City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session September 6, 2016 Tuesday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, September 6, 2016 at 12:00 noon at the Municipal Service Center on 115 W Duke. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Price, Sorensen, Mayor Powell Absent: Meins, Ward 2. Educational Item – Tour of Municipal Service Center – Pete Jahn and Monty Munkvold Pete Jahn, Street Superintendent and Monty Munkvold, Electric Superintendent, provided a tour of the Municipal Service Center including the electric substation. Pete and Monty answered questions of the City Council on the facility. 3. Briefing on the September 6, 2016 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 4. Adjourn 281-16 Alderman Holland moved to adjourn the Council special session at 12:44 p.m. Alderman Erickson seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 6th day of September, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer 1 Unapproved Minutes City Council Regular Session September 6, 2016 Tuesday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on September 6, 2016 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Mayor Powell Absent: Erickson, Meins, Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of August 15, 2016 Regular Meeting, August 15, 2016 Special Meeting, August 29, 2016 Special Meeting 282-16 Alderman Collier-Wise moved approval of the August 15, 2016 Regular Meeting, August 15, 2016 Special Meeting and August 29, 2016 Special Meeting minutes. Alderman Price seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 283-16 Alderman Price moved approval of the agenda. Alderman Holland seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Proclamation recognizing National Arts in Education Week for 2016 Alderman Sorensen read the proclamation that designated the week of September 11-17, 2016 as “National Arts in Education Week” in Vermillion. B. Proclamation recognizing Direct Support Professionals Recognition Week 2 Alderman Price read the proclamation that designated the week of September 11-17, 2016 as “Direct Support Professionals Recognition Week” in Vermillion. Mayor Powell presented the proclamation to Direct Support Professionals with SESDAC who thanked the Mayor and City Council for the proclamation. 6. Public Hearings A. Special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about September 30 and October 1, 2016 at Ratingen Platz and portions of Market and Main Street for Oktoberfest event Mike Carlson, Finance Officer, reported that an application for a special daily malt beverage and wine license was received from the Vermillion Area Chamber of Commerce and Development Company for Oktoberfest event on or about September 30 and October 1, 2016 at Ratingen Platz and portions of Market and Main Street. Mike reported that the notice of public hearing and Police Chief’s report are included in the packet. Mike noted that the Police Chief reported that there were no incidents with the events held last year noting that this year is at a new location. Mike reported that, as the event will be held on a City street and City property, ordinance allows the City to include “such conditions and restrictions, as the governing body may deem appropriate and consistent with state law.” Mike stated that the request to exceed allowable noise levels and a street closure request are also on this agenda. Mike stated that the VCDC has provided a certificate of Insurance naming the City of Vermillion as an additional insured and provided a Release and Indemnification releasing the City from liability for the event. Mike noted that staff recommends the City Council consider and attach most of the following conditions: 1) Require the applicant identify and utilize a fenced area where alcoholic beverages may be sold and consumed, as well as a plan to monitor the entrances and exits from this area; 2) Require a plan for the cleanup and disposal of the cups and other materials after the event; 3) Provide restroom facilities; 4) Hours of sale may be limited. The noise permit states that the hours will be from 5:00 p.m. to 11:00 p.m. and the street closing request is from 4:00 p.m. to 11:00 p.m. and, as such, the sale hours could be restricted to that time period. Mike noted that the Police Chief’s report indicated that a fenced area would be used with staff monitoring all egress points and wristbands would be used to identify those of age. Mike noted that representatives of the VCDC are present to answer any questions. 284-16 Alderman Holland moved approval of the special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and 3 Development Company for Oktoberfest event on or about September 30 and October 1, 2016 at Ratingen Platz and portions of Market and Main Street with the conditions listed above with sales hours from 4:00 p.m. to 11:00 p.m. each day. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. B. Special permit to exceed permissible sound levels for the Vermillion Area Chamber of Commerce and Development Company on or about September 30 and October 1, 2016 at Ratingen Platz and portions of Market and Main Street for Oktoberfest event Mike Carlson, Finance Officer, reported that an application to exceed permissible sound levels by no more than 50% was received from the Vermillion Area Chamber of Commerce and Development Company on or about September 30 and October 1, 2016 at Ratingen Platz and portions of Market and Main Street for Oktoberfest event. Mike stated that the application and notice of hearing are included in the packet. Mike noted that this is a new location from last year and recommended approval. 285-16 Alderman Collier-Wise moved approval of the special permit to exceed permissible sound levels by no more than 50% for the Vermillion Area Chamber of Commerce and Development Company on or about September 30 and October 1, 2016 at Ratingen Platz and portions of Market and Main Street for Oktoberfest event. Alderman Holland seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. First Reading of Ordinance 1345 – Cable Franchise Agreement with Midco John Prescott, City Manager, reported that the current cable franchise ordinance was adopted in 1999 and provided for a 15-year nonexclusive franchise agreement for cable television services. John noted that the original franchise agreement was signed with Zylstra Communications Corporation but has been transferred several times since 1999 and is currently held by Midco. John noted that the ordinance also provided for two one year extensions that were granted by the City Council. John reported that discussions have been ongoing with Midco the last couple of years to develop the proposed draft franchise. John noted that a draft of the franchise was presented to the Utilities Committee at their meeting on Wednesday, July 20, 2016 and major points were reviewed and discussed. John noted that the Utilities Committee 4 reported at the August 1, 2016 meeting with a recommendation to approve. John stated that the draft ordinance was posted on the City web site for review. John reported on the major items of the nonexclusive cable franchise ordinance. Dan Nelson, representing Midco, thanked the City for updating the cable franchise noting that the ordinance is nonexclusive. Dan answered questions of the City Council on the cable service and franchise. 286-16 Mayor Powell read the title to the above mentioned Ordinance and Alderman Collier-Wise moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1345 entitled An Ordinance Related to Re-Authorizing the Grant of Cable Communications Franchise in the City Of Vermillion; Setting Forth Conditions Accompanying the Grant of the Franchise of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 6th day of September, 2016 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Holland. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 6 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. B. Request to close W. Main Street from the alley-way between Mead Lumber Company and CorTrust Bank to Prospect Street and Market Street from Main Street south one half block from 4:00 p.m. until 11:00 p.m. for the 2nd Annual Oktoberfest celebration on Friday, September 30 and Saturday, October 1, 2016. Derek Chancellor, Administrative Intern, reported that the Vermillion Area Chamber of Commerce and Development Company has applied for a street closing request for September 30 and October 1 from 4:00 p.m. to 11:00 p.m. each day for OktoberFest events. Derek stated that the closing is for Main Street from the alley way between Mead Lumber Company and CorTrust Bank to Prospect Street and Market Street from Main Street south one half block. Derek stated that the request and diagram are included in the packet. Derek noted that the application indicated that adjoining property owners have been notified and that event staff would be cleaning up. 5 287-16 Alderman Collier-Wise moved approval of the street closing request of the Vermillion Area Chamber of Commerce and Development Company for Main Street from the alley way between Mead Lumber Company and CorTrust Bank to Prospect Street and Market Street from Main Street south one half block on September 30 and October 1 from 4:00 p.m. to 11:00 p.m. each day. Alderman Sorensen seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. C. Agreement with FOP #19 for 2016-2018 for eligible Police Department employees John Prescott, City Manager, reported that the Fraternal Order of Police #19 began representation of the Police Officers and Detective in the second half of 2015. John reported that the previous union agreement ended on December 31, 2015. John noted that the City of Vermillion Labor and Finance Committee met several times in 2016 to review progress on negotiating the union agreement with FOP #19. John reported that City staff met with the FOP #19 union representatives on several occasions in 2016 and reached agreement on a proposal within the guidelines established by the Labor and Finance Committee. John reported that the Labor and Finance Committee reported on the progress of negotiations and recommended approval of the agreement at the August 15, 2016 meeting. John reviewed the proposed FOP union agreement items and recommended approval of the union agreement. 288-16 Alderman Collier-Wise moved approval of the union agreement with the Fraternal Order of Police #19 for 2016-2018 representing eligible Police Department employees. Alderman Sorensen seconded the motion. John Cole, representing the FOP #19 union, wanted to thank the City Council and City Manager for their consideration on the proposed agreement. Motion carried 6 to 0. Mayor Powell declared the motion adopted. D. Review and use of malt beverage markup receipts collected, proposal to use funding during 2017 budget year, and public input on continuation of the wholesale license fee John Prescott, City Manager, reported that, during the development of the ordinance to implement a 5% markup on the wholesale cost of malt beverages, staff included an annual update to the community in the proposal. John stated that license holders were provided notice that this item was included on tonight’s agenda. John stated that the ordinance implementing the 5% markup on the wholesale cost of malt beverages became effective on July 1, 2015. John reported that for the six months of 2015 the revenue was $64,188.47 and that for the first 6 eight months of 2016 the revenue was $78,441.74. John reported that all of the proceeds from the collection in the revised 2016 budget and proposed 2017 budget were placed in the Prentis Park Debt Service fund to repay the general obligation bond that was issued for park improvements. John stated that the City Council should receive public input on the continuation of the wholesale license fee. Discussion followed on the markup. 289-16 Alderman Price moved to close the public input on the malt beverage markup and continue the wholesale license fee with the proceeds being used to retire the general obligation bond issued for Prentis Park improvements. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. E. First Reading of Ordinance 1346 – 2017 Appropriations John Prescott, City Manager, reported that the proposed budget was presented to the City Council on August 1st and the Council held hearings to review the budget on August 10th and 11th. John thanked the City Council for the time spent meeting with all the departments to refine the budget. John reviewed some of the major items that are included in the 2017 budget ordinance. Discussion followed on the budget. 290-16 Mayor Powell read the title to the above mentioned Ordinance and Alderman Humphrey moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1346 entitled An Ordinance Adopting the 2017 Budget Ordinance of the City of Vermillion of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 6th day of September, 2016 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Collier-Wise. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 6 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. F. First Reading of Ordinance 1347 – 2016 Revised Appropriations John Prescott, City Manager, reported that the City Council adopted the 2016 budget in September 2015 and, during the 2017 budget process, the 7 2016 budget amounts were revised based upon information that is currently available. John reviewed some of the major changes to the 2016 budget amounts, noting that there will most likely be a supplemental budget needed later this year for items that will change between now and the end of the year. John answered questions on the revised budget. 291-16 Mayor Powell read the title to the above mentioned Ordinance and Alderman Collier-Wise moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1347 entitled An Ordinance Adopting the 2016 Revised Budget Ordinance of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 6th day of September, 2016 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Holland. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 6 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. G. Final Plat of Lot 1, Block 1, Chadima Addition Jose Dominguez, City Engineer, reported that a plat was received for property owned by Chadima Enterprises located on the north side of 317th Street. Jose stated that the new lot is 1.7 acres in size and is zoned to allow the proposed use. Jose reported that the plat falls within the Joint Jurisdictional Zoning Area which requires the review and recommendation by the County’s Planning Commission. Jose reported that the County’s Planning Commission reviewed the plat at their August 29th meeting and recommended approval to the City Council. Discussion followed. 292-16 After reading the same once, Alderman Holland moved approval of the following plat: WHEREAS IT APPEARS that the owners thereof have caused a plat to be made of the following described real property: Lot 1, Block 1, Chadima Addition to the City of Vermillion, Clay County, South Dakota for approval. 8 BE IT RESOLVED that the attached and foregoing plat has been submitted to and a report and recommendations thereon made by the Clay County Planning Commission to the City Council of Vermillion which has approved the same. BE IT FURTHER RESOLVED that the attached and foregoing plat has been submitted to the Governing Body of the City of Vermillion which has examined the same, and it appears that the systems of streets and alleys set forth therein conforms to the system of streets and alleys of the existing plat of such city, and that all taxes and special assessments, if any, upon the tract or subdivision have been fully paid and that such plat and survey thereof have been executed according to law, and the same is hereby accordingly approved. The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. H. 115kV Substation Improvements Project Final Documents Shane Griese, Utility Manager, reported that in April of 2014 the City Council awarded the Harold K. Scholz Company the 115kV Substation Improvement Project. Shane noted that the project was to improve reliability of the electrical system as well as upgrading existing equipment at the main substation located at the Municipal Service Center on W. Duke Street. Shane stated that the project, initially anticipated to be completed in late 2014, was delayed for different reasons during the life of the contract, but the main delay was due to construction issues with the new building constructed to house the electrical equipment. Shane stated that the project has now been completed by Harold K. Scholz Company per contract documents and to the satisfaction of both DGR and City Staff. Shane stated that the original contract was for a total of $743,967.74 but the actual final cost of the project was $720,640.22 providing a savings of $23,327.52. Shane stated that the final payment to Harold K. Scholz Company for $63,064.02 is included in the invoices payable later on the agenda. Shane recommended approval of final documents for the project. Discussion followed. 293-16 Alderman Sorensen moved approval of the final documents for the 115kV Substation Improvement project with contractor Harold K. Scholz Company. Alderman Holland seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 9 I. Resolution authorizing the application for a DENR Grant/Loan for the purchase of a Landfill Dozer Bob Iverson, Solid Waste Director, reported that included in the 2017 budget is the replacement of the 2010 Caterpillar dozer. Bob noted that the current dozer had additional hours as it was used to compact solid waste while the baler was being replaced following the October 2012 landfill fire. Bob stated that funding proposed for the new dozer would be applying for $300,000 of grant/loan funding from South Dakota Department of Environment and Natural Resources and $200,000 of reserves. Bob stated that he will be requesting grant funding and a loan for the balance to be repaid over seven years at 2.25% interest. Bob reviewed the use of the dozer in the landfill operations and answered questions. Bob noted that the grant loan application due date is October 1st with funding notification in January 2017. 294-16 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION AUTHORIZING THE GRANT/LOAN APPLICATION TO DENR FOR LANDFILL WHEREAS, the City of Vermillion is a member of the Joint Powers agreement for the operation of the Vermillion Landfill and an integrated solid waste system; and WHEREAS, the organization serves the solid waste disposal and recycling needs of the residents of Clay and Yankton Counties along with other areas of the region; and WHEREAS, the City of Vermillion is the member that is responsible for the operation of the Vermillion Landfill; and WHEREAS, it has been determined that there is a need for replacement of the landfill dozer and related equipment at the Vermillion Landfill; and WHEREAS, the 2017 budget adopted by the Vermillion City Council included the purchase of said equipment to be funded by grant/loan and local funds; NOW, THEREFORE, BE IT RESOLVED that a grant/loan application requesting funds of $300,000 and $200,000 of solid waste department funds, for a total project of $500,000, be submitted to the South Dakota Department of Environment and Natural Resources Regional Landfill Fund for assistance and the City Manager be authorized to execute the application on behalf of the City of Vermillion. 10 Dated at Vermillion, South Dakota this 6th day of September, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY__________________________________ Michael D Carlson, Finance Officer The motion was seconded by Alderman Holland. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. J. Permit for consumption but not sale on Friday, September 16, 2016 from 7:00 p.m. to 9:00 p.m. for Edith B. Siegrist Vermillion Public Library at 18 Church for “Books & Brews” event Mike Carlson, Finance Officer, reported that Susan Heggestad, on behalf of the Vermillion Public Library, has requested a permit to consume alcoholic beverages on public property for a “Books & Brew” event at the Edith B. Siegrist Vermillion Public Library garden behind the library from 7:00 p.m. to 9:00 p.m. on September 16, 2016. Mike noted that, if the weather does not cooperate, the event will be held in the Kozak Room. Mike stated that a copy of the request and information on the event was included in the packet. Mike noted that the City Council previously approved a consumption request for May 20th, June 17th, July 15th and August 19th with no incidents reported. Mike reported that state statute provides that the Governing Body of a municipality may permit the consumption, but not sale, of any alcoholic beverage on property owned by the public. 295-16 Alderman Collier-Wise moved approval of the permit for consumption but not sale on public property for a “Books & Brew” event at the Edith B. Siegrist Vermillion Public Library garden behind the Library or the Kozak Room from 7:00 p.m. to 9:00 p.m. on September 16, 2016. Alderman Holland seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. Alderman Collier-Wise wanted to invite the community to the library on September 16th from 7:00 p.m. to 9:00 p.m. to meet the new Library Director, Dan Burniston. 11 K. Resolution fixing the time and place for a hearing and notice of hearing to levy special assessments for nuisance abatement Mike Carlson, Finance Officer, reported that, as part of the nuisance abatement process, the City incurred costs for tagging, hiring contractors to mow or remove the snow and remove debris. Mike reported that the State statute provides for the special assessment of these costs and requires that the City Council set a public hearing date, notify the property owners by sending notice and publishing the notice of hearing. The resolution will set a public hearing date of September 19, 2016 and provides for notice to the property owners. Discussion followed. 296-16 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION FIXING THE TIME AND PLACE FOR A HEARING AND NOTICE OF HEARING ON THE SPECIAL ASSESSMENT ROLL FOR NUISANCE ABATEMENT IN THE CITY OF VERMILLION, SOUTH DAKOTA WHEREAS a special assessment roll was filed in the office of the City Finance Officer of the City of Vermillion, Clay County, South Dakota on the 6th day of September, 2016 for the abatement of public nuisance to be levied against the property abutting upon: NUISANCE ABATEMENT Name Legal/Location Corrective Action Amount Doug L. Akins 15720-05100-020-00 snow tagging 11/23/2015 10.60 Lots 1 & 2 Blk 51 Snyders grass tagging 5/10/2016 10.60 226 High grass tagging & mowing 5/23/2016 103.84 grass tagging & mowing 6/17/2016 98.52 grass tagging 7/8/2016 53.25 Apostolic Faith Church 15050-06200-090-00 grass tagging & removal 8/14/2015 74.20 Contract For Deed W 71' Of N 1/2 Of Lot 8 & snow tagging & removal 2/9/2016 84.80 Dennis A. Klein W 71' Of Lot 9 Blk 62 grass tagging & removal 5/2/2016 76.85 Bigelows Addn 23 N Harvard Raymond Gill Jr. 15170-00100-030-00 grass tagging & removal 7/30/15 95.40 S 18' Of Lots 1 & 2 & N 32' Of grass tagging 5/2/16 10.60 Lot 3 Blk 1 College Park grass tagging & removal 5/20/16 98.51 12  15 Linden Alice I Kutilek 15720-04100-120-00 grass tagging & removal 7/17/15 95.40 Revocable Trust Lot 12 Blk 41 Snyders grass tagging & removal 8/27/15 116.60 119 Franklin snow tagging & removal 2/9/16 84.80 grass tagging & removal 5/10/16 98.05 grass tagging & removal 6/10/16 119.81 grass tagging & removal 7/8/16 141.11 Alice Kutilek & 15730-08300-020-03 grass tagging & removal 5/2/16 79.50 Sheila Isom S 50' Of E 106.25' Lot 2 Blk 83 Addn To Snyders Addn 420 Franklin Peter Mark & 15860-09251-190-24 grass tagging & removal 7/17/15 169.60 Karin Monzel Lot 1 Replat Of Aud Tract A S grass tagging & removal 9/21/15 135.15 1/2 Lot 2 NW 1/4 19-92-51 Aud grass tagging & removal 5/17/16 76.85 Tract 19-92-51 grass tagging & removal 5/24/16 335.48 601 Lewis Joseph & Arlene G. 15770-09252-140-10 grass tagging & removal 5/17/16 96.73 Radziewicz W 160' Of S 225' & E 73.75' grass tagging & removal 6/10/16 138.45 Of S 150' Of Outlot V-2 grass tagging & removal 7/8/16 159.75 SE 1/4 14-92-52 208 Carr Ronald John Rothschadl Etal 15720-03800-040-00 grass tagging 5/10/16 10.60 %Kristi Hunhoff Lot 4 BLK 38 Snyders grass tagging & removal 5/16/16 253.87 14 Washington Abul Shaifullah 15080-00100-070-00 grass tagging & removal 8/27/15 247.78 Lot 7 Blk 1 Replat Of Blessing snow tagging & removal 1/4/16 76.85 325 Prentis snow tagging 2/9/16 31.80 Timothy & Jane Tilden 15720-06000-010-00 snow tagging & removal 11/24/15 148.40 Lot 1 Blk 60 Snyders grass tagging & removal 5/2/16 76.85 324 N Dakota grass tagging & removal 5/20/16 98.51 13  On various properties as follows: in the City of Vermillion, Clay County, South Dakota, said special assessment being against the property for the corrective action. WHEREAS said assessment roll, now on file in the office of the City Finance Officer of the City of Vermillion, South Dakota, is open for public inspection and is referred to for further particulars. WHEREAS said assessment roll shows: The name of the owner(s) of each lot to be assessed as shown by the assessment rolls of the Director of Equalization; A description by lot, block, and addition, or by metes and bounds of each parcel of land to be assessed, recognizing divisions by deed of platted lots, and obtaining the legal description of land as of the date of the adoption of the Resolution of Necessity for such improvement; The amount assessed against each lot; The number of installments, the rate of interest deferred installments shall bear, and the whole of such assessment or any installment thereof may be paid at any time, and that all installments paid prior to the respective due dates shall be deemed paid in inverse order of their due date; Whenever the word “lot” appears therein, it shall be construed to include tracts and other parcels of land. NOW, THEREFORE, BE IT RESOLVED that 19th day of September, 2016, at the hour of 7:00 p.m. in the City Hall Council Chambers 25 Center Street in the City of Vermillion, Clay County, South Dakota, be and the same is hereby fixed as the time and place for hearing upon said assessment roll. Any interested person may appear and show cause why the Governing Body of the said City of Vermillion, South Dakota should not approve and levy said assessments against the respective premises as set forth in said assessment roll, to defray the costs of the nuisance abatement. BE IT FURTHER RESOLVED that the Finance Officer of the City of Vermillion, Clay County, South Dakota shall be and is hereby authorized and directed to cause this Resolution and Notice to be published in the official newspaper in the City of Vermillion, South Dakota, one week prior to the date set for such hearing. BE IT FURTHER RESOLVED that the Finance Officer of the City of Vermillion, Clay County, South Dakota shall mail a copy of this 14 Resolution and Notice, by first-class mail with postage thereon fully prepaid, addressed to the owner(s) of any property to be assessed for such nuisance abatement at their address as shown by the records of the Director of Equalization. Such mailing shall be done at least one (1) week prior to the date set for said hearing. Dated at Vermillion, South Dakota, this 6th day of September, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA __________________________ John E. (Jack) Powell, Mayor ATTEST: _________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Holland. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 9. Bid Openings A. 2016 Sidewalk Repair Assessment project Jose Dominguez, City Engineer, reported that the sidewalks in the northeast quadrant of the City were inspected in 2015. Jose reported that notices of need to repair were sent to the property owners in 2015 with a deadline to have the permit for repair returned to the City no later than the end of June 2016. Jose stated that these sidewalk improvements will be special assessed against the property owners upon completion. Jose said that bid specifications for the sidewalk repairs were sent to seven potential bidders with four bids received on August 31st. Jose stated that the low bid was from M & M Construction LLC of $21,416 and recommended acceptance of the bid. Bids for sidewalk repairs: M & M Construction, LLC $21,416.00; Walker Construction $23,820.50; Krump Concrete Construction LLC $38,742.00; Masonry Components, Inc $60,650.00 297-16 Alderman Price moved approval of the low bid of M & M Construction LLC of $21,416 for sidewalk repair assessment project for the northeast quadrant. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 15 B. Liquefied Propane Quotes Shane Griese, Utility Manger, reported that the City has an annual consumption of approximately 17,000 gallons of liquefied propane. Shane reported that the majority is used at the landfill building with smaller quantities at the Recycling Center and Wastewater Treatment Plant. Shane reported that quotes were requested for the annual supply with documents sent to seven providers with five quotes received. Shane reported that the low quote was from Butch’s Propane, Inc. at $.682/gallon and recommended approval of the low quote. Quote for up to 17,000 gallons of liquefied propane delivered to city facilities: Longs Propane $.779/gallon plus $.10/gallon that were contracted but not delivered; Tri County Oil & Propane $.719/gallon; Star Energy $.85/gallon; Ferrelgas $.849/gallon; Butch’s Propane, Inc $.682/gallon. 298-16 Alderman Sorensen moved approval of the low quote of Butch’s Propane, Inc. for the purchase of up to 17,000 gallons of liquefied propane at $.682/gallon. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. C. Fuel Quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on all four items. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $1.7771, Brunick’s Service $1.84; Item 2 – 1,000 gal unleaded gasoline – regular: Stern Oil $2.0857, Brunick’s Service $2.13; Item 3 – 3,000 gal Diesel fuel dyed: Stern Oil $1.6734, Brunick’s Service $1.72; Item 4 - 1,000 gal diesel fuel-clear: Stern Oil $1.9899, Brunick’s Service $2.00. 299-16 Alderman Price moved approval of the low quote of Stern Oil on all four fuel quote items. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the Ribs, Rods and Rock’n Roll events are this Friday and Saturday, September 9th and 10th. John noted that some downtown streets will be closed on Friday, Saturday and part of Sunday for the related events. 16 B. John reported that the Tri-State Cruisers annual car show is Wednesday, September 7th and portions of Main, Court and Center Street are closed from 5:00 p.m. to 9:00 p.m. C. John wanted to remind citizens that glass should not be placed in the recycling trailers in the community or in the curbside bins. John stated that glass is accepted at the Recycling Center. John stated that approximately 17 tons of glass was recycled this past week being the third load recycled since the program began in May 2015. John stated that the annual household hazardous waste collection is scheduled for Friday, October 7th from 2:00 p.m. to 6:00 p.m. with a fee of $10 per vehicle. D. John reported that there is a vacancy on the Library Board for a term that will expire in May 2017 due to a member resigning. John also stated that there is a vacancy for a two year term on the Tree Board. John requested interested individuals to complete the Expression of Interest forms and return them by noon on Friday, September 16, 2016 in anticipation of City Council appointment at the September 19th meeting. E. John reported on receipt of Raffle Notifications for the following: 1. The USD Veterans Club is selling $10 tickets until November 10, 2016. The main prize is an AR-15 rifle valued at $650 and if 300+ tickets are sold a laptop will also be added as a prize. Funds from the raffle will be used for community supper expenses, Vets club t-shirts, and professional & leadership development activities. 2. St. Agnes Youth Group is selling $1 tickets until October 16, 2016. The prize is a 2013 Jeep Liberty SUV valued at $2300. Funds from the raffle will be used for St. Agnes youth group activities. 3. St. Agnes PTSA is selling a hundred tickets at $120 per ticket. Three numbers will be drawn each month with one $300 and 2 $100 prizes. Proceeds will be used by PTSA to support programs at St. Agnes school. 4. Save A Warrior will be selling tickets at $1 each, 6 for $5, or $10 for an arm span length on October 22, 2016. The prizes will be donated items such as koozies, gift certificates, t-shirts, etc. All proceeds go to Save A Warrior. PAYROLL ADDITIONS AND CHANGES Library: Sean Bomkamp $8.55/hr, Taylor Peters $8.55/hr; Communications: Jessica Standley $19.77/hr; Golf Clubhouse: Sam Nicholson $8.55./hr, Charlotte Yaw $8.55/hr, Justin Ackermann $9.00/hr; Golf Maintenance: Trenton Guenther $8.55/hr, Tyler Highland $8.55/hr, Ean Kiddoo 17 $8.55/hr; Curbside Recycling: Dan Hanson $17.37/hr, James Conway $15.17/hr 11. Invoices Payable 300-16 Alderman Price moved approval of the following invoices: AGK Electric underground reimbursement 930.00 Aladtec, Inc scheduling software 1,995.00 Allegiant Emergency Service fire fighter equipment 974.90 America's Test Kitchen books 31.90 American Legal Publishing subscription 375.00 Appeara supplies 109.12 Aqua-Pure Inc chemicals 4,816.00 Aramark Uniform Services uniform cleaning 267.36 Argus Leader Media #1085 subscription 25.00 Avera Occupational Medicine testing 69.90 Baker & Taylor Books books 715.86 Batteries Plus battery 64.95 BHS Marketing, LLC soda ash 13,645.72 Bierschbach Eqpt & Supply supplies 392.50 Blackstone Audio Inc books 250.00 Bob Dehner water heater rebate 315.00 Bob Iverson safety boots reimbursement 77.35 Bomgaars supplies 33.48 Border States Elec Supply supplies 963.77 Bound Tree Medical, LLC supplies 3,139.12 Brian Steffen safety boots reimbursement 99.98 Brock White Co supplies 178.62 Brunicks Service Inc fuel 1,565.50 BSN Sports Inc uniforms 1,579.20 Butler Machinery Co. parts 1,844.55 Campbell Supply supplies 700.07 Cask & Cork merchandise 437.25 CDW Government, Inc supplies 57.45 Center Point Large Print books 32.87 Century Business Products copier contract/copies 406.06 Centurylink telephone 745.77 Certified Laboratories supplies 156.25 Chesterman Co merchandise 1,529.74 City Of Sioux Falls testing 58.00 City Of Vermillion copies/postage 1,110.38 18 City Of Vermillion utility bills 49,881.97 Class C Solutions Group supplies 148.60 Cody Sommervold CDL test reimbursement 95.00 Colonial Life Acc Ins. insurance 3,266.93 Concrete Materials golf sand 858.81 Convergint Technologies LLC alarm monitoring 480.00 Coyote Convenience fuel 30.81 Coyote Rentals water heater/wiring rebate 170.00 Credit Collections Bureau commission 59.82 D-P Tools tools 366.90 Dakota Beverage merchandise 8,743.90 Dakota PC Warehouse supplies 162.97 Dakota Supply Group supplies 301.82 Delta Dental Plan insurance 6,404.16 Denis Kronaizl refund amb overpayment 531.48 Dennis Martens maintenance 833.34 Dept Of Revenue testing 345.00 DGR Engineering professional services 7,674.00 Diamond Vogel Paints traffic paint 6,715.05 Dust Tex entry mat 80.00 E.A Sween Company merchandise 341.92 Earthgrains Baking Co's Inc supplies 126.02 Echo Electric Supply supplies 6,895.68 Electric Pump, Inc repairs 12,017.31 Electronic Engineering supplies 674.72 Elliott Equipment Co repairs 3,209.68 Energy Laboratories testing 1,150.00 Farmer Brothers Co. supplies 117.30 Farner Bocken Company merchandise 617.60 Farrell's Heating & Air Co repairs 344.70 Fastenal Company supplies 61.42 Fedex. shipping 11.77 Fleet Safety Supply fire equipment 958.64 Foreman Media council mtg 100.00 Four Winds Interactive maintenance 384.81 Gale books 738.52 Global Dist. merchandise 339.00 Graham Tire Co. tires 1,253.74 Graymont Capital Inc chemicals 8,020.09 Gregg Peters freight/refund electric fees 1,896.60 Gregg Peters rent 937.50 Guarantee Oil Co Inc supplies 1,086.90 Hach Co supplies 2,601.03 19 Harold K Scholz Co substation improvements final 63,064.02 Hartington Tree LLC stump grinding 204.00 Hauff Mid-America Sports supplies 1,734.55 Hauger Lawn Service mowing 128.00 HD Supply Waterworks supplies 2,260.71 Heiman, Inc. fire fighter equipment 4,146.62 Helms & Associates airport improvements 18,742.81 Herren-Schempp Building supplies 19.85 Hillyard Floor Care Supply repairs 64.95 Hy Vee Food Store supplies 583.15 Independence Waste waste hauling/toilet rental 1,559.70 Ingram books 2,616.45 Istate Truck Center repairs 347.01 J & L Harley-Davidson repairs 287.06 Jacks Uniform & Eqpt uniform 2,580.40 Janitor's Closet, Ltd supplies 277.26 Jerry's Chevrolet Buick Gm parts 320.60 Jessica Standley meals reimbursement 172.00 John A Conkling Dist. merchandise 6,198.30 Johnson Brothers Of Sd merchandise 9,561.28 Johnson Controls repairs 2,932.88 Jonathan Warner meals reimbursement 264.00 Jones Food Center supplies 1,309.50 Kalins Indoor Comfort repairs 321.92 Karsten Mfg Corp merchandise 436.04 Knife River Midwest, LLC asphalt/rock 6,319.95 Komline-Sanderson parts 1,917.57 League Of Minnesota Cities advertising 332.13 League Of Nebraska Municipality advertising 73.15 Leggette, Brashears & Graham professional services 2,108.39 Leisure Lawn Care fertilize 50.00 Lessman Elec. Supply Co supplies 464.00 Liberty Tire Recycling LLC haul tires 15,918.64 Little Italy’s lunch 37.92 Locators And Supplies, Inc supplies 2,320.88 Malloy Electric parts 1,414.31 Marks Machinery parts 151.96 Marley Carlson refund amb overpayment 542.63 Mart Auto Body repairs 1,311.78 Martinson Construction sidewalk/approach repairs 1,737.90 Matheson Tri-Gas, Inc medical oxygen 413.31 MC2, Inc supplies 823.82 McCulloch Law Office professional services 999.00 20 Mead Lumber supplies 340.77 Medical Waste Transport, Inc haul medical waste 129.48 Medico Life & Health Insurance insurance 405.39 Michael Todd & Co. supplies 184.63 Micro Marketing LLC supplies 197.95 Midwest Alarm Co alarm monitoring 66.00 Midwest Building Maintenance mat svc 474.90 Midwest Ready Mix & Equipment concrete 319.50 Midwest Turf & Irrigation parts 961.46 Midwest Wheel Companies parts 274.48 Missouri River Energy Service infrared inspection 3,549.20 Missouri Valley Maintenance repairs 1,868.71 Mobile Electronic Service repairs 1,604.31 Nalco Chemical Co chemicals 270.95 NBS Calibrations balance/calibration 3,928.34 NCL Of Wisconsin, Inc supplies 526.40 Netsys+ professional services 535.00 New York Life insurance 35.01 Newman Traffic Signs supplies 1,751.90 NFAAF-Easton Yankton Archery supplies 2,800.00 Northeast Nebraska News Co advertising 58.20 Northern Safety Co. Inc supplies 217.92 Northland supplies 409.50 Northwest Concrete Cutting repairs 596.94 Office Systems Co copier contract/copies 664.37 Overhead Door Of Sioux City repairs 934.50 Party Fun Rentals, LLC movie package 215.00 Pauls Plumbing repairs 870.96 PCC, Inc commission 1,924.08 Penworthy Company books 230.35 Pete Bindner Inc crushed concrete/asphalt 23,920.00 Phil Wiebelhaus safety boots reimbursement 100.00 Pomps Tire Service, Inc. repairs 35.00 Positive Promotions supplies 356.05 Precision Lawn Care mowing 768.75 Pressing Matters supplies 149.00 Presto-X-Company inspection/treatment 147.47 Print Source advertising 245.00 Pump N Pak fuel 68.31 Quality Books Inc. books 1,354.60 Quill supplies 945.48 Racom Corporation maintenance contract 1,275.70 Reams Sprinkler Supply bliss park irrigation 456.99 21 Recorded Books, Inc books 339.00 Reflective Apparel Factory uniform shirts 182.90 Regent Book Co. books 16.06 Reinhart Foodservice, LLC merchandise 1,532.70 Republic National Dist. merchandise 9,809.80 Resco supplies 252.00 Ricchio Inc. Prentis park pool 280,804.00 Riekes Equipment Co. parts 248.59 Riverside Hydraulics & Lab parts 49.04 RJ Thomas Mfg Co, Inc parks grills 766.19 Ron Maher work boots reimbursement 100.00 Ryan Anderson meals reimbursement 172.00 Ryan Hough tuition reimbursement 2,100.00 Sanford Health Plan participation fees 54.00 Sanford USD Medical Center supplies 357.36 Schaeffer Mfg. Co supplies 638.40 SD Chapter IAAI registration 100.00 SD Dept Of Public Safety teletype service 3,090.00 SD Electrical Commission wiring permit 95.00 SD Municipal League registration 100.00 SD Retirement System contributions 50,575.91 SD State Historical Society membership 40.00 SDPRA registration 1,000.00 Security Shredding Service document shredding 35.00 Servall Towel & Linen shop towels 16.80 Sewah Studios Inc historical marker 2,340.00 Sioux City Journal advertising 411.38 Sioux Equipment parts 321.42 Sioux Falls Two Way Radio repairs 40.97 Siouxland Libraries book replacement 7.99 Sooland Bobcat parts 56.72 Southern Glazer's Of SD merchandise 1,571.40 Special T's And More uniform t-shirts 46.40 Stern Oil Co. supplies 1,792.99 Stewart Oil-Tire Co repairs 100.00 Stuart C. Irby Co. supplies 687.00 Sturdevants Auto Parts supplies 1,082.94 Sun Mountain merchandise 649.00 Superior Lamp supplies 772.54 Tapco supplies 1,076.40 Taylor Made merchandise 1,854.62 Titan Machine-Productivity supplies 89.75 Titleist Drawer Cs merchandise 2,910.01 22 Tony Klunder meals reimbursement 264.00 Topkote Inc chip sealing 81,782.16 Treatment Resources, Inc pumps 8,532.19 Triview Communications telephone 549.50 Truck-Trailer Sales parts 81.10 True Value supplies 751.45 United Way contributions 507.70 University Cleaners professional services 71.00 Van Diest Supply Co chemicals 1,260.20 Vast Broadband e911 circuit/dialup service 1,415.45 Verizon Wireless cell phones/wireless comm 1,958.32 Vermeer High Plains parts 4,229.00 Vermillion Ace Hardware supplies 1,007.10 Vermillion Area Arts Council online registration 41.75 Vermillion Concrete concrete work 16,151.40 Vermillion Ford parts 114.84 Vermillion Public Library reimb for fine collected 53.50 Vermillion Youth Football online registration 3,617.42 Visa/First Bank & Trust fuel/lodging/supplies 6,385.06 Wal-Mart Community supplies 1,390.17 Walker Construction repairs 2,057.85 Walt's Homestyle Foods, Inc merchandise 217.20 Welfl Construction Co Prentis park pool 155,435.00 Wesco Distribution, Inc supplies 2,521.94 Westech Engineering, Inc parts 135.80 Yamaha Golf & Utility golf cars lease 3,772.17 Yankton Janitorial Supply supplies 358.52 Yankton Medical Clinic testing 99.00 Zee Medical Service supplies 405.00 Ziegler Inc parts 271.06 Zimco Supply Co supplies 2,094.20 Zuercher Technologies LLC software maintenance 33,835.00 Marty Nygren Bright Energy Rebate 122.00 Ryan Anderson Bright Energy Rebate 18.00 Nygren's True Value Bright Energy Rebate 596.75 Vermillion Vision Clinic Bright Energy Rebate 520.23 Amanda Nyhaug Bright Energy Rebate 9.00 Brian Treiber Bright Energy Rebate 20.00 Kris Knisely Bright Energy Rebate 20.00 Bob Dehner Bright Energy Rebate 296.00 Marjorie Schissel Bright Energy Rebate 6.00 Nancy Betzen Bright Energy Rebate 102.00 Ernetta Fox Bright Energy Rebate 525.00 23 Kalins Indoor Comfort Bright Energy Rebate 100.00 Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of September 19, 2016 for a special permit to exceed permissible sound levels by no more than 50% for USD Dakota Days Executive Board for Vermtown Bash street dance with DJ/Live music on October 5, 2016 from 5:00 p.m. to 11:00 p.m. on Ratingen Platz and portions of Market and Main Streets. B. Set a public hearing date of September 19, 2016 for a special permit to exceed permissible sound levels by no more than 50% for Sorority & Fraternity Life for Greek Life Awards Ceremony on Cedar Street between Plum and Pine Streets on September 23, 2016 from 5:00 p.m. to 8:00 p.m. 301-16 Alderman Price moved approval of the consensus agenda. Alderman Holland seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 302-16 Alderman Humphrey moved to adjourn the Council Meeting at 8:01 p.m. Alderman Sorensen seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 6th day of September, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 24