Aberdeen City Council

AGENDA ABERDEEN CITY COUNCIL REGULAR MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, JUNE 7, 2021 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 MAY 24, 2021 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 JUNE 21, 2021 AT 5:30 P.M. – TRANSFERS OF RETAIL ON-SALE LIQUOR AND PACKAGE OFF-SALE LIQUOR LICENSES FROM ZBC, INC. DBA LUCKY’S DRINKERY, 420 SOUTH MAIN ST. TO AUD RENTALS, LLC DBA 420 SOUTH MAIN ST. B. SET HEARING DATE OF JUNE 28, 2021 AT 5:30 P.M. 1. REZONE PROPERTY DESCRIBED AS LOT 6, GAGES FIRST REPLAT OF LOTS 1 TO 12, BLOCK 43, BENNETT & THOMAS ADDITION (507 NORTH 2ND ST.) FROM (C-2) DISTRICT TO (R-3) DISTRICT 2. REZONE PROPERTY DESCRIBED AS PROPOSED LOT 1, SIXTH AND WASHINGTON SW ADDITION (120 AND 124 – 6TH AVENUE, SE AND 610 SOUTH WASHINGTON ST.) FROM (C-3)/(R-4) DISTRICTS AND (R-3) DISTRICT TO (C-3)/(R-4) DISTRICTS C. LICENSES 1. MASTER/JOURNEYMAN PLUMBER – COMMERCIAL PLUMBING & HEATING 2. RESIDENTIAL BUILDING CONTRACTOR – JEFFREY DEUEL 3. SIDEWALK CONTRACTOR – PRO CONTRACTING INC. 4. TAXI CAB DRIVER – SHAWN SCHAUNAMAN D. REQUEST TO SERVE AND PERMIT CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE WYLIE PARK PAVILION ON JULY 10, 2021 FOR A CHRISTENSON – MAHAFFIE WEDDING E. REQUESTS FOR STREET USE 1. 10 BLOCK OF 5TH AVENUE, SW OR 500 BLOCK OF RAILROAD AVENUE, SE FOR CROSSFIT RAILS’ “CROSSFIT COMPETITION” ON JUNE 12, 2021 2. 5TH AVENUE, SE BETWEEN SOUTH LINCOLN STREET AND SOUTH WASHINGTON ST. FOR FIRST UNITED METHODIST CHURCH’S “CAR SHOW” ON JUNE 27, 2021 F. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE 1. BROWN COUNTY PET RESCUE 2. CAMP DREAMMAKERS 3. CROSSFIT RAILS G. AIP #3-46-0001-39-2018 AIRPORT MASTER PLAN AND AIRPORT LAYOUT PLAN – FINANCIAL CLOSE-OUT REPORT 06/03/2021 Page 1 of 203 6. OLD BUSINESS A. ORDINANCE NO. 21-04-01 TO REZONE PROPERTY DESCRIBED AS ERDMANN 1ST SUBDIVISION TO THE CITY OF ABERDEEN IN THE SW ¼ OF SEC. 13, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (302 SOUTH 4TH ST.) FROM (I-2) DISTRICT AND (C-3)/(R-4) DISTRICTS TO (I-2) DISTRICT FOR RONALD AND KAREN ERDMANN POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 21-04-01 B. ORDINANCE NO. 21-05-02 REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 21-05-02 7. NEW BUSINESS A. PUBLIC HEARING FOLLOWED BY POSSIBLE PASSAGE OF RESOLUTION APPROVING LEASE OF THE MUNICIPAL AIRCRAFT HANGAR TO A PRIVATE PERSON FOR 5 YEARS BEGINNING IN 2021 POSSIBLE APPROVAL OF RESOLUTION NO. 21-06-01R LEASING AIRCRAFT STORAGE HANGAR AT AIRPORT FOR PERIOD OF 5 YEARS, WITH AN ADDITIONAL 5-YEAR RENEWAL OPTION, TO DARRELL HILLESTAD (4436-1/2, LLC) FOR AN ANNUAL RENTAL OF $14,100 AND AUTHORIZE CITY MANAGER TO EXECUTE A “MUNICIPAL HANGAR LEASE AGREEMENT” B. HEARING ON SPECIAL ONE-DAY LIQUOR LICENSE ON JUNE 17, 2021 FOR ABERDEEN AREA CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS ON 5TH AVENUE, SW BETWEEN THE ALLEY AND SOUTH MAIN STREET POSSIBLE APPROVAL OF SPECIAL ONE-DAY LIQUOR LICENSE ON JUNE 17, 2021 FOR ABERDEEN AREA CHAMBER OF COMMERCE INCLUDING A COMMUNITY EVENT PERMIT FOR THE SAME C. APPLICATION FOR COMMUNITY EVENT PERMIT FOR THE ABERDEEN DOWNTOWN ASSOCIATION’S SUMMER CONCERT SERIES ON JUNE 17, 2021 AT MALCHOW PLAZA, INTERSECTION OF SOUTH MAIN ST. AND 5TH AVENUE, WITH AN APPLICATION FOR SPECIAL ONE-DAY MALT BEVERAGE LICENSE ON JUNE 17, 2021 FOR THE ABERDEEN STORE, LLC FOR THE SAME EVENT POSSIBLE APPROVAL OF COMMUNITY EVENT PERMIT FOR THE ABERDEEN DOWNTOWN ASSOCIATION’S CONCERT ON JUNE 17, 2021 AND SPECIAL ONE-DAY MALT BEVERAGE LICENSE FOR THE ABERDEEN STORE, LLC FOR THE SAME EVENT D. APPLICATION FOR COMMUNITY EVENT PERMIT FOR YELDUZ SHRINER’S CIRCUS ON JUNE 10 – 12, 2021 AT THE ABERDEEN CIVIC ARENA POSSIBLE APPROVAL OF A COMMUNITY EVENT PERMIT FOR YELDUZ SHRINERS ON JUNE 10 – 12, 2021 E. APPLICATION FOR COMMUNITY EVENT PERMIT FOR FALLOUT CREATIVE COMMUNITY’S RED ROOSTER CONCERTS ON JUNE 11, 12, 16, 18, 24, AND 25, 2021 AT THE 200 BLOCK OF SOUTH MAIN STREET POSSIBLE APPROVAL OF A COMMUNITY EVENT PERMIT FOR FALLOUT CREATIVE COMMUNITY’S RED ROOSTER CONCERTS ON JUNE DATES AS INDICATED 06/03/2021 Page 2 of 203  F. REQUEST TO APPROVE PROPERTY TAX AND SPECIAL ASSESSMENT ABATEMENTS FOR PROPERTY IN CITY LIMITS DUE TO TAX DEED SALES POSSIBLE APPROVAL OF PROPERTY TAX AND SPECIAL ASSESSMENT ABATEMENTS IN THE TOTAL AMOUNT OF $31,320.12 OF WHICH CITY’S SHARE IS $28,565.73 G. RATIFICATION OF MAYOR’S REAPPOINTMENT OF SCOTT KUCK AND CYNTHIA WALSH TO THE BOARD OF ETHICS POSSIBLE APPROVAL TO RATIFY THE MAYOR’S REAPPOINTMENT OF SCOTT KUCK AND CYNTHIA WALSH TO THE BOARD OF ETHICS FOR 4-YEAR TERMS BEGINNING JULY 1, 2021 EXPIRING JULY 1, 2025 H. APPOINTMENT OF DON BRISCOE TO THE K. O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES POSSIBLE APPROVAL TO APPOINT DON BRISCOE TO THE K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES FOR A 3-YEAR TERM EFFECTIVE JULY 1, 2021 I. APPROVAL OF UPDATED COUNCIL GOALS AND PRIORITIES J. JOINT POWERS AGREEMENT BETWEEN ABERDEEN FIRE RESCUE AND SD DEPT. OF PUBLIC SAFETY, OFFICE OF HOMELAND SECURITY POSSIBLE APPROVAL TO AUTHORIZE THE MAYOR, FIRE CHIEF, AND FINANCE OFFICER TO SIGN THE JOINT POWERS AGREEMENT WITH SD DEPT. OF PUBLIC SAFETY, OFFICE OF HOMELAND SECURITY K. REQUEST TO PURCHASE 2021-2022 FUELS OFF STATE CONTRACTS FOR THIS AREA POSSIBLE APPROVAL TO PURCHASE FUELS OFF STATE CONTRACTS FOR THE PUBLIC WORKS DEPARTMENT L. CHANGE ORDER/PAYMENT REQUEST FOR WATER TREATMENT FACILITY SHEET PILE DAM REPAIRS ON THE ELM RIVER POSSIBLE APPROVAL OF CHANGE ORDER/PAYMENT REQUEST IN THE AMOUNT OF $20,000.00 TO B & B CONTRACTING, INC. FOR THE WORK ON THE PROJECT M. PAYMENT REQUESTS FOR AIRPORT PROJECTS 1. PAYMT. #19 – #3-46-0001-43-2021 TAXIWAY GEOMETRY – HELMS & ASSOC. $15,850.90 2. PAYMT. #1 - #3-46-0001-43-2021 TAXIWAY GEOMETRY – SHARPE ENTERPR. $140,761.80 3. PAYMT. #7 - #3-46-0001-43-2021 GA APRON PROJECT - HELMS & ASSOC. $883.01 4. PAYMT. #30 - #3-46-0001-40-2019 TAXIWAY ‘C’ – HELMS & ASSOCIATES $4,195.62 POSSIBLE APPROVAL AND AUTHORIZE THE CITY MANAGER TO SIGN THE PAYMENT REQUESTS FOR WORK ON THE AIRPORT PROJECTS N. AIP #3-46-0001-43-2020 TAXIWAY GEOMETRY IMPROVEMENTS POSSIBLE APPROVAL TO ACCEPT AMERICAN ENGINEERING TESTING TO CONDUCT P401 TEST AND AUTHORIZE THE CITY MANAGER TO SIGN THE PROPOSAL 06/03/2021 Page 3 of 203 8. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL A. BILLS: APPROVAL OF BILL LIST FOR JUNE 7, 2021 B. PAYROLL – APPROVAL FOR PAY PERIOD FROM MAY 23, 2021 THROUGH JUNE 5, 2021 AND CITY’S SHARE OF SOCIAL SECURITY, OLD AGE AND SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE COUNCIL MEMBERS MAY ABSTAIN REGARDING AN IDENTIFIED CLAIM IN THE BILL LIST OR PAYROLL AND VOTE TO APPROVE THE REMAINDER OF THE BILLS OR PAYROLL 9. CITY MANAGER’S REPORT 10. EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL ABOUT PROPOSED OR PENDING LITIGATION. [SDCL §1-25-2(3)] NO COUNCIL ACTION CAN OCCUR DURING EXECUTIVE SESSION BUT COUNCIL ACTION MAY FOLLOW EXECUTIVE SESSION 11. 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 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. 06/03/2021 Page 4 of 203  17918 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, May 24, 2021 at 5:30 p.m., regular meeting of the City Council. CALL TO ORDER MEETING ROLL CALL Present at roll call were City Council Members Rob Ronayne, Dave Lunzman, Josh Rife, Alan Johnson, Justin Reinbold, Tiffany Langer, Clint Rux, and Mayor Travis Schaunaman. City Council Member Mark Remily was absent. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, and Joel Weig by teleconference. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA City Manager Joe Gaa requested amending the agenda to add a Safe Harbor Lottery/Raffle Notice under the consent calendar and to change Item #6E1 to appoint a Park and Recreation Board member for an unexpired term ending June 30, 2022 rather than a five- year term ending June 30, 2026. Motion by Ronayne, second by Rux to amend the agenda as requested. All present voting aye, motion carried. MINUTES Motion by Reinbold, second by Lunzman to approve the minutes of the May 17, 2021 City Council Meeting, as circulated. All present voting aye, motion carried. OPEN FORUM No one appeared in open forum to address the Council. CONSENT CALENDAR Motion by Ronayne, second by Rife to approve the following items on the consent calendar: SET HEARING DATE – of June 7, 2021 at 5:30 p.m. for a Special One-Day Retail Liquor License on June 17, 2021 for Aberdeen Area Chamber of Commerce dba Business After Hours, 5th Avenue, SW between Alley and South Main Street. LICENSE – Water and Sewer Contractor – DeBoer Construction Inc. PLATS – 1) Sovereign Grace Church Subdivision to Aberdeen in the SW ¼ of Section 6, T123N, R63W of the 5th P.M., Brown County, South Dakota (901 – 24th Avenue, SE); 2) Stacy Harty First Addition to the City of Aberdeen in the NE ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, South Dakota (424 North Jay Street); 3) Holtey First Addition to the City of Aberdeen in the SE ¼ of Section 6, T123N, R63W of the 5th P.M., Brown County, South Dakota (2405 North Roosevelt Street); 4) HAPI 2021-2 Subdivision to the City of Aberdeen in the NE ¼ of Section 13, T123N, R64W of the 5th P.M., Brown 06/03/2021 Page 5 of 203  17919 County, South Dakota (407 North Penn Street); 5) American News First Subdivision to the City of Aberdeen in the SW ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, South Dakota (124 South 2nd Street). REPORTS AND MINUTES FROM CITY BOARDS – Aberdeen Airport Board Meeting Minutes; Aberdeen City Planning Commission Meeting Minutes; Board of Zoning Adjustment Meeting Minutes; K. O. Lee Aberdeen Public Library Board of Trustees Meeting Minutes – receive and place on file LOTTERY NOTICE – Safe Harbor Foundation – receive and place on file All present voting aye, motion carried. NEW BUSINESS HEARING ON PETITION TO REZONE PROPERTY Mayor Schaunaman opened a hearing on a petition from Ronald and Karen Erdmann to rezone property described as Erdmann 1st Subdivision to the City of Aberdeen in the SW ¼ of Section 13, T123N, R64W of the 5th P.M., Brown County, South Dakota (302 South Fourth Street) from (I-2) Unrestricted Industrial District and (C-3) Central Business District/(R-4) Special Density Residential District to (I-2) Unrestricted Industrial District. City Planning/Zoning Director Brett Bill explained that the reason for the rezoning request is to eliminate the split zoning that was created as a result of replatting the parcel. No one was present to testify in opposition to the rezoning request so Mayor Schaunaman closed the hearing. Motion by Rux, second by Reinbold to approve first reading of Ordinance No. 21- 04-01 to rezone the property. Upon roll call vote, all present voting aye, motion carried. ORDINANCE NO. 21-05-02 City Planning/Zoning Director Brett Bill explained Ordinance No. 21-05-02 regarding the issuance of local medical cannabis establishment permits and or license. Brett Bill stated that the ordinance amendment is recommended to provide a short term stopgap ordinance that will provide time for the City to analyze and evaluate the impacts of medical cannabis establishments and propose regulations accordingly. Motion by Rux, second by Johnson to approve first reading of Ordinance No. 21-05-02. Discussion followed. City Attorney Ron Wager addressed a question by Ronayne regarding the sunset provision allowing the ordinance to be automatically repealed two years from the date it becomes effective. Wager stated that the ordinance was proposed by the SD Municipal League and the SD Public Assurance Alliance and the state statute allows up to two years for this emergency or temporary ordinance. Motion by Ronayne, second by Johnson to amend the sunset provision to read as follows: “Unless sooner amended or repealed, this ordinance shall be automatically repealed on January 1, 2022.” Upon roll call vote, all present voting aye, motion carried. On the main motion to approve first reading of Ordinance No. 21-05-02 as amended, upon roll call vote, all present voting aye, motion carried. COMMUNITY EVENT PERMIT FOR FALLOUT CREATIVE COMMUNITY 06/03/2021 Page 6 of 203  17920 Motion by Reinbold, second by Ronayne to approve a Community Event Permit for the Fallout Creative Community’s Art & Music Festival on June 6, 2021 at the 200 Block of South Main Street. All present voting aye, motion carried. BIDS FOR REFUSE COLLECTION UNIT FOR PUBLIC WORKS DEPARTMENT City Engineer Robin Bobzien explained the bids received for the Refuse Collection Unit for the Public Works Department and recommended to award the bid to Sanitation Products for the Refuse Packer Body in the amount of $62,228.00, award the bid to Truck Center Company for a Cab and Chassis Unit in the amount of $81,634.00 less trade allowance on a 2014 Freightliner Truck of ($47,000.00) for net bid in the amount of $34,134.00, and declare a 2014 Freightliner Truck surplus property for trade-in to Truck Center Company. Motion by Johnson, second by Rux to award the bids for the Refuse Collection Unit for the Public Works Department as recommended and to authorize the City Manager and Finance Officer to sign all necessary documents after the approval by the City Attorney. Upon roll call vote, all present voting aye, motion carried. PARKS AND RECREATION BOARD APPOINTMENTS AND REAPPOINTMENT Motion by Rife, second by Lunzman to approve the following appointments and reappointment to the Aberdeen Parks and Recreation Board: Appointment of Elizabeth Schwab for an unexpired term ending June 30, 2022; Appointment of Jake Cramond for a five-year term ending June 30, 2026; Reappointment of Dave Sandvig for a second, five-year term ending June 30, 2026. All present voting aye, motion carried. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Lunzman, second by Johnson to approve payment of the bills listed for May 24, 2021 and payroll for the period from May 9, 2021 through May 22, 2021. Bills having been audited by the Finance Officer and fully itemized and authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of the following approved bills: Wellmark Blue Cross/Blue Shield 146,000.00; US Bank Corp. Trust 246,858.61; DTC 7,395.00; Stripe Inc. 100.00; Mainstream Realty 31.35; Monica Mandernach 26.81; Caroline Thorsen 20.85; Greg Wolf 42.40; Chris Lamont 18.93; Gary McNeil 42.74; Seth Holmstrom 30.07; Nicole Detches 29.40; Wilbert Schultz Legacy Trust 27.16; Gary Meyers 25.65; James Sandvig Living Trust 52.56; Fifth Ave. Holdings, LLP 90.02; Herbert Dabbert 51.27; Curt Gelling 61.93; Nancy Redwing 20.00; Northwestern Energy 125,000.00; Northern Electric 10,000.00; MARCO Technologies 37.67; Bonnie Bitz 3,980.00; RBL Designs 4,500.00; Br. Co. Landfill 34.96; Aberdeen News 8,832.74; Hawkins Inc. 2,832.50; Quality Welding Inc. 82.64; SD Gov. Human Resource Assn. 50.00; Jensen Rock & Sand Inc. 31,747.42; Direct Automation LLC 196.17; Auto Value Part Stores/Hedahls 417.20; Nelson Sales & Service, LLC 61.00; Ken’s Alignment Auto Service 90.05; Kesslers Inc. 5.17; MAC’s Inc. 1.49; Farnams Genuine Parts 124.66; Dakota Supply Group 1,040.22; Midstates Group 91.00; Safety Service Inc. 19.50; SHARE Corp. 4,138.40; 06/03/2021 Page 7 of 203  17921 Crawford Trucks & Equipment 361.33; SD Dept. of Labor 970.22; SD Government Finance Officer Assn. 75.00; Paula Nelson 28.00; Fastenal Company 262.40; Cortrust TIF #19 23,977.88; Olson’s Pest Technicians 400.00; Tim Reed 3,200.00; Dependable Sanitation Inc. 54.00; Bantz, Gosch & Cremer, LLC 30,512.65; PEPSI-COLA 1,167.74; Justine Charles 115.98; Relentless LLC 1,198.00; UNIVAR Solutions USA Inc. 21,155.15; Dakotaland Autoglass Inc. 233.30; NVC 29.98; MTI Distributing 705.19; SD One Call 511.84; Sanford Health 304.00; Menards 64.54; Neil & Joan Bellikka 31,551.95; Dakota Fluid Power Inc. 1,467.50; Borns Group 4,803.92; Impact Janitorial 500.00; Kevin Bourdon 14,735.99; POMP’s Tire Service, Inc. 59.86; GALLS Inc. 762.35; Central Divers 7,970.00; Business Improvement Dist. 13,880.32; Prairie’s Edge Development, LLC 91,528.90; Brett Bill 28.00; DURR Universal, Inc. 1,026.35; Olympic Sales Inc. 79.41; TAPCO 567.80; Aramark 120.05; Butler Machinery Co. 5,403.69; JGE Rental Equipment 375.00; Sanitation Products Inc. 544.95; Geffdog Designs 7,772.96; David Dosch 28.00; Klas Group (TIF 18) 38,882.51; LexisNexis Risk Solutions 150.00; Knight Towing 125.00; Guardian Life Ins. Co. 1,071.35; United Parcel Service 90.80; Frost Development, Inc. 52,801.93; Great Plains Bank 34,370.14; CWF Masonry & Construction Inc. 7,581.80; Depot Revival LLC 30,243.74; MAC Tools/D & D Distributing LLC 360.00; Office Depot 159.07; Dacotah Bank TIF #26 170,959.05; Plains Commerce Bank 72,250.08; Runnings Supply Inc. 185.51; Nancy Kelsey 63.57. Payroll for the period from May 9, 2021 through May 22, 2021 and City share of Social Security, Old Age & Survivor’s Insurance, Retirement, Health and Life Insurance: EFTPS 145,180.81; SD Retirement 81,155.70; Governing Body 3,192.28; City Manager 7,832.80; City Attorney 6,991.01; Finance 15,217.88; HR 8,145.60, Building 1,797.77; Computer 4,949.41; Planning/Zoning 15,752.95; Engineering 15,626.92, Austin Stahlke 15.00 hr; Police 139,483.92, Braxton Farmen 25.82 hr, Jakob Heyd 25.82 hr, Eric Paul 29.21, Kory Pickrel 33.05 hr; Fire 117,330.48, Chad Nilson 36.48, Blair Smith 23.61 hr; Housing/Building 6,886.55; Street 32,466.17; Traffic 6,606.46; Solid Waste 26,665.35; Transportation/Ride Line 18,650.35, Library 28,815.51; Parks, Rec. & Forestry 139,192.38, Kamryn Anderson 10.25 hr, Kendyl Anderson 10.25 hr, Jack Artz 10.25 hr, Jade Auske 10.50 hr, Jacob Bakken 10.25 hr, Tavia Beck 10.25 hr, Imogen Bengs 10.00 hr, Mercedes Bengs 10.00 hr, Margo Bertsch 11.00 hr, MacKinley Bruemmer 11.00 hr, Cole Bukaske 10.25 hr, Dylan Bukaske 11.25 hr, Carly Comstock 10.00 hr, Ashley Crouch 10.00 hr, Emily Davis 11.25 hr, Adam DeBoer 10.75 hr, Carter Dingman 10.00 hr, Kayla Duncan 13.25 hr, Abigail Dunlavy 10.25 hr, Reece Ermer 10.25 hr, Erik Fastenau 11.75 hr, Taryn Fergel 10.00 hr, Kinzie Fischer 10.00 hr, Aislinn Flaherty 10.25 hr, Sage Forsting 10.25 hr, Laney Gonsor 10.00 hr, Parker Grieben 10.25 hr, James Griffin 10.50 hr, Jenny Gross 10.75 hr, Zachary Hanson 10.75 hr, Zachary Haugen 11.00 hr, Gavin Heier 10.75 hr, Bailey Heim 12.00 hr, Cason Hellwig 10.00 hr, Carter Hogg 10.75 hr, Brian Holmstrom 10.00 hr, Jolene Hoverstadt 06/03/2021 Page 8 of 203  17922 11.75 hr, Jayda Hunstad 11.75 hr, Jenna Joachim 10.00 hr, Ethan Kjenstad 10.00 hr, Alexis LaFave 11.25 hr, Maren Hansen 10.00 hr, Aidan Hoffman 10.00 hr, Abram Imrie 10.75 hr, Brett Jacobs 10.00 hr, Andrew Jorgenson 10.25 hr, Abbilyn Kaan 10.00 hr, Megan Kingsriter 10.25 hr, Rachel Knapp 10.25 hr, Trent Kurtz 76.00 day, Morgan Leidholt 10.50 hr, Parker Lemer 10.00 hr, Jared Loecker 11.25 hr, Brianna Luce 10.25 hr, Miranda Maas 10.25 hr, Lauren Marcuson 10.00 hr, Steve Markley 132.50 day, Alexis Martin 10.75 hr, Isabella Martinez 10.25 hr, Aiden McCafferty 10.00 hr, Kristin McCafferty 132.50 day, Alyssa Mielke 12.25 hr, Makylie Miller 10.00 hr, Jonathan Mitzel 13.00 hr, Kaylee Mohn 10.25 hr, Cassandra Mraz 11.75 hr, Grace Nelson 10.75 hr, Reese Noeldner 10.25 hr, Joshua Opp 12.00 hr, Julia Orr 10.00 hr, Lisa Osman 105.00 day, Zachary Palmer 10.25 hr, Abigail Pietz 11.00 hr, Chase Petersen 10.00 hr, Maxwell Prehn 10.00 hr, Kayley Quinton 11.00 hr, Sadie Raap 11.25 hr, Janice Reich 16.50 hr, Ashton Remily 10.00 hr, Roberta Rernleitner 11.25 hr, Emily Ringgenberg 10.00 hr, Dagny Ritter 10.25 hr, Ava Rott 11.00 hr, Jackson Rott 11.00 hr, Ethan Russell 10.00 hr, Daniel Rux 11.75 hr, Mitchell Rux 10.25 hr, Thomas Sahli 11.75 hr, Daniel Severson 12.00 hr, Rebecca Severson 14.25 hr, Lance Siefken 10.00 hr, Kara Sinar 11.50 hr, Joshua Steinwandt 10.00 hr, Sawyer Stroschein 11.75 hr, Hannah Struble 10.25 hr, Alexander Tennant 11.75 hr, Brooke Thielbar 11.00 hr or 12.00 hr, Elizabeth Tobin 11.00 hr, Tyler Traphagen 10.00 hr, Claire Vetter 12.25 hr, David Vilhauer 350.00 session, Cody Voegeli 10.00 hr, Ashley Vogel 10.00 hr, Christopher Weber 11.00 hr, Tya Weideman 11.75 hr, Donald Weigel Jr 12.00 hr, Jasmine Whitecrane 10.25 hr, Kim Zimmerman 106.00 day, Airport 18,498.69; Pipe 32,140.52; Water Treatment 19,720.16; Meter 1,798.50; Water Reclamation 21,764.02; Pump 10,142.00. Upon roll call vote, all present voting aye, with abstentions as follows: Ronayne abstaining on a payment to Plains Commerce Bank of $72,250.08 and Rux abstaining on a possible payroll payment to Mitchell Rux, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa gave his report including a reminder to the public that neighborhood safety is important due to children being out for school summer vacation and crews working on Public Works projects. ADJOURNMENT There being no further business, motion by Ronayne, second by Rux to adjourn the meeting. All present voting aye, motion carried. The meeting adjourned at 5:51 p.m. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. 06/03/2021 Page 9 of 203  5 06/03/2021 Page 10 of 203 06/03/2021 Page 11 of 203 06/03/2021 Page 12 of 203 06/03/2021 Page 13 of 203 06/03/2021 Page 14 of 203 06/03/2021 Page 15 of 203 06/03/2021 Page 16 of 203 06/03/2021 Page 17 of 203 06/03/2021 Page 18 of 203 06/03/2021 Page 19 of 203 06/03/2021 Page 20 of 203 06/03/2021 Page 21 of 203 06/03/2021 Page 22 of 203 06/03/2021 Page 23 of 203 06/03/2021 Page 24 of 203 06/03/2021 Page 25 of 203 06/03/2021 Page 26 of 203 06/03/2021 Page 27 of 203 06/03/2021 Page 28 of 203 06/03/2021 Page 29 of 203 06/03/2021 Page 30 of 203 06/03/2021 Page 31 of 203 06/03/2021 Page 32 of 203 06/03/2021 Page 33 of 203 06/03/2021 Page 34 of 203 06/03/2021 Page 35 of 203 06/03/2021 Page 36 of 203 06/03/2021 Page 37 of 203 06/03/2021 Page 38 of 203 06/03/2021 Page 39 of 203 06/03/2021 Page 40 of 203 06/03/2021 Page 41 of 203 06/03/2021 Page 42 of 203 06/03/2021 Page 43 of 203 06/03/2021 Page 44 of 203 06/03/2021 Page 45 of 203  6A 06/03/2021 Page 46 of 203 06/03/2021 Page 47 of 203 06/03/2021 Page 48 of 203 06/03/2021 Page 49 of 203 06/03/2021 Page 50 of 203  6B 06/03/2021 Page 51 of 203 06/03/2021 Page 52 of 203 06/03/2021 Page 53 of 203 06/03/2021 Page 54 of 203  City of Aberdeen Request for Council Action 7A Agenda Item No. Meeting Date: June 7, 2021 Agenda Section New Business Originating Dept: City Attorney Ord. / Res. Resolution No. 21-06-01R Prepared by: City Attorney No. of Attachments 2 Presented by: Airport Manager/ City Attorney Item: Public hearing followed by possible first reading and passage of resolution approving lease of the municipal aircraft hangar to a private person for 5 years beginning in 2021. City Manager’s Proposed Action: After notice as required by law and a public hearing upon the proposed lease, motion by _______________, second by ______________ to approve first reading and passage of Resolution No. 21-06-01R leasing a 60' x 90' steel, aircraft storage hangar at the Aberdeen Regional Airport for a period of five (5) years, with an additional five-year renewal option, to Darrell Hillestad (to be organized as 4436½, LLC), a private person, for an annual rental of $14,100, upon terms and conditions to be set forth in a “Municipal Hangar Lease Agreement” and authorizing the City Manager to execute the same. Overview: The Council on May 17, 2021, adopted Resolution 21-05-02R evincing its intent to lease the municipal hangar to Darrell Hillestad, a private person, for terms exceeding 120 days and for amounts exceeding $500 annually and fixing June 7, 2021, at 5:30 p.m., in Council Chambers, for public hearing on the adoption of a resolution approving such lease. Notice of the hearing was published in the official newspaper on May 20 and 27, 2021. Following the hearing, the Council may proceed to authorize a lease upon the terms and conditions it determines. Attached is a “Municipal Hangar Lease Agreement” setting forth material lease terms and conditions. Except for the starting and ending dates of the lease term, only non-material modifications as determined by the City Attorney may be made before its final execution. Primary Issues/Alternatives to Consider: N/A Budgetary/Fiscal Issues: N/A Attachments: 1. Resolution No. 21-06-01R 2. Proposed “Municipal Hangar Lease Agreement” {00073519.DOC / 1} Rev 7/09 06/03/2021 Page 55 of 203  RESOLUTION NO. 21-06-01R RESOLUTION APPROVING LEASE OF MUNICIPAL HANGAR TO DARRELL HILLESTAD WHEREAS, the City Council adopted Resolution No. 21-05-02R stating its intent to lease municipally-owned property to a private person for a term exceeding 120 days and for a rental amount exceeding $500.00 annual value; to wit, an aircraft storage hangar to Darrell Hillestad (to be organized as 4436½, LLC), a private person, for an annual rental of $14,100, upon terms and conditions set forth in a lease agreement which permits use of the hangar for non-commercial aviation activities, such term and rental amount invoking the requirements of SDCL § 9-12-5.2; and WHEREAS, the notice of hearing was published as required by law and the public hearing on the proposed lease was held by the City Council in City Council Chambers, 123 South Lincoln Street, Municipal Building, in the City of Aberdeen, South Dakota, on the 7th day of June, 2021, at 5:30 p.m., when and where any persons interested in the lease had an opportunity to appear and be heard prior to any action on such lease. NOW, THEREFORE, BE IT RESOLVED that, after public hearing and due consideration of any comments of persons interested in such lease, the Council hereby approves the lease of the property owned by the City of Aberdeen described as a 60' x 90' steel, aircraft storage hangar at the Aberdeen Regional Airport, at 4740 6th Ave SE, Aberdeen, South Dakota, for a period of five (5) years, with an additional five-year renewal option, to Darrell Hillestad (to be organized as 4436½, LLC), a private person, for an annual rental of $14,100, upon terms and conditions to be set forth in a “Municipal Hangar Lease Agreement” which permits use of the hangar for non-commercial aviation activities. BE IT FURTHER RESOLVED that the City Manager is authorized to execute all documents necessary to finalize such lease, as approved by the City Attorney. The foregoing Resolution was approved after first reading and passed at a regular meeting of the Aberdeen City Council on the 7th day of June, 2021. Number of AYES: Number of NAYS: Members abstaining: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 06/03/2021 Page 56 of 203  MUNICIPAL HANGAR LEASE AGREEMENT The parties to this MUNICIPAL HANGAR LEASE AGREEMENT (the “Lease”) are as follows: A. The CITY OF ABERDEEN, a South Dakota municipal corporation, acting by and through the Aberdeen City Council and the Aberdeen Airport Board, hereinafter referred to as “City”, whose present address is: Transportation Director, Aberdeen Regional Airport, 4740 6 th Ave SE, Aberdeen, SD 57401. B. DARRELL HILLESTAD [4436½, LLC], hereinafter referred to as “Tenant”, whose present address is: PO Box 1703, Aberdeen, SD 57402- 1703. RECITALS WHEREAS, City owns and operates the Aberdeen Regional Airport (“Airport”) situated at 4740 6th Ave SE, Aberdeen, Brown County, South Dakota; and WHEREAS, City owns one (1) all steel, aircraft storage hangar at the Airport, said hangar building being approximately 60 ft. x 90 ft. in size (“Hangar”); and WHEREAS, Tenant desires to store, maintain, access, and utilize Tenant’s aircraft at the Airport and for that purpose desires to lease the Hangar and utilize such Hangar primarily for non-commercial purposes. NOW THEREFORE, for and in consideration of the covenants and agreements herein contained, the City does lease to Tenant and Tenant hereby hires and takes the above mentioned Hangar in its present condition, as is, on the following terms and conditions: 1. TERM. The term of this Lease shall be effective July 1, 2021, and continue for a period of five (5) years from the effective date. Tenant shall have the option to extend the Lease under the same terms and conditions for one additional five (5) year term, except that the rental amount in Paragraph 2 shall be renegotiated to fair market value. To exercise its option to renew, Tenant shall notify City, in writing, of its intent to renew this Lease no later than January 1, 2026. 2. RENTAL. It is agreed that Tenant shall pay City a rental amount of Fourteen Thousand One Hundred Dollars ($14,100.00) per year, payable in monthly installments in advance, due date to be within 15 days after billing by City. 3. UTILITIES. Tenant shall furnish all necessary utilities, at no expense to City. Page 1 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 57 of 203  4. HANGAR MAINTENANCE. It is agreed that the general upkeep, maintenance, and repair of the Hangar shall be the sole responsibility of Tenant at no expense to City. City will carry casualty (storm and fire) insurance on the structure only, not to include contents. 5. ALTERATION OF CONTRACT OR PREMISES: (a) Tenant may not alter or modify the terms and specifications of this agreement without the written permission of City. (b) Tenant may not alter the Hangar without the Airport Board’s review and consideration or without a building and any other applicable permits, codes, and regulations. Should the Hangar be altered in any fashion by Tenant without the City’s approval, Tenant shall restore the Hangar to its original condition. 6. HANGAR DESTROYED OR DAMAGED. Should the Hangar be destroyed or so damaged as to become untenantable by fire or other unavoidable casualties, either party may terminate this Lease by giving written notice of the intention to do so within ten (10) days after such casualty. In the event of such destruction or damage and neither party elects to terminate this Lease, rent shall abate during the period the Hangar is untenantable. 7. GROUNDS FOR CANCELLATION BY CITY. City shall have the option of canceling this Lease should Tenant breach any of the aforesaid covenants or if City receives, in writing, what is considered by City sufficient complaints against the use of the Hangar by Tenant. Written notice shall be issued to Tenant, and thirty (30) days from issuance of such written notice, this Lease shall be considered canceled and terminated. 8. NON-DISCRIMINATION. Tenant, in the use of the Aberdeen Regional Airport, as herein authorized, shall not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons or in any manner prohibited by Part 15 of the Federal Aviation Regulations, and Tenant further agrees to comply with any requirements made to enforce the foregoing which may be deemed of the City by the United States Government under the authority of said Part 15. 9. PERMITTED USE OF HANGAR: (a) The Hangar shall be used only for non-commercial aviation purposes. (1) Tenant may store and maintain in the Hangar only airworthy aircraft owned or leased by Tenant, or if a limited liability company, any member of Tenant who owns a minimum of 50% of its membership units or other form of ownership interest, and which aircraft is registered with the Federal Aviation Administration or South Dakota Page 2 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 58 of 203  DOT Aeronautics Office. “Airworthy” means aircraft capable of flight or in which Tenant is undertaking regular and active efforts to make an aircraft capable of flight. (2) Non-commercial aviation uses for the Hangar include the following: (a) Storage of active aircraft; (b) Final assembly of aircraft under construction; (c) Non-commercial construction of amateur-built or kit-built aircraft; (d) Maintenance, repair, or refurbishment of Tenant’s aircraft, including any work by an FBO in good standing with City, State and Federal compliance requirements but not the indefinite storage of nonoperational aircraft unless being used for parts in the active repair of another; and (e) Storage of aircraft handling equipment, e.g., tow bars, glider tow equipment, workbenches, and tools and materials used in the servicing, maintenance, repair, or outfitting of aircraft. (3) Non-aviation items may be stored in the Hangar provided the items do not interfere with the aviation use of the Hangar and general aviation ramp. An item interferes with the aviation use if the item: (a) Impedes the movement of the aircraft in and out of the Hangar, general aviation ramp, and taxi lanes; (b) Displaces the aeronautical contents of the Hangar. A vehicle parked at the Hangar in such a manner that it does not impede other users of the general aviation ramp or taxi lane while the vehicle owner is using the aircraft will not be considered to displace the aircraft; (c) Impedes access to aircraft or other aeronautical contents of the Hangar; or (d) Is used for the conduct of a non-aviation business function (including storage of inventory). (b) Tenant shall not conduct any business or advertise any services from the Hangar without the written authorization of City. (c) Tenant may not park or store vehicles, trailers, tractors, or any other item, equipment, or apparatus outside the Hangar. Any of Tenant’s property located outside the Hangar will be removed by City at Tenant’s expense. (d) City may terminate this Lease for any non-permitted use of the Hangar. Tenant agrees that this Lease is subject to all applicable Aberdeen Regional Airport regulations and procedures, and federal, state, or local laws or ordinances and the rules and regulations thereunder. Page 3 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 59 of 203  10. STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS: Tenant shall at all times comply with the applicable Fire Code for storage of flammable and combustible liquids usual to aircraft hangars, including, but not limited to, aviation oil, aviation smoke oil, and aviation gasoline. Quantities in excess of ten (10) gallons of flammable and combustible liquids shall be stored in liquid storage cabinets in accordance with the applicable Fire Code. 11. FEDERAL HAZARDOUS STORAGE COMPLIANCE: Tenant shall not use, generate, store, treat, dispose of or otherwise introduce into, or on or about the Hangar any Hazardous Substances, as hereinafter defined, nor shall Tenant cause or permit any other person or entity to do so without written authorization of City. “Hazardous Substances” shall include any waste, substance, pollutant, contaminant or solid waste as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U. S. C. Section 9601 et seq., and any other applicable federal, state, or local laws or ordinances, and in the rules and regulations thereunder, as may be amended, supplemented or superseded from time to time, or any other substance which may at any time be a violation or support a claim or cause of action under common law or any federal, state or local environmental statute, regulation, ordinance or other environmental regulatory requirement, whether currently or as a result of future removal. However, the foregoing restrictions shall not apply to the storage and use of common hangar and reasonable quantities. Tenant shall handle all Hazardous Substances in accordance with all rules and regulations of the South Dakota Department of Natural Resources (SDDNR) and Environmental Protection Agency (EPA), and shall maintain proper labeling of all said Hazardous Substances in accordance therewith. Tenant agrees to clean up all Hazardous Substances, if caused or permitted by Tenant, or if Tenant shall otherwise be responsible therefore, in a manner which shall comply with all applicable environmental laws and requirements. The provisions of this paragraph regarding environmental matters shall survive the expiration or sooner termination of this Agreement. 12. ASSIGNMENT AND SUBLEASING: (a) This Lease, or any part thereof, may not be assigned by Tenant to another party without the written consent of City. (b) Subject to (a) above, Tenant may sublease one hundred percent (100%) of the Hangar to a fixed-base operator at the Airport (hereinafter “FBO”). (c) Subject to (a) above, if Tenant desires to sublease but retain a portion of the Hangar for Tenant’s own permitted uses, Tenant may sublease not more than fifty percent (50%) of the gross square footage of the Hangar for the uses permitted in Section 9, provided: (1) That the FBOs shall have first right of refusal to such Hangar space at a rental amount set by Tenant. Tenant shall not sublease such Hangar space to a party other than an FBO until every FBO has Page 4 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 60 of 203  refused to sublease the space from Tenant at the same rental amount set by Tenant. Thereafter, Tenant may sublease such Hangar space at the same rental amount refused by the FBOs to a sublessee who is not an FBO; and (2) That any sublessee of Tenant abide by the terms and conditions of this Lease. Tenant shall be responsible for all acts or omissions of a sublessee in violation of this Lease. 13. INSURANCE: (a) At all times during this Lease, Tenant shall be obligated to maintain general liability insurance or its equivalent with a limit of not less than $1,000,000.00 for each occurrence for any personal injury or property damage for which Tenant might become liable due to the possession, building, operation, and maintenance of the Hangar. If such insurance contains a general aggregate limit, it shall apply separately to this lease or be no less than two times the occurrence limit. (b) The City of Aberdeen shall be listed as an additional insured on the liability policy. Proof of compliance with this provision shall be filed at all times during the term of this lease or any extension thereof with Tenant filing a certificate of insurance certifying that said insurance is in full force and effect. 14. INDEMNITY: Tenant agrees to indemnify and hold City harmless from any claims of third persons for personal injuries or property damage caused by negligence or want of ordinary care on the part of Tenant in the use and occupancy of the Hangar. Tenant shall indemnify and hold City harmless from all actions, suits, damages, liability, fines, penalties, sanctions, or other proceedings that may arise from the occupancy or use of said Hangar by Tenant under this Lease. 15. INSPECTIONS: City shall have the right to inspect the Hangar to ensure compliance with this Lease, the Airport Policies and Procedures and Airport Minimum Standards on file in the office of the Transportation Director, the Fire Code, and any other applicable federal, state, or local laws or ordinances and the rules and regulations thereunder. City recognizes that airworthy aircraft are sensitive devices and any damage to which, no matter how minor, could cause a crash and loss of life. Therefore, for a non-emergency inspection when an aircraft is located within the Hangar, Tenant shall be notified at least five (5) business days prior to such inspection and may be present during such inspection. An emergency is defined as any situation, currently occurring or likely to occur, which may cause injury or loss to the Hangar or to Tenant’s or another’s life or property. 16. TERMINATION: (a) This Lease shall terminate upon expiration of the lease term, by surrender of the Hangar by Tenant, by mutual agreement of the parties, or automatically when a Page 5 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 61 of 203 breach of this Lease has not been cured in a timely manner. (b) If Tenant breaches this Lease, City may terminate this Lease if Tenant has not cured the breach within thirty (30) days of receiving written notice from the City informing Tenant of the breach. This notice will be given by City by mailing the notice to Tenant at the post office address in this Lease or any new address subsequently provided by Tenant to the Transportation Director. If additional time is necessary to remedy the breach and Tenant has been diligently pursuing a cure of the breach, Tenant may apply to the Aberdeen Airport Board for an extension of time in which to comply. The failure of Tenant to remedy the breach of the Lease within the time allowed or permitted may result in the City terminating this Lease and upon such termination, all rights, title, and interest of Tenant herein shall cease. (c) Tenant shall remove Tenant’s property from the Hangar by the date of the termination of this Lease. Thereafter, Tenant agrees that all rights, title, and interest of Tenant in any property not removed shall cease and be of no effect and any property situated within the Hangar shall become the sole and separate property of City to own, use, lease, sell, destroy, or remove as it deems fit and Tenant shall have no further right, title, or interest in said property. 17. RULES, LAWS AND REGULATIONS: City must provide Tenant with a copy of all rules and regulations adopted by the Aberdeen Airport Board and/or the Aberdeen City Council affecting Tenant’s occupancy and Tenant must abide by them. After initial receipt, it shall be Tenant’s duty to stay current with all rules and regulations which will be available at the Airport Administration Office. Tenant shall abide by all Local, State and Federal Regulations and Laws at all times. Any fine administered to City by State or Federal Agencies due to Tenant’s failure to comply with any Local, State, or Federal Law or Regulation shall be charged to Tenant. 18. AMENDMENTS: This Lease may be amended from time to time by written addendum signed by both parties. 19. ENTIRE AGREEMENT: It is mutually agreed between the parties that this Lease shall contain the entire agreement between the parties and shall be binding, according to its terms, upon the parties, their heirs, successors and assigns. [Signature page to follow.] Page 6 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 62 of 203  IN WITNESS WHEREOF, the parties hereto have caused this Municipal Hangar Lease Agreement to be approved and executed by persons properly authorized so to do on or as of the dates appended hereto. DARRELL HILLESTAD [4436½, LLC] Date: By: Its: CITY OF ABERDEEN Date: Transportation Director The foregoing Municipal Hangar Lease Agreement is hereby approved and ratified by the Aberdeen City Council of Aberdeen, South Dakota, this day of June, 2021. Joe Gaa, City Manager ATTEST: Karl Alberts, Finance Officer Page 7 of 7 06/03/2021 - Municipal Hangar Lease Agreement - Hillestad - Page 63 of 203  7B 06/03/2021 Page 64 of 203 06/03/2021 Page 65 of 203 06/03/2021 Page 66 of 203 06/03/2021 Page 67 of 203 06/03/2021 Page 68 of 203 06/03/2021 Page 69 of 203 06/03/2021 Page 70 of 203 06/03/2021 Page 71 of 203 06/03/2021 Page 72 of 203 06/03/2021 Page 73 of 203 06/03/2021 Page 74 of 203  7C 06/03/2021 Page 75 of 203 06/03/2021 Page 76 of 203 06/03/2021 Page 77 of 203 06/03/2021 Page 78 of 203 06/03/2021 Page 79 of 203 06/03/2021 Page 80 of 203 06/03/2021 Page 81 of 203 06/03/2021 Page 82 of 203 06/03/2021 Page 83 of 203 06/03/2021 Page 84 of 203 06/03/2021 Page 85 of 203 06/03/2021 Page 86 of 203 06/03/2021 Page 87 of 203 06/03/2021 Page 88 of 203 06/03/2021 Page 89 of 203  7D 06/03/2021 Page 90 of 203 06/03/2021 Page 91 of 203 06/03/2021 Page 92 of 203 06/03/2021 Page 93 of 203 06/03/2021 Page 94 of 203 06/03/2021 Page 95 of 203 06/03/2021 Page 96 of 203 06/03/2021 Page 97 of 203 06/03/2021 Page 98 of 203 06/03/2021 Page 99 of 203 06/03/2021 Page 100 of 203 06/03/2021 Page 101 of 203 06/03/2021 Page 102 of 203 06/03/2021 Page 103 of 203 06/03/2021 Page 104 of 203 06/03/2021 Page 105 of 203  7E 06/03/2021 Page 106 of 203 06/03/2021 Page 107 of 203 06/03/2021 Page 108 of 203 06/03/2021 Page 109 of 203 06/03/2021 Page 110 of 203 06/03/2021 Page 111 of 203 06/03/2021 Page 112 of 203 06/03/2021 Page 113 of 203 06/03/2021 Page 114 of 203 06/03/2021 Page 115 of 203 06/03/2021 Page 116 of 203  7F 06/03/2021 Page 117 of 203 06/03/2021 Page 118 of 203 06/03/2021 Page 119 of 203  City of Aberdeen Request for Council Action 7G Agenda Item Meeting Date: June 7, 2021 No. Agenda Section New Business Originating Dept: City Attorney Ord./Res. Prepared by: City Attorney No. of Presented by: City Attorney Attachments Item: Ratification of Mayor’s reappointment of Scott Kuck and Cynthia Walsh to the Board of Ethics. City Manager’s Proposed Action: 1. Motion by ___________ second by _________ to ratify the Mayor’s reappointments of Scott Kuck and Cynthia Walsh to the Board of Ethics for 4-year terms beginning July 1, 2021, and expiring July 1, 2025, as provided by Aberdeen City Code, Sec. 2-383. Overview: The initial 4-year terms of Scott Kuck and Cynthia Walsh will expire on July 1, 2021. Both individuals have expressed their willingness to serve on the Ethics Board for an additional term of 4 years. Mr. Kuck has acted as Chairperson of the Board since its first meeting in September of 2017. Mr. Kuck and Ms. Walsh have provided an invaluable service to the community and to the Council with their dedication to fairness and impartiality while on the Ethics Board. Their reappointments will provide necessary continuity for the Board. Sec. 2-383. Composition; appointment; term; compensation of members. The board of ethics shall consist of five members to be appointed by the mayor and ratified by the city council. Initially, one member shall be appointed to hold office for two years, two for three years, and two for four years. Thereafter, at the first regular meeting of the city council in July of each year, one member or two members, as the case may be, shall be appointed for a term of four years to succeed the retiring member. No member is eligible for reappointment after having served two four-year terms. No member of the board of ethics shall receive a salary. Members may be reimbursed for expenses in accordance with city policy or as approved by the city council. Primary Issues/Alternatives to Consider: None. Budgetary/Fiscal Issues: None. {00051651.DOCX / 1} 06/03/2021 Page 120 of 203  7H 06/03/2021 Page 121 of 203 06/03/2021 Page 122 of 203 06/03/2021 Page 123 of 203 06/03/2021 Page 124 of 203  7I 06/03/2021 Page 125 of 203 06/03/2021 Page 126 of 203 06/03/2021 Page 127 of 203  7J 06/03/2021 Page 128 of 203 06/03/2021 Page 129 of 203 06/03/2021 Page 130 of 203 06/03/2021 Page 131 of 203 06/03/2021 Page 132 of 203 06/03/2021 Page 133 of 203 06/03/2021 Page 134 of 203 06/03/2021 Page 135 of 203  7K 06/03/2021 Page 136 of 203 06/03/2021 Page 137 of 203 06/03/2021 Page 138 of 203  7L 06/03/2021 Page 139 of 203 06/03/2021 Page 140 of 203 06/03/2021 Page 141 of 203 06/03/2021 Page 142 of 203 06/03/2021 Page 143 of 203  7M1 06/03/2021 Page 144 of 203 06/03/2021 Page 145 of 203 06/03/2021 Page 146 of 203 06/03/2021 Page 147 of 203  7M2 06/03/2021 Page 148 of 203 06/03/2021 Page 149 of 203 06/03/2021 Page 150 of 203 06/03/2021 Page 151 of 203 06/03/2021 Page 152 of 203  7M3 06/03/2021 Page 153 of 203 06/03/2021 Page 154 of 203 06/03/2021 Page 155 of 203  7M4 06/03/2021 Page 156 of 203 06/03/2021 Page 157 of 203 06/03/2021 Page 158 of 203 06/03/2021 Page 159 of 203  7N 06/03/2021 Page 160 of 203 06/03/2021 Page 161 of 203 06/03/2021 Page 162 of 203 06/03/2021 Page 163 of 203 06/03/2021 Page 164 of 203 06/03/2021 Page 165 of 203  8A 06/03/2021 Page 166 of 203 06/03/2021 Page 167 of 203 06/03/2021 Page 168 of 203 06/03/2021 Page 169 of 203 06/03/2021 Page 170 of 203 06/03/2021 Page 171 of 203 06/03/2021 Page 172 of 203 06/03/2021 Page 173 of 203 06/03/2021 Page 174 of 203 06/03/2021 Page 175 of 203 06/03/2021 Page 176 of 203 06/03/2021 Page 177 of 203 06/03/2021 Page 178 of 203 06/03/2021 Page 179 of 203 06/03/2021 Page 180 of 203 06/03/2021 Page 181 of 203 06/03/2021 Page 182 of 203 06/03/2021 Page 183 of 203 06/03/2021 Page 184 of 203 06/03/2021 Page 185 of 203 06/03/2021 Page 186 of 203 06/03/2021 Page 187 of 203 06/03/2021 Page 188 of 203 06/03/2021 Page 189 of 203 06/03/2021 Page 190 of 203 06/03/2021 Page 191 of 203 06/03/2021 Page 192 of 203 06/03/2021 Page 193 of 203 06/03/2021 Page 194 of 203 06/03/2021 Page 195 of 203 06/03/2021 Page 196 of 203 06/03/2021 Page 197 of 203 06/03/2021 Page 198 of 203 06/03/2021 Page 199 of 203 06/03/2021 Page 200 of 203 06/03/2021 Page 201 of 203 06/03/2021 Page 202 of 203 06/03/2021 Page 203 of 203