-04 06/18/2020 Page 17 of 84  PREVIEW OF ORDINANCE AMENDMENT WITH REDLINED CHANGES ACCEPTED First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-06-04 AN ORDINANCE AMENDING CHAPTER 24 – FIRE PREVENTION AND PROTECTION OF THE ABERDEEN CITY CODE REGARDING OPEN BURNING WHEREAS, the City Council of the City of Aberdeen is charged with providing for the health, safety, and property of its citizens through fire prevention and protection within the jurisdictional limits of the city; and WHEREAS, the City Council has determined that the following amendment to Chapter 24 – FIRE PREVENTION AND PROTECTION will benefit the health, safety, and property of the residents 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. Article III, Division 3. Open Burning, of Chapter 24 – FIRE PREVENTION AND PROTECTION, is hereby amended by repeal of Sec. 24-114 and amendment of the remaining sections as follows: Sec. 24-111. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Hazardous substance means any matter that is designated as hazardous or dangerous by any local, state or federal law. Open burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, any apertures, ducts, stacks, flues, or chimney necessary to provide combustion air and permit the escape of exhaust gas are open. The term "open burning" includes bonfires and campfires, but does not include recreational fires, use of {00062923.DOCX / 1} Page 1 of 3 Ordinance No. 20-06-04 06/18/2020 Page 18 of 84  PREVIEW OF ORDINANCE AMENDMENT WITH REDLINED CHANGES ACCEPTED portable outdoor fireplaces, road flares, smudgepots, and similar devices associated with safety or occupational uses typically considered open flames. Portable outdoor fireplace means a portable outdoor, solid fuel burning appliance constructed of steel, concrete, clay, or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top. Recreational fire means an outdoor fire burning materials other than rubbish where the fire is contained within a device constructed of steel, concrete, clay, or other noncombustible material, has a total fuel area of three feet or less in diameter and two feet or less in height, and is used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes, excluding a portable outdoor fireplace, portable grill, and portable smoker. Structure means anything constructed or erected with a fixed location on the ground or attached by something having a fixed location on the ground, including without limitation buildings, walls, fences, billboards and poster panels. Sec. 24-112. Violations; fire extinguished. (a) It is unlawful for any person: (1) To kindle or maintain, or authorize to be kindled or maintained, an open burning or recreational fire in violation of this chapter; (2) To use a portable outdoor fireplace in violation of this chapter; or (3) To kindle or maintain, or authorize to be kindled or maintained, an open burning, including a bonfire or campfire, without a permit from the fire chief or his or her designee or in violation of such permit, unless specifically permitted under section 24-113. (b) In addition to the penalties for a violation of this chapter, a law enforcement officer, fire department official, or code enforcement official may immediately extinguish, or cause to be extinguished, any fire and, if found to be a public safety hazard, may stop, correct, or remove such use or condition. Sec. 24-113. Conditions for portable outdoor fireplace and recreational fire. A burning which takes place in a portable outdoor fireplace or recreational fire is allowed only under the following conditions: (1) a. The portable outdoor fireplace is located 10 feet or more from the adjacent property line, and 15 feet or more from any combustible material or structure owned by or located on the property of the person kindling or maintaining the fire, is placed on a noncombustible surface, and is used in accordance with the manufacturer’s instructions; or b. The recreational fire is: 1. Located 15 feet or more from the adjacent property line, and 15 feet or more from any combustible material or structure owned by {00062923.DOCX / 1} Page 2 of 3 Ordinance No. 20-06-04 06/18/2020 Page 19 of 84  PREVIEW OF ORDINANCE AMENDMENT WITH REDLINED CHANGES ACCEPTED or located on the property of the person kindling or maintaining the fire; or 2. Conducted entirely within a properly-zoned public or private campground and confined to a provided fire ring or grill and burns only dry, seasoned firewood or commercial logs. (2) Adult supervision. The fire must be attended by an adult at all times. Fires must be extinguished before the adult attending the fire leaves the area. (3) Approved devices. All fires must be confined within an approved container or other listed appliance approved for the purpose of burning materials. (4) Suppression. A minimum of one portable fire extinguisher with a minimum 4-A rating or other approved on-site extinguishing equipment (such as dirt, sand, water barrel, garden hose, or water truck) shall be available for immediate use. (5) Approved fuel. Except for such kindling or igniting materials as are necessary to ignite the fire, the fire shall be fueled only by clean, dry, seasoned firewood, commercially-available firewood substitutes, or other commercially-available solid fuels designed to be used in outdoor fireplaces without producing excessive smoke. (6) Prohibited fuel. The following materials may not be used as kindling or fuel for fires or otherwise burned: tires, rubber, oil, plastic, chemicals, landscape waste, green wood, leaves, grass, rooted stumps, animal carcasses, flammables, or hazardous substances. (7) Prohibited locations. No fire may occur upon any right-of-way, highway or street, under utility lines or vegetation located vertically 15 feet overhead, or directly over underground utility lines. (8) Prohibited time periods. No fire may occur when atmospheric conditions or local circumstances make a fire hazardous. (9) Nuisance fires. Nothing herein authorizes any person to maintain a fire which constitutes a nuisance under the provisions of this Code. First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer {00062923.DOCX / 1} Page 3 of 3 Ordinance No. 20-06-04 06/18/2020 Page 20 of 84  4B 06/18/2020 Page 21 of 84 06/18/2020 Page 22 of 84 06/18/2020 Page 23 of 84 06/18/2020 Page 24 of 84 06/18/2020 Page 25 of 84 06/18/2020 Page 26 of 84 06/18/2020 Page 27 of 84 06/18/2020 Page 28 of 84 06/18/2020 Page 29 of 84 06/18/2020 Page 30 of 84 06/18/2020 Page 31 of 84 06/18/2020 Page 32 of 84 06/18/2020 Page 33 of 84 06/18/2020 Page 34 of 84 06/18/2020 Page 35 of 84 06/18/2020 Page 36 of 84 06/18/2020 Page 37 of 84 06/18/2020 Page 38 of 84 06/18/2020 Page 39 of 84 06/18/2020 Page 40 of 84 06/18/2020 Page 41 of 84 06/18/2020 Page 42 of 84 06/18/2020 Page 43 of 84 06/18/2020 Page 44 of 84 06/18/2020 Page 45 of 84 06/18/2020 Page 46 of 84 06/18/2020 Page 47 of 84 06/18/2020 Page 48 of 84 06/18/2020 Page 49 of 84 06/18/2020 Page 50 of 84 06/18/2020 Page 51 of 84 06/18/2020 Page 52 of 84 06/18/2020 Page 53 of 84 06/18/2020 Page 54 of 84 06/18/2020 Page 55 of 84 06/18/2020 Page 56 of 84 06/18/2020 Page 57 of 84 06/18/2020 Page 58 of 84 06/18/2020 Page 59 of 84 06/18/2020 Page 60 of 84 06/18/2020 Page 61 of 84  City of Aberdeen Request for Council Action Agenda Item No. Meeting Date: June 22, 2020 6A Agenda Section New Business Originating Public Works Dept: Ord. / Res. Resolution No. 20-06-08R Prepared by: Robin Bobzien No. of 2 Presented by: Robin Bobzien Attachments Item: Possible approval of Resolution No. 20-06-08R accepting dedication of water main and easement for public use. City Manager’s Proposed Action: 1. Motion by ___________ second by _________ to approve Resolution No. 20-06-08R accepting dedication for public use of the water main and easement identified in the “Agreement For Perpetual Water Main Easement”, and to authorize the Mayor or City Manager to execute and record with the register of deeds such Agreement. Overview: The intent of the resolution is to transfer to the City for public use a water main and easement from Bethlehem Evangelical Lutheran Church of Aberdeen upon the real property legally described in the Agreement. Acceptance by the Council of the dedicated public improvement conveys such improvement to the City and obligates the City to assume the future operation and maintenance of the improvement. The City Engineer recommends approval. Primary Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: Very minimal change with O & M coming from the Water Fee charged by the City. Attachments: 1. Resolution No. 20-06-08R 2. Agreement For Perpetual Water Main Easement {00064124.DOCX / 1} Rev 7/09 06/18/2020 Page 62 of 84  RESOLUTION NO. 20-06-08R RESOLUTION OF ACCEPTANCE OF WATER MAIN WHEREAS, Bethlehem Evangelical Lutheran Church of Aberdeen, a South Dakota nonprofit church corporation, as owner of the real property at 1620 Milwaukee Ave. NE, Aberdeen, SD, desires without compensation to dedicate a six-inch PVC C900 water main pipeline, and appurtenances, and to grant a perpetual water main easement (hereinafter collectively referred to as “water main”) to the City of Aberdeen for use in its municipal water transmission and distribution system, all as set forth in the “Agreement For Perpetual Water Main Easement” attached hereto and incorporated herein by reference; and WHEREAS, said water main is located wholly within the real property legally described as: Outlot 2, Block F in the Southeast Quarter of Section 18, Township 123 North, Range 63 West of the 5th P.M., except Bethlehem Evangelical Lutheran Church Addition and except Lot H-1 and except Railroad Right of Way, Brown County, South Dakota, according to the plat thereof of record; and WHEREAS, said water main is in conformance with all requirements mandated by the City Engineer in furtherance of the City’s municipal water transmission and distribution system. NOW, THEREFORE, BE IT RESOLVED that the City of Aberdeen shall accept ownership of the above water main from the owner and the easement therefor, and thereafter assume the operation and maintenance of the water main. The foregoing Resolution was approved after first reading and passed at a regular meeting of the Aberdeen City Council on the 22nd day of June, 2020. Number of AYES: Number of NAYS: Members abstaining: Travis Schaunaman, Mayor ATTEST: Finance Officer {00059769.DOCX / 1} 06/18/2020 Page 63 of 84 06/18/2020 Page 64 of 84 06/18/2020 Page 65 of 84 06/18/2020 Page 66 of 84  6B 06/18/2020 Page 67 of 84 06/18/2020 Page 68 of 84 06/18/2020 Page 69 of 84  6C 06/18/2020 Page 70 of 84  6D 06/18/2020 Page 71 of 84 06/18/2020 Page 72 of 84 06/18/2020 Page 73 of 84 06/18/2020 Page 74 of 84  6E 06/18/2020 Page 75 of 84 06/18/2020 Page 76 of 84 06/18/2020 Page 77 of 84 06/18/2020 Page 78 of 84 06/18/2020 Page 79 of 84 06/18/2020 Page 80 of 84  6F 06/18/2020 Page 81 of 84 06/18/2020 Page 82 of 84 06/18/2020 Page 83 of 84  6G 06/18/2020 Page 84 of 84