Aberdeen City Council

18033 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, December 6, 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, Mark Remily, Dave Lunzman, Josh Rife, Alan Johnson, Justin Reinbold, Tiffany Langer by teleconference, Clint Rux, and Mayor Travis Schaunaman. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, Joel Weig, and Bob Braun. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Motion by Rux, second by Reinbold to approve the agenda. Voice vote to approve, all voting aye, motion carried. MINUTES Motion by Johnson, second by Lunzman to approve the minutes of the November 22, 2021 City Council Meeting, as circulated. Voice vote to approve, all voting aye, motion carried. OPEN FORUM Jay Gellhaus was present to discuss Tax Increment Financing approval procedures regarding “non-public improvement” project costs. CONSENT CALENDAR Motion by Remily, second by Lunzman to approve the following items on the consent calendar: SET HEARING DATE – of December 27, 2021 at 5:30 p.m. for a petition to rezone certain property described as Lots 7 and 8, Block 11, Sullivan & Easton Addition in the SW ¼, Sec. 12, T123N, R64W, Aberdeen, Brown County, South Dakota (909 North Main Street) from (R-2) Medium Density Residential District/(R-4) Special Density Residential District to (C-1) Neighborhood Commercial District. LICENSE RENEWALS FOR THE YEAR 2022 – Retail On-Sale Liquor (RL) – Ronald Rivett Lodging dba Aberdeen Super 8 East, 2405 – 6th Avenue, SE; Airport Fuel, LLC dba Airport Fuel-Holiday, 4707 E. Hwy #12; BPO Elks Lodge No. 1046 dba Elks Lodge, 705 Circle Drive; W & P of Aberdeen, LLC dba Buffalo Wild Wings, 3401 – 6th Avenue, SE; OCHO Inc. dba Casino Korner 2, 707 N. 2nd St. Suite B; City Lights Bar & Event Center LLC dba City Lights Bar & Event Center, 316 S. 2nd St.; Eagle River LLC dba 715 N. 10th St.; WMMW, Inc. dba Lagers Inn, 20 – 3rd Avenue, SW; Abraham Hernandez and Catherine  18034 Infante dba Lounge 420, 420 S. Main St.; Loyal Order of the Moose dba Moose Lodge, 410 – 9th Avenue, SW; HAYJON Inc. dba Main St. Project, 917 S. Main St. (Inactive); Aberdeen Mavericks LLC dba Maverick’s, 720 Lamont St.; HUASTECA LLC dba Mazatlan Mexican Restaurant, 1 S. 1st St.; D.O.M. Inc. dba Moccasin Creek Casino, 1711 – 4th Avenue, SE; Pounders Inc. dba Pounders, 1702 – 6th Avenue, SE; P & M Enterprises Inc. dba R & A Bar, 5 S. Main St.; Regency Midwest Ventures LP dba Ramkota Inn, 1400 – 8th Avenue, NW; HAYJON Inc. dba Rohly’s Bar, 1524 – 6th Avenue, SW; Rolling Hills Golf Club LLC dba Rolling Hills Golf Club, 546 Palmer Circle; Refik R. Ismaili dba Roma Ristorante Italiano, 104 S. Main St.; Aberdeen Cuisine Inc. dba Ruby Tuesday, 3125 – 6th Avenue, SE; TWO Cs Inc. dba Schwan’s Recreation, 714 – 1st Avenue, NE; The 322 LLC dba Three 22 Kitchen & Cocktails, 322 S. Main St.; Veterans of Foreign Wars dba VFW Clubroom, 802 S. Main St.; Skyline Recreation Inc. dba Village Bowl, 314 – 8th Avenue, NW; Aberdeen Zoo Inc. dba The Zoo, 1017 S. Main St.; Retail On-Sale Full Service Restaurant Liquor (RR) – AK & K, LLC dba Buffalo Wings & Rings, 2411 – 6th Avenue, SE; Package Off-Sale Liquor (PL) – 6th Avenue Pit Stop Inc. dba 6th Avenue Pit Stop, 802 – 6th Avenue, SW; Aberdeen Pit Stop Inc. dba Aberdeen Pit Stop, 2323 – 8th Avenue, NE; Ronald Rivett Lodging dba Aberdeen Super 8 East, 2405 – 6th Avenue, SE; Airport Fuel, LLC dba Airport Fuel-Holiday, 4707 E. Hwy #12; NUEVE Inc. dba C-Express 8th Ave., 1202 – 8th Avenue, NE; OCHO Inc. dba C- Express North Second, 711 N. 2nd St.; OCHENTA Inc. dba C-Express State, 524 – 6th Avenue, SE; TREINTA, Inc. dba C-Express Suite #1, 2303 – 6th Avenue, SE; Eddie’s Northside Sinclair LLC dba Eddie’s Northside Sinclair, 208 N. 2nd St.; E-Z Stop Food Marts Inc. dba E-Z Stop Food Marts, 421 S. Roosevelt St.; Kens Supermarket Inc. dba Ken’s Bottle Shop, 2105 – 6th Avenue, SE; Kessler Fuel Inc. dba Kessler Holiday, 702 – 6th Avenue, SE; Kesslers Inc. dba Kesslers Liquor, 621 – 6th Avenue, SE; WMMW Inc. dba Lagers Inn, 20 – 3rd Avenue, SW; Abraham Hernandez and Catherine Infante dba Lounge 420, 420 S. Main St.; Miller & Holmes Inc. dba M & H Gas, 202 – 6th Avenue, SW; Aberdeen Mavericks LLC dba Maverick’s, 720 Lamont St.; Pounders Inc. dba Pounders, 1702 – 6th Avenue, SE; HAYJON Inc. dba Rohly’s Bar, 1524 – 6th Avenue, SW; TWO Cs Inc. dba Schwans Recreation, 714 – 1st Avenue, NE; SOOPER STOP Inc. dba Sooper Stop, 19 N. Dakota St.; South C Store Inc. dba South C Store, 1020 S. Main St.; The 322 LLC dba Three 22 Kitchen and Cocktails, 322 S. Main St.; Wal-Mart Stores Inc. dba Wal-Mart, 3820 – 7th Avenue, SE. Retail On-Off Sale Wine and Cider License (RW) – Allevity Entertainment, LLC dba Allevity Entertainment, 130 Centennial St.; APEX Events LLC dba 1302 S. State St. - NSU Barnett Center, OCHO Inc. dba Casino Korner, 707 N. 2nd St.; TREINTA, Inc. dba C- Express Suite #2, 2303 – 6th Avenue, SE; The Crown LLC dba Danger Von Dempsey’s Pizzeria, 1023 S. Main St.; Teton Group, LLC dba Fairfield Inn and Suites, 2901 – 6th Avenue, SE; Family Dollar LLC dba Family Dollar, 412 – 6th Avenue, SW; Guadalajara III Inc. dba Guadalajara Mexican Restaurant, 3015 – 6th Avenue, SE #3; Heartland Casino, LLC  18035 dba Heartland Players Club, 1923 – 6th Avenue, SE #102; Kesslers Inc. dba Kesslers Liquor, 621 – 6th Avenue, SE; MP Aberdeen LLC dba My Place Hotel, 410 S. Harvard St.; Profiling Beauty, LLC dba Profiling Beauty, 224 – 1st Avenue, SE; Regency Midwest Ventures LP dba Ramkota Inn, 1400 – 8th Avenue, NW; Revive Day Spa Inc. dba Revive Day Spa, 301 S. Main St.; Slackers LLC dba Slackers Bar, 319 S. Main St.; The Junction LCI, LLC dba The Junction, 205 – 6th Avenue, SE Suite #101; Tokyo Sushi & Steakhouse LLC dba Tokyo Sushi & Steakhouse, 3315 – 6th Ave., SE #68; Wal-Mart Stores Inc. dba Wal-Mart, 3820 – 7th Avenue, SE. LICENSES – Home Day Care – Morgan Kadoun; Taxi Cab Driver – Shawn Van Cleave LOTTERY NOTICE – DTOM 22/0 Foundation – receive and place on file Voice vote to approve, all voting aye, motion carried. OLD BUSINESS ORDINANCE NO. 21-11-02 Motion by Rux, second by Johnson to approve second reading and final adoption of Ordinance No. 21-11-02 setting the salaries and wages of City officials and employees for the upcoming year. Roll call vote to approve, all voting aye, motion carried. DISCUSSION OF RESOLUTION TO CREATE TAX INCREMENT FINANCING DISTRICT NO. 35 Discussion continued from the November 22, 2021 City Council Meeting to consider Resolution No. 21-11-02R creating Tax Increment Financing District (TIF) No. 35 (“Dakota Estates TIF”) in the amount of $1,550,000.00 for property located at 915 and 916 Villa Drive and 1022 – 27th Avenue, NE. The developers, Purple Cow Properties, LLC, Forte of Aberdeen, LLC, and Dakota Estates III, LLC, are requesting the TIF for two multi-family structures with 172 total units and two smaller lots intended for future residential development, to construct a roadway from North Harrison Street from 27th Avenue, NE to 24th Avenue, NE and extend 27th Avenue, NE to North Harrison Street, and install a water main loop from the development to 24th Avenue, NE at a cost of $833,267.00. The remaining $722,000.00 would finance project costs for construction of the units including parking lots, site, and foundation work. City Manager Joe Gaa explained that the TIF proposal was a little different from other TIFs approved and the developers are waiving the discretionary formula which gradually increases property taxes to 100% taxes over a period of five years. Discussion followed. Some Council Members had concerns regarding the use of a TIF for project costs not for public infrastructure and thought approving the TIF would set a new precedent. Nate Stencil of Stencil Group was present for the discussion and mentioned that there are TIF proposals in other communities that do include project development costs. Stencil also said that plans are to develop additional homes outside the boundaries of the TIF and the City would acquire the tax benefits from that development. Motion by Ronayne, second by Remily to approve Resolution No. 21-11-02R creating Tax  18036 Increment Financing District No. 35 (“Dakota Estates TIF”). Roll call vote to approve, Rux, Reinbold, Johnson, Rife, Lunzman, and Mayor Schaunaman voting nay, Langer, Remily, and Ronayne voting aye, 6 voting nay and 3 voting aye, motion failed. NEW BUSINESS DISCUSSION OF FINAL REDISTRICTING PLAN OF REDISTRICTING COMMISSION City Attorney Ron Wager discussed the re-districting process and options available to the City Council. Josh Van Laecken, Redistricting Commission Chairperson, explained the process used by the Redistricting Commission to create the plan. Motion by Ronayne, second by Rux to approve and adopt the Final Redistricting Plan of the Redistricting Commission. Roll call vote to approve, all voting aye, motion carried. NATIONAL CLASS ACTION LAWSUIT BY GOVERNMENTAL ENTITIES AGAINST OPIOIDS DISTRIBUTORS AND A MANUFACTURER City Attorney Ron Wager discussed the national class action lawsuit against the three largest pharmaceutical distributors of opioids, McKesson, Cardinal Health, and AmerisourceBergen and one manufacturer, Janssen Pharmaceuticals, Inc.-Johnson and Johnson. Motion by Ronayne, second by Rife to opt in the National Opioids Settlement, participate in a distribution of any settlement proceeds available to the City of Aberdeen, and authorize the City Manager to execute all binding documents required to participate in the proposed settlement. Roll call vote to approve, all voting aye, motion carried. PUBLIC HEARING ON SPECIAL ONE-DAY LIQUOR LICENSE FOR PRESENTATION COLLEGE Mayor Schaunaman opened a hearing on an application for a Special One-Day Retail Liquor License on February 26, 2022 for Presentation College’s “Denim & Diamonds Ball” at the Aberdeen (Milwaukee) Train Depot, 10 Railroad Avenue, SW. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Remily, second by Reinbold to approve of a Special One-Day Retail Liquor License on February 26, 2022 for Presentation College’s “Denim & Diamonds Ball” at 10 Railroad Avenue, SW. Voice vote to approve, all voting aye, motion carried. JOINT COOPERATIVE AGREEMENT WITH NECOG City Finance Officer Karl Alberts requested approval to enter into a Joint Cooperative Agreement with the Northeast Council of Governments (NECOG) for the upcoming year to provide assistance with grants and development information for the City of Aberdeen. Motion by Rux, second by Reinbold to approve and authorize the Mayor to sign the Joint Cooperative Agreement for the upcoming year with the Northeast Council of Governments. Voice vote to approve, all voting aye, motion carried. PROFESSIONAL SERVICE AGREEMENT WITH HR GREEN Water Treatment Superintendent Bob Braun requested approval to enter into a Professional Service Agreement with HR Green in the amount of $98,500.00 to provide  18037 improvements for the Pretreatment and Reclaim Water Systems and evaluate the low lift pump station at the Water Treatment Plant. Motion by Johnson, second by Remily to approve and authorize the City Manager to sign the Professional Service Agreement with HR Green in the amount of $98,500.00. Roll call vote to approve, all voting aye, motion carried. REQUEST TO PURCHASE PIERCE ENFORCER RESCUE PUMPER Fire Chief Joel Weig requested approval to enter into a purchase agreement with MacQueen Emergency Group and approval of a prepayment for a Pierce Enforcer Heavy Duty Rescue Pumper. Weig said the new Pierce Rescue Pumper would replace a 1993 Luverne Pumper that was scheduled to be replaced in 2024. The original price of the Pierce Rescue Pumper is $681,954.00 and the prepayment of $662,968.00 off the price would save $18,986.00. Motion by Remily, second by Rux to authorize the City Manager to sign a purchase agreement with MacQueen Emergency Group and a prepayment of $662,968.00 for a Pierce Enforcer Rescue Pumper. Roll call vote to approve, all voting aye, motion carried. REJECT BIDS FOR CITY FLEET VEHICLES City Manager Joe Gaa requested approval to reject all bids received on November 16, 2021 for the purchase of several fleet vehicles for City Departments due to the lack of bids. Motion by Ronayne, second by Johnson to reject all bids received for the purchase of fleet vehicles. Voice vote to approve, all voting aye, motion carried. CHANGE ORDER/PAYMENT FOR ACCESSIBLE QUADRANT IMPROVEMENTS City Engineer Robin Bobzien requested approval of Change Order #5 in the amount of $50,616.94 and Payment #5 in the amount of $81,921.29 to CWF Masonry & Construction for work on the Accessible Quadrant Improvements Project. Motion by Reinbold, second by Rife to approve Change Order #5 in the amount of $50,616.94 and Payment #5 in the amount of $81,921.29 to CWF Masonry & Construction for work on the project. Roll call vote to approve, all voting aye, motion carried. CHANGE ORDER/PAYMENT FOR STREET MAINTENANCE CONCRETE REPAIR II City Engineer Robin Bobzien requested approval of Change Order #2 in the amount of (-$8,370.35) and Payment #2 in the amount of $80,731.91 to CWF Masonry & Construction for work on the Street Maintenance Concrete Repair II Project. Motion by Reinbold, second by Ronayne to approve of Change Order #2 in the amount of (-$8,370.35) and Payment #2 in the amount of $80,731.91 to CWF Masonry & Construction for work on the project. Roll call vote to approve, all voting aye, motion carried. PAYMENT FOR WATER TREATMENT DISINFECTION SYSTEM IMPROVEMENTS Water Superintendent Bob Braun requested approval of Payment #1 in the amount of $107,800.00 to North Star Logistics, LLC for work on the Water Treatment Disinfection System Improvements. Motion by Remily, second by Johnson to approve of Payment #1 in the amount of $107,800.00 to North Star Logistics, LLC for work on the project. Roll call vote to approve, all voting aye, motion carried.  18038 UPDATE ON POTENTIAL ORDINANCE REVISIONS City Manager Joe Gaa gave an update on potential ordinance revisions including residential dwellings in I-2 Districts and e-scooters. City Attorney Ron Wager gave an update on the medical cannabis licensing process with the State and the City of Aberdeen. REQUEST LICENSE TO HANG HOLIDAY BANNER ACROSS 15TH AVENUE, SE City Attorney Ron Wager explained a request from Adam Ochsner and Mike Olson for a license to hang a holiday banner across the 2200 Block of 15th Avenue, SE and recommended denial of the request. Motion by Ronayne, second by Johnson to deny a license to Adam Ochsner and Mike Olson to encroach upon the public right-of-way by installing a holiday banner spanning the 2200 block of 15th Avenue, SE. Roll call vote to deny, Rux, Langer, Reinbold, Johnson, Rife, Lunzman, Remily, and Ronayne voting aye, Mayor Schaunaman voting nay, 8 voting aye and 1 voting nay, motion carried. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Johnson, second by Reinbold to approve payment of the bills listed for December 6, 2021 and payroll for the period from November 21, 2021 through December 4, 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 182,500.00; Reed Fund 5,468.75; US Bank 46,687.30; Aberdeen Chamber of Commerce 20.00; Lighthouse Uniform Co. 655.10; SD Municipal Attorney Assn. 35.00; RDO Equipment Co. 1,953.19; Dakota Doors Inc. 86.73; NDSU Soil Testing Lab 45.00; Hawkins Inc. 4,841.24; Dakota Electronics 48.80; Vosika Fencing 6,718.00; Don’s Builders Hardware 248.95; Quality Welding Inc. 59.46; Jensen Rock & Sand Inc. 30,724.27; Graham Tire Co. 1,473.00; Direct Automation LLC 1,028.83; Auto Value Parts/Hedahls 588.88; Kesslers Inc. 43.56; MAC’s Inc. 102.63; Witmer Public Safety Group 422.17; Farnams Genuine Parts 489.86; Dakota Supply Group 537.47; Midstates Group 757.00; Med Alliance Group 18,137.39; SHARE Corp. 1,924.16; Gary’s Auto Body & Accessories 1,195.53; Crawford Trucks & Equipment 1,559.36; SD Dept. of Transportation 1,972.38; Aberdeen Area Arts Council 7,682.00; SD Water & Wastewater 70.00; Aberdeen Awards 6.00; Totally Tubular Mfg. 170.44; Bartlett & West 21,124.89; MacQueen Emergency Group 332.78; Tony Bisbee 2,000.00; Northern Truck Equipment 572.86; Dependable Sanitation 54.00; Swanberg Construction 158,206.50; USA Blue Book 8,530.67; Energy Lab Inc. 48.00; SD Dept. Health Lab 577.00; Titan Access Productivity 460.50; Electrical Engineer & Equipment Co. 271.50; ULine 2,924.25; Jarman’s Water Systems 722.50; Dakotaland Autoglass Inc. 433.55; Northern Valley Communications 330.77; Lien Transportation Co. 5,261.76; Footsteps Counseling 180.00; SD One Call 379.68; Century Business Products 210.00; Menards Inc. 1,432.53; Aqua Pure Inc. 325.00; Convention Visitors Bureau 31,524.64; Dakota Fluid Power Inc. 189.79; Killoran Trucking  18039 & Brokerage 8,090.59; Pete Lien & Sons Inc. 7,169.86; Ferguson Waterworks 1,300.88; Matheson Tri-Gas Inc. 23.84; Aberdeen Shuttle 111.50; POMP’s Tire Service 651.60; L & T Lawn Care LLC 62.50; Locators & Supplies Inc. 556.55; Konica Minolta Premier Finance 126.85; Premier Specialty Vehicles 73.60; Business Improvement District 13,730.22; North Central Rental/Leasing 14,239.75; Dacotah Bank Aberdeen 84,354.28; ARAMARK Uniform Service 759.56; Crescent Electric Supply 98.27; Stryker Sales Corp. 697.00; Linde Gas & Equipment Inc. 239.53; Operative IQ 575.00; Taylor Healthcare Products 759.60; First State Bank of Roscoe 13,180.35; Muth Electric 1,491.03; Guardian Life Ins. Co. 1,252.80; United Parcel Service 53.52; Northern Plains Psych. 240.00; MAC Tools/D & D Distributing LLC 370.00; Haar Plumbing & Heating, Inc. 4,692.10; Blackstrap Inc. 11,112.63; Runnings Supply Inc. 547.66; Interstate Battery 107.95; HR Green Inc. 7,900.75; Dacotah Paper Co. 234.32; Larry Wheeting 31.97. Payroll for the period from November 21, 2021 through December 4, 2021 and City share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS 132,608.35; SD Retirement 83,506.60; Governing Body 3,192.28; City Manager 7,708.12; City Attorney 6,883.80; Finance 15,349.61; HR 10,063.20, Building 1,797.76; Computer 4,925.74; Planning/Zoning 15,752.95; Engineering 13,831.01; Police 148,451.13, Jarrod Zaruba 28.50 hr; Fire 121,526.05, Housing/Building 6,886.55; Street 32,620.93, Traffic 5,897.51; Solid Waste 23,044.65; Transportation/Ride Line 17,128.20, David Johnson 17.83 hr, Tim Steinwandt 17.83 hr; Library 28,343.71; Parks, Rec & Forestry 88,851.26, Andrew Bertsch 10.25 hr; Airport 17,055.17; Pipe 24,955.30; Water Treatment 20,536.89, Chris Holzer 18.00 hr; Meter 1,716.39; Water Reclamation 21,271.04, Mark Materi 20.68 hr; Pump 7,637.97. Roll call vote to approve, all voting aye, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa gave employee recognitions to Zach Krage for five years of service with the Aberdeen Police Department and Mark Hoven for forty-three years of service with the Parks, Recreation, & Forestry Department. ADJOURNMENT There being no further business, motion by Remily, second by Rux to adjourn the meeting. Voice vote to adjourn, all voting aye, motion carried. The meeting adjourned at 6:45 p.m. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer.