Aberdeen City Council
Regular MeetingAberdeen, SD · November 23, 2020
Agenda
AGENDA
ABERDEEN CITY COUNCIL REGULAR MEETING
CITY OF ABERDEEN, SOUTH DAKOTA
MONDAY, NOVEMBER 23, 2020 AT 5:30 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST.
1. CALL TO ORDER
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES, CITY COUNCIL MEETING OF NOVEMBER 16, 2020
4. OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA
5. CONSENT CALENDAR – POSSIBLE APPROVAL
A. SET HEARING DATE OF DECEMBER 7, 2020 AT 5:30 P.M. FOR NEW RETAIL ON-OFF
SALE MALT BEVERAGE & SD FARM WINE LICENSE FOR CATHERINE INFANTE DBA
CORNER POCKET CAFÉ, 202 NORTH MAIN ST.
B. PLATS:
1. BEHRENS FIRST ADDITION TO THE CITY OF ABERDEEN IN THE NE ¼ OF SEC. 23,
T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (501 AND 521 SIXTH AVE., SW)
2. SCOTT GANJE CONSOLIDATION SUBDIVISION TO THE CITY OF ABERDEEN IN THE
NW ¼ OF SEC. 19, T123N, R63W OF THE 5TH P.M., BROWN COUNTY, SD (817 SOUTH
HIGH ST.)
3. KORF FIRST ADDITION TO THE CITY OF ABERDEEN IN THE SW ¼ OF SEC. 24, T123N,
R64W OF THE 5TH P.M., BROWN COUNTY, SD (1748 SOUTH FIRST ST.)
4. SCHLOSSER’S FIRST NORTH-VIEW ADDITION TO THE CITY OF ABERDEEN IN THE
SW ¼ OF SEC. 7, T123N, R63W OF THE 5TH P.M., BROWN COUNTY, SD
(1015 TWELFTH AVE., NE)
C. LOTTERY NOTICE – PRESENTATION COLLEGE BASEBALL – RECEIVE AND PLACE ON
FILE
D. REQUEST FOR STREET USE – FIFTH AVE., SE FROM ALLEY TO LINCOLN ST. FOR THE
FIRST UNITED METHODIST CHURCH’S LIVING NATIVITY ON DECEMBER 5, 2020
E. 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
6. OLD BUSINESS
A. RECOMMENDATION ON BIDS FOR TWO 2022 SINGLE AXLE TRUCK CAB AND CHASSIS
FOR PUBLIC WORKS DEPARTMENT – UTILITY DIVISION
POSSIBLE APPROVAL TO AWARD BID FOR TWO 2022 FREIGHTLINER
SINGLE AXLE TRUCKS TO TRUCK CENTER COMPANIES AT A COST
OF $62,271.00 EACH
7. NEW BUSINESS
A. PUBLIC HEARING ON PETITION TO REZONE PROPERTY DESCRIBED AS LOTS 1 AND 2,
BLOCK 16, ORIGINAL PLAT OF ABERDEEN (6 SOUTH FIRST ST.) FROM (I-2) DISTRICT
TO (C-3)/(R-4) DISTRICTS
POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-01 TO REZONE
THE PROPERTY
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B. DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-02 REQUIRING
FACE COVERINGS
POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-02
C. POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-04 SETTING THE SALARIES AND
WAGES OF CITY OFFICIALS AND EMPLOYEES FOR THE UPCOMING YEAR
POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-04
D. POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-05 SUPPLEMENTING THE 2020
BUDGET FOR VARIOUS UNANTICIPATED PROJECTS, ACTIVITIES, AND EXPENSES
RELATED TO COVID
POSSIBLE FIRST READING OF ORDINANCE NO. 20-11-05
E. 2020 PERFORMANCE REVIEWS OF THE CITY MANAGER, FINANCE OFFICER, AND CITY
ATTORNEY
MOTION BY THE COUNCIL TO CONDUCT THE 2020 PERFORMANCE
REVIEWS OF THE APPOINTED OFFICERS THEN PLACE COMPLETED
PERFORMANCE REVIEWS IN PERSONNEL FILES OF THE OFFICERS
F. 2021 WATER TREATMENT CHEMICALS
POSSIBLE APPROVAL TO AWARD THE BIDS FOR WATER TREATMENT
CHEMICALS AS RECOMMENDED BY THE WATER TREATMENT DEPT.
G. PAY REQUEST – 2020 SODA ASH SYS. IMPROVEMTS. – CST INDUSTRIES, INC. $134,819.00
POSSIBLE APPROVAL OF THE FINAL PAYMENT IN THE AMOUNT OF
$134,819.00 TO CST INDUSTRIES, INC. FOR WORK ON THE PROJECT
H. PAYMENT/CHANGE ORDER FOR 15TH AVE. SE STORM SEWER IMPROVEMENTS
POSSIBLE APPROVAL OF PAYMENT #3 IN THE AMOUNT OF $387,096.71
AND CHANGE ORDER #2 (FINAL) IN THE AMOUNT OF $14,527.35 TO B & B
CONTRACTING FOR WORK ON THE PROJECT
8. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL
A. BILLS: APPROVAL OF BILL LIST FOR NOVEMBER 23, 2020
B. PAYROLL – APPROVAL FOR PAY PERIOD FROM NOVEMBER 8, 2020 THROUGH
NOVEMBER 21, 2020 AND FOR CITY’S SHARE OF SOCIAL SECURITY, OLD AGE
AND SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE
9. CITY MANAGER’S REPORT
10. ADJOURNMENT
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
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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.
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6A
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7A
xxxxxx
- Ordinance No. 20-11-01
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City of Aberdeen
Request for Council Action
7B
Agenda Item No. Meeting Date: November 23, 2020
Agenda Section New Business Originating Dept: Councilmembers Langer,
Remily, Ronayne, Rux
Ord. / Res. Ordinance No. 20-11-02 Prepared by: City Attorney
No. of 1 Presented by: Councilmembers
Attachments
Item:
Discussion and possible first reading of Ordinance No. 20-11-02 requiring face coverings.
City Manager’s Proposed Action:
Motion by ___________ second by _________ to approve first reading of Ordinance No.
20-11-02.
Overview:
This ordinance is proposed in response to the COVID-19 pandemic and requires all persons over
the age of 11 to wear a face covering (mask) while in a public accommodation, unless otherwise
permitted.
Primary Issues/Alternatives to Consider:
Budgetary/Fiscal Issues:
Attachments: 1. Ordinance No. 20-11-02
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First Reading:
Second Reading:
Final Adoption:
Published:
Effective Date:
ORDINANCE NO. 20-11-02
AN 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, in December 2019, medical professionals detected a novel coronavirus,
now designated as “SARS-CoV-2” which causes a severe respiratory disease known as
“coronavirus disease 2019”, abbreviated and popularly known as “COVID-19”; and
WHEREAS, COVID-19 is caused by the person to person spread of the novel
coronavirus through direct or close proximate contact and presents an imminent threat of
widespread illness; and
WHEREAS, on March 11, 2020 the World Health Organization Director General
characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020 the President of the United States declared the COVID-
19 outbreak a national emergency; and
WHEREAS, Governor Noem on March 13, 2020 issued Executive Order 2020-04
declaring that a state of public health emergency exists within the State of South Dakota due to
COVID-19, and that such emergency poses a danger to the public health and safety in all of
South Dakota and impacts the daily lives of our citizens, health care systems, businesses, and the
function of state and local governments; and
WHEREAS, Governor Noem on July 7, 2020, issued Executive Order 2020-30 declaring
the continued state of the public health emergency in the State of South Dakota, which Order
shall remain in effect until expiration on December 30, 2020, unless sooner terminated or
extended; and
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WHEREAS, since the Governor’s original declaration of the public health emergency on
March 13, 2020 (Executive Order 2020-04), Brown County has reported the following numbers
of positive COVID-19 tests and hospitalized persons through November 13, 2020:
Total
Reporting Positive Total
Period End Date Tests Hospitalized
March 30 4 No data
April 30 33 No data
May 31 273 No data
June 30 342 No data
July 31 397 No data
August 31 675 26
September 30 1240 54
October 31 2150 114
November 13 2766 157
WHEREAS, COVID-19 positive cases in Brown County, of which Aberdeen represents
approximately 75% of the total county population, have increased exponentially in the past few
months and, since August 31st, the county to date has reported more than 2,100 positive tests and
131 hospitalizations. November continues to see an upward trend and will be the highest for
hospitalizations and positive tests for any month since the beginning of the COVID-19 pandemic;
and
WHEREAS, the City’s largest health care provider, Avera St. Luke’s, through its
President and CEO, Todd Forkel, has expressed concern over the rising hospitalizations
exhausting medical staff and resources, and supports local government measures requiring
persons to wear face coverings as recommended by the CDC; and
WHEREAS, on October 16, 2020, Mayor Travis Schaunaman joined 15 other mayors
from the state’s most populous cities in a letter encouraging all citizens to do their part in
preventing the virus by: wearing a face covering when physical distancing cannot be maintained,
keeping social interactions to small groups, washing hands frequently, cleaning frequently
touched surfaces, and staying home when feeling sick as recommended by the CDC and the SD
Department of Health; and
WHEREAS, on October 27, 2020, representatives from the state’s largest medical
providers, including Avera and Sanford, launched the “Mask Up South Dakota” campaign
encouraging residents to practice good hygiene, social distancing and wearing a face covering;
and
WHEREAS, while mask use may protect the wearer from some airborne coronavirus,
the more significant protection is that wearing a face covering reduces the transmission of the
disease from the wearer to healthy bystanders; and
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WHEREAS, the recently released study by Vanderbilt University Medical Center and
Vanderbilt School of Medicine determined that areas in which masking requirements have
remained in place have seen much lower growth in COVID-19 hospitalizations than those areas
with no masking requirements; and
WHEREAS, the use of face coverings, while not the only solution, is a non-intrusive
way to reduce the spread of COVID-19. A face covering, combined with physical distancing,
limits on the number of persons engaging in certain enhanced risk activities together or gathered
in higher risk locations, and frequent hand washing, is crucial to reducing illnesses,
hospitalization, and deaths associated with the coronavirus pandemic.
WHEREAS, COVID-19 spreads mainly from person to person through respiratory
droplets produced when an infected person coughs, sneezes, talks, or raises their voice (e.g.,
while shouting, chanting, or singing). These droplets can land in the mouths or noses of people
who are nearby or possibly be inhaled into the lungs. The general philosophy behind a cloth face
covering is that while it does not directly protect the wearer, it likely keeps the wearer—
symptomatic or not—from spreading the illness—whether or not they know they are infectious;
and
WHEREAS, the City Council finds, due to a high rate of growth of COVID-19 cases in
South Dakota and the north-central South Dakota region, the present public health emergency
requires a response by the City to protect human life; and
WHEREAS, the City Council desires to create a strong community response that could
slow the rate of COVID-19 and protect public health and safety; and
WHEREAS, the City Council, in partnership with Brown County Emergency
Management and local media outlets, plan to continue to communicate to the community the
importance of “doing your part” to prevent COVID-19; and
WHEREAS, the City Council will continue to work with local businesses to ensure
continued operation by keeping employees and customers healthy and safe; and
WHEREAS, Resolution No. 20-11-02R recommending, but not requiring, the use of
face coverings has not been effective in reducing the spread of COVID-19 in the City; and
WHEREAS, it is the judgment of the City Council that requiring persons in certain
settings to wear face coverings could slow the rate of spread of COVID-19 in the City and would
better protect public health and safety; and
WHEREAS, the City Council finds that the restrictions established by this ordinance are
consistent with and authorized by the Governor’s “Back to Normal” Plan and are necessary for
the prevention and spread of the contagious virus causing the deadly COVID-19 disease within
the City of Aberdeen.
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SECTION A.
BE IT ORDAINED BY THE CITY OF ABERDEEN as follows:
1. Definitions. The following definitions shall apply to this ordinance unless the
context requires otherwise:
Face Covering or mask means a device that covers the nose and mouth. A Face Covering
must be worn to cover the nose and mouth completely, and can include a paper or disposable
face mask, a cloth mask, a scarf, a bandana, or neck gaiter.
Public Accommodation means any business or other facility within the corporate limits of
the city, both public and private, both indoors and outdoors, open to and used by the public,
including but not limited to retail and grocery stores, service establishments, schools except
schools of higher education, other educational providers, transportation services and associated
waiting areas, public and private social clubs, and sporting events.
2. Face coverings in places of Public Accommodation. Except as otherwise
provided in this ordinance, all persons over the age of eleven (11), including employees or
visitors, present in those parts of any Public Accommodation open to the public must wear a
Face Covering, including while standing in a line to enter the place of Public Accommodation,
subject to the following exceptions:
(a) Children under the age of three (3);
(b) Children ages 3 to 11 are strongly encouraged, but not required to wear a Face
Covering, while under the direct supervision of an adult;
(c) Persons with health conditions that prohibit wearing a Face Covering. Nothing in
this section shall require the use of a Face Covering by any person for whom
doing so would be contrary to their health or safety because of a medical
condition;
(d) Persons who have trouble breathing, or are unconscious, incapacitated, or
otherwise unable to remove the Face Covering without assistance;
(e) Persons who are hearing impaired, or someone who is communicating with a
person who is hearing impaired, where the ability to see the mouth is essential for
communication;
(f) Persons who are at a place of Public Accommodation who are consuming food or
drink while maintaining a physical distance from other groups of patrons of a
least six feet, but such persons must wear a Face Covering while in waiting areas
and while walking to and from seating or other parts of the premises;
(g) Persons at a swimming pool;
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(h) Persons who are obtaining a service involving the head, face, or nose for which
temporary removal of the Face Covering is necessary to perform the service;
(i) Persons playing a sport, exercising, or using exercise equipment while exerting
themselves;
(j) Persons working in settings which might increase the risk of heat-related
illnesses;
(k) Persons who are outdoors while maintaining physical distancing of at least six
feet, except as otherwise provided in this section, and persons who are outdoors
who are closer than six feet to solely members of their own household; and
(l) Speakers and performers while addressing and performing for a group of persons,
provided the speakers and performers can maintain a distance of at least six feet
from any other person.
(m) Persons engaged in religious worship activities; however, Face Coverings are
strongly encouraged.
3. A person who owns, manages, operates, or otherwise controls a place at which
wearing Face Coverings is required must comply and require patrons or customers to comply
with the provisions of Section A.2. However, no such person shall be in violation of this
ordinance if a patron or customer refuses a directive to wear a Face Covering.
4. The City encourages all individuals and Public Accommodations within the City
to continue to follow the CDC guidelines for physical distancing and hygiene practices to reduce
community spread of the coronavirus.
SECTION B.
BE IT FURTHER ORDAINED as follows:
1. Sunset provision. Unless sooner repealed, this ordinance shall be automatically
repealed on the date the Governor of the State of South Dakota declares the public health
emergency due to the COVID-19 pandemic no longer exists. Nothing herein shall be construed
to prevent the City Council from adopting another ordinance necessary for the preservation of
the public peace, health, or safety in response to the COVID-19 pandemic.
2. No penalty. Although these measures are being mandated with the strongest
possible recommendation, there is no penalty for noncompliance with this ordinance.
3. Law enforcement assistance. This mandate shall not prohibit law enforcement
officers or local officials from enforcing trespassing laws or other applicable laws in removing
violators at the request of businesses or other property owners or managers.
4. Public nuisance. Violation of this ordinance is hereby declared to be a public
nuisance, which may be abated by a City code enforcement official by restraining order,
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preliminary and permanent injunction, or other means provided for by law, and the City may
take action to recover the costs of the nuisance abatement.
First Reading:
Second Reading:
Final Adoption:
Published:
Effective Date:
Travis Schaunaman, Mayor
ATTEST:
Karl Alberts, Finance Officer
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7C
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7D
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City of Aberdeen
Request for Council Action
7E
Agenda Item No. Meeting Date: November 23, 2020
Agenda Section New Business Originating Dept: City Council
Ordinance/Resolution Prepared by: City Attorney
No. of Attachments Presented by: City Manager /
City Attorney
Item:
2020 performance reviews of the City Manager, Finance Officer, and City Attorney.
City Manager’s Proposed Action:
1. Motion by second by that the Council conduct the 2020 performance
reviews of appointed officers Joe Gaa – City Manager, Karl Alberts – Finance Officer, and Ronald
Wager – City Attorney, to then place the completed performance reviews in the personnel files of such
officers, such performance reviews to remain privileged and confidential according to law.
Overview:
These three officers are specifically appointed by the Council as set forth in the recently-amended City
Charter and subject to appraisals of their performance at the Council’s discretion, except for the City
Manager, whose initial performance review must be conducted the week of December 15. Once
completed, the performance reviews will be placed in the personnel files of each respective appointed
officer, subject to the privileges and confidences afforded by law.
Primary Issues/Alternatives to Consider:
The Council should go into executive session to review and/or discuss the qualifications, competence,
performance, character, or fitness of the public officers. SDCL § 1-25-2(1).
Budgetary/Fiscal Issues: None
Attachments: None
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7F
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7G
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7H
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8A
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