Aberdeen City Council

18667 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, July 22, 2024, 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, Rich Ward, Justin Reinbold, Tiffany Langer via teleconference, David Novstrup, and Mayor Travis Schaunaman. Council member Alan Johnson was absent. City Staff present were Robin Bobzien, Ron Wager, Stuart Nelson, Eric Miller, Joel Weig, Dave McNeil, Dawn Thorstenson and Jordan McQuillen. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Motion by Reinbold, second by Novstrup to approve the agenda. Voice vote to approve, all present voting aye, motion carried. MINUTES Motion by Liebelt, second by Ward, to approve the minutes of the July 15, 2024, City Council Meeting, as circulated. Voice vote to approve, all present voting aye, motion carried. OPEN FORUM Representative Carl Perry appeared at open forum to discuss ballot items that will appear on the November ballot. CONSENT CALENDAR Motion by Ronayne, second by Novstrup, to approve the following items on the consent calendar: LOTTERY NOTICES: 1. Brown County Democrats, split pot raffle on July 28, 2024, and 2. PAAWS for Lite, lottery/raffle on August 6, 2024 MINUTES – RECEIVE AND PLACE ON FILE: 1. Aberdeen Airport Board Meeting on June 6, 2024, 2. City Planning Commission Meeting on May 21, 2024, 3. K.O. Lee Library Board Meeting on June 4, 2024, and 4. Parks & Rec Board Meeting on May 8, 2024, 5. Board of Zoning Adjustment Meeting on June 13, 2024 NEW TAXICAB DRIVER LICENSE: Amanda Herrald NEW RESIDENTIAL BUILDING CONTRACTORS LICENSE: Terese Thielen of  18668 Lightning Exteriors SET PUBLIC HEARING FOR AUGUST 5, 2024, AT 5:30 P.M. for a Special One- Day Retail On-Sale Liquor License for the Aberdeen Area Chamber of Commerce’s Business After Hours Event on August 8, 2024, at Forte of Aberdeen, 1004 27th Ave NE (change of location from previous approval on April 1, 2024) SET HEARING DATE OF AUGUST 19, 2024, AT 5:30 P.M. – petition to vacate public right-of-way property described as The east 174.3’ of the 66’ wide Twenty-Fifth Avenue NE Public R.O.W., adjacent to lots 15 & 16, Gugel’s Second Subdivision, Lot 2, Block 4, Meadows on Dakota Second Subdivision, Lot 1, Levee Addition, and Levee Lot 1 of Baird's Subdivision, all located in the S½ of Section 6-T123N-R63W of the 5th P.M., Brown County, South Dakota Voice vote to approve, all present voting aye, motion carried. NEW BUSINESS APPROVAL OF THE APPOINTMENT OF JENNIFER SLAIGHT-HANSEN TO THE BOARD OF ZONING ADJUSTMENT AS AN ALTERNATE MEMBER BEGINNING AUGUST 8, 2024 City Planner Eric Miller presented the appointment on behalf of Community Development Director Ken Hubbart. Motion by Ronayne, second by Novstrup, to approve the appointment of Jennifer Slaight-Hansen to the Board of Zoning Adjustment as an alternate member beginning August 8, 2024. Roll call vote to approve, all present voting aye, motion carried. APPROVAL OF THE APPOINTMENT OF LYNN LANDER TO THE BOARD OF ZONING ADJUSTMENT AS AN ALTERNATE MEMBER BEGINNING AUGUST 8, 2024 City Planner Eric Miller presented the appointment on behalf of Community Development Director Ken Hubbart. Motion by Reinbold, second by Novstrup, to approve the appointment of Lynn Lander to the Board of Zoning Adjustment as an alternate member beginning August 8, 2024. Roll call vote to approve, all present voting aye, motion carried. PUBLIC HEARING AND POSSIBLE APPROVAL OF SPECIAL ONE-DAY RETAIL ON-SALE LIQUOR LICENSES FOR STACY GOSSMAN DBA FLYING PIG, RETAIL LIQUOR LICENSE NUMBER 5733 OF BROWN COUNTY, 5759 E HWY 12, ABERDEEN, SOUTH DAKOTA FOR THE FREUDENTHAL WEDDING AT WYLIE PAVILION, 2306 24TH AVE NW, ON AUGUST 31, 2024 Mayor Schaunaman opened the public hearing on the special one-day retail on-sale  18669 liquor license. Motion by Ronayne, second by Reinbold, to approve the Special One-Day Retail On-Sale Liquor Licenses for Stacy Gossman dba Flying Pig, Retail Liquor License number 5733 of Brown County, 5759 E HWY 12, Aberdeen, South Dakota for the Freudenthal Wedding at Wylie Pavilion, 2306 24th Ave NW, on August 31, 2024. Voice vote to approve, all present voting aye, motion carried. APPROVAL OF RESOLUTION NO. 24-07-03R, DECLARING AS SURPLUS PROPERTY THE NORTH 70 FEET OF THE SOUTH 130 FEET OF THE REAL PROPERTY DESCRIBED AS DRAINAGE LOT S TO THE CITY OF ABERDEEN AND DIRECTING DISPOSAL OF SUCH SURPLUS PROPERTY ACCORDING TO STATE LAW City Manager Robin Bobzien and City Attorney Ron Wager presented the resolution. Motion by Ronayne, second by Reinbold, to approve Resolution No. 24-07-03R, declaring as surplus property the north 70 feet of the south 130 feet of the real property described as Drainage Lot S to the City of Aberdeen and directing disposal of such surplus property according to State law. Roll call vote to approve, all present voting aye, motion carried. Moreover, an appointment of three (3) appraisers: Karl Alberts, Al Ruhlman and Craig Mickelson. Motion by Ronayne, second by Reinbold to appoint the appraisers. Roll call vote to approve with Fouberg abstaining, all present voting aye, motion carried. Council member Langer joined the meeting in person at 5:56 p.m. APPROVAL OF PAY REQUEST #2 FOR CONC-2024-4 (ACCESSIBLE SIDEWALK QUADRANTS), IN THE AMOUNT OF $12,199.01 TO CWF CONCRETE & MASONRY OF ABERDEEN, SD City Engineer Stu Nelson presented the pay request. Motion by Ronayne, second by Ward, to approve Pay Request #2 for CONC-2024-4 (Accessible Sidewalk Quadrants), in the amount of $12,199.01 to CWF Concrete & Masonry of Aberdeen, SD. Roll call vote to approve, all present voting aye, motion carried. APPROVAL OF PAY REQUEST #2 FOR CONC-2024-1 (STREET MAINTENANCE CONCRETE REPAIR) IN THE AMOUNT OF $109,488.15 TO CWF CONCRETE & MASONRY OF ABERDEEN, SD AND CHANGE ORDER 1 IN THE AMOUNT OF $71,950.90 City Engineer Stu Nelson presented the pay request. Motion by Reinbold, second by Novstrup, to approve Pay Request #2 for CONC-2024-1 (Street Maintenance Concrete Repair) in the amount of $109,488.15 to CWF Concrete & Masonry of Aberdeen, SD and Change Order  18670 1 in the amount of $71,950.90. Roll call vote to approve, all present voting aye, motion carried. APPROVAL OF RESOLUTION 24-07-04R DISSOLVING TAX INCREMENT FINANCING DISTRICT NUMBER 14 Finance Officer Jordan McQuillen presented the resolution. Motion by Liebelt, second by Langer, to approve Resolution 24-07-04R dissolving Tax Increment Financing District Number 14. Roll call vote to approve, all present voting aye, motion carried. AUTHORIZATION OF COUNCIL MEMBER TO DERIVE A DIRECT BENEFIT FROM A CONTRACT WITH THE CITY IN EXCESS OF THE AMOUNT SET FORTH AT SEC. 2-2(B) Council member Langer left the dais and presented from the audience area her request to derive a direct benefit from a contract with the City in excess of the $5,000 amount set forth at City Code Sec. 2-2(b). Langer left Council Chambers after responding to questions from the Council. Thereafter, Dawn Thorstensen, a supervisor at Storybook Land, provided information and answered questions of the Council. Council discussion followed. Motion by Liebelt, second by Ward, to authorize Langer, pursuant to Sec. 2-2(f), to have an interest in a contract and to receive a direct benefit from a contract for the sale of Storybook Land- themed apparel to the Aberdeen Parks, Recreation, and Forestry Department in an amount greater than $5,000 or multiple contracts in an amount greater than $5,000 within a 12-month period, such authorized excess amount to be not more than $5,000; it being the finding of the Council (a) that Councilwoman Langer provided full written disclosure of all parties to the contract, her role in the contract, the purpose or objective of the contract, the consideration or benefit conferred or agreed to be conferred upon each party, and the duration of the contract; and (b) that the terms of the contract are fair, reasonable, and not contrary to the public interest. Roll call vote to approve with Langer abstaining, Ronayne voting no, and all other present voting aye, motion carried. Langer thereafter returned to Council Chambers and resumed her seat on the dais. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL Motion by Liebelt, second by Reinbold to approve payment of the bills listed for July 22, 2024. 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: Aberdeen Chamber Of Commerce 15.00, Marco Technologies LLC 86.56, Brown County Landfill 17.28, Aberdeen News 704.05, Dakota  18671 Doors Incorporated 86.73, Jensen Rock & Sand Inc. - Mo 2,409.00, Hach Co. 832.32, Direct Automation LLC 9,933.86, Auto Value Parts/Hedahls 94.48, House of Glass Inc. 1,522.00, Inman Irrigation 142.06, SD Redbook Fund 206.76, Ken's Alignment Auto Srvc 35.26, Kesslers Inc. 70.25, Lawson Products Inc. 686.72, Mac's Inc. 141.00, Sanford Health Occupation 6,160.00, Dakota Supply Group 27.17, Graymont (WI) LLC 26,024.00, Midstates Group 1,271.00, Crawford Trucks & Equipment 686.43, Totally Tubular Mfg. 27.10, Brad Orr 108.00, Homes Are Possible Inc. 569,008.95, Olson's Pest Technicians 410.00, Macqueen Emergency Group 1,208.98, Dependable Sanitation 1,101.38, Aberdeen Community Theatre 15,000.00, M&T Fire & Safety Inc. 159.27, Foerster Testing 1,740.00, B&H Photo-Video 2,061.58, Service Signs Inc. 494.90, Climate Control 2,621.84, Pierson Ford-Lincoln-Mercury 481.95, Northern Valley Communications 826.22, Otis Elevator Company 8,263.18, Towing Plus 225.00, Fire Safety First 361.00, Century Business Products 24.91, Menards Inc. 289.62, Aqua Pure Inc. 350.00, McQuillen Creative Group 602.00, Borns Group 6,440.72, Killoran Trucking & Brokerage 39,869.76, Tyler Technologies 93,892.28, David's Lawn & Snow 40.00, Atco International 677.00, L&T Lawn Care LLC 212.50, Galls Inc. 738.24, Vessco Inc. 569.85, MVTL Laboratories Inc. 1,278.00, Vestis Group Inc. 434.74, Morrison Construction 21,608.64, US Bank Corp St Paul 600.00, Sanitation Products Inc. 2,143.93, Geffdog Designs 4,685.82, Cooper Animal Clinic P.C. 155.48, Diamond Dry Cleaning 38.00, Stryker Sales Corp 2,900.70, Napa Central 417.37, James Valley Coop Telephone Co. 35.05, CWF Masonry & Construction 121,687.15, Haar Plumbing & Heating 613.89, Runnings Supply Inc. #14 427.14, Ultimate Graphics 813.00, Interstate Battery 437.85, Verizon Wireless 205.78, Benco Equipment 660.00, Hub Auto 649.06, Indelco Plastics Corporation 863.40, Lynn, Jackson, Shultz 1,527.50, Tj's Event Toilets LLC 265.00, Prevention Magazine 195.00, Wellmark BCBS 275,000.00, Northwestern Energy 175,000.00, Northern Electric 10,000.00, Constellation NewEnergy 50,000.00, Elavon Merchant Services 500.00, Paymentech LLC 4,000.00, United Parcel Service 1,000.00, Dacotah Bank 150.00, Utility Refunds 209.23: Bridgette Weisenburger 32.94, Rusty Flack 47.46, Dale Orth 48.10, Nadialy Marrero 33.88, Rusty Flack 46.85 Payroll for the period from July 14, 2024, through July 27, 2024, and city share of social security, old age & survivor’s insurance, retirement, health and life insurance. Roll call vote to approve with Ronayne abstaining and Fouberg abstaining to Dacotah Bank, all others present voting aye, motion carried. CITY MANAGER’S REPORT  18672 City Manager Robin Bobzien provided an update on the WINS project and city budget, a discussion was had with the downtown BID group for collaboration opportunities, and fire department employees were recognized. EXECUTIVE SESSION Motion by Ronayne, second by Novstrup to move into executive session at 6:41 p.m. to discuss litigation and contract matters, pursuant to SDCL §1-25-2(3). Voice vote to approve, all present voting aye, motion carried. Motion by Ronayne, second by Reinbold, to move out of executive session at 6:54 p.m. Voice vote to approve, all present voting aye, motion carried. ADJOURNMENT There being no further business, motion by Novstrup, second by Langer to adjourn the meeting. Voice vote to adjourn, all present voting aye, motion carried. The meeting adjourned at 6:55 p.m. Prepared by Steven Thithavong for the Finance Office. /s/ Jordan McQuillen, Finance Officer  18673 AMENDED MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, July 22, 2024, at 5:30 p.m., regular meeting of the City Council. Payroll Section of City Council Meeting Minutes of July 22, 2024, as Amended (minutes are amended to include payroll data not available at time of publication). Payroll for the period from July 14, 2024, through July 27, 2024, and city share of social security, old age & survivor’s insurance, retirement, health and life insurance: EFTPS 193,762.34, SDRS 94,583.76, City Health Insurance 91,000.00, City Council 3,521.63, City Manager 8,805.16, City Attorney 7,904.55, Finance 16,272.12, HR 10,035.38, City Hall 2,031.37, Computer 5,494.92, Community Development 16,048.00, Engineering 14,375.92, Police 162,506.11, Fire 146,016.74, Bldg Inspect 6,877.53, Street 43,266.82, Traffic 10,560.90, Solid Waste 35,917.06, Transit 23,173.81, Jack Blaedorn 15.44/hr, Library 32,388.88, Economic Development 2,919.20, Cemetery 8,799.95, Mosquito Control 10,042.02, Meals on Wheels 589.96, PRF Admin 10,770.79, Recreation 39,763.67, ARCC 40,711.63, Aquatic Center 45,587.63, PRF Dome 6,401.38, Senior Center 5,692.11, Parks 38,576.10, Wylie Park 31,337.86, Forestry 12,343.58, Airport 21,357.43, Utility Storm 33,982.33, Water Treatment 23,978.99, Utility Water 2,024.65, Water Reclamation 23,614.65, Utility Sewer 12,429.58, SBL Rides 16,769.17, Concessions 15,884.99, Rec Enterprise 3,787.96, ARCC Enterprise 591.50, Campground 7,592.03, Golf 14,606.05 Roll call vote to approve with Ronayne abstaining and Fouberg abstaining to Dacotah Bank, all others present voting aye, motion carried.