Aberdeen City Council

AGENDA ABERDEEN CITY COUNCIL REGULAR MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, OCTOBER 19, 2020 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. CALL TO ORDER ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. MINUTES, CITY COUNCIL MEETING OF OCTOBER 13, 2020 OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 4. OLD BUSINESS A. ORDINANCE NO. 20-10-02 AMENDING CHAPTER 2 - ADMINISTRATION OF THE CITY CODE REGARDING MEETINGS OF THE COUNCIL AND CITY BOARDS POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 20-10-02 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET HEARING DATE OF NOVEMBER 2, 2020 AT 5:30 P.M. – TRANSFER OF RETAIL ON-SALE LIQUOR LICENSE FROM RONCO FOODS INC. DBA JERSEY’S SPORTS BAR AND GRILL, 2020 – 8TH AVENUE, NE-SUITE 1 TO DOM, INC. DBA MOCCASIN CREEK CASINO, 1711 – 4TH AVENUE, SE B. SET BID DATE OF NOVEMBER 10, 2020 AT 2:00 P.M. 1. ADVERTISEMENT FOR BIDS ON ONE NEW 2021 SINGLE AXLE TRUCK CAB AND CHASSIS FOR PUBLIC WORKS DEPARTMENT – UTILITY DIVISION 2. ADVERTISEMENT FOR BIDS ON 2021 WATER TREATMENT CHEMICALS 6. NEW BUSINESS A. HEARING ON NEW RETAIL ON-OFF SALE MALT BEVERAGE AND SD FARM WINE LICENSE FOR CATCHING FIREFLIES BOUTIQUE, LLC AT 601 RIVERSIDE DRIVE POSSIBLE APPROVAL OF A RETAIL ON-OFF SALE MALT BEVERAGE AND SD FARM WINE LICENSE FOR CATCHING FIREFLIES BOUTIQUE, LLC AT 601 RIVERSIDE DRIVE B. CONSIDERATION OF K.O. LEE ABERDEEN PUBLIC LIBRARY CONTRACT WITH BROWN COUNTY FOR 2021 POSSIBLE APPROVAL OF THE CONTRACT TO PROVIDE FOR LIBRARY SERVICES BETWEEN THE CITY OF ABERDEEN AND BROWN COUNTY FROM JANUARY TO DECEMBER, 2021 FOR THE AMOUNT OF $12,000 C. IN-TERMINAL CAR RENTAL CONCESSIONAIRES AT THE AIRPORT POSSIBLE APPROVAL TO AWARD THE IN-TERMINAL CAR RENTAL CONCESSIONS AGREEMENT TO THE ABERDEEN FLYING SERVICE DBA HERTZ AND MEIER AND COMPANY DBA AVIS 10/15/2020 Page 1 of 50  D. OFF-TERMINAL CAR RENTAL CONCESSIONAIRES AT THE AIRPORT POSSIBLE APPROVAL TO AWARD THE OFF-TERMINAL CAR RENTAL CONCESSIONS AGREEMENT TO THE ABERDEEN FLYING SERVICE AND ENTERPRISE E. ACTIVITIES UPDATE FROM THE ABERDEEN AREA CHAMBER OF COMMERCE F. BILLS: APPROVAL OF BILL LIST FOR OCTOBER 19, 2020 G. 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. **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. 10/15/2020 Page 2 of 50 10/15/2020 Page 3 of 50 10/15/2020 Page 4 of 50 10/15/2020 Page 5 of 50 10/15/2020 Page 6 of 50 10/15/2020 Page 7 of 50  6A City of Aberdeen Request for Council Action 4A Agenda Item Meeting Date: October 19, 2020 No. Agenda Section Old Business Originating City Manager Dept: Ord. / Res. Ordinance No. 20-10-02 Prepared by: City Attorney No. of 2 Presented by: City Manager Attachments City Attorney Item: Possible second reading and final adoption of ordinance amending the City Code regarding meetings of the Council and City boards. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve second reading and final adoption of Ordinance No. 20-10-02 amending Chapter 2, Article II, Division 2 of the Aberdeen City Code regarding meetings of the Council and City boards. Overview: The Aberdeen Home Rule Charter and Aberdeen City Code regulate the frequency and conduct of meetings of the Council. The proposed ordinance amendment: (1) reduces regular Council meeting frequency from every Monday to the 1st, 3rd, and 4th Mondays of each month; (2) deletes specific reference to Robert’s Rules of Order and permits the Council to adopt and amend other rules and order of business for the conduct of meetings; (3) provides for teleconference meetings of the Council and City boards; and (4) replaces “board of council members” with “city council”. The proposed change to the frequency of regular meetings will reduce the meetings total from 52 to 36 in a calendar year. Administration requested this change to permit staff to better plan and prepare for issues requiring Council consideration or action. Robert’s Rules of Order is complicated, difficult to navigate, and ill-suited as the mandated guide for the conduct of meetings by a small governing body like our Council (i.e., less than 12 members). The proposed amendment would permit the Council to adopt its own rules of order. Adoption of new rules of order would need to follow the effective date of approval of the ordinance. As an alternative to Robert’s Rules, the Council may consider adopting a Handbook that proposes new rules of order to foster 10/15/2020 Page 8 of 50 debate and discussion during meetings, a summary of motions, a statement of Council values, and a comprehensive set of bylaws for the conduct of the business of the Council. Reconciling state Open Meeting laws with the ability to conduct business remotely presents many challenges. Prompted by the difficulties inherent in holding public meetings in a COVID-19 environment, the amendment proposes to replace Aberdeen City Code, Sec. 2-59 with a new, lawful procedure for holding meetings of the Council and City boards by teleconference, when necessary. The current Sec. 2-59 is unnecessary as it simply repeats the Council voting requirements set forth in the City Charter at Sec. 2.11(c). Primary Issues/Alternatives to Consider: At the Council’s 9-28-20 work session, the City Manager presented a proposal for two regular Council meetings and one special meeting/work session each month. After discussion, the direction was to move forward with a plan for three regular meetings each month on the 1st, 3rd, and 4th Mondays at 5:30pm. Attached is a calendar showing holidays, proposed Council meetings, and a monthly staff meeting. The City Manager recommends this change and believes doing so will allow staff additional time to prepare agenda items and allow better coordination between departments and with Board meetings. Budgetary/Fiscal Issues: None Attachments: 1. Ordinance No. 20-10-02 2. 2020-2021 Meeting Calendar 10/15/2020 Page 9 of 50 First Reading: October 13, 2020 Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-10-02 AN ORDINANCE AMENDING CHAPTER 2 – ADMINISTRATION OF THE ABERDEEN CITY CODE REGARDING MEETINGS OF THE COUNCIL AND CITY BOARDS 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 the conduct of public bodies of the City subject to Open Meetings laws. WHEREAS, the efficient working of the public’s business at City Council meetings requires setting the groundwork for orderly and respectful communications between and among council members, City staff, and citizens while upholding the letter and spirit of the Open Meetings laws; and WHEREAS, the City Council has determined that the following amendment to the Aberdeen City Code will provide the Council increased order and efficiency in the conduct of its meetings and hearings and necessary flexibility in the manner in which the public bodies of the City conduct their meetings to address emergencies and other circumstances that make meeting at a physical location impossible or contrary to efficient or safe governance. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Article II, Division 2. Meetings of Chapter 2 - ADMINISTRATION, is hereby amended as follows: Sec. 2-54. Regular meetings. The regular meetings of the city councilboard of councilmembers shall be held at the municipal building in the city, or at such place as otherwise provided upon public notice, on the 10/15/2020 Page 10 of 50 first, third, and fourth Monday of each monthweek at 5:30 p.m., except when the Monday is a legal holiday, and in that case, the meeting shall be held the same hour on the following business day or as announced by the city councilboard of councilmembers with public notice being given at least five days in advance. Sec. 2-55. Call of special meetings. Special meetings of the city councilboard of councilmembers may be called at any time by the mayor, or by two members of the city council, to consider only such matters as may be mentioned in the call for the meeting. Sec. 2-58. Rules of orderprocedure. The board of councilmembers hereby adopts Robert's Rules of Order, Newly Revised, 11th Editioncity council shall adopt, and may amend from time to time, rules and order of business for the purpose of conducting meetings in a democratic manner to ensure its protection and to consider the rights of its members. 2. Sec. 2-59 of Chapter 2 – ADMINISTRATION, which repeats Sec. 2.11(c) of the Aberdeen Home Rule Charter regarding voting, shall be repealed and replaced with a new section regarding teleconferences: Sec. 2-59. Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays 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 herein, shall be valid or binding unless adopted by the affirmative vote of a majority of those present or more members of the council. Sec. 2-59. Teleconference. (a) The following definitions shall apply to this section unless the context requires otherwise: “Administrator” means the person hosting a teleconference by providing call-in information, initiating the teleconference, coordinating and moderating participants and listeners or viewers, providing audio and video support, and attending to all other matters required to conduct the teleconference. “Hosted teleconference” means an official meeting of the city council, or of a board, authority, commission, or committee of the city, conducted by teleconference: (1) Upon public notice that a quorum may not be physically present at a single location; (2) Hosted by an administrator; and 10/15/2020 Page 11 of 50  (3) In which the public may listen to and, when permitted, participate in the meeting if not closed to the public pursuant to specific law. “Teleconference” means information exchanged by any audio, video, or electronic medium, including the internet, but does not include email or similar network messaging platform. (b) When necessary, and upon a call of the mayor or two members of the council, a meeting of the city council may be conducted by hosted teleconference in accordance with state law. Any other board, authority, commission, or committee of the city, when necessary, may conduct a meeting by hosted teleconference in accordance with state law. (c) The finance officer, or designee, shall be the administrator for a hosted teleconference of the city council. (d) Provided a quorum is present at the physical location of a meeting not conducted by hosted teleconference, any councilmember, or any member of a board, authority, commission, or committee of the city, may participate in such meeting by teleconference if unable to attend in person. Each vote taken while a councilmember or member is participating by teleconference shall be by roll call. First Reading: October 13, 2020 Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 10/15/2020 Page 12 of 50 10/15/2020 Page 13 of 50 10/15/2020 Page 14 of 50  City of Aberdeen - Request for Council Action 5 October 19, 2020 Agenda Section – Consent Calendar - This request for Council Action lists all the items which have been included in the consent agenda for this meeting. The City Council can approve all of the items with a single motion to approve. The Mayor will allow the Council Members an opportunity to state whether there are any of these items which you wish to have removed from the Consent Agenda approval and to have discussed and acted upon separately by the City Council. Items: A. SET HEARING DATE OF NOVEMBER 2, 2020 AT 5:30 P.M. – TRANSFER OF RETAIL ON-SALE LIQUOR LICENSE FROM RONCO FOODS INC. DBA JERSEY’S SPORTS BAR AND GRILL, 2020 – 8TH AVENUE, NE-SUITE 1 TO DOM, INC. DBA MOCCASIN CREEK CASINO, 1711 – 4TH AVENUE, SE B. SET BID DATE OF NOVEMBER 10, 2020 AT 2:00 P.M. 1. ADVERTISEMENT FOR BIDS ON ONE NEW 2021 SINGLE AXLE TRUCK CAB AND CHASSIS FOR PUBLIC WORKS DEPARTMENT – UTILITY DIVISION 2. ADVERTISEMENT FOR BIDS ON 2021 WATER TREATMENT CHEMICALS 10/15/2020 Page 15 of 50 10/15/2020 Page 16 of 50 10/15/2020 Page 17 of 50 10/15/2020 Page 18 of 50 10/15/2020 Page 19 of 50 10/15/2020 Page 20 of 50 10/15/2020 Page 21 of 50  6A 10/15/2020 Page 22 of 50 10/15/2020 Page 23 of 50 10/15/2020 Page 24 of 50 10/15/2020 Page 25 of 50  6B 10/15/2020 Page 26 of 50 10/15/2020 Page 27 of 50 10/15/2020 Page 28 of 50  XXXXXXXXXXX 6C October 19, 2020 10/15/2020 Page 29 of 50 10/15/2020 Page 30 of 50 10/15/2020 Page 31 of 50 10/15/2020 Page 32 of 50 10/15/2020 Page 33 of 50  6D XXXXXXXXXX October 19, 2020 10/15/2020 Page 34 of 50 10/15/2020 Page 35 of 50 10/15/2020 Page 36 of 50 10/15/2020 Page 37 of 50 10/15/2020 Page 38 of 50 10/15/2020 Page 39 of 50 10/15/2020 Page 40 of 50 10/15/2020 Page 41 of 50 10/15/2020 Page 42 of 50 10/15/2020 Page 43 of 50 10/15/2020 Page 44 of 50 10/15/2020 Page 45 of 50 10/15/2020 Page 46 of 50 10/15/2020 Page 47 of 50 10/15/2020 Page 48 of 50 10/15/2020 Page 49 of 50  6F 10/15/2020 Page 50 of 50