Aberdeen City Council

CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 17, 2023 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 OFJANUARY 3, 2023 4. OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET HEARING DATE OF FEBRUARY 6, 2023 AT 5:30 P.M. – SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSES FOR ABERDEEN AREA CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS FEBRUARY 9, 2023 – DACOTAH BANK, 308 SOUTH MAIN STREET APRIL 13, 2023 – HORIZON HEALTH CARE, 506 SOUTH WILSON STREET B. ABERDEEN REGIONAL AIRPORT POLICY - BID PROTEST PROCEDURE ON FAA FUNDED PROJECTS OR PURCHASES C. REQUEST FOR PROPOSALS FOR PUBLIC WORKS SPACE NEEDS ANALYSIS D. WORKERS COMPENSATION COVERAGE FOR CITY OF ABERDEEN VOLUNTEERS E. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE 1. SUNRISE LODGE 211 2. DTOM 22/0 FOUNDATION/DTOM VETERANS RANCH 6. OLD BUSINESS A. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 23-01-02 AMENDING THE CITY CODE REGARDING REQUIRED SIDEWALKS B. POSSIBLE SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 23-01-03 AMENDING THE CITY CODE REGARDING THE DEFINITION OF “OWNER” 7. NEW BUSINESS A. REQUEST APPROVAL TO PURCHASE A POLARIS RANGER UTV IN THE AMOUNT OF $34,798.55 FROM POLARIS SALES INC. FOR THE FIRE DEPARTMENT B. REQUEST APPROVAL OF PAYMENTS #2 AND #3 IN THE TOTAL AMOUNT OF $347,090.00 TO BANNER ASSOCIATES INC. FOR PROFESSIONAL ENGINEERING SERVICES ON THE WATER RECLAMATION FACILITY IMPROVEMENT AND EXPANSION PROJECT 01/17/2023 Page 1 of 119  C. POSSIBLE APPROVAL AND AUTHORIZE CITY MANAGER TO SIGN AMENDMENTS TO STATE AGREEMENTS FOR FAA AIRPORT IMPROVEMENT PROJECTS 1. AMENDMENT #1 – AGREEMENT #717657 FOR AIP #3-46-0001-43-2021, TAXIWAY GEOMETRY IMPROVEMENTS AND GA APRON PHASE 1 – DESIGN 2. AMENDMENT #1 – AGREEMENT #718147 FOR AIP #3-46-0001-47-2022 GA APRON RECONSTRUCTION PHASE 1B 3. AMENDMENT #1 – AGREEMENT #718148 FOR AIP #3-46-0001-48-2022 PHASE 1, DESIGN – RUNWAY 13/31 REHAB. AND LIGHTING IMPROVEMENTS D. POSSIBLE APPROVAL OF PAYMENTS FOR THE WORK ON AIRPORT IMPROVEMENT PROJECTS AND AUTHORIZE THE CITY MANAGER TO SIGN THE PAY REQUESTS 1. PAYMT.#38 - #3-46-0001-43-2021 TAXIWAY GEOMETRY–HELMS & ASSOCIATES $244.36 2. PAYMT.#4 - #3-46-0001-48-2022 RUNWAY 13/31 REHAB/LIGHT–HELMS & ASSOC. $24,959.79 8. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL A. BILLS - APPROVAL OF BILL LIST FOR JANUARY 17, 2023 B. PAYROLL – APPROVAL FOR PAY PERIOD FROM JANUARY 1, 2023 THROUGH JANUARY 14, 2023 AND FOR CITY’S SHARE OF SOCIAL SECURITY, OLD AGE AND SURVIVOR’S INSURANCE, RETIREMENT, HEALTH, AND LIFE INSURANCE COUNCIL MEMBERS MAY ABSTAIN REGARDING AN IDENTIFIED CLAIM IN THE BILL LIST OR PAYROLL AND VOTE TO APPROVE THE REMAINDER OF THE BILLS OR PAYROLL 9. CITY MANAGER’S REPORT 10. EXECUTIVE SESSION A. DISCUSS A PERSONNEL MATTER, PURSUANT TO SDCL §1-25-2(1) NO COUNCIL ACTION CAN OCCUR DURING EXECUTIVE SESSION BUT COUNCIL ACTION MAY FOLLOW EXECUTIVE SESSION 11. 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. 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. 01/17/2023 Page 2 of 119  18299 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, January 03, 2023 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, Josh Rife, Alan Johnson, Justin Reinbold, Tiffany Langer, David Novstrup, and Mayor Travis Schaunaman. City Council Member Charlotte Liebelt was absent. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Jordan McQuillen, and Dave McNeil. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Mayor Schaunaman requested a motion to remove Item #5C1 from the Agenda – Consent Calendar – Advertisement for Bids on Kline Street Storm Improvements. Motion by Reinbold, second by Johnson to remove Item #5C1 from the Consent Calendar and approve the agenda as amended. Voice vote to approve, all present voting aye, motion carried. MINUTES Motion by Reinbold, second by Rife to approve the minutes of the December 27, 2022 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 Ronayne, second by Novstrup to approve the following items on the consent calendar: SET MUNICIPAL ELECTION DATE – of June 6, 2023 as required by SDCL §9-13-1 for the following position vacancies: NE District-City Council member for a five-year term and SW District-City Council Member for a five-year term SET HEARING DATE – of January 23, 2023 at 5:30 p.m. to consider Ordinance No. 23-01- 01 revising the Kennel Definition in the Zoning Regulations of the City Code. SET BID DATE – of January 17, 2023 at 2:00 p.m. for Bids on the Brown County 19 and 8th Avenue, NE Traffic Signal Improvements 2023 RENEWAL OF WINE LICENSES – ECCO LLC dba Engels Event Company, 209 South Main Street (RW-27989); MML Karisma LLC dba Karisma Boutique, 305 South Main Street (RW-21673); Aberdeen Store, LLC dba The Market On The Plaza, 506 South Main Street #4 (RW-27586) 01/17/2023 Page 3 of 119  18300 LICENSE – Journeyman Plumber – Andrew Lampert LOTTERY NOTICE – Hub City Soccer Club – receive and place on file Voice vote to approve, all present voting aye, motion carried. NEW BUSINESS ORDINANCE NO. 23-01-02 REGARDING SIDEWALKS – FIRST READING City Manager Joe Gaa presented Ordinance No. 23-01-02 amending the City Code regarding required sidewalks. Gaa said that the ordinance addresses the problem requiring construction of a sidewalk that will not connect to any other sidewalk. Gaa explained that the proposed ordinance amendment to Sec. 46-128(b) of the City Code will allow the Council to grant an extension of the sidewalk requirements if it finds that the sidewalk will not connect to another sidewalk within 5 years and is not a public necessity. Discussion followed. Motion by Ronayne, second by Reinbold to approve of the first reading of Ordinance No. 23- 01-02 as presented. Roll call vote to approve, all present voting aye, motion carried. ORDINANCE NO. 23-01-03 REGARDING THE DEFINITION OF “OWNER” – FIRST READING City Attorney Ron Wager presented Ordinance No. 23-01-03 amending the City Code regarding the definition of “Owner”. Wager explained that the proposed amendment to the definition of “Owner” at Sec. 1-2 of the City Code clearly defines the categories of persons who may be considered lawful owners of property. Motion by Ronayne, second by Johnson to approve first reading of Ordinance No. 23-01-03 as presented. Roll call vote to approve, all present voting aye, motion carried. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Johnson, second by Novstrup to approve payment of the bills listed for January 3, 2023 and payroll for the period from December 18, 2022 through December 31, 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: Wells Fargo Bank of SD 4,155.75; Wellmark Blue Cross/Blue Shield 212,000.00; SD Dept. of Revenue 240.00; Wells Fargo Comm. 287,401.80; Paymentech, LLC 3,000.00; Elavon Merchant Services 250.00; Dean Dicket 25.00; Aberdeen Chamber of Commerce 15,000.00; RDO Equipment Co. 1,750.76; Linde Inc. 7,101.25; Dakota Doors Inc. 1,157.23; Chris & Dan’s Tarp & Canvas 470.88; NDSU Soil Testing Lab 15.00; Hawkins Inc. 54.90; Eddie’s Northside Sinclair 2,122.50; Flexible Pipe Tool Company 1,086.80; Jensen Rock & Sand Inc. 8,570.25; Graham Tire Co. 868.84; Direct Automation LLC 958.34; Auto Value Parts/Hedahls 821.37; Lawson Products Inc. 57.47; MAC’s Inc. 66.50; Sewer Duck Inc. 225.00; Dakota Supply Group 1,169.60; Midstates Group 200.50; SHARE Corp. 1,195.26; Crawford Trucks & Equipment 94.33; SD Dept. of Transportation 375.50; SD Government Finance Officer Assoc. 70.00; SD Municipal League 01/17/2023 Page 4 of 119  18301 15,340.01; Stan Houston Equipment Inc. 99.90; Diesel Machinery Inc. 7,546.32; Fastenal Company 691.50; Harms Oil Company 26,340.87; HARR Motors 1,385.00; Energy Lab Inc. 103.70; Titan Access Productivity 508.06; Jarman’s Water Systems 541.35; Cornerstone Career Learning 3,000.00; Quill Corp. 27.58; O’Reilly Auto Parts 115.94; Century Business Products 49.27; SESAC 553.00; Menards Inc. 273.95; SD Building Officials 65.00; Dakota Fluid Power Inc. 385.13; AT & T Cell 3,070.03; POMP’s Tire Service 659.77; SD Assoc. Code Enforcement 75.00; Lou’s Gloves Inc. 423.00; SDML Workers Compensation 330,458.00; JK Sales & Towing 1,917.50; Dakota Oil 443.75; Nick Berbos Real Estate, LP 134,838.35; North Central Rental/Leasing 14,100.00; Hercules Tow Ropes Inc. 1,517.58; Vollan Oil Co. 10,766.10; SD City Management Association 150.00; ARAMARK Uniform Services 139.33; Morrison Construction 21,807.00; Butler Machinery Co. 213.49; Geffdog Designs 328.00; Knight Towing 8,468.75; J Gross Equipment 848.03; Community Trans. Assn. America 650.00; Aberdeen Area Humane Society 5,400.00; G & R Controls Inc. 2,242.84; Diversified Inspection Inc. 352.62; Sign Solutions USA, LLC 101.28; MAC Tools/D & D Distributing 2,740.00; World Software Corp. 492.00; SD Retailers Assoc. 240.00; Core & Main LP 1,172.19; Henry Schein Inc. 1,673.65; Blackstrap Inc. 6,763.04; Runnings Supply Inc. 2,568.76; Interstate Battery 715.75; Engineering Perf Solutions 800.00; Central Salt 5,003.67; Thein Well 15,579.82. Payroll for the period from December 18, 2022 through December 31, 2022 and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS 142,494.24; SD Retirement 89,985.24; Governing Body 3,435.71; City Manager 8,568.86; City Attorney 7,641.71; Finance 15,545.56, Weber, Teresa 20.67 hr; HR 8,204.82, Building 1,933.76; Computer 5,274.28; Planning/Zoning 15,081.99; Engineering 14,989.40; Police 156,228.50; Fire 134,603.75, Housing/Building 4,619.20, Smith, Brandon 26.47 hr; Street 43,595.99, Rohrbach, Jorden 20.17 hr; Traffic 8,113.08; Solid Waste 23,071.57; Transportation/Ride Line 18,299.13, Johnson, Aaron 18.73 hr; Library 28,059.99, Hallenbeck, Stacie 22.26 hr; Parks, Rec. & Forestry 92,491.76, Hoffman, Tyler 13.75 hr; Airport 21,286.00; Pipe 30,366.91; Water Treatment 20,216.02; Meter 1,939.70; Water Reclamation 21,003.06; Pump 8,561.61. Roll call vote to approve, Ronayne abstaining on payment to Nick Berbos Real Estate, LP and voting aye on remainder of payments, Fouberg, Rife, Johnson, Reinbold, Langer, Novstrup, and Mayor Schaunaman voting aye, motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa gave a review of recent snow removal in residential areas. EXECUTIVE SESSION Motion by Ronayne, second by Rife to move into executive session at 5:55 p.m. to discuss a personnel matter pursuant to SDCL §1-25-2(1). Voice vote to approve, all present voting aye, motion carried. Motion by Rife, second by Reinbold to move out of executive 01/17/2023 Page 5 of 119  18302 session at 6:57 p.m. Voice vote to approve, all present voting aye, motion carried. ADJOURNMENT There being no further business, motion by Novstrup, second by Ronayne to adjourn the meeting. Voice vote to adjourn, all present voting aye, motion carried. The meeting adjourned at 6:57 p.m. Prepared by Mary Campton for the Finance Office. /s/ Jordan McQuillen, Finance Officer. 01/17/2023 Page 6 of 119  City of Aberdeen - Request for Council Action 5 January 17, 2023 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. SET HEARING DATE OF FEBRUARY 6, 2023 AT 5:30 P.M. – SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSES FOR ABERDEEN AREA CHAMBER OF COMMERCE’S BUSINESS AFTER HOURS FEBRUARY 9, 2023 – DACOTAH BANK, 308 SOUTH MAIN STREET APRIL 13, 2023 – HORIZON HEALTH CARE, 506 SOUTH WILSON STREET B. ABERDEEN REGIONAL AIRPORT POLICY - BID PROTEST PROCEDURE ON FAA FUNDED PROJECTS OR PURCHASES C. REQUEST FOR PROPOSALS FOR PUBLIC WORKS SPACE NEEDS ANALYSIS D. WORKERS COMPENSATION COVERAGE FOR CITY OF ABERDEEN VOLUNTEERS E. LOTTERY NOTICES – RECEIVE AND PLACE ON FILE 1. SUNRISE LODGE 211 2. DTOM 22/0 FOUNDATION/DTOM VETERANS RANCH C:\Users\mary.c\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K8Z3W4IN\Request for Cl Action - Consent Calendar (005).doc 01/17/2023 Page 7 of 119 01/17/2023 Page 8 of 119 01/17/2023 Page 9 of 119 01/17/2023 Page 10 of 119 01/17/2023 Page 11 of 119 01/17/2023 Page 12 of 119 01/17/2023 Page 13 of 119  REQUEST FOR PROPOSALS PUBLIC WORKS SPACE NEEDS ANALYSIS Introduction The City of Aberdeen, South Dakota is seeking Consulting services proposals to perform a space needs analysis for the City’s Public Works Department. Description of Services Generally, the City of Aberdeen is looking to select a Consultant to develop a methodology and analysis tool to determine optimum space needs for each division. The firm will plan to: 1. Work with Staff to help determine appropriate personnel space needs of each division. 2. Work with Staff to help determine each division’s equipment storage space needs. 3. Travel with Staff to tour other Public Works facilities within the Region. 4. Provide options of potential space layout for each division. 5. Look at each division’s needs and how it can be incorporated into the overall Department’s best interest. 6. Help guide the process of determination of exterior space needs for material storage for each division. 7. Look at current needs and provide options on the ability to expand building spaces for future needs. 8. Help provide options on if some or all buildings & land the City owns that may be used to supplement the Department’s overall operations. 9. Provide a recommendation on overall size requirements for land needs and look at currently City owned spaces, to help determine if they may work for the Department’s long term ability to provide adequate services. 10. Preliminary Estimates for building and site construction costs. Deadline for Proposal Completed proposals will be submitted to the Public Works Director’s Office, at 123 S Lincoln, or emailed directly to: robin.bobzien @aberdeen.sd.us, no later than 5:00 P.M., February 10, 2023. Office phone: 605-626-7010 01/17/2023 Page 14 of 119  January 17, 2023 01/17/2023 Page 15 of 119 01/17/2023 Page 16 of 119 01/17/2023 Page 17 of 119 01/17/2023 Page 18 of 119 01/17/2023 Page 19 of 119 01/17/2023 Page 20 of 119 01/17/2023 Page 21 of 119  City of Aberdeen Request for Council Action 6A Agenda Item Meeting January 17, 2023 No. Date: (Second reading) Agenda Section Old Business Originating City Manager Dept.: Ord. / Res. Ordinance No. 23-01-02 Prepared by: City Attorney No. of 1 Presented City Manager Attachments by: Item: Possible second reading of ordinance amending the City Code regarding required sidewalks. City Manager’s Proposed Action: Motion by ___________, second by _________ to approve second reading and final adoption of Ordinance No. 23-01-02. Overview: Sec. 46-127 was amended in 2018 and requires sidewalks to be constructed with new construction, when lots are replatted, and in places with gaps in sidewalks. Those changes have served the public but there remains the occasional problem of the ordinance requiring construction of a sidewalk that will not connect to any other sidewalk in the foreseeable future and has little or no pedestrian traffic. The proposed amendment to Sec. 46-128(b) will allow the Council to grant an extension of the requirement if it finds that the sidewalk will not connect to another sidewalk within 5 years and is not a public necessity. Staff recommends approval of the ordinance. Primary Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: None Attachments: 1. Ordinance No. 23-01-02 {00086179.DOCX / 1} Page 1 of 1 Council Action Request – Ordinance No. 19-09-__ 01/17/2023 Page 22 of 119 Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 23-01-02 AN ORDINANCE AMENDING THE ABERDEEN CITY CODE REGARDING REQUIRED SIDEWALKS WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and WHEREAS, the City Council has determined that the following ordinance will protect the health, safety, and property of its citizens. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Sec. 46-128 of Chapter 46 – STREETS, SIDEWALKS AND OTHER PUBLIC PLACES is hereby amended with strikethrough indicating text to be deleted, underline indicating text to be added, and the remainder of the Chapter to be left unaffected: Sec. 46-128. - Extensions to construct sidewalks. (a) Any owner of real estate subject to section 46-1271 may apply to the city engineer for an extension of time in which to construct such sidewalk beyond the time required 1 Sec. 46-127. Sidewalks required on adjoining right-of-way. Upon real estate within the city limits where sidewalks do not exist upon the public right-of-way immediately adjacent to the real estate and where the city engineer determines space is available within such right-of-way upon which to construct a sidewalk: (1) New residential and commercial construction. Any owner of such real estate upon which is to be built a new residence or new commercial construction shall have constructed within 18 months after the issuing of the building permit for such construction sidewalks meeting the specifications contained in section 48-127(e). All other new residential and all new commercial construction must have such sidewalks that conform to section 48-127(e) prior to being issued a certificate of occupancy. (2) Replatted lots. Any owner of such real estate of which any portion was replatted after February 9, 2018, shall have constructed within five years of the date the plat is filed for record with the register of deeds sidewalks adjacent to lots and unimproved public rights-of-way meeting the specifications Page 1 of 3 01/17/2023 Ordinance No. 23-01-02 Page 23 of 119 in section 46-127; provided that no extension may be granted for any length of time greater than an additional 12 months, and provided that such owner submits a suitable bond as security for the construction of such sidewalk. (b) Any owner of real estate subject to section 46-127 may apply to the city council for a longer extension of time; provided that to construct such sidewalk. Such extension may only be granted upon a finding that: (1) tThere does not exist at the time of construction, or will not exist within 12 months after construction, curb and gutter on the public right-of-way immediately adjacent to the lot upon which such construction is to be conducted; or. (2) The sidewalk will not connect to an adjoining sidewalk within 5 years from the date of application to the city council and is not convenient or necessary for public use. (c) Any extension of time longer than 5 years shall terminate upon a transfer of the property to another person. The minutes of any meeting wherein an extension is granted by the city council may be recorded with the register of deeds against such real property. However, notwithstanding the grant of an extension herein, the city council, upon a later finding of public convenience and necessity and notice to construct sidewalks, may require any owner of real estate to have constructed, within the time designated in the notice, sidewalks meeting the specifications contained in section 48-127(e). 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 and footnotes omitted. This ordinance shall become effective twenty (20) days after the completed publication, unless the referendum is invoked. contained in section 48-127(e). Every plat of real estate subject to this provision shall be approved by city officials after determining compliance with the subdivision regulation regarding sidewalks adjoining approved public streets. (3) Missing links. Notwithstanding the provisions of subsection (2) of this section, where sidewalks exist upon the right-of-way immediately adjacent to a lot which abuts real estate without sidewalks, the city council, upon a finding of public convenience and necessity and notice to construct sidewalks, may require any owner of such real estate to have constructed within the time designated in the notice sidewalks meeting the specifications contained in section 48-127(e). A finding of public convenience and necessity shall take into consideration patterns of use or potential use of the right-of-way by pedestrians and vehicles, the proximity of the right-of-way to schools, churches, public facilities, and arterial streets, and any other factors deemed relevant by the city council. (4) Assessment of costs. The city may cause the construction of a sidewalk if any owner fails to construct the sidewalk as required in this article and assess the costs therefor as provided under SDCL ch. 9-46 (SDCL 9-46-1 et seq.). Page 2 of 3 01/17/2023 Ordinance No. 23-01-02 Page 24 of 119  Travis Schaunaman, Mayor ATTEST: Jordan McQuillen, Finance Officer Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: Page 3 of 3 01/17/2023 Ordinance No. 23-01-02 Page 25 of 119  City of Aberdeen Request for Council Action 6B Agenda Item No. Meeting Date: January 17, 2023 (Second reading) Agenda Section Old Business Originating City Attorney Dept.: Ord. / Res. Ordinance No. 23-01-03 Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Possible second reading and final adoption of ordinance amending the City Code regarding the definition of “owner”. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve second reading and final adoption of Ordinance No. 23-01-03. Overview: The provision of municipal services and enforcement of the City Code frequently require City officials to determine ownership of the subject property and to deal with persons who are claiming or denying ownership. A question often confronted by the code enforcement officer, finance office staff, or animal control officer is “Who is legally entitled to receive notice of, or able to consent to, official action regarding the subject property?” The proposed amendment to the definition of “owner” at Sec. 1-2 better defines the categories of persons who may be considered lawful owners of property. The City Attorney recommends approval of the ordinance. Primary Issues/Alternatives to Consider: None Budgetary/Fiscal Issues: None Attachments: 1. Ordinance No. 23-01-03 {00086181.DOCX / 1} 01/17/2023 Page 26 of 119 Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 23-01-03 AN ORDINANCE AMENDING THE DEFINITION OF OWNER IN CHAPTER 1 – GENERAL PROVISIONS OF THE ABERDEEN CITY CODE WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens, and does so in part through adoption of the Aberdeen City Code, including its definitions and general provisions; and WHEREAS, the City Council has determined that the following ordinance will protect the health, safety, and property of its citizens. BE IT ORDAINED BY THE CITY OF ABERDEEN THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE: 1. Sec. 1-2 of CHAPTER 1 – GENERAL PROVISIONS is hereby amended as follows with strikethrough indicating text to be deleted, underline indicating text to be added, and the remainder of the Chapter to be left unaffected except as otherwise set forth in this ordinance: Sec. 1-2. Definitions and rules of construction. The following definitions and rules of construction shall apply to this Code and to all ordinances and resolutions unless the context requires otherwise: ... Owner. The term "owner," as applied to property, means a person who may consent to, or receive notice of, any action under this Code involving the property, and includes : (1) aAny part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or part of such property.; Page 1 of 2 01/17/2023 Page 27 of 119 Ordinance No. 23-01-03__  (2) Any grantee in the last deed of conveyance of the lot or parcel of land recorded in the office of the county register of deeds, or heirs or successors1; (3) Any buyer of the lot or parcel of land under a contract for deed recorded in the office of the county register of deeds, or heirs or successors; and (4) Any person in possession of personal property for which a title certificate is not required and evidence of ownership through a bill of sale or similar document is not readily available. ... 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 and footnotes omitted. This ordinance shall become effective twenty (20) days after the completed publication, unless the referendum is invoked. Travis Schaunaman, Mayor ATTEST: Jordan McQuillen, Finance Officer Passed First Reading: Passed Second Reading: Final Adoption: Published: Effective Date: 1 SDCL § 9-1-1(7) defines “owner”, as used in the chapters relating to local improvements, as “the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or his heirs or successors.” Page 2 of 2 01/17/2023 Page 28 of 119 Ordinance No. 23-01-03__  7A 01/17/2023 Page 29 of 119 01/17/2023 Page 30 of 119 01/17/2023 Page 31 of 119 01/17/2023 Page 32 of 119 01/17/2023 Page 33 of 119 01/17/2023 Page 34 of 119 01/17/2023 Page 35 of 119 01/17/2023 Page 36 of 119 01/17/2023 Page 37 of 119 01/17/2023 Page 38 of 119  7B 01/17/2023 Page 39 of 119 01/17/2023 Page 40 of 119 01/17/2023 Page 41 of 119 01/17/2023 Page 42 of 119 01/17/2023 Page 43 of 119 01/17/2023 Page 44 of 119 01/17/2023 Page 45 of 119 01/17/2023 Page 46 of 119 01/17/2023 Page 47 of 119  7C1 01/17/2023 Page 48 of 119 01/17/2023 Page 49 of 119 01/17/2023 Page 50 of 119  7C2 01/17/2023 Page 51 of 119 01/17/2023 Page 52 of 119 01/17/2023 Page 53 of 119  7C3 01/17/2023 Page 54 of 119 01/17/2023 Page 55 of 119 01/17/2023 Page 56 of 119  7D1 01/17/2023 Page 57 of 119 01/17/2023 Page 58 of 119 01/17/2023 Page 59 of 119 01/17/2023 Page 60 of 119  7D2 01/17/2023 Page 61 of 119 01/17/2023 Page 62 of 119 01/17/2023 Page 63 of 119  8A 01/17/2023 Page 64 of 119 01/17/2023 Page 65 of 119 01/17/2023 Page 66 of 119 01/17/2023 Page 67 of 119 01/17/2023 Page 68 of 119 01/17/2023 Page 69 of 119 01/17/2023 Page 70 of 119 01/17/2023 Page 71 of 119 01/17/2023 Page 72 of 119 01/17/2023 Page 73 of 119 01/17/2023 Page 74 of 119 01/17/2023 Page 75 of 119 01/17/2023 Page 76 of 119 01/17/2023 Page 77 of 119 01/17/2023 Page 78 of 119 01/17/2023 Page 79 of 119 01/17/2023 Page 80 of 119 01/17/2023 Page 81 of 119 01/17/2023 Page 82 of 119 01/17/2023 Page 83 of 119 01/17/2023 Page 84 of 119 01/17/2023 Page 85 of 119 01/17/2023 Page 86 of 119 01/17/2023 Page 87 of 119 01/17/2023 Page 88 of 119 01/17/2023 Page 89 of 119 01/17/2023 Page 90 of 119 01/17/2023 Page 91 of 119 01/17/2023 Page 92 of 119 01/17/2023 Page 93 of 119 01/17/2023 Page 94 of 119 01/17/2023 Page 95 of 119 01/17/2023 Page 96 of 119 01/17/2023 Page 97 of 119 01/17/2023 Page 98 of 119 01/17/2023 Page 99 of 119 01/17/2023 Page 100 of 119 01/17/2023 Page 101 of 119 01/17/2023 Page 102 of 119 01/17/2023 Page 103 of 119 01/17/2023 Page 104 of 119 01/17/2023 Page 105 of 119 01/17/2023 Page 106 of 119 01/17/2023 Page 107 of 119 01/17/2023 Page 108 of 119 01/17/2023 Page 109 of 119 01/17/2023 Page 110 of 119 01/17/2023 Page 111 of 119 01/17/2023 Page 112 of 119 01/17/2023 Page 113 of 119 01/17/2023 Page 114 of 119 01/17/2023 Page 115 of 119 01/17/2023 Page 116 of 119 01/17/2023 Page 117 of 119 01/17/2023 Page 118 of 119 01/17/2023 Page 119 of 119