Aberdeen City Council

AGENDA ABERDEEN CITY COUNCIL MEETING MONDAY, DECEMBER 27, 2021 AT 5:30 P.M. CITY COUNCIL CHAMBERS 123 S. LINCOLN ST., ABERDEEN, SOUTH DAKOTA 57401 1. CALL TO ORDER A. ROLL CALL B. PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES, CITY COUNCIL MEETING OF DECEMBER 20, 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. 2022 RETAIL LIQUOR, PACKAGE LIQUOR, AND RETAIL WINE LICENSE RENEWALS FOR VARIOUS BUSINESSES IN THE CITY OF ABERDEEN, SD B. LICENSE – MASTER PLUMBER – JOSEPH POSER C. PLATS 1. BETTMANN ADDITION TO WYLIE PARK ESTATES IN THE CITY OF ABERDEEN IN THE NE ¼, SEC. 11, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (802 WILLOW DRIVE AND 1713 BIRCH DRIVE) 2. LOTS 7B AND 7C, BLOCK 2, DAKOTA ESTATES THIRD SUBDIVISION TO ABERDEEN IN THE SW ¼, SEC. 6, T123N, R63W OF THE 5TH P.M., BROWN COUNTY, SD (1022 – 27TH AVENUE, NE) 3. TWENTIETH ADDITION OF HIGHLAND NORTH ADDITION TO ABERDEEN IN THE NE ¼, SEC. 12, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (605, 609, 701, 715, 723, 809, 815, AND 823 – 15TH AVENUE, NE) 4. ROLLING HILLS VILLAGE EIGHTEENTH ADDITION TO THE CITY OF ABERDEEN IN THE NW ¼, SEC. 14, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (505 PALMER CIRCLE EAST AND 1605 STEWART DRIVE) 5. W & A HANSON ADDITION TO THE CITY OF ABERDEEN IN THE NE ¼, SEC. 24, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (929 SOUTH KLINE STREET) D. LOTTERY NOTICES – ABERDEEN AREA VETERANS INC. - RECEIVE AND PLACE ON FILE E. REPORTS AND MINUTES FROM CITY BOARDS – RECEIVE AND PLACE ON FILE 1. ABERDEEN AIRPORT BOARD MEETING MINUTES 2. ABERDEEN CITY PLANNING COMMISSION MEETING MINUTES 3. BOARD OF ZONING ADJUSTMENT MEETING MINUTES 4. K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES MEETING MINUTES 6. OLD BUSINESS A. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 21-12-02 ADJUSTING COUNCIL DISTRICTS BOUNDARY DESCRIPTIONS FOLLOWING ADOPTION OF REDISTRICTING PLAN B. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 21-12-03 SUPPLEMENTING THE 2021 BUDGET FOR VARIOUS UNANTICIPATED PROJECTS, ACTIVITIES, AND EXPENSES 12/23/2021 Page 1 of 111  C. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 21-12-04 SUPPLEMENTING THE 2021 BUDGET FOR VARIOUS PARKS, RECREATION, AND FORESTRY DEPARTMENT ACTIVITIES 7. NEW BUSINESS A. POSSIBLE FIRST READING OF ORDINANCE NO. 21-12-01 TO REZONE PROPERTY DESCRIBED AS LOTS 7 AND 8, BLOCK 11, SULLIVAN & EASTON ADDITION (909 NORTH MAIN STREET) FROM (R-2) DISTRICT/(R-4) DISTRICT TO (C-1) DISTRICT B. POSSIBLE APPROVAL OF RESOLUTION NO. 21-12-05R AUTHORIZING THE TRANSFER OF BUDGET AUTHORITY FROM CONTINGENCY TO POLICE AND FIRE DEPARTMENTS AND TIF DEBT SERVICE FUNDS C. POSSIBLE APPROVAL OF RESOLUTION NO. 21-12-06R DISSOLVING TAX INCREMENT FINANCING (TIF) DISTRICT NO. 22 D. REQUEST FOR PERMISSION TO ATTACH AN 8’ X 24’ MURAL ONTO NORTH SIDE OF BUILDING AT 506 SOUTH MAIN STREET OWNED BY THE ABERDEEN DEVELOPMENT CORPORATION AND THE ABERDEEN AREA ARTS COUNCIL E. POSSIBLE CONFIRMATION OF MAYOR SCHAUNAMAN’S APPOINTMENT OF JEFF MITCHELL TO THE ABERDEEN HOUSING AUTHORITY BOARD FOR A FIVE-YEAR TERM ENDING DECEMBER 31, 2026 F. REQUEST TO PURCHASE A NEW 2022 JOHN DEERE 60G COMPACT EXCAVATOR FROM RDO EQUIPMENT CO. IN THE AMOUNT OF $76,660 FOR THE PUBLIC WORKS UTILITY DEPARTMENT G. PRESENTATION OF THE QUARTERLY ACTIVITIES REPORT FOR THE ABERDEEN AREA CHAMBER OF COMMERCE – LISA ANDERSON, MARKETING DIRECTOR 8. REVIEW AND APPROVAL OF CLAIMS A. BILLS: APPROVAL OF BILL LIST FOR DECEMBER 27, 2021 COUNCIL MEMBERS MAY ABSTAIN REGARDING AN IDENTIFIED CLAIM IN THE BILL LIST AND VOTE TO APPROVE THE REMAINDER OF THE BILLS 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 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. 12/23/2021 Page 2 of 111 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. 12/23/2021 Page 3 of 111  MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, December 20, 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 by teleconference, Mark Remily, Dave Lunzman, Alan Johnson, Justin Reinbold, Tiffany Langer, Clint Rux, and Mayor Travis Schaunaman. City Council Member Josh Rife was absent. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, Rich Krokel, Peggi Badten, and Joel Weig. 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 present voting aye, motion carried. MINUTES Motion by Johnson, second by Remily to approve the minutes of the December 6, 2021 City Council Meeting, as circulated. Voice vote to approve, all present voting aye, motion carried. OPEN FORUM No one appeared in open forum to address the Council. CONSENT CALENDAR Motion by Remily, second by Lunzman to approve the following items on the consent calendar: SET HEARING DATE – of January 3, 2022 at 5:30 p.m. for a new Retail On-Off Sale Wine and Cider License and a new Retail On-Off Sale Malt Beverage and SD Farm Wine License for the Engels Event Company LLC dba 209 South Main Street SET HEARING DATE – of January 3, 2022 at 5:30 p.m. for a new Retail On-Off Sale Wine and Cider License for the Hub City Axe Throwing LLC dba 3315 – 6th Avenue, SE Suite #10 LICENSE – Taxi Cab Driver – Carol Ann Althoff LOTTERY NOTICES – Catholic United Financial; Foundation for Youth Firearms Safety, Inc. dba Great Plains Outdoorsmen; Presentation College; Yelduz Shriners – receive and place on file Voice vote to approve, all present voting aye, motion carried. OLD BUSINESS DISCUSSION ON RESOLUTION CREATING TAX INCREMENT FINANCING DISTRICT NO. 35 (“DAKOTA ESTATES TIF”) 12/23/2021 Page 4 of 111  City Manager Joe Gaa explained that the Council did not approve the Dakota Estates TIF No. 35, (915 and 916 Villa Drive and 1022 – 27th Avenue, NE) for $1,550,000, at its December 6, 2021 meeting but encouraged the developer to return with an alternative proposal for reconsideration. The owners/developers, Purple Cow Properties, LLC, Forte of Aberdeen, LLC, and Dakota Estates III, LLC have proposed that project costs for the TIF include only the estimated expenses of $833,267 to construct the public improvements needed for the multi-family apartment complex and future residential development but not the estimated expenses of $722,000 for the private improvements. The developer also proposed that it not be required to waive the discretionary formula for the assessed value which is available for this development. Gaa said that staff supports the creation of the Dakota Estates TIF with the changes made by the developer. City Attorney Ron Wager informed the Council that to take up the matter again a motion needed to be made to rescind the prior decision at the December 6, 2021 meeting denying Resolution No. 21-11-02R for Tax Increment Financing District No. 35 (“Dakota Estates TIF”). Wager also said that the Council could then motion to bring back on the table the Resolution No. 21-11-02R and ask for amendments to that resolution creating the Tax Increment Financing District No. 35. Motion by Remily, second by Langer to rescind, pursuant to Rule 8.F of the Rules of Order, the December 6, 2021 decision of the Council in which it did not approve and adopt Resolution No. 21-11-02R creating Tax Increment Financing District No. 35. Roll call vote to rescind, all present voting aye, motion carried. Motion by Rux, second by Johnson to approve and adopt Resolution No. 21-11-02R, as amended, creating Tax Increment Financing District No. 35 and establishing terms and conditions for the tax increment district. After further discussion, roll call vote to approve, all present voting aye, number of ayes 8, number of nays 0, members abstaining 0, motion carried. RESOLUTION NUMBER 21-11-02R RESOLUTION CREATING TAX INCREMENT FINANCING DISTRICT NUMBER 35 WHEREAS, a public hearing was held before the Planning Commission of the City of Aberdeen, South Dakota, on October 19, 2021, at 6:00 p.m., in Council Chambers in the Municipal Building, 123 South Lincoln Street, Aberdeen, South Dakota, pursuant to notice of such hearing, for the purpose of considering the creation of Tax Increment Financing District Number 35 (hereafter the “District”) and its proposed boundaries, such public hearing also being the time and place for its regular meeting; and WHEREAS, the Planning Commission at such regular meeting did establish the boundaries of the District and did recommend the City Council of the City of Aberdeen, South Dakota, create the District; and WHEREAS, the Planning Commission at such regular meeting did recommend to the City Council that it approve and adopt the Project Plan; and WHEREAS, such action by the Planning Commission was done in accordance with SDCL Chapter 11-9 at a regular meeting of the said Planning 12/23/2021 Page 5 of 111  Commission after notice properly given and after due hearing and being appropriately and properly advised. NOW, THEREFORE, BE IT RESOLVED by the City Council of Aberdeen, South Dakota, as follows: 1. District Necessity. Pursuant to SDCL §11-9-8, the City Council hereby declares the necessity to form the District in the City of Aberdeen as such district contains property not less than not less than fifty percent, by area, of the real property within the district will stimulate and develop the general economic welfare and prosperity of the state and the City through the promotion and advancement of industrial, commercial, manufacturing, agricultural, or natural resources development; and that the improvement of the area is likely to significantly enhance the value of substantially all other real property in the district and improve the tax base of the City of Aberdeen. 2. District Boundaries. The boundaries of the District shall be and the same are hereby designated as: DAKOTA ESTATES THIRD SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 123 NORTH, RANGE 63 WEST OF THE 5th P.M., BROWN COUNTY, SOUTH DAKOTA, INCLUDING THE PUBLIC RIGHTS-OF-WAY ADJACENT THERETO. 3. Creation and Conditions. The District is hereby created with an effective date of December 20, 2021 , and upon the following conditions: (a) Term of District. The term of the District shall be twenty (20) years from the date of the creation of the District, therefore, positive tax increments may not be allocated to the City longer than twenty (20) years after the calendar year of creation of the District. (b) Payment of Project Costs. Project costs in the amount of $833,267.00, plus interest computed at 5.5% per year, are eligible for reimbursement by the City from positive tax increments. No project cost incurred after five (5) years following the creation of the District may be paid from positive tax increments unless an amendment to the Project Plan is adopted. All outstanding indebtedness for project costs financed by Purple Cow Properties LLC, Forte of Aberdeen LLC, and Dakota Estates III LLC (collectively the Owner and Developer of land which has been designated the “Dakota Estates Project”), and their successors and assigns, shall be paid or retired, and all tax increment bonds shall mature, no later than the term of the District. (c) Sale or Transfer to Terminate District. Developer may neither sell or transfer a controlling ownership interest in Developer, nor sell or transfer title to, or sell or transfer a controlling ownership in, the property described in the Project Plan at any time before the expiration of twenty (20) years from the date of creation of the District without providing for termination of the District as follows: (1) For project costs financed by Developer, Developer shall pay or retire all outstanding debt for project costs to any holder of such indebtedness; or 12/23/2021 Page 6 of 111  (2) For project costs for which tax increment bonds were issued, Developer shall remit to the City sufficient funds for City to redeem the bonds in whole. (d) Waiver of discretionary formula. Developer may waive the discretionary formula of all of the assessed valuation for tax purposes for the five (5) tax years following construction of the improvements identified in the Project Plan. (e) No Remittance Upon Default. No Tax Increment Revenues for reimbursement of eligible project costs will be remitted by the City to Developer or to holders of indebtedness issued to pay for project costs if Developer is in default of the Development Agreement as fully- executed by and between Developer and the City of Aberdeen (hereafter the “Development Agreement”). 4. District Name. The District shall be named and designated as “Tax Increment Financing District Number 35, City of Aberdeen, South Dakota.” 5. Project Plan. Except as otherwise amended by this Resolution, the Project Plan submitted by Developer shall be and the same is hereby approved and adopted. Such plan is feasible and in conformity with the master plan of the City of Aberdeen, South Dakota, a municipal corporation of the State of South Dakota. 6. Development Agreement. The Development Agreement shall specify the conditions for development of the owner’s property in the District and for financing and payment of the project costs. The Development Agreement when fully-executed shall be expressly incorporated herein and adopted by reference. The Development Agreement may be amended from time to time by mutual agreement of the parties. 7. Aggregate Valuation. The aggregate assessed valuation of the taxable property in the District plus the tax increment base of all other existing tax increment financing districts does not exceed 10% of the total assessed value of taxable property in the City of Aberdeen, South Dakota. 8. General Conditions for Termination of District. The District shall terminate upon the earliest date of any of the following occurrences: a. Positive tax increments are no longer allocable to the District; b. The Council, by resolution, dissolves the District, after payment or provision for payment of all project costs, grants, and all tax increment bonds of the District; or c. Developer is in default of the Development Agreement and fails to cure such default within the time specified therein. 9. Execution of Documents. The City Manager and Finance Officer are authorized to execute those documents necessary to create and certify Tax Increment Financing District Number 35 as of the effective date of creation of the district. The City Manager is authorized to finalize the execution of the Development Agreement and to enter into such amendments thereto from time to time as the City Manager determines to be in the best interests of the City of Aberdeen. 10. Severability. The provisions of this resolution are severable. If any provision of this resolution or the application thereof to any person or circumstance 12/23/2021 Page 7 of 111  is held to be invalid, such invalidity shall not affect other provisions or applications of this resolution which can be given effect without the invalid provision or application. On the initial motion made by Ronayne, second by Remily to approve the Tax Increment Financing District No. 35 (“Dakota Estates TIF”), roll call vote to approve, all present voting aye, motion carried. NEW BUSINESS PUBLIC HEARING ON WASTEWATER IMPROVEMENT PROJECT AND PROPOSED FINANCING Mayor Schaunaman opened a hearing for discussion of the Aberdeen Wastewater Improvements Project and the proposed financing for the project. City Manager Joe Gaa stated that the City of Aberdeen submitted three projects to be included in the State Water List for possible funding in the future: Water Treatment Improvements, Water Pipeline from the Missouri River, and Wastewater Improvements. The first project to move forward with is the Wastewater Improvement Project which will renovate and enlarge the current water reclamation facility at a cost estimated at over $56,000,000. Gaa said that the funding request would likely be from state funding in the forms of grants and SRF loans. Ted Dickey of Northeast Council of Governments, assisting with the application for state funding, was present to explain the application process and the rates. After further discussion, Mayor Schaunaman closed the hearing. Motion by Rux, second by Remily to adopt Resolution No. 21-12-04R authorizing an application for financial assistance, authorizing the execution and submittal of the application, and designating an authorized representative to certify and sign payment requests. Roll call vote to approve, all present voting aye, number of ayes 8, number of nays 0, motion carried. RESOLUTION NO. 21-12-04R RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS WHEREAS, the City of Aberdeen (the “City”) has determined it is necessary to proceed with improvements to its Wastewater System, including but not limited to renovating the main lift station and water reclamation facility in the city (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project. 12/23/2021 Page 8 of 111  NOW THEREFORE BE IT RESOLVED by the City as follows: 1. The City hereby approves the submission of an application for financial assistance in an amount not to exceed $56,323,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The City Manager is hereby authorized to execute the application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the application for financial assistance. 3. The City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Aberdeen, South Dakota, this 20th day of December 2021. ORDINANCE NO. 21-12-02 ADJUSTING COUNCIL DISTRICTS BOUNDARY DESCRIPTIONS City Attorney Ron Wager requested approval of the first reading of Ordinance No. 21-12-02 adjusting council districts boundary descriptions following the adoption of the redistricting plan. Motion by Johnson, second by Reinbold to approve first reading of Ordinance No. 21-12-02 adjusting the council districts boundaries in Aberdeen City Code, Sec. 18-38 as described in the Final Redistricting Plan adopted on December 6, 2021. Roll call vote to approve, all present voting aye, motion carried. DESIGNATION OF REPRESENTATIVES OF THE COUNCIL DISTRICTS City Attorney Ron Wager explained that South Dakota law requires the City Council to designate the council district that each council member will represent for the remainder of his or her term of office following redistricting. Wager indicated that the redistricting did not cause any council member to reside outside of the district he or she currently represents. Motion by Rux, second by Remily to designate the representatives of the four city council districts as follows: Southwest District – Councilman Alan Johnson and Councilman Justin Reinbold; Southeast District – Councilwoman Tiffany Langer and Councilman Clint Rux; Northwest District – Councilman Dave Lunzman and Councilman Josh Rife; Northeast District – Councilman Mark Remily and Councilman Rob Ronayne. Roll call vote to approve, all present voting aye, motion carried. ORDINANCE NO. 21-12-03 SUPPLEMENTING THE 2021 BUDGET City Finance Officer Karl Alberts requested approval of the first reading of Ordinance No. 21-12-03 supplementing the 2021 Budget for various unanticipated projects, activities, and expenses. Motion by Remily, second by Rux to approve first reading of Ordinance No. 21-12-03. Roll call vote to approve, all present voting aye, motion carried. ORDINANCE NO. 21-12-04 SUPPLEMENTING THE PARKS, RECREATION, AND FORESTRY 2021 BUDGET 12/23/2021 Page 9 of 111  City Finance Officer Karl Alberts requested approval of the first reading of Ordinance No. 21-12-04 supplementing the 2021 Budget for various Parks, Recreation, and Forestry activities. Motion by Remily, second by Reinbold to approve first reading of Ordinance No. 21-12-04. Roll call vote to approve, all present voting aye, motion carried. RESOLUTION NO. 21-12-01R OF INTENT TO LEASE CITY-OWNED LAND City Attorney Ron Wager presented Resolution No. 21-12-01R of intent to lease city- owned land at the Airport to Fixed Base Operators (FBO) for 20 years beginning in 2022. Wager stated that the Aberdeen Flying Service and Quest Aviation, Inc. wish to enter into new 20-year FBO Commercial Aviation Net Ground Leases at the Aberdeen Regional Airport. The current leases for the FBOs expire on January 14, 2022 and the Airport Board did recommend approval of the new leases at their December 9, 2021 meeting. Motion by Johnson, second by Rux to approve first reading and passage of Resolution No. 21-12-01R stating the council’s intent to lease city-owned land at the Aberdeen Regional Airport to private persons for terms and rental amounts invoking the requirements of SDCL §9-12-5.2, fixing a public hearing to consider final approval of such leases, and to authorize the Finance Officer to publish notice of hearing as required by law. Roll call vote to approve, Ronayne, Remily, Lunzman, Johnson, Langer, Rux, and Mayor Schaunaman voting aye, Reinbold abstaining, number of ayes 7, number of nays 0, members abstaining 1, motion carried. RESOLUTION NO. 21-12-01R RESOLUTION OF INTENT TO LEASE AIRPORT LANDS TO FIXED BASE OPERATORS WHEREAS, the City of Aberdeen owns and operates the Aberdeen Regional Airport at 4740 – 6th Ave., SE, Aberdeen, South Dakota (hereafter “Airport”); and WHEREAS, the City is authorized by SDCL §§9-12-5.1 and 50-6A-40 to lease its municipally-owned Airport property; and WHEREAS, the City desires to enter into Fixed Base Operator Commercial Aviation Net Ground Leases at the Airport for a period of twenty (20) years, to current lessees, Aberdeen Flying Service and Quest Aviation, Inc., or their successors and assigns, upon terms and conditions that permit their use of the designated lands for general aviation retail sales and the general commercial activities of an FBO; and WHEREAS, the City intends to lease 79,436 square feet of land to Aberdeen Flying Service for a 2022 rental value of $8,686.77, adjusted thereafter, and 71,123 square feet of land to Quest Aviation for a 2022 rental value of $7,223.11, adjusted thereafter. NOW, THEREFORE, BE IT RESOLVED that the City of Aberdeen intends to enter into such leases and fixes January 3, 2022, at 5:30 p.m., in City Council Chambers, 123 South Lincoln Street, Municipal Building, in the City of Aberdeen, South Dakota, as the time and place for public hearing on the leases. BE IT FURTHER RESOLVED that notice of the public hearing shall be published in 12/23/2021 Page 10 of 111  the official newspaper once, at least ten days prior to the hearing. BE IT FURTHER RESOLVED that following the public hearing the City Council may proceed to adopt a resolution approving the leases upon the terms and conditions it determines. The foregoing Resolution was approved after first reading and passed at a regular meeting of the Aberdeen City Council on the 20th day of December, 2021. PAYMENTS FOR AIRPORT IMPROVEMENT PROJECTS Transportation Director Rich Krokel requested approval of the following payments for work on Airport Improvement Projects: Payment #7 – #3-46-0001-43-2021 Taxiway Geometry – Sharpe Enterprises, in the amount of $116,994.65; Payment #4SA – AIP #3-46- 0001-43-2021 Taxiway Geometry – Sharpe Enterprises, in the amount of $29,954.34; Payment #25 – AIP #3-46-0001-43-2021 Taxi Geometry – Helms & Associates, in the amount of $11,455.85; Payment #3 – AIP #3-46-0001-43-2021 Taxiway GA Apron – Helms & Associates, in the amount of $8,839.37; Payment #11 – AIP #3-46-0001-43-2021 Taxiway Geometry – Helms & Associates, in the amount of $8,830.08; Payment #33 - #3-46-0001-40- 2019 Taxiway ‘C’ – Helms & Associates, in the amount of $664.17. Motion by Johnson, second by Lunzman to approve and authorize the City Manager to sign the payment requests for work on the Airport Improvement Projects. Roll call vote to approve, all present voting aye, motion carried. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Reinbold, second by Remily to approve payment of the bills listed for December 20, 2021 and payroll for the period from December 5, 2021 through December 18, 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: SD Dept. of Revenue 14,135.58; 121 Benefits 332.10; Wellmark Blue Cross/Blue Shield 34,755.98; NSU Rental 26.44; Courtney Smith 67.08; Mainstream Realty 41.46; Joan Lammon 59.30; Jerry Markovetz 27.14; Don Hamlin 74.65; Wayne Pitz 24.67; Richard Halstead 79.96; Ty Reinke 200.00; Aberdeen Chamber of Commerce 60.00; Aberdeen Development Corp. 42,499.97; Praxair Distribution Inc. 126.23; Helms & Associates 31,207.47; MARCO Technologies LLC 1,179.67; RBL Designs 3,200.00; RDO Equipment Co. 418.32; Brown County Landfill 19,643.92; A M Leonard Inc. 865.90; Aberdeen News 1,007.57; City Treasurer 300.00; Dahme Construction 18,961.61; Hawkins Inc. 1,420.00; Dakota Electronics 2,391.45; Lang’s TV & Appliance 1,579.97; Vosika Fencing 1,004.50; Don’s Builders Hardware 253.50; Eddie’s Northside Sinclair 28.00; Performance Oil & Lubricants 412.05; Cole Papers Inc. 2,091.99; Farm Power Mfg. Inc. 115.75; Jensen Rock & Sand Inc. 2,982.40; Graham Tire Co. 922.74; TDS Media Direct Inc. 490.00; Direct Automation LLC 1,003.98; Auto Value Parts/Hedahls 768.70; Heiman 12/23/2021 Page 11 of 111  Inc. 1,269.70; CASH-WA Distributing 1,430.08; House of Glass Inc. 1,287.34; Ken’s Alignment Auto Service 984.91; Kesslers Inc. 19.03; USA Shade & Fabric Structures 344.00; CDW Government Inc. 11,686.16; Automatic Building Controls 240.00; Lawson Products Inc. 439.13; Steven Lust Automotive 389.90; MAC’s Inc. 1,450.49; Mattern Diesel Service 160.00; E-ONE Inc. 74.82; Sewer Duck Inc. 150.00; Sanford Health Occupational 8,595.00; Farnams Genuine Parts 376.53; Northern Electric 5,168.62; NSU Workstudy 319.00; CenturyLink 4,318.07; Dakota Supply Group 757.58; Midstates Group 950.56; Avera St. Luke’s Hospital 6,313.23; SHARE Corp. 3,298.19; Fay’s Refrigeration 1,625.33; Sherwin-Williams Co. 189.65; Crawford Trucks & Equipment 452.43; Stan Houston Equipment Inc. 113.75; Town & Country Lumber Inc. 245.99; Western Area Power Adm. 4,172.46; Wright & Sudlow 406.25; Aberdeen Lawn Care 255.00; Baker & Taylor Inc. 144.06; DEMCO Inc. 600.83; GALE/Cengage Learning 273.12; Mission Mgmt. Information 495.09; Fastenal Company 37.16; Blair Scoular 234.00; Banner Associates Inc. 51,090.60; Alison Kusler 42.00; Civil Air Patrol Magazine 245.00; Plumbing & Heating Wholesale 16.03; Olson’s Pest Technicians 400.00; MacQueen Emergency Group 662,968.00; Justin Desens 75.00; Meyers Auto Inc. 40.00; Janene Papendick 183.75; Cassie Mraz 120.00; Tim Reed 2,648.00; Dependable Sanitation 25,675.44; Sarah Suko 80.00; Center Point Large Print 297.21; Western States Fire Protection 800.00; Madeleine Scott 2,613.80; Fordham Signs 218.00; WISP Services LLC 60.00; Newsbank Inc. 4,490.00; Alexis Lafave 52.00; Cartney Bearing Co. 11.74; Zachary Krage 200.00; Caleb Crosby 240.00; Pauer Sound & Music Inc. 50.00; Dawn Menning 45.00; Titan Access Productivity 717.95; Hub City Radio 1,590.00; Executive Management 361.18; Jerry Taylor 30.00; EBSCO Information Services 1,587.79; O’Kennedy Flooring 8,693.00; Beacon Athletics 9,798.00; IP Media Holdings Inc. 470.00; West Payment Center 685.48; Rick’s Heating/Air Conditioning 183.91; Dakota Broadcasting LLC 1,050.00; Jarman’s Water Systems 340.00; Livestock Specialist Inc. 463.71; Cornerstones Career Learning 3,250.00; Northern Valley Communications 1,800.83; MTI Distributing 829.94; Kirk’s Auto 2,881.19; Mike Hluchy 200.00; Footsteps Counseling 180.00; McMaster-Carr Supply Co. 544.39; William Cantalope 303.00; ASL Foundation 865.00; OTIS Elevator Company 1,497.72; Towing Plus 125.00; Joye Ward 80.00; Civic Plus 21,795.88; Robert Braun 176.69; Quill Corp. 65.44; Ken’s Superfair Foods 33.42; LTS Distributing 595.00; O’Reilly Auto Parts 36.79; John Davis 100.00; Century Business Products 211.36; Sanford Health 520.00; Menards Inc. 2,460.50; Taste of Home Books 38.32; Shannon Broderson 152.00; Julie Borr 80.00; Bound Tree Medical LLC 4,439.38; Overdrive Inc. 530.57; Aqua Pure Inc. 2,484.00; Creative Services of New England 443.95; Convention Visitors Bureau 47,024.85; Dakota Fluid Power Inc. 453.65; McQuillen Creative Group Inc. 2,290.00; EZ-Liner 1,413.34; Borns Group 6,787.63; FP Mailing Solutions 135.00; Killoran Trucking & Brokerage 7,003.35; Sara Weischedel 80.00; OCLC Inc. 1,948.72; IMPACT Janitorial 4,081.25; AT & T Cell 2,164.87; John Patzlaff 80.00; Pete 12/23/2021 Page 12 of 111  Lien & Sons Inc. 7,317.91; Tyler Technologies 4,246.90; Ferguson Waterworks 420.90; David’s Lawn & Snow 75.00; Matheson Tri-Gas Inc. 206.93; Rackspace Hosting 1,100.00; SDN Communications 635.00; Commtech Inc. 23,267.71; POMP’s Tire Service 9,455.66; Dept. of AG & Natural Resources 200.00; Van Diest Supply Co. 818.00; Camby’s Pass Inc. 1,232.82; Carlson & Stewart Refrigeration 9,724.33; GALLS Inc. 160.75; Business Improvement District 24,000.00; Sharpe Enterprises Inc. 146,948.99; DSS Image Apparel 1,931.75; Advance Auto Parts 264.15; Jordan Dahme 196.00; Tyson Paulson 100.00; Austin Nath 196.00; Jordan Menken 176.00; Barcodes Inc. LLC 113.75; Ingram Library Services 4,162.82; Vollan Oil Co. 18,840.39; Steve Markley 375.00; Janway Company USA Inc. 464.98; SD State Treasurer 240.00; Plunkett’s Pest Control 230.67; Patricia Brosz 900.00; Sign Solutions USA 395.52; John Kersten 472.50; Randy Murphy 494.00; Tom Suedmeier 228.00; Aberdeen Chrysler Center 260.00; Midwest Tape 221.12; Midcontinent Communications 380.00; Aramark Uniform Service 1,710.48; Newman Traffic Signs 491.74; Morrison Construction 37,077.86; US Bank Corp. 600.00; Curt Fredrickson 255.00; Butler Machinery Co. 2,717.00; JGE Rental Equipment 200.00; C & S Motor Sports/Biegler 647.92; GRAINGER 549.64; Jefferson Partners LP 139.97; The Library Store 149.75; Cooper Animal Clinic PC 135.00; Anne Schroeder 104.00; Crescent Electric Supply 22.95; Country Concrete/Landscaping 1,128.75; My Place Hotel 77.00; Coast to Coast Solutions 801.08; LexisNexis Risk Solutions 150.00; J Gross Equipment 407.94; Makynna Snow 52.00; Christine Stoltenberg 78.00; A-1 Sanitation 545.54; Stryker Sales Corp. 878.82; Aberdeen Area Humane Society 10,800.00; KEI 347.47; Cartridge Center Inc. 517.00; INSPIRE Counseling 60.00; G & R Controls Inc. 49,235.00; Legacy Design Group LLC 1,661.00; Kiesler Police Supply Inc. 1,003.00; Tri-State Water Inc. 60.25; United Parcel Service 357.77; Hardy Rosarians of SD 260.49; Knute Reierson 180.00; Sunbelt Rentals Inc. 10,702.44; Monster City Studios Inc. 5,200.00; Carbon Activated Corp. 44,968.00; TW Enterprises Inc. 2,069.50; Interpoll USA LLC 2,197.72; Spencer Aberle 234.00; Robin Ewalt 105.00; Jarrod Zaruba 200.00; Hub City Roofing Inc. 186.00; CWF Masonry & Construction Inc. 108,140.67; Insurance Plus 1,624.00; Carla Jo Krege 180.00; Daniel Orr 234.00; Luke Bunke 18.00; Office Depot 155.55; Hillyard Sioux Falls 443.21; Hanna Instruments 445.00; Tyler Oliver 234.00; Jackie Witlock 171.60; Megan Kusler 432.00; Target Solutions 5,859.50; Blackstrap Inc. 13,166.94; Autozone 195.40; Runnings Supply Inc. 2,604.78; MES Companies 123.95; Custom Installation Solutions 188.75; Cardcommect 325.00; Triplec Pros Window Cleaning 564.00; Dacotah Paper Co. 211.50; Consolidated Ready Mix Inc. 1,880.00; Glorya Ekstrand 75.00; Madison March 75.00; Noelle Nemmers 75.00; Ava Pickard 75.00; Krista Hadrick 199.26; Josh Ulmer 19.99. Payroll for the period from December 5, 2021 through December 18, 2021 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS 133,833.56; SD Retirement 82,137.14; Governing Body 3,192.28; City Manager 7,959.57; 12/23/2021 Page 13 of 111  City Attorney 7,216.71; Finance 15,230.77; HR 16,046.62, Building 1,797.76 ; Computer 4,838.92; Planning/Zoning 15,752.96; Engineering 13,831.02; Police 139,627.56, Matthew Hovendick $27.12 hr, Dan Kaiser $33.87 hr, Tanner Seaman $27.12 hr; Fire 122,401.63, Mike Eliason $24.20 hr; Housing/Building 6,886.55; Street 32,890.23, Traffic 6,312.25; Solid Waste 27,500.74, Bill Feiock $20.17 hr; Transportation/Ride Line 21,408.86; Library 28,650.09; Parks, Rec & Forestry 91,502.32, Bailey Pietz 13.00 hr, Don Weigel $12.00 hr; Airport 16,725.12; Pipe 25,110.31; Water Treatment 18,741.37; Meter 1,766.72; Water Reclamation 20,793.88; Pump 7,494.68. Roll call vote to approve, all voting aye, with Rux abstaining on a payroll item for Mitchell Rux, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa mentioned that there is a remaining City Council meeting on December 27, 2021 and closures of City Offices on December 24 and 30, 2021 for the holidays. ADJOURNMENT There being no further business, motion by Johnson, second by Rux to adjourn the meeting. Voice vote to adjourn, all voting aye, motion carried. The meeting adjourned at 6:05 p.m. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. 12/23/2021 Page 14 of 111  City of Aberdeen - Request for Council Action December 27, 2021 5 Agenda Section – Consent Calendar - This request for Council Action lists all the items which have been included in the consent agenda for this meeting. The City Council can approve all of the items with a single motion to approve. The Mayor will allow the Council Members an opportunity to state whether there are any of these items which you wish to have removed from the Consent Agenda approval and to have discussed and acted upon separately by the City Council. Items: A. 2022 RETAIL LIQUOR, PACKAGE LIQUOR, AND RETAIL WINE LICENSE RENEWALS FOR VARIOUS BUSINESSES IN THE CITY OF ABERDEEN, SD B. LICENSE – MASTER PLUMBER – JOSEPH POSER C. PLATS 1. BETTMANN ADDITION TO WYLIE PARK ESTATES IN THE CITY OF ABERDEEN IN THE NE ¼, SEC. 11, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (802 WILLOW DRIVE AND 1713 BIRCH DRIVE) 2. LOTS 7B AND 7C, BLOCK 2, DAKOTA ESTATES THIRD SUBDIVISION TO ABERDEEN IN THE SW ¼, SEC. 6, T123N, R63W OF THE 5TH P.M., BROWN COUNTY, SD (1022 – 27TH AVENUE, NE) 3. TWENTIETH ADDITION OF HIGHLAND NORTH ADDITION TO ABERDEEN IN THE NE ¼, SEC. 12, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (605, 609, 701, 715, 723, 809, 815, AND 823 – 15TH AVENUE, NE) 4. ROLLING HILLS VILLAGE EIGHTEENTH ADDITION TO THE CITY OF ABERDEEN IN THE NW ¼, SEC. 14, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (505 PALMER CIRCLE EAST AND 1605 STEWART DRIVE) 5. W & A HANSON ADDITION TO THE CITY OF ABERDEEN IN THE NE ¼, SEC. 24, T123N, R64W OF THE 5TH P.M., BROWN COUNTY, SD (929 SOUTH KLINE STREET) D. LOTTERY NOTICES – ABERDEEN AREA VETERANS INC. - RECEIVE AND PLACE ON FILE E. REPORTS AND MINUTES FROM CITY BOARDS – RECEIVE AND PLACE ON FILE 1. ABERDEEN AIRPORT BOARD MEETING MINUTES 2. ABERDEEN CITY PLANNING COMMISSION MEETING MINUTES 3. BOARD OF ZONING ADJUSTMENT MEETING MINUTES 4. K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES MEETING MINUTES 12/23/2021 Page 15 of 111 12/23/2021 Page 16 of 111 12/23/2021 Page 17 of 111 12/23/2021 Page 18 of 111 12/23/2021 Page 19 of 111 12/23/2021 Page 20 of 111 12/23/2021 Page 21 of 111 12/23/2021 Page 22 of 111 12/23/2021 Page 23 of 111 12/23/2021 Page 24 of 111 12/23/2021 Page 25 of 111 12/23/2021 Page 26 of 111 12/23/2021 Page 27 of 111 12/23/2021 Page 28 of 111 12/23/2021 Page 29 of 111 12/23/2021 Page 30 of 111 12/23/2021 Page 31 of 111 12/23/2021 Page 32 of 111 12/23/2021 Page 33 of 111 12/23/2021 Page 34 of 111 12/23/2021 Page 35 of 111 12/23/2021 Page 36 of 111 12/23/2021 Page 37 of 111  City of Aberdeen Request for Council Action Agenda Item Meeting Date: December 27, 2021 6A Agenda Old Business Originating City Attorney/ Section Dept: Redistricting Commission Ord. / Res. Ordinance No. 21-12-02 Prepared by: City Attorney No. of 2 Presented by: City Attorney Attachments Item: Possible second reading and final adoption of ordinance adjusting council districts boundary descriptions following adoption of redistricting plan. City Manager’s Proposed Action: Motion by _______________, second by ______________ to approve second reading and final adopton of Ordinance No. 21-12-02 adjusting the council districts boundaries in Aberdeen City Code, Sec. 18-38 as described in the Final Redistricting Plan adopted December 6, 2021. Overview: The proposed ordinance amends the council districts boundary descriptions at Sec. 18-38 consistent with the Final Redistricting Plan adopted on December 6, 2021. The Final Redistricting Plan moves the eastern boundary of the Northwest District from Main Street South to State Street South, and the eastern boundary of the Southwest District from Washington Street South to Kline Street South. The Redistricting Commission recommends the districts boundary descriptions set forth in Aberdeen City Code, Sec. 18- 38 be amended to match the descriptions in the redistricting plan. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 21-12-02 2. Report On Final Redistricting Plan adopted 12-6-21 12/23/2021 Page 38 of 111 First Reading: December 20, 2021 Second Reading: [December 27, 2021] Final Adoption: [December 27, 2021] Published: Effective Date: ORDINANCE NO. 21-12-02 AN ORDINANCE AMENDING THE ABERDEEN CITY CODE TO ADJUST CITY COUNCIL DISTRICT BOUNDARIES FOLLOWING ADOPTION OF REDISTRICTING PLAN WHEREAS, Sec. 6.03 of the Aberdeen Home Rule Charter promotes healthy self-governance by requiring the redrawing of districts for the election of council members following each decennial census; and WHEREAS, the City Council created a Redistricting Commission on September 7, 2021, to redraw council districts as a result of the 2020 decennial census; and WHEREAS, the Redistricting Commission fulfilled its duties under Sec. 6.03 and submitted to the Council its final redistricting plan on November 19, 2021, which plan included a map and description of the districts; and WHEREAS, the final redistricting plan was adopted by the City Council on December 6, 2021; and WHEREAS, the adopted redistricting plan adjusts the four council districts as set forth in the official map provided therewith, which adjusted boundary descriptions are no longer accurately set forth in Aberdeen City Code, Sec. 18-38; and WHEREAS, the City Council has determined that the following ordinance shall be enacted to accurately describe the adjusted city council districts. BE IT ORDAINED BY THE CITY OF ABERDEEN, SD, THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Section 18-38 of Chapter 18 – ELECTIONS, is hereby amended with strikethrough indicating text to be deleted and underscore indicating text to be added: 12/23/2021 Page 39 of 111 Sec. 18-38. City divided into council districts. The city is hereby divided into four city council districts as follows: (1) Northwest District. All that part of the city within the area beginning at the prolongation of North State Street at the city limit boundaries, thence Westerly along the city limit boundary to the Northwestern most corner of the city limits; thence Southerly along the city limit boundary to the centerline of US Highway 12/6th Avenue Southwest, thence East along 6th Avenue Southwest to the intersection of 6th Avenue and South Main Street, thence North on Main Street to the Main Track of the Burlington Northern Santa Fe Railroad, thence East along the Main Track of the Burlington Northern Santa Fe Railroad to the centerline of State Street, thence North to the point of beginning. (2) Southwest District. All that part of the city within the area beginning at the intersection of the centerline of US Highway 12/6th Avenue Southwest and the Western boundary of the city limits, thence Southerly along the city limit boundary to the Southwestern most point of the city, thence Easterly and Northerly along the city limit boundary to Melgaard Road Southwest, thence Easterly along the city limit boundary to the intersection of Melgaard Road Southeast and South Lloyd Street, thence North along the prolongation of South Lloyd Street to the centerline of 12th Avenue Southeast, thence West along the centerline of 12th Avenue Southeast to the intersection of KlineWashington Street South, thence North along the centerline of KlineWashington Street South to the intersection of 6th Avenue Southeast, thence West along the centerline of 6th Avenue South to the point of beginning. (3) Southeast District. All that part of the city within the area beginning at the intersection of the Main Track of the Burlington Northern Santa Fe Railroad and Roosevelt Street, thence South along the centerline of Roosevelt Street to 3rd Avenue Southeast, thence West along the centerline of 3rd Avenue Southeast to Moccasin Creek, thence Southwesterly along Moccasin Creek to the intersection of 6th Avenue Southeast, thence West along the centerline of 6th Avenue Southeast to the intersection of KlineWashington Street South, thence South along the centerline of KlineWashington Street South to 12th Avenue Southeast, thence East along the centerline of 12th Avenue Southeast to South Lloyd Street, thence south along the centerline of the prolongation of South Lloyd Street to Melgaard Road Southeast, thence Easterly and Southerly along the city limit boundaries to the Southern boundary of the city limits, thence East along the Southern boundary of the city limits to the Southeastern most pointintersection of the city limits boundaryand 392nd Avenue, thence Northerly along the Eastern border of the city limits to the centerline of the Main Track of the Burlington Northern Santa Fe Railroad, thence West along the Main Track of the Burlington Northern Santa Fe Railroad to the point of beginning. (4) Northeast District. All that part of the city within the area beginning at the intersection of the prolongation of North State Street and the city limit boundary, thence South along the centerline of State Street to the centerline of the Main Track of the Burlington Northern Santa Fe Railroad, thence West along the Main Track of the Burlington Northern Santa Fe Railroad to Main Street, thence South along the centerline of Main Street to 6th Avenue Southeast, thence East along 12/23/2021 Page 40 of 111  6th Avenue Southeast to Moccasin Creek, thence Northeasterly along Moccasin Creek to 3rd Avenue Southeast, thence East along 3rd Avenue Southeast to Roosevelt Street, thence North on Roosevelt Street to the centerline of the Main Track of the Burlington Northern Santa Fe Railroad, thence East along the Main Track of the Burlington Northern Santa Fe Railroad to the Eastern most point of the city limitsintersection of 391st Avenue, thence North along the Eastern boundary of the city limits to the Northeastern most point of the city limits boundaryintersection of 391st Avenue and 131st Street, thence Westerly along the Northern boundary of the city limits to the point of beginning. 2. Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. 3. Effective Date. The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein. This ordinance shall become effective twenty (20) days after the completed publication, unless the referendum is invoked. First Reading: December 20, 2021 Second Reading: [December 27, 2021] Final Adoption: [December 27, 2021] Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 12/23/2021 Page 41 of 111  Members Josh VanLaecken, Chairperson David Bunsness Kara Fordham Troy McQuillen Kristan Morris REDISTRICTING COMMISSION REPORT ON FINAL REDISTRICTING PLAN TO THE HONORABLE MAYOR AND COUNCILMEMBERS OF THE ABERDEEN CITY COUNCIL: The Aberdeen Home Rule Charter promotes healthy municipal self-governance by requiring at Sec. 6.03 the redrawing of districts for the election of council members following each decennial census. The City Council created this Redistricting Commission on September 7, 2021, to redraw council districts as a result of the 2020 decennial census. The Redistricting Commission at its meeting of October 4, 2021, elected Josh VanLaecken as its fifth member and Chairperson, and approved a proposed redistricting plan with a map of the redrawn council districts. The Commission is required by Sec. 6.03 to make its plan available to the public for inspection and comment not less than thirty (30) days before its public hearing. The proposed plan and map were posted to the City’s website on October 6, 2021, and a notice of public hearing was published in the official newspaper on October 13, 2021. The Commission convened a meeting on November 18, 2021, and held a public hearing to receive public comments on the plan. I. FINAL REDISTRICTING PLAN Following the public hearing on the proposed redistricting plan, the Redistricting Commission approved a Final Redistricting Plan for dividing the city into districts for the election of council members pursuant to the provisions and procedures set forth in Sec. 12/23/2021 Page 42 of 111 6.03. Included with this Report on the Final Redistricting Plan are a map attached hereto as Exhibit A and a description of the districts recommended. The 2020 decennial census determined the total population of the City of Aberdeen to be 28,495 persons, which averages to a population of 7,124 people per council district. The City had a population growth of 9.2% from 2010 when its population was 26,091. After applying, to the extent practicable, those criteria set forth in Sec. 6.03(d)1, the Final Redistricting Plan equalizes the populations in the four council districts within the acceptable deviation percentage of not more than five percent of the average district population. An acceptable deviation, therefore, cannot exceed 365 people in any district. Table 1 below reflects the deviation percentages for the current districts and the deviation percentages and population adjustments after redrawing the districts: Table 1 Population Deviation Population Deviation Population Deviation Council Percentage After Percentage Of Current From Per Districts Of Current Districts After Districts Districts† District Districts* Redrawn† Redrawn* Average† Northwest 6,412 9.99 % 6,981 - 143 2.01 % Southwest 6,648 6.68 % 7,148 + 24 0.34 % Southeast 7,646 7.33 % 7,146 + 22 0.31 % Northeast 7,789 9.33 % 7,220 + 96 1.35 % Total 28,495 28,495 † Per district average population target is 7,124 people. * Deviation percentage must be within 5% of the average district population of 7,124. The Commission noted the stronger population growth in the eastern districts. To achieve an average population per district within the acceptable deviation, the Final Redistricting Plan adjusted the map and district boundary descriptions by moving the 1 (1) Districts shall be equal in population except where deviation from equality result from the application of the provisions hereinafter set forth, but no such deviation may exceed five (5) percent of the average population for all city council districts according to the figures available from the most recent census. (2) Districts shall consist of contiguous territory. (3) No voting precinct (as set by the counties) shall be divided in the formation of districts. (4) The number of districts which include territory in more than one (1) county shall be as few as possible. (5) Consistent with the foregoing provisions, the aggregate length of all district boundaries shall be as short as possible. 12/23/2021 Page 43 of 111 eastern boundary of the NW District from Main Street South to State Street South, and the eastern boundary of the SW District from Washington Street South to Kline Street South. The adjustment of the NW District boundaries moved 569 people from the NE District to the NW District. The adjustment of the SW District boundaries moved 500 people from the SE District to the SW District. The purpose of redistricting is to address “malapportionment,” which is a violation of the 14th Amendment’s right to equality of voting power – the one-person, one-vote rule. Malapportionment occurs when populations between two districts are so disproportionate as to create an impermissible imbalance in the relative power of one voter from that of a voter in another district. With this in mind, the Charter at Sec. 6.03(c)(1) assumes malapportionment probably exists among council districts if the City’s population increases more than 15% from the last redistricting. Malapportionment may also exist under federal law by adoption of a redistricting plan where the total deviation between the least underpopulated district and the most overpopulated district exceeds 10%.2 The 2020 census revealed malapportionment exists by the present district boundaries because the population difference between the least-populated NW District and the most-populated NE District is 1,377 people, or a total deviation of 19.33% from the ideal district of 7,124. But the adjusted boundaries of the Final Redistricting Plan reduce the margin between the least populated district (NW District) and the most populated district (NE District) to only 239 people. Thus, the percentage by which the most overpopulated district and the most underpopulated district deviate from the ideal district number is a mere 3.36% – well within the acceptable total deviation for constitutional apportionment. The adjusted district boundaries are contiguous and have an aggregate length as short as possible but divide Brown County Voting Precincts 4 and 5. The Commission consulted Brown County Auditor, Cathy McNickle, regarding issues such a division may pose with her office. Auditor McNickle expressed no opposition to the proposed division of those voting precincts and agreed that the adjusted districts would not hamper the Auditor’s implementation of election and voter registration procedures. 2 Evenwel v. Abbott, 136 S.Ct. 1120, 1124 (2016) (“States must draw congressional districts with populations as close to perfect equality as possible. See Kirkpatrick v. Preisler, 394 U.S. 526, 530-531 (1969). But, when drawing state and local legislative districts, jurisdictions are permitted to deviate somewhat from perfect population equality to accommodate traditional districting objectives, among them, preserving the integrity of political subdivisions, maintaining communities of interest, and creating geographic compactness. See Brown v. Thomson, 462 U.S. 835, 842-843 (1983). Where the maximum population deviation between the largest and smallest district is less than 10%, the Court has held, a state or local legislative map presumptively complies with the one-person, one-vote rule. Maximum deviations above 10% are presumptively impermissible.”). 12/23/2021 Page 44 of 111 II. MAP OF REDRAWN COUNCIL DISTRICTS The Redistricting Commission fulfilled its duties under Sec. 6.03 in redrawing the four council districts as represented by the map set forth in Exhibit A. This map, if adopted, shall be the official map of the council districts. III. DESCRIPTION OF RECOMMENDED DISTRICTS The Redistricting Commission recommends that the district boundary descriptions set forth in Aberdeen City Code, Sec. 18-38 be amended as follows with strikethrough indicating text to be deleted and underscore indicating text to be added: (1) Northwest District. All that part of the city within the area beginning at the prolongation of North State Street at the city limit boundaries, thence Westerly along the city limit boundary to the Northwestern most corner of the city limits; thence Southerly along the city limit boundary to the centerline of US Highway 12/6th Avenue Southwest, thence East along 6th Avenue Southwest to the intersection of 6th Avenue and South Main Street, thence North on Main Street to the Main Track of the Burlington Northern Santa Fe Railroad, thence East along the Main Track of the Burlington Northern Santa Fe Railroad to the centerline of State Street, thence North to the point of beginning. (2) Southwest District. All that part of the city within the area beginning at the intersection of the centerline of US Highway 12/6th Avenue Southwest and the western boundary of the city limits, thence Southerly along the city limit boundary to the Southwestern most point of the city, thence Easterly and Northerly along the city limit boundary to Melgaard Road Southwest, thence Easterly along the city limit boundary to the intersection of Melgaard Road Southeast and South Lloyd Street, thence North along the prolongation of South Lloyd Street to the centerline of 12th Avenue Southeast, thence West along the centerline of 12th Avenue Southeast to the intersection of Kline Washington Street South, thence North along the centerline of Kline Washington Street South to the intersection of 6th Avenue Southeast, thence West along the centerline of 6th Avenue South to the point of beginning. (3) Southeast District. All that part of the city within the area beginning at the intersection of the Main Track of the Burlington Northern Santa Fe Railroad and Roosevelt Street, thence South along the centerline of Roosevelt Street to 3rd Avenue Southeast, thence West along the centerline of 3rd Avenue Southeast to Moccasin Creek, thence Southwesterly along 12/23/2021 Page 45 of 111  Moccasin Creek to the intersection of 6th Avenue Southeast, thence West along the centerline of 6th Avenue Southeast to the intersection of Kline Washington Street South, thence South along the centerline of Kline Washington Street South to 12th Avenue Southeast, thence East along the centerline of 12th Avenue Southeast to South Lloyd Street, thence south along the centerline of the prolongation of South Lloyd Street to Melgaard Road Southeast, thence Easterly and Southerly along the city limit boundaries to the Southern boundary of the city limits, thence East along the Southern boundary of the city limits to the Southeastern most point intersection of the city limits boundary and 392nd Avenue, thence Northerly along the Eastern border of the city limits to the centerline of the Main Track of the Burlington Northern Santa Fe Railroad, thence West along the Main Track of the Burlington Northern Santa Fe Railroad to the point of beginning. (4) Northeast District. All that part of the city within the area beginning at the intersection of the prolongation of North State Street and the city limit boundary, thence South along the centerline of State Street to the centerline of the Main Track of the Burlington Northern Santa Fe Railroad, thence West along the Main Track of the Burlington Northern Santa Fe Railroad to Main Street, thence South along the centerline of Main Street to 6th Avenue Southeast, thence East along 6th Avenue Southeast to Moccasin Creek, thence Northeasterly along Moccasin Creek to 3rd Avenue Southeast, thence East along 3rd Avenue Southeast to Roosevelt Street, thence North on Roosevelt Street to the centerline of the Main Track of the Burlington Northern Santa Fe Railroad, thence East along the Main Track of the Burlington Northern Santa Fe Railroad to the Eastern most point of the city limits intersection of 391st Avenue, thence North along the Eastern boundary of the city limits to the Northeastern most point of the city limits boundary intersection of 391st Avenue and 131st Street, thence Westerly along the Northern boundary of the city limits to the point of beginning. IV. PLAN ADOPTION The Redistricting Commission respectfully submits its Report On Final Redistricting Plan to the Aberdeen City Council as of the date certified by the Clerk below. Sec. 6.03(c)(5) provides that the Final Redistricting Plan shall be deemed adopted by the City Council within 21 days of its submission unless disapproved by a vote of the majority of all members of the City Council. If the City Council disapproves the Final Redistricting Plan, it shall return the plan to the Redistricting Commission with its objections, and with the objections of individual members of the Council. 12/23/2021 Page 46 of 111  Dated at Aberdeen, South Dakota, this I day of November, 2021. REDISTRICTING COMMISSION 16sh VanLaecken, Chairperson Kristan Morris CERTIFICATE OF TRANSMISSION The undersigned,yp cling as Clerk for the Redistricting Commission, hereby certifies that on the t7 day of November, 2021, a true, correct, and complete copy of the above Report On Final Redistricting Plan was submitted to all members of the Aberdeen City Council by electronic mail transmission upon: Travis Schaunaman - Mayor: travis.schaunaman@aberdeen.sd.us Alan Johnson: alan.johnson@aberdeen.sd.us Tiffany Langer: tiffany.langer@aberdeen.sd.us Dave Lunzman: dave.lunzman@aberdeen.sd.us Mark Remily: marksemily@aberdeen.sd.us Josh Rife: josh.rife@aberdeen.sd.us Justin Reinbold: justin.reinbold@aberdeen.sd.us Rob Ronayne: robsonayne@aberdeen.sd.us Clint Rux: clint.rux@aberdeen.sd.us Ronald A. Wig--er, Cit ttomey 12/23/2021 Page 47 of 111 Page 6 of 6  Aberdeen City Council Districts 2020 Population 28,495 µ Roads city Northeast Northwest Southeast Southwest 12/23/2021 Exhibit A to Report on Final Redistricting Page 48 of 111 Plan  6B 12/23/2021 Page 49 of 111 12/23/2021 Page 50 of 111 12/23/2021 Page 51 of 111 12/23/2021 Page 52 of 111 12/23/2021 Page 53 of 111 12/23/2021 Page 54 of 111 12/23/2021 Page 55 of 111 12/23/2021 Page 56 of 111  6C 12/23/2021 Page 57 of 111 12/23/2021 Page 58 of 111 12/23/2021 Page 59 of 111  7A XXXX 12/23/2021 Page 60 of 111 12/23/2021 Page 61 of 111 12/23/2021 Page 62 of 111 12/23/2021 Page 63 of 111 12/23/2021 Page 64 of 111 12/23/2021 Page 65 of 111  7B 12/23/2021 Page 66 of 111 12/23/2021 Page 67 of 111  7C 12/23/2021 Page 68 of 111 12/23/2021 Page 69 of 111  7D 12/23/2021 Page 70 of 111 12/23/2021 Page 71 of 111 12/23/2021 Page 72 of 111 12/23/2021 Page 73 of 111  7E 12/23/2021 Page 74 of 111  7F 12/23/2021 Page 75 of 111 12/23/2021 Page 76 of 111  8A 12/23/2021 Page 77 of 111 12/23/2021 Page 78 of 111 12/23/2021 Page 79 of 111 12/23/2021 Page 80 of 111 12/23/2021 Page 81 of 111 12/23/2021 Page 82 of 111 12/23/2021 Page 83 of 111 12/23/2021 Page 84 of 111 12/23/2021 Page 85 of 111 12/23/2021 Page 86 of 111 12/23/2021 Page 87 of 111 12/23/2021 Page 88 of 111 12/23/2021 Page 89 of 111 12/23/2021 Page 90 of 111 12/23/2021 Page 91 of 111 12/23/2021 Page 92 of 111 12/23/2021 Page 93 of 111 12/23/2021 Page 94 of 111 12/23/2021 Page 95 of 111 12/23/2021 Page 96 of 111 12/23/2021 Page 97 of 111 12/23/2021 Page 98 of 111 12/23/2021 Page 99 of 111 12/23/2021 Page 100 of 111 12/23/2021 Page 101 of 111 12/23/2021 Page 102 of 111 12/23/2021 Page 103 of 111 12/23/2021 Page 104 of 111 12/23/2021 Page 105 of 111 12/23/2021 Page 106 of 111 12/23/2021 Page 107 of 111 12/23/2021 Page 108 of 111 12/23/2021 Page 109 of 111 12/23/2021 Page 110 of 111 12/23/2021 Page 111 of 111