Aberdeen City Council

18131 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, April 25, 2022 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 Mark Remily, Dave Lunzman, Josh Rife, Justin Reinbold, Clint Rux, and Mayor Travis Schaunaman. City Council Members Rob Ronayne, Alan Johnson, and Tiffany Langer were absent. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Jordan McQuillen, Tanner Jondahl, Joel Weig, and Mark Hoven. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Motion by Lunzman, second by Rux to approve the agenda. Voice vote to approve, all present voting aye, motion carried. MINUTES Mayor Schaunaman presented an amendment to the minutes of the April 18, 2022 City Council Meeting as follows: BID FOR HIGH PRESSURE SEWER CLEANER AND VACUUM EXTRACTOR FOR PUBLIC WORKS DEPARTMENT – UTILITY DIVISION – City Enginner Robin Bobzien requested approval to award the bid for the High Pressure Sewer Cleaner and Vacuum Extractor for the Public Works Department – Utility Division to Flexible Pipe Tool in the amount of $316,796.00 and declare surplus a 2014 High Pressure Sewer Cleaner and Vacuum Extractor for trade in to Flexible Pipe Tool. Motion by Ronayne, second by Johnson to award the bid for the High Pressure Sewer Cleaner and Vacuum Extractor to Flexible Pipe Tool in the amount of $316,796.00, to declare surplus a 2014 High Pressure Sewer Cleaner and Vacuum Extractor for trade in to Flexible Pipe Tool, and authorize the City Manager and Finance Officer to sign all necessary documents after approval by the City Attorney. Roll call vote to approve, all voting aye, motion carried. Motion by Reinbold, second by Rux to approve the amendment to the minutes of the April 18, 2022 City Council Meeting. 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 Rux, second by Reinbold to approve the following items on the consent calendar: LICENSES – Home Day Care Operator – Brittany Fehr; Residential Building Contractor –  18132 Timothy Kleinsasser; Residential Building Contractor – Kevin Boshard PLATS – 1) Circus Bar First Addition to the City of Aberdeen in the SW¼ of Sec. 13, T123N, R64W of the 5th P.M., Brown County, South Dakota (14 and 16 Third Avenue, SE); 2) Seitz Eagle First Addition to the City of Aberdeen in the NW¼ of Sec. 23, T123N, R64W of the 5th P.M., Brown County, South Dakota (1401 and 1423 Sixth Avenue, SW) REQUEST FOR COMMUNITY EVENT PERMIT – for Northern State University’s “Wolves Triathlon” on May 1, 2022 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 PROCLAMATION – “Arbor Day” on April 29, 2022 Voice vote to approve, all present voting aye, motion carried. OLD BUSINESS ORDINANCE NO. 22-04-06 Motion by Rife, second by Remily to approve second reading and final adoption of Ordinance No. 22-04-06 prohibiting chronic nuisances and criminal activity public nuisances. Roll call vote to approve, all present voting aye, motion carried. ORDINANCE NO. 22-04-07 City Attorney Ron Wager presented Ordinance No. 22-04-07 regarding alcoholic beverages in parks and recreation facilities for second reading and final adoption. Wager explained that the Park Board conducted a work session last week to discuss an alcohol policy and it was determined that the Council should delete references to dog parks in an area where alcohol is prohibited in Sec. 36-62 of the ordinance. Wager asked the Council to approve and amend Sec. 36-62 of the ordinance deleting references to dog parks and to renumber subsections thereafter. Also, Wager informed the Council that the changes would not be a substantial alteration to the substance of the ordinance. Motion by Rux, second by Remily to remove references to dog parks in Sec. 36-62 of the ordinance and approve second reading and final adoption of the amended language in Ordinance No. 22-04-07 as recommended by the City Attorney. Roll call vote to approve, all present voting aye, motion carried. NEW BUSINESS PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 22-04-01 Mayor Schaunaman opened a hearing on first reading of Ordinance No. 22-04-01 modifying the procedure to amend Chapter 60 – ZONING. City Attorney Ron Wager explained that the proposed ordinance addresses three changes to existing procedures to amend the zoning regulations of the City Code to comply with changes to state law: 1) the three-week publication notice requirement at Sec. 60-286(b) is not required at SDCL §11-4-4,  18133 only one publication notice requirement; 2) to adjust Sec. 60-287 (Petitions for amendments) to conform with SDCL §11-4-9; and 3) to adjust Sec. 60-288 (Protest) to conform with SDCL §11-4-5. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Reinbold, second by Rux to approve first reading of Ordinance No. 22- 04-01 modifying the procedure to amend Chapter 60 – ZONING of the Aberdeen City Code to comply with South Dakota law. Roll call vote to approve, all present voting aye, motion carried. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 22-04-02 Mayor Schaunaman opened a hearing on first reading of Ordinance No. 22-04-02 transferring the Planning Commission to Chapter 60 – ZONING. City Attorney Ron Wager asked for approval of the ordinance in an effort to centralize all zoning matters to Chapter 60 – ZONING and to transfer the sections at Chapter 2 – ADMINISTRATION establishing the Planning and Zoning Commission. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Remily, second by Rux to approve first reading of Ordinance No. 22-04-02 transferring and renumbering regulations establishing and governing the Planning and Zoning Commission from Chapter 2 – ADMINISTRATION, to Chapter 60 – ZONING of the Aberdeen City Code. Roll call vote to approve, all present voting aye, motion carried. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 22-04-03 Mayor Schaunaman opened a hearing on the first reading of Ordinance No. 22-04-03 to rezone property described as ADC 2019-1 First Subdivision to the City of Aberdeen in the NE¼ of Sec. 16, T123N, R63W of the 5th P.M., Brown County, South Dakota (4811 Maloney Avenue, NE) from (I-2) Unrestricted Industrial District to (M) Municipal, State, and County Use District. City Planning/Zoning Director Brett Bill said that the City of Aberdeen is requesting to rezone the property to comply with its current use as a city owned drainage lot. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Rux, second by Rife to approve first reading of Ordinance No. 22-04-03 to rezone the property as requested. Roll call vote to approve, all present voting aye, motion carried. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 22-04-04 Mayor Schaunaman opened a hearing on the first reading of Ordinance No. 22-04-04 to rezone property described as Wetland Lot A and Wetland Lot B, Aberdeen Industrial Park East Addition to Aberdeen, in the NE¼ of Sec. 16, T123N, R63W of the 5th P.M., Brown County, South Dakota (4705 and 4710 Capital Avenue, NE) from (I-2) Unrestricted Industrial District to (M) Municipal, State, and County Use District. City Planning/Zoning Director Brett Bill said that the City of Aberdeen is requesting to rezone the property to bring two separate lots into compliance with their current use as city owned drainage lots. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Lunzman, second by Rux to approve first reading of Ordinance No. 22-04-04 to rezone the  18134 property as requested. Roll call vote to approve, all present voting aye, motion carried. PUBLIC HEARING AND FIRST READING OF ORDINANCE NO. 22-04-05 Mayor Schaunaman opened a hearing on first reading of Ordinance No. 22-04-05 to rezone property described as Lot 1, Safeguard/ADC Subdivision in Aberdeen in the NE¼ of Sec. 17, T123N, R63W of the 5th P.M., Brown County, South Dakota (2830 Industrial Avenue, NE) from (I-2) Unrestricted Industrial District to (M) Municipal, State, and County Use District. City Planning/Zoning Director Brett Bill said that the City of Aberdeen is requesting to rezone the property to bring it into a district that will allow for a variety of municipal uses without exception. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Lunzman, second by Rux to approve first reading of Ordinance No. 22-04-05 to rezone property as requested. Roll call vote to approve, all present voting aye, motion carried. PUBLIC HEARING AND APPROVAL OF RESOLUTION NO. 22-04-02R FOR ANNEXATION OF PROPERTY INTO THE CITY LIMITS Mayor Schaunaman opened a hearing on a proposed Resolution No. 22-04-02R for annexation of certain property into the city limits commencing at the SE property corner of Lot 2, Prairie’s Edge Seventh Addition, the point of beginning, thence S. 43 degrees, 46 feet, 19 inches E., a distance of 178 feet; thence S. 89 degrees, 20 feet, 41 inches W., a distance of 243.84 feet; thence N. 42 degrees, 34 feet, 59 inches E., a distance of 178.35 feet, back to the point of beginning, containing 0.36 acres more or less (East of 2618 Water View Drive) for Rivett Family Trust. City Planning/Zoning Director Brett Bill said that the intention of the annexation is to transfer ownership of the property and plat it into the existing lot at 2618 Water View Drive. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Rux, second by Lunzman to approve Resolution No. 22-04-02R for annexation of the described property into the city limits of Aberdeen. Roll call vote to approve, all present voting aye, number of ayes 6, number of nays 0, members abstaining 0, motion carried. PRESENTATION OF QUARTERLY REPORT FOR ABERDEEN DOWNTOWN ASSOCIATION Shelley Westra-Heier, Executive Director of the Aberdeen Downtown Association, presented the quarterly activities report for the Aberdeen Downtown Association. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Rux, second by Rife to approve payment of the bills listed for April 25, 2022 and payroll for the period from April 10, 2022 through April 23, 2022. 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: Ken Dohn 37.70; Healthcare Plus Credit 21.46; Alina Becker 27.27; RSR, LLC 116.30; Tiffany Ewing 20.00; Northwestern Energy 150,000.00; Northern  18135 Electric 7,000.00; Aberdeen Development Corp. 15,000.00; Best Western Ramkota 384.00; MARCO Technologies 97.92; RDO Equipment Co. 890.90; Brown County Landfill 17,786.66; IDEXX Distribution Inc. 1,093.89; Aberdeen News 3,622.12; Hawkins Inc. 6,480.00; Cole Papers Inc. 763.59; Graham Tire Co. 16.20; Direct Automation LLC 1,636.53; Auto Value Parts/Hedahls 5,059.86; Nelson Sales & Service LLC 559.99; Kesslers Inc. 68.54; Lawson Products Inc. 468.75; Michael Todd & Co. Inc. 7,484.24; Pantorium 16.59; Dakota Supply Group 856.26; Graymont LLC 8,784.70; Midstates Group 45.00; SHARE Corp. 3,247.80; Crawford Trucks & Equipment 35,739.99; Western Area Power Adm. 4,884.94; Diesel Machinery Inc. 310.73; Fastenal Company 190.68; McDonalds 700.00; Olson’s Pest Technicians 400.00; Dependable Sanitation 237.00; Tanner Jondahl 117.01; Titan Access Productivity 339.94; Automationdirect.com Inc. 395.25; NVC 351.00; Ken’s Superfair Foods 129.52; Menards Inc. 1,393.33; American Ramp Company 2,621.98; Aqua Pure Inc. 8,088.64; Dakota Fluid Power Inc. 209.55; EZ-Liner 1,436.04; Killoran Trucking & Brokerage 7,686.35; ATCO International 651.00; Matheson Tri-Gas Inc. 137.45; POMP’s Tire Service 63.95; Lou’s Gloves Inc. 664.00; Advance Auto Parts 57.12; Jordan Brooks 101.00; Gregory Brooks 127.00; Vollan Oil Co. 13,925.80; Midcontinent Communications 115.42; ARAMARK Uniform Service 240.75; Butler Machinery Co. 17.77; Michael Thomle 112.00; Geffdog Designs 2,016.38; Crescent Electric Supply 78.42; J Gross Equipment 273.19; Linde Gas & Equipment Inc. 8,178.82; G & R Controls Inc. 2,750.00; Guardian Life Ins. Co. 935.94; United Parcel Service 62.19; NAPA Central 115.30; Midland Scientific Inc. 856.86; ISI, LLC 1,792.80; James Valley Coop Tele Co. 41.94; Northern Plains Psych 120.00; MAC Tools/D & D Distributing LLC 45.00; Office Depot 218.49; Autozone 17.81; Runnings Supply Inc. 585.32; Interstate Battery 23.95; MES Companies 2,518.00; Gary’s Engine & Repair Inc. 126.27; Frontier Precision Inc. 1,756.00. Payroll for the period from April 10, 2022 through April 23, 2022 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS 152,032.08; SD Retirement 85,062.56; Governing Body 3,351.93; City Manager 8,345.64; City Attorney 7,348.80; Finance 11,321.08; HR 8,080.60, Building 1,887.37; Computer 5,094.86; Planning/Zoning 16,499.35; Engineering 14,913.36; Police 144,251.52, Dylan Thiel 25.18 hr, Fire 121,488.90, Brooks Gilbert 16.30 hr; Housing/Building 7,233.75; Street 37,815.62, Traffic 5,917.60; Solid Waste 25,893.97; Transportation/Ride Line 19,492.72; Library 38,015.38, Ranata Brunson 11.00 hr; Parks, Rec & Forestry 97,447.98, Sydney Kamin 11.25 hr, Jayden Mielke 11.25 hr, Alana Moeller 11.00 hr, Madison Weig 11.25 hr; Airport 16,941.85; Pipe 28,490.77; Water Treatment 21,159.49; Meter 1,780.80; Water Reclamation 22,369.84; Pump 8,474.00. Roll call vote to approve, all present voting aye, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa spoke about the Fire Department’s Annual Report, the  18136 Chamber’s hosting of a Candidate Forum at the Library, April 28, 2022 at 5:30 p.m., and gave employee recognitions to Eric Miller, five-years of service with the Planning/Zoning Department and Geoff Stoltenburg, five-years of service with the Fire/Rescue Department. OTHER Fire Chief Joel Weig answered questions from the Council regarding the Fire Department’s Annual Report. ADJOURNMENT There being no further business, motion by Rux, second by Reinbold to adjourn the meeting. Voice vote to adjourn, all voting aye, motion carried. The meeting adjourned at 6:07 p.m. Prepared by Mary Campton for the Finance Office. /s/ Jordan McQuillen, Finance Officer.