Aberdeen City Council

18287 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, December 19, 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 by teleconference, Erin Fouberg, Charlotte Liebelt, Josh Rife by teleconference, Alan Johnson, Justin Reinbold, David Novstrup, and Mayor Travis Schaunaman. City Council Member Tiffany Langer was absent. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Jordan McQuillen, Dave McNeil, Rich Krokel, Joel Weig, and Max Stoltenburg. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Motion by Reinbold, second by Johnson to approve the agenda. Voice vote to approve, all present voting aye, motion carried. MINUTES Motion by Johnson, second by Liebelt to approve the minutes of the December 5, 2022 City Council Meeting, as circulated. Voice vote to approve, all present voting aye, motion carried. OPEN FORUM The Aberdeen Boys & Girls Club Carolers performed Christmas songs. CONSENT CALENDAR Motion by Fouberg, second by Reinbold to approve the following items on the consent calendar: 2023 RENEWALS OF WINE AND LIQUOR LICENSES – Retail On-Off Sale Wine and Cider License for Heartland Casino, LLC dba Heartland Players Club, 1923 – 6th Avenue, SE #102 (RW-20172) and Retail On-Sale Liquor and Package Off-Sale Liquor Licenses for Jondahl Inc. dba Silver Dollar Bar, 119 South Main Street (RL-5406 and PL-4425) SET BID DATE – of January 17, 2023 at 2:00 p.m. – Invitation to Bid on Surplus Property (Structures) - Log Cabins at Wylie Park Campground and Residential Structure at 211 – 2nd Avenue, SE – Notice of Sale and Conditions Voice vote to approve, all present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 22-12-01 REGARDING ISSUANCE OF BUILDING PERMITS - FIRST READING City Attorney Ron Wager presented Ordinance No. 22-12-01 amending the City Code  18288 regarding issuance of Building Permits for first reading. Wager explained that the ordinance amendment makes a clear reference to the requirement for a building permit to be obtained before undergoing the construction or work and recommended approval of the ordinance amendment. Motion by Johnson, second by Reinbold to approve first reading of Ordinance No. 22-12-01 as presented. Roll call vote to approve, all present voting aye, motion carried. ORDINANCE NO. 22-12-02 AMENDING FIRE PREVENTION AND PROTECTION REGULATIONS OF THE CITY CODE – FIRST READING Fire Marshal Max Stoltenburg presented Ordinance No. 22-12-02 amending fire prevention and protection regulations of the City Code for first reading. Stoltenburg explained that the ordinance amendment adopts the updated 2018 edition of the International Fire Code and fire safety article of the Administrative Rules of South Dakota. Motion by Johnson, second by Liebelt to approve first reading of Ordinance No. 22-12-02 as presented. Roll call vote to approve, all present voting aye, motion carried. ORDINANCE NO. 22-12-03 SUPPLEMENTING THE 2022 BUDGET FOR VARIOUS UNANTICIPATED PROJECTS, ACTIVITIES, AND EXPENSES – FIRST READING City Finance Officer Jordan McQuillen presented Ordinance No. 22-12-03 supplementing the 2022 City Budget for various unanticipated projects, activities, and expenses for first reading. McQuillen provided the Council with an amended ordinance for consideration and explained that the ordinance is necessary to supplement various departmental budgets in the 2022 Budget. Motion by Ronayne, second by Johnson to adopt Ordinance No. 22-12-03 as published. Motion by Ronayne, second by Johnson to approve the amended Ordinance No. 22-12-03 as provided. Roll call vote to approve amending the Ordinance No. 22-12-03, Ronayne, Liebelt, Rife, Johnson, Reinbold, Novstrup, and Mayor Schaunaman voting aye, Fouberg voting aye but abstaining on TIF Funds with debt serviced by Dacotah Bank, motion carried. Roll call vote to approve first reading of the Ordinance No. 22-12-03 as amended, Ronayne, Liebelt, Rife, Johnson, Reinbold, Novstrup, Mayor Schaunaman voting aye, Fouberg voting aye but abstaining on TIF Funds with debt serviced by Dacotah Bank, motion carried. ORDINANCE NO. 22-12-04 SUPPLEMENTING THE 2022 BUDGET FOR VARIOUS PARKS, RECREATION, AND FORESTRY DEPARTMENT ACTIVITIES City Finance Officer Jordan McQuillen presented Ordinance No. 22-12-04 supplementing the 2022 City Budget for various Parks, Recreation, and Forestry Department activities for first reading. McQuillen explained that the ordinance redistributes cash held for Parks, Recreation, and Forestry (PRF) activities in the PRF Gift Fund to fund activity paid for in the PRF Fund and the PRF Enterprise Fund and supplements expenditure authority for departmental budgets and operating transfers. Motion by Reinbold, second by Liebelt to approve first reading of Ordinance No. 22-12-04 as presented. Roll call vote to approve, all present voting aye, motion carried.  18289 PUBLIC HEARING ON PETITION TO VACATE PUBLIC RIGHT-OF-WAY AND APPROVAL OF RESOLUTION NO. 22-12-01R Mayor Schaunaman opened a hearing on a request by Jared Ladner and Randy Meister to vacate the public right-of-way described as the undeveloped 66 feet wide Second Avenue SW Public Right-Of-Way commencing 122 feet West of Fourth Street South Public Right-Of-Way and continuing 100.45 feet West to point of termination adjacent to Railroad Right-Of-Way located between Lot 3A, Mardian Sixth Subdivision to the City of Aberdeen and Lot 1, Ladner’s First Addition in the SW¼, Section 13, T123N, R64W of the 5th P.M., Brown County, South Dakota (116 South Fourth Street and 418 Third Avenue, SW). City Planning/Zoning Director Brett Bill stated that the petitioners are requesting this vacation of public right-of-way with the intention of combining the property with their adjacent properties to allow for future development. Brett Bill informed the Council that the petition to vacate public right-of-way was approved by the Aberdeen Planning Commission with stipulations that a plat be prepared to combine the vacated right-of-way with the adjacent lots and easements must be established for any existing utilities within the right-of-way. Motion by Ronayne, second by Reinbold to approve Resolution No. 22-12-01R to vacate the public right-of-way located at 116 South Fourth Street and 418 Third Avenue SW - undeveloped right-of-way north of Ladner Electric. Discussion followed. Jared Ladner of Ladner Electric was present for the discussion. Ken Buechler, resident at 202 South Fourth Street, spoke in opposition to the request to vacate the property. Mayor Schaunaman closed the hearing and called for a vote. Roll call vote to approve, all present voting aye, number of ayes 8, number of nays 0, members abstaining 0, motion carried. PROPERTY TAX AND SPECIAL ASSESSMENT ABATEMENTS FOR PROPERTIES IN THE CITY LIMITS City Finance Officer Jordan McQuillen requested approval of property tax and special assessment abatements for properties located at 414 Third Avenue, SE ($16,521.10 abatement request with City Share being $13,457.81) and 909 South Main Street ($25,298.75 abatement request with City Share being $19,708.29) to allow for tax deed sales. Motion by Johnson, second by Ronayne to approve of the property tax and special assessment abatements for the properties located at 414 Third Avenue, SE and 909 South Main Street as requested by the Brown County Auditor. Roll call vote to approve, all present voting aye, motion carried. ENGAGEMENT LETTER WITH EIDE BAILLY FOR AUDIT OF CITY FINANCIAL STATEMENTS City Finance Officer Jordan McQuillen requested approval for the City Finance Officer, City Manager, and Transportation Director to sign the engagement letter with Eide Bailly for the audit of the financial statements for the year ending December 31, 2022. Motion by Johnson, second by Fouberg to authorize the City Finance Officer, City Manager,  18290 and Transportation Director to sign the engagement letter with Eide Bailly for the audit of the financial statements for the year ending December 31, 2022. Roll call vote to approve, all present voting aye, motion carried. COUNCIL MEMBERS DESIGNATED TO ABERDEEN DEVELOPMENT CORPORATION BOARD Mayor Schaunaman opened a discussion to consider designating Council Members to serve as the City Representatives to the Aberdeen Development Corporation (ADC) Board. Motion by Reinbold, second by Johnson to appoint Council Members Ronayne and Langer to serve as City Representatives to the ADC Board. Roll call vote to approve, all present voting aye, motion carried. DONATION OF FIVE MONITOR/DEFIBRILLATORS TO THE ABERDEEN FIRE DEPARTMENT City Finance Officer Jordan McQuillen requested approval to accept the donation of five 2022 Physio-Control Lifepak 15 Monitor/Defibrillators for use by the Aberdeen Fire Department from the SD Department of Health. Motion by Ronayne, second by Reinbold to accept the donation of five 2022 Physio-Control Lifepak 15 Monitor/Defibrillators from the SD Department of Health for the Aberdeen Fire Department. Voice vote to approve, all present voting aye, motion carried. BID FOR NEW MOTOR GRADER FOR THE PUBLIC WORKS DEPARTMENT City Engineer Robin Bobzien requested approval to accept a Sourcewell Governmental Bid for a new Caterpillar 150 Motor Grader in the amount of $369,429.00 from Butler Machinery Company for the Public Works-Snow Removal Department. Motion by Johnson, second by Rife to accept the bid and purchase of a new Caterpillar 150 Motor Grader from Butler Machinery Company in the amount of $369,429.00 through the Sourcewell bid process. Roll call vote to approve, all present voting aye, motion carried. CHANGE ORDER/PAYMENT FOR NORTH DAKOTA STREET ROADWAY IMPROVEMENTS PROJECT City Engineer Robin Bobzien requested approval of Change Order #3 in the amount of $36,800.00 and Payment #7 in the amount of $36,432.00 to Reede Construction, Inc. for additional work on the North Dakota Street Roadway Improvements Project. Motion by Johnson, second by Novstrup to approve of Change Order #3 in the amount of $36,800.00 and Payment #7 in the amount of $36,432.00 to Reede Construction, Inc. for the North Dakota Street Roadway Improvements. Roll call vote to approve, all present 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 #37 – AIP #3-46-0001-43-2021 Taxiway Geometry – Helms & Associates, in the amount of $274.80; 2) Payment #11 – AIP #3-46-  18291 0001-47-2022 GA Apron Reconstruction – Helms & Associates, in the amount of $374.02; 3) Payment #3 – AIP #3-46-0001-48-2022 Runway 13/31 Rehabilitation and Lighting Project – Helms & Associates, in the amount of $14,975.88. Motion by Johnson, second by Reinbold 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 Fouberg, second by Reinbold to approve payment of the bills listed for December 19, 2022 and payroll for the period from December 4, 2022 through December 17, 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: Elavon Merchant Services 250.00; SD Dept. of Revenue 10,999.50; PaymentTech, LLC 3,000.00; Wellmark Blue Cross/Blue Shield 18,863.13; Wyld Wolf Productions 20.00; Jo Ann Berbos 500.00; All American Towing 384.00; Aberdeen Chamber of Commerce 40.00; Aberdeen Development Corp. 13,833.33; Aberdeen School Dist. 18,898.78; Animal Care Clinic 174.20; Helms & Associates 19,997.73; MARCO Technologies LLC 143.15; RBL Designs 5,000.00; RDO Equipment Co. 4,968.34; Brown County Landfill 18,861.46; Brown County Treasurer 5,704.43; Linde Inc. 6,987.50; Aberdeen News 1,308.88; Dakota Doors Inc. 122.98; Northern Plains Animal Health 100.00; City Treasurer 188.47; NDSU Soil Testing Lab 58.50; Hawkins Inc. 5,971.75; Dakota Electronics 1,957.75; Master Burn 217.75; Vosika Fencing 648.95; Don’s Builders Hardware 898.00; Eddie’s Northside Sinclair 150.00; Performance Oil & Lubricant 260.48; Cole Papers Inc. 112.52; Farm Power Mfg Inc. 720.04; Range Servant America Inc. 918.95; Flexible Pipe Tool Company 316,796.00; Jensen Rock & Sand Inc. 1,498.69; Graham Tire Co. 1,361.84; Nikolas Zimney 28.00; Farm & Home Publishers Ltd. 65.00; TDS Media Direct Inc. 490.00; Direct Automation LLC 735.00; Auto Value Parts/Hedahls 2,918.56; Glenn Bitz 85.00; House of Glass Inc. 417.34; Jacobs Construction 120,086.66; Johnson Controls 945.34; Ken’s Alignment Auto Service 120.00; Kesslers Inc. 301.92; Automatic Building Controls 2,250.00; Lawson Products Inc. 560.98; Steven Lust Automotive 106.58; M-B Companies Inc. 2,246.38; MAC’s Inc. 256.43; Sewer Duck Inc. 200.00; NSU Workstudy 539.50; CenturyLink 4,513.01; Pantorium 16.00; Dakota Supply Group 3,521.60; Graymont LLC 10,034.80; Midstates Group 2,092.30; Ringgenberg Electric Inc. 13,867.23; Safety Service Inc. 155.56; Avera St. Luke’s Hospital 5,359.82; Schwan Welding & Boiler 2,976.14; SHARE Corp. 4,509.40; Fay’s Refrigeration Service 1,825.63; Sherwin-Williams Co. 48.26; Crawford Trucks & Equipment 4,401.74; Town & Country Lumber Inc. 1,543.93; Weismantel Rent All 1,050.00; Western Area Power Adm. 5,182.42; Wright & Sudlow 56,362.50; Hannah Lagerquist 49.14; Aberdeen Lawn Care 105.00; Aberdeen Area Arts  18292 Council 8,131.39; Baker & Taylor Inc. 765.20; DEMCO Inc. 97.75; GALE/Cengage Learning 295.09; Fastenal Company 223.15; Aberdeen Awards 24.00; Banner Associates Inc. 15,894.30; Airside Solutions Inc. 1,070.52; Crystal Harper 30.50; Mattern Electric 83.67; Badger Meter Inc. 581.58; Olson’s Pest Technicians 400.00; Dakota Pump Inc. 2,405.02; MacQueen Emergency Group 1,313.73; Ladner Electric 892.86; Carpet Master 2,600.00; Daktronics Inc. 455.00; Aberdeen Exchange Club 93.00; Cassie Mraz 252.00; Dependable Sanitation 25,915.04; Sarah Suko 80.00; Center Point Large Print 215.13; Harr Motors 125.00; Western States Fire Protection 825.00; Bantz, Gosch, & Cremer LLC 43,515.16; Fordham Signs 2,924.00; WISP Services LLC 60.00; Sioux Valley Environmental 27,531.00; M & T Fire & Safety Inc. 290.00; Cartney Bearing Co. 129.19; Floor to Ceiling Store 8,211.15; Pauer Sound & Music Inc. 5,171.00; Dawn M. Menning 730.50; Hub City Radio 5,106.33; Ann Scott 156.00; Executive Management 368.84; Jerry T. Taylor 33.00; EBSCO Information Services 1,432.97; Service Signs Inc. 560.00; Pierson Ford-Lincoln-Mercury 194.99; Barton Heating & A/C Inc 102.04; Dakota Broadcasting LLC 400.00; Jarman’s Water Systems 421.35; Dakotaland Autoglass Inc. 228.90; Livestock Specialist Inc. 608.00; NVC 1,269.66; MTI Distributing 1,338.40; Kirk’s Auto 5,543.50; US Bank Corp.Trust 600.00; William Cantalope 185.00; Hardins Photography 140.00; Reede Construction Inc. 36,432.00; Otis Elevator Company 125.00; James River Water 98.76; Fire Safety First 212.77; Joye Ward 80.00; Quill Corp. 26.99; Ken’s Superfair Foods 1,566.79; O’Reilly Auto Parts 83.02; Galeton Gloves 651.02; Sertoma Club 76.25; Century Business Products 761.82; Menards Inc. 4,782.39; Taste Of Home Books 35.98; Shannon Broderson 152.00; Julie Borr 80.00; Bound Tree Medical LLC 3,482.24; Matthew Bender & Co., Inc. 152.43; Overdrive Inc. 1,622.53; Aberdeen Hockey Assn. 10,625.00; Neil & Joan Bellikka 51,237.15; Aqua Pure Inc. 325.00; Convention Visitors Bureau 25,663.24; Dakota Fluid Power Inc. 187.48; EZ-Liner 2,686.00; Blick Art Materials 280.32; Borns Group 6,685.13; FP Mailing Solutions 135.00; Killoran Trucking & Brokerage 16,596.43; Sara Weischedel 80.00; OCLC Inc. 1,018.79; IMPACT Janitorial 2,891.33; AT & T Cell 2,595.93; John Patzlaff 80.00; Double D Body Shop 460.00; Stryker Flex Financial 119,883.35; Tyler Technologies 3,422.42; Ferguson Waterworks 758.21; Recreation Supply Co. 834.40; FBI-Leeda 50.00; Matheson Tri-Gas Inc. 497.99; POMP’s Tire Service 6,389.79; Rich Krokel 74.00; Marilyn Kohles 47.88; Spotslam 5,000.00; Dakota Oil 607.60; School of EMS 15,225.00; Bill Feiock 28.00; Advance Auto Parts 16.53; Dave Schumaker 13,559.86; Karli Stubbe 34.00; Jordan C. Menken 153.00; MVTL Laboratories Inc. 774.31; Ashley Furniture Outlet 6,784.79; Ingram Library Services 1,402.72; Vollan Oil Co. 10,552.45; Rivards Turf & Forage 749.21; Steve Marley 312.00; Plunkett’s Pest Control 248.15; Patricia Brosz 1,312.50; John Kersten 731.25; Randy Murphy 152.00; Tom Suedmeier 380.00; Midwest Tape 110.94; Rhea Ketterling 74.00; Aramark Uniform Service 2,381.98; Area IV Senior Nutrition 7,000.00; Curt Fredrickson 504.00; New Deal Deicing 22,669.98; Butler Machinery Co. 333,646.00;  18293 GRAINGER 2,054.60; Geffdog Designs 4,580.37; Jefferson Partners LP 93.52; Bowers Tree Service 4,425.00; Klas Group 39,583.82; Crescent Electric Supply 963.14; Midwest Pump & Tank 619.39; Coast to Coast Solutions 909.08; Innovative Interfaces Inc. 26,740.35; J Gross Equipment 2,721.15; Makynna Snow 112.00; Diamond Dry Cleaning 97.55; Christine Stoltenberg 70.00; Collin Klebsch 3,034.50; A-1 Sanitation 7,002.58; Stryker Sales Corp. 690.20; Linde Gas & Equipment Inc. 478.55; G & R Controls Inc. 14,661.00; Muth Electric 79,000.00; Legacy Design Group LLC 131.25; Techniques 491.96; Tri-State Water Inc. 84.75; Swanson Electric 1,583.67; Knute Reierson 140.00; Wylie Meadows LLC 2,420.44; Kanopy, Inc. 106.00; NAPA Central 628.09; Alex Schoop 216.00; Robyn Ewalt 126.00; Efrainson Electric Inc. 24,659.60; BMI Supply 163.95; Allied Climate Professional 2,459.19; Aberdak Club 420.00; Frost Development Inc. 63,758.04; CWF Masonry & Construction 7,560.47; DEPOT Revival LLC 30,729.15; Lyla Agius Designs 1,659.80; Insurance Plus 1,719.00; Carla Jo Krege 114.00; Street Smart Rental 19,423.00; Daniel Orr 360.00; Hillyard Sioux Falls 110.97; Jackie Witlock 179.25; NAS Industrial 29,821.68; Catherine Diede 100.00; Megan Kusler 779.00; Haar Plumbing & Heating Inc. 4,699.85; Atlas Carbon LLC 32,883.60; Core & Main LP 1,592.79; Transource Truck & Equipment 180.28; Blackstrap Inc. 9,649.22; Autozone 451.27; Jonathon Murdy 2,500.00; AGTEGRA Cooperative 7.20; Anna Jahraus 156.00; Runnings Supply Inc. 2,813,90; Interstate Battery 536.80; Jon Murdy- Reinbursement Expense 12,027.60; Custom Installation Solutions 3,730.00; Cardconnect 325.00; HR Green Inc. 3,154.33; Verizon Wireless 64.80; ODP Business Solutions LLC 164.88; Engineering Perf Solutions 2,250.00; Language Line Services 321.13; Dacotah Bank 39,996.46; IMEG 5,750.00; Jakob Walden 75.00; Hope Stappler 156.00; Brown’s Flooring LLC 13,002.00; Bytespeed LLC 9,055.00; American Playground Co. 2,462.00; Dylan Blair 75.00; Mary Carpenter 150.00; Dylan Eckart 75.00; Eickhof Columbaria Inc. 909.77; Maggie McDermott 75.00; Cameron Jarvis 28.00; Sooper Stop 600.00. Payroll for the period from December 4, 2022 through December 17, 2022 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS 142,447.78; SD Retirement 86,853.35; Governing Body 3,351.93; City Manager 8,333.35; City Attorney 7,633.19; Finance 15,244.32; HR 8,017.89, Building 1,887.37; Computer 5,523.51; Planning/Zoning 14,638.17; Engineering 14,526.20; Police 138,753.43, Krier, Samuel 26.19 hr, Fire 124,444.15, Hepola, Jonathon 17.28 hr, Brown, Tyler 17.28 hr, Ponath, Christian 17.28 hr, Huff, Hailey 17.28 hr, Housing/Building 15,359.22; Street 46,823.45, Traffic 9,258.32; Solid Waste 25,439.27; Transportation/Ride Line 18,374.04; Library 26,697.74; Parks, Rec & Forestry 94,241.11, Friedrichson, Meredith 13.25 hr, Holzkamm, Katrina 13.00 hr, Holzkamm, Lynn 14.25 hr, Loecker, Jared 13.25 hr, Sichmeller, Austin 13.00 hr, Gilbertson, Scott 13.00 hr, Hogg, Carter 13.25 hr, Ladner, Jaxon 13.00 hr; Airport 23,612.21; Pipe 31,177.71; Water Treatment 18,516.93; Meter 1,825.32; Water Reclamation 23,817.93; Pump 7,849.76.  18294 Roll call vote to approve, Ronayne abstaining, Fouberg, Liebelt, Rife, Johnson, Rienbold, Novstrup voting aye, Mayor Schaunaman abstaining on payments to Helms & Associates and House of Glass and voting aye on remainder of payments, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa gave a recap on the snow removal process. Gaa explained that typically snow removal is within 24 hours but the recent snow event was a longer duration and removal began on Thursday night. Council Member Rife left the meeting at 6:27 p.m. ADJOURNMENT There being no further business, motion by Johnson, second by Liebelt to adjourn the meeting. Voice vote to adjourn, all present voting aye, motion carried. The meeting adjourned at 6:36 p.m. Prepared by Mary Campton for the Finance Office. /s/ Jordan McQuillen, Finance Officer.