Aberdeen City Council

18191 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, July 18, 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 Rob Ronayne, Erin Fouberg, Charlotte Liebelt, Josh Rife, Alan Johnson, Justin Reinbold, Tiffany Langer, David Novstrup by teleconference, and Mayor Travis Schaunaman. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Ken Hubbart, Jordan McQuillen, Dave McNeil, Joel Weig, and Rich Krokel. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Motion by Rife, second by Reinbold to approve the agenda. Voice vote to approve, all voting aye, motion carried. MINUTES Motion by Fouberg, second by Ronayne to approve the minutes of the July 5, 2022 City Council Meeting, as circulated. Voice vote to approve, all voting aye, motion carried. OPEN FORUM No one appeared in open forum to address the Council. CONSENT CALENDAR Motion by Ronayne, second by Reinbold to approve the following items on the consent calendar: SET HEARING DATE – of August 1, 2022 at 5:30 p.m. for the following – Transfer of Retail On-Sale Liquor-Restaurant License (RR-27451) from Stacy J. Gossman dba Scotty’s Tavern and Burgers, 719 North Main Street to Eagle River LLC dba Mulligans Sports Bar & Casino, 715 North 10th Street; Transfer of Retail On-Sale Liquor License (RL-5404) from Eagle River LLC dba Mulligans Sports Bar & Casino, 715 North 10th Street to 5-Star Management LLC dba 719 North Main Street RENEWALS OF RETAIL ON-OFF SALE MALT BEVERAGE AND SD FARM WINE LICENSES FOR JULY 1, 2022 – JUNE 30, 2023 – MML Karisma LLC dba Karisma Boutique, 305 South Main Street; G & T Gaming, Inc. dba Dakota Players Club, 1715 – 6th Avenue, SE (A); G & T Gaming, Inc. dba Jokers Wild Casino, 1715 – 6th Avenue, SE (B) LICENSES – Residential Building Contractor – Glenn Hoekman; Taxi Cab Driver – Jennifer Warren REQUEST FOR STREET USE – Block off west entrance into parking lot on 5th Avenue and South Lincoln Street for the First United Methodist Church’s Outdoor Movie Night on July  18192 23, 2022. LOTTERY NOTICE – Aberdeen Central Athletic Booster Club – receive and place on file Voice vote to approve, all voting aye, motion carried. NEW BUSINESS PUBLIC HEARING AND APPROVAL OF RESOLUTION NO. 22-07-01R TO VACATE PUBLIC RIGHT-OF-WAY Mayor Schaunaman opened a hearing on a petition from Lee Park Storage, LLC to vacate the public right-of-way described as the North 25 feet of the West 33.97 feet of Olive Drive public right-of-way adjacent to Lot B2, Village Bowl First Addition to the City of Aberdeen in the SW¼ of Sec. 11, T123N, R64W of the 5th P.M., Brown County, South Dakota (1021 Olive Drive – South end of Lee Park parking lot). City Planner Ken Hubbart explained that the petitioner submitted the petition to vacate unused public right-of-way with the intention to combine it with their adjacent property currently being developed. Motion by Johnson, second by Liebelt to approve of Resolution No. 22-07-01R to vacate the public right-of-way as requested. Roll call vote to approve, Ronayne, Fouberg, Liebelt, Rife, Johnson, Reinbold, Langer, Novstrup, and Mayor Schaunaman voting aye, number of ayes 9, number of nays 0, members abstaining 0, motion carried. RESOLUTION NO. 22-07-01R RESOLUTION TO VACATE PUBLIC RIGHT-OF-WAY BE ITS RESOLVED, by the City Council of Aberdeen, Brown County, South Dakota, that the petition to vacate the public right-of-way, filed by Lee Park Storage LLC, is hereby granted and the public right-of-way is hereby vacated for the following described area: The North 25 feet of the West 33.97 feet of Olive Drive Public Right-Of-Way adjacent to Lot B2, Village Bowl First Addition to the City of Aberdeen in the SW¼ of Sec. 11, T123N, R64W of the 5th P.M., Brown County, South Dakota (1021 Olive Drive – South end of Lee Park Golf Course parking lot) BE IT FURTHER RESOLVED by the City Council of Aberdeen, Brown County, South Dakota, that a certified copy of this Resolution shall be filed for record and duly recorded in the Office of the Register of Deeds in Brown County. The foregoing Resolution No. 22-07-01R was adopted at a regular meeting of the City Council on the 18th day of July, 2022. PUBLIC HEARING AND POSSIBLE APPROVAL OF RESOLUTION NO. 22-07-02R TO VACATE PUBLIC RIGHT-OF-WAY Mayor Schaunaman opened a hearing on a petition from the Aberdeen Family YMCA to vacate the public right-of-way described as the entire 16 feet x 135 feet public alley right- of-way adjacent to the East of the South 135 feet of Lot 1, Hagerty & Lloyd’s Seventh Subdivision in the SE¼ of Sec. 13, T123N, R64W of the 5th P.M., Brown County, South Dakota (6 South State Street – Alley to the East of the YMCA daycare playground). City  18193 Planner Ken Hubbart explained that the petitioner submitted the petition to vacate unused public alley right-of-way with the intention of combining it with their adjacent property to allow for future expansion of the existing playground and parking area. Motion by Johnson, second by Ronayne to approve Resolution No. 22-07-02R to vacate the public alley right-of- way as requested. Roll call vote to approve, Novstrup, Langer, Reinbold, Johnson, Rife, Liebelt, Ronayne, and Mayor Schaunaman voting aye, Fouberg abstaining, number of ayes 8, number of nays 0, members abstaining 1, motion carried. RESOLUTION NO. 22-07-02R RESOLUTION TO VACATE PUBLIC RIGHT-OF-WAY BE IT RESOLVED, by the City Council of Aberdeen, Brown County, South Dakota, that the petition to vacate the public right-of-way, filed by the Aberdeen Family YMCA, is hereby granted and the public right-of-way is hereby vacated for the following described area: The entire 16 feet x 135 feet public right-of-way adjacent to the East of the South 135 feet of Lot 1, Hagerty & Lloyd’s Seventh Subdivision in the SE¼ of Sec. 13, T123N, R64W of the 5th P.M., Aberdeen, Brown County, South Dakota (6 South State Street – Alley to the East of the YMCA Daycare playground) BE IT FURTHER RESOLVED by the City Council of Aberdeen, Brown County, South Dakota, that a certified copy of this Resolution shall be filed for record and duly records in the Office of the Register of Deeds in Brown County. The foregoing Resolution No 22-07-02R was adopted at a regular meeting of the City Council on the 18th day of July, 2022. APPROVAL OF RESOLUTION NO. 22-07-04R TO DECLARE SURPLUS PROPERTY City Attorney Ron Wager explained that personal property was left behind by a former aerial agricultural spraying tenant at the Aberdeen Regional Airport and asked the Council to adopt Resolution No. 22-07-04R to declare the abandoned items as surplus property to allow the City to dispose of the property according to State law. Motion by Ronayne, second by Johnson to approve Resolution No. 22-07-04R declaring the abandoned items to be surplus property and directing disposal of such property according to State law. Roll call vote to approve, all voting aye, number of ayes 9, number of nays 0, members abstaining 0, motion carried. RESOLUTION NO. 22-07-04R RESOLUTION DECLARING ABANDONED ITEMS AT AIRPORT SURPLUS PROPERTY WHEREAS, AirKraft Spraying, Inc. a former aerial agricultural spraying tenant at the Aberdeen Regional Airport, failed to remove numerous items of personal property in and around the leased premises by May 1, 2021, the time established by notice properly given to the former tenant; and  18194 WHEREAS, the items of personal property are deemed abandoned by the property owner; and WHEREAS, none of the personal property was acquired by the City for its purposes in municipal operations; and WHEREAS, such items should be removed from their current location at the Airport with some items being used in municipal operations where suitable, and all remaining useless and unsuitable items being sold or disposed of as soon as practicable. NOW, THERFORE, BE IT HEREBY RESOLVED by the Aberdeen City Council that the abandoned items of personal property below, including the contents of all tanks, are declared surplus property and may be disposed of in accordance with SDCL §6-13-1, said property described as follows: ITEM QUANTITY IF MORE THAN ONE (1) 550 gallon poly tank 2 3,000 gallon poly tank 100 gallon poly tank 1,000 gallon fuel tank with pump 20,000 gallon True North Steel fuel tank with Fill-Rite pump (contains approx. 30” liquid – possible AV gas) 500 gallon propane tank 55 gallon oil drum (1/3 full, not sure of brand) Empty chemical jugs 200 Garden hose (approximately 250’) 40’ van body refrigeration trailer with detached axle and plate 8’ fluorescent light fixtures 8 C-AIRE air compressor 7.5 HP Dell PC, monitor, keyboard, and mouse HP printer ICOM radio base station Banjo gas powered pump Miscellaneous Banjo fittings Allied heater pressure washer Toyota fork lift (2,500 pound) with extra propane tank Chemical inductor with pump Chemical diaphragm pump 3 Hand sprayer Stainless steel container (not sure of use)  18195 Melon portable air tank Gas can 2 All other miscellaneous items (nominal value) BE IT FURTHER RESOLVED by the Aberdeen City Council that the Finance Officer shall dispose of the said surplus property in accordance with the laws of the State of South Dakota. The foregoing Resolution No. 22-07-04R was adopted at a regular meeting of the Aberdeen City Council on the 18th day of July, 2022. PUBLIC HEARING ON SPECIAL FIVE-DAY LIQUOR LICENSE FOR ACT2, INC. Mayor Schaunaman opened a hearing on a request for a Special Five-Day Retail On- Sale Liquor License on July 27 – 31, 2022 for ACT2, Inc. dba Aberdeen Community Theatre, 415 South Main Street. No public comments were received so Mayor Schaunaman closed the hearing. Motion by Reinbold, second by Fouberg to approve the issuance of a Special Five-Day Retail On-Sale Liquor License on July 27 – 31, 2022 to ACT2, Inc. at 415 South Main Street. Roll call vote to approve, all voting aye, motion carried. APPOINTMENT TO K.O. LEE ABERDEEN PUBLIC LIBRARY BOARD OF TRUSTEES Motion by Ronayne, second by Rife to approve the appointment of Missy Hill to the K.O. Lee Aberdeen Public Library Board of Trustees effective July 18, 2022 for a term ending June 30, 2024. Roll call vote to approve, all voting aye, motion carried. PAYMENTS FOR AIRPORT IMPROVEMENT PROJECTS Transportation Director Rich Krokel requested approval of the following payments for Airport Improvement Projects: 1) Payment #32 – AIP #3-46-0001-43-2021 Taxiway Geometry – Helms & Associates, in the amount of $13,735.63; 2) Payment #8 – AIP #3-46- 0001-43-2021 Taxiway GA Apron – Helms & Associates, in the amount of $1,444.13. Motion by Johnson, second by Ronayne to approve and authorize the City Manager to sign the payments to Helms & Associates for work on the Airport Improvement Projects. Roll call vote to approve, all voting aye, motion carried. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Rife, second by Johnson to approve payment of the bills listed for July 18, 2022 and payroll for the period from July 3, 2022 through July 16, 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: 121 Benefits 340.30; SD Dept. of Revenue 44,091.69; US Bank CC 41,501.64; Wellmark 724.84; Northwestern Energy 150,000.00; Northern Electric 7,500.00; Elavon 3,250.00; MARCO 62.04; Lori Boettcher 96.00; Cleberg Enterprises 26.28; Linda Kirnan 29.94; William Nutting 72.46; Aberdeen Hockey Association 4,029.67; Aaron Simon 90.00; Amber Beckham 33.34; Heather Gab 270.00; Allen Leidholdt 180.00; Kathy Henjum 45.00; AT & T 70.00; Aberdeen Development Corp. 36,189.89; Anchor Industries  18196 Inc. 12,848.60; Aberdeen School Dist. 2,275.00; Roadway Services Inc. 20,492.00; Helms & Associates 22,235.81; MARCO Technologies LLC 377.60; RBL Designs 956.25; Tessman Company 443.00; RDO Equipment Co. 2,422.66; Brown County Landfill 22,549.30; Linde Inc. 7,133.75; Aberdeen News 1,900.67; KONE Inc. 266.86; Dakota Doors Inc. 787.59; Northern Plains Animal Health 209.00; Leidholt Electric LLC 1,956.87; Hawkins Inc. 6,387.49; Dakota Electronics 821.50; Dakota Pump & Control 17,028.13; Don’s Builders Hardware 563.00; Quality Welding Inc. 785.19; Cole Papers Inc. 6,396.53; Farm Power Mfg. Inc. 293.35; Jensen Rock & Sand Inc. 37,722.79; Graham Tire Co. 2,343.14; Direct Automation LLC 961.50; Auto Value Parts/Hedahls 2,661.96; Cash-Wa Distributing 7,955.80; House of Glass Inc. 899.28; Inman Irrigation 290.00; Nelson Sales & Service LLC 64.85; Jacobs Construction 584.71; Kesslers Inc. 121.23; Lawson Products Inc. 532.21; Steven Lust Automotive 219.39; M-B Companies Inc. 189.24; MAC’s Inc. 384.93; Sewer Duck Inc. 1,598.70; Sanford Health Occupational 6,803.00; Northern Electric 5,801.51; CenturyLink 4,433.11; Pantorium 16.00; Dakota Supply Group 13,296.64; Graymont LLC 17,048.00; Midstates Group 14,494.78; Ringgenberg Electric Inc. 589.10; Safety Service Inc. 262.50; Avera St. Luke’s Hospital 5,687.43; Schwan Welding & Boiler 600.00; SHARE Corp. 573.12; Fay’s Refrigeration Service 10,016.09; Mobridge Tribune 440.30; Sherwin- Williams Co. 554.32; Ditch Witch of SD Inc. 87,970.65; Gary’s Auto Body & Accessory 37.00; Crawford Trucks & Equipment 2,265.30; SD Federal Property Agency 357.00; SD Municipal League 100.00; Stan Houston Equipment Inc. 33,172.10; Western Area Power Adm. 8,107.83; Hannah Lagerquist 43.26; Baker & Taylor Inc. 258.61; DEMCO Inc. 150.45; Fastenal Company 248.36; Totally Tubular Mfg. 57.00; Midland Publications 225.00; ADAPCO Inc. 2,061.60; Plumbing & Heating Wholesale 44.56; Michael Bunke 282.49; Badger Meter Inc. 579.90; Dial-A-Move 75.00; Ladner Electric 338.78; Tim Reed 2,573.00; SD Dept. of Health 98.00; Dependable Sanitation 500.00; Western States Fire Protection 415.00; Fordham Signs 3,129.00; WISP Services LLC 60.00; Sioux Valley Environmental 21,068.00; PEPSI-COLA 8,948.60; Cemcast Pipe & Precast 4,885.38; Village Bowl 345.00; Cartney Bearing Co. 114.40; COCA-COLA Bottling Co. 445.50; SD Dept. Health Lab 30.00; Pauer Sound & Music Inc. 140.00; Titan Access Productivity 343.20; Hub City Radio 1,580.00; Executive Management 613.98; David A. Vilhauer 390.00; West Payment Center 366.81; ULINE 1,042.32; Parkview Nursery Inc. 4,705.90; Dakota Broadcasting LLC 3,000.00; Jarman’s Water Systems 545.33; Dakotaland Autoglass Inc. 188.40; NVC 477.96; Downie’s Piano Tuning & Repr. 150.00; MTI Distributing 4,369.68; Kirk’s Auto 3,229.15; Towing Plus 125.00; Quill Corp. 172.99; Ken’s Superfair Foods 16,266.11; Claims Associates Inc. 250.00; Galeton Gloves 1,588.68; Jerome Wild 120.00; John Davis 100.00; Century Business Products 3,860.36; West River Beverage Inc. 4,553.50; Sabrina Padfield 31.92; Menards Inc. 7,027.30; Bound Tree Medical LLC 2,718.94; Aqua Pure Inc. 40,278.60; Convention Visitors Bureau 46,024.65; Dakota Fluid Power Inc. 366.61; McQuillen Creative  18197 Group Inc. 1,309.00; Midwest Mini Melts 7,209.00; EZ-Liner 427.64; Sperry Stump Removal 3,536.00; Sargent County Teller 240.00; Borns Group 6,538.22; Killoran Trucking & Brokerage 15,247.89; IMPACT Janitorial 3,019.61; AT & T Cell 3,556.52; Montam Charters & Tours 3,000.00; CONFLUENCE 600.85; Tyler Technologies 229.17; Ferguson Waterworks 3,879.42; Schmidt Construction Inc. 1,122.44; David’s Lawn & Snow 120.00; Evergreen Enterprises 113.71; Matheson Tri-Gas Inc. 120.36; Rackspace Hosting 7,020.00; SDN Communications 3,810.00; Haider Construction Inc. 408.16; POMP’s Tire Service 755.14; L & T Lawn Care LLC 150.00; ClubCar Connect 864.00; MV Sport-MV Corp. Inc. 1,382.60; Van Diest Supply Co. 1,492.00; Locators & Supplies Inc. 233.15; Marilyn Kohles 57.54; Aberdeen Christian School 300.00; Trace Analytics LLC 437.47; Business Improvement Dist. 8,745.30; Advance Auto Parts 168.33; HASE Plumbing & Heating 1,387.65; Dakota Potters Supply 462.27; Budget Furniture 6,293.00; Gander Island Consulting 1,500.00; Ingram Library Services 1,877.54; Vollan Oil Co. 18,566.82; Riverside Technologies Inc. 1,199.00; HOLM Co. 471.04; Holiday Inn-Spearfish 1,105.92; Jan Riggins 10.63; Plunkett’s Pest Control 369.85; Pro AG Supply Inc. 35.58; Aberdeen Chrysler Center 145.60; John Henry Foster MN Inc. 4,330.00; Midwest Tape 69.72; Midcontinent Communications 1,903.42; ARAMARK Uniform Services 1,982.49; Newman Traffic Signs 9,442.00; US Treasury 1,018.35; US Bank Corp. 600.00; Wausau Tile Inc. 26,595.60; Butler Machinery Co. 92.15; JGE Rental Equipment 439.99; GRAINGER 699.45; Sanitation Products Inc. 228,572.00; Geffdog Designs 979.11; Cooper Animal Clinic 322.81; Arctic Glacier USA Inc. 2,006.44; Midwest Pump & Tank 32.89; J Gross Equipment 620.40; Builders Firstsource Inc. 27.86; Associated Supply Co. Inc. 7,384.92; Harlow’s Bus Sales Inc. 93.99; Diamond Dry Cleaning 72.00; K & A Log Furniture LLC 1,440.00; A-1 Sanitation 8,649.48; Linde Gas & Equipment Inc. 289.58; KEI 3,073.47; G & R Controls Inc. 40.16; Tri-State Water Inc. 75.50; Diversified Inspection Inc. 763.13; United Parcel Service 365.29; Domino’s Pizza 693.03; Monster City Studios Inc. 7,287.00; GOLFCO Int’l 525.53; Kanopy, Inc. 68.00; EMEC Americas, Inc. 622.24; NAPA Central 984.04; Midland Scientific Inc. 1,684.47; Robyn Ewalt 162.00; Efraimson Electric Inc. 658.16; At Cleaning 1,087.50; Aberdak Club 367.50; Lyla Agius Designs 607.50; Jackie Witlock 95.72; Kent Warrey 89.33; HAAR Plumbing & Heating, Inc. 325.99; Kandi K. Smith 287.50; Target Solutions 5,667.50; Autozone 679.65; Jonathon Murdy 3,864.18; Shannon Chemical Corp. 12,579.45; Runnings Supply Inc. 6,016.80; Interstate Battery 51.46; Dacotah Paper Co. 472.14; Anna Moser 14.90; ODP Business Solutions LLC 822.37; Diamond Vogel 1,991.13; J.J. Keller & Associates 133.38; Language Line Services 289.66; Eastside Equipment 212.91; Eric Donut 100.00; Katrina Palmer 214.50; 60’s Plus Dining 218.40; Susan Schmid Maupin 750.00; Hansmeier & Son Inc. 212.50; James Hauck 30.02. Payroll for the period from July 3, 2022 through July 16, 2022 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS  18198 173,952.13; SD Retirement 88,221.53; Governing Body 3,351.93, Erin Fouberg 343.27 biweekly; Charlotte Liebelt 343.27 biweekly; David Novstrup 343.27 biweekly; City Manager 8,364.06; City Attorney 7,419.91; Finance 11,944.73; HR 8,005.60, Building 1,897.37; Computer 5,122.22; Planning/Zoning 16,499.37; Engineering 14,652.04; Police 158,517.33; Fire 132,450.34, Housing/Building 7,233.75; Street 35,688.13; Traffic 9,759.51; Solid Waste 27,798.59; Transportation/Ride Line 19,255.58; Library 29,719.97; Parks, Rec & Forestry 245,132.83, Nicholas Schwab 12.00 hr; Blake Clay 12.00 hr; Maxamillion Thomson 12.00 hr; Madysson Zens 12.50 hr; Airport 16,818.56; Pipe 34,287.41; Water Treatment 22,570.86; Meter 1,830.89; Water Reclamation 24,794.97; Pump 10,936.60. Roll call vote to approve, Novstrup, Langer, Reinbold, Johnson, Rife, Liebelt, Fouberg, and Mayor Schaunaman voting aye, Ronayne abstaining on the payment to Budget Furniture and voting aye on the remainder of the payments, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa updated the Council on the street sealing improvements in progress and recognized Peggi Badten for 32 years of service with the Wastewater Department, Jordan McQuillen for 9 years of service with the Finance Department, and Robin Bobzien for 28 years of service with the Engineering Department. ADJOURNMENT There being no further business, motion by Ronayne, second by Johnson to adjourn the meeting. Voice vote to adjourn, all voting aye, motion carried. The meeting adjourned at 5:43 p.m. Prepared by Mary Campton for the Finance Office. /s/ Jordan McQuillen, Finance Officer.