City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session October 17, 2016 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 17, 2016 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise (arrived at 12:04 p.m.), Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Erickson, Meins 2. Informational Item – Burbank Road sidewalk lighting – Shane Griese Shane Griese, Utility Manager, reported that residents have raised concerns about the lack of street lighting along Burbank Road by the Countryside Addition south of town. Shane reported that Burbank Road is not within the city limits and is not to final grade for a city street. Shane stated that, if lights were placed along the sidewalk and done as a special assessment project which requires bidding, it is estimated that the cost could be as high as $25,000. Shane stated that another option would be for the City to install lights along the sidewalk using City equipment and labor with the materials estimate of $6,500 for six lights and $4,500 for four lights, noting that if these lights are not assessed it is recommended that a resolution be adopted noting that when the street is improved that the sidewalk lights be removed and streetlights be assessed as part of the project. Shane stated that he was looking for direction from the City Council on how to proceed. Discussion followed on the lighting options for this area. The consensus of the City Council was to request staff prepare a resolution for next meeting to have the lights installed along the sidewalk at City cost now and when Burbank Road is reconstructed as a city street that the street lights be included as part of the project. 3. Informational Item – Erickson Addition storm drainage – Jose Dominguez Jose Dominguez, City Engineer, reported on the area of the Erickson Addition that would be served by this regional drainage plan. Jose reported that Banner & Associates have prepared a report that proposes a regional drainage plan to serve the approximate 24 acres. Jose reviewed the location of the components of the plan that would provide for drainage from the property to a pond that would drain to the 1 highway road ditch. Jose stated that to move the project forward we will need to request permission of the DOT to discharge into the road ditch, obtain the necessary easements from the VCDC for the pond and other components and then put together bid specifications to bid the project late this year or early next year. Jose noted that the budget for 2016 included engineering and the 2017 budget included $300,000 for this project. Discussion followed on funding options as well as other storm drainage within the city. The consensus of the City Council was for the City Engineering Department to move forward with the project. 4. Briefing on the October 17, 2016 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 334-16 Alderman Ward moved to adjourn the Council special session at 12:41 p.m. Alderman Sorensen seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 17th day of October, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session October 17, 2016 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, October 17, 2016 at 7:00 p.m. by Mayor Powell. 1. Roll Call 2 Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell, Student Representative Ireland 2. Pledge of Allegiance 3. Minutes A. Minutes of October 3, 2016 Special Meeting, October 3, 2016 Regular Meeting 335-16 Alderman Collier-Wise moved approval of the October 3, 2016 Special Meeting and October 3, 2016 Regular Meeting minutes. Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 336-16 Alderman Collier-Wise moved approval of the agenda. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Extra Mile Day Proclamation Alderman Collier-Wise read the proclamation designating November 1, 2016 as “Extra Mile Day” in Vermillion to recognize the individuals and organizations within the community who go the extra mile in order to make a difference in the community. 6. Public Hearings A. First Reading of Ordinance 1348 – Zone Change to exclude from NRC- Natural Resource Conservation District and include in the HI-Heavy Industrial District the following described real property, viz. Heikes Tract 2 SE ¼ SE ¼ Exc. Heikes Addition, 7-92-51, 5th P.M., Clay County, South Dakota and Lot 1, Block 1, Heikes Addition, City of Vermillion, Clay County, South Dakota Jose Dominguez, City Engineer, reported that Nate Welch, on behalf of the VCDC, has approached the City to rezone Heikes Tract 2. Jose reported that this parcel of land is located at the northwest corner of the intersection of North Crawford Road and 317th Street with a diagram included in the packet. Jose noted that the tract of land was purchased by the VCDC in order to attract industry to the city and the land has 3 been classified as a Certified Ready Site by the Governor’s Office of Economic Development. Jose stated that this parcel was annexed into the city in 2010 and when any property is annexed into the city it automatically is placed into the Natural Resource Conservation (NRC) district. Jose noted that NRC is the most restrictive zoning district within the city. Jose stated that the request is to rezone the land into the Heavy Industrial (HI) district which would make the property more enticing to possible industrial prospects looking to relocate their business to the city. Jose reported that the Planning Commission considered the amendment on October 11th and recommended approval of the zone change. Jose stated that the area in question adjoins existing HI District and would provide for general industrial uses to be constructed. Jose noted that as a general rule industrial uses are kept separate from residential, office and commercial establishments. Discussion followed. 337-16 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. 1348 entitled An Ordinance Adopting Zone Change to exclude from NRC-Natural Resource Conservation District and include in the HI-Heavy Industrial District the following described real property, viz. Heikes Tract 2 SE ¼ SE ¼ Exc. Heikes Addition, 7- 92-51, 5th P.M., Clay County, South Dakota and Lot 1, Block 1, Heikes Addition, City of Vermillion, Clay County, 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 17th day of October, 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 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. B. First Reading of Ordinance 1349 – Zone Change to exclude from R-2 Residential District and include in the Spady Planned Development District the following described real property, viz. Lot G-2, except the West 110.9 feet of the South 198.914 feet, thereof, and except Lot 1 of Lot G-2, all in the Southwest Quarter of the Southeast Quarter of the Northeast Quarter (SW ¼ SE ¼ NE ¼) and the Southeast Quarter of the Southeast Quarter of the Northeast Quarter (SE ¼ SE ¼ NE ¼), Section Eighteen (18), Township Ninety-Two (92) North, Range Fifty-One (51) West of the 5th P.M., City of Vermillion, Clay County, South Dakota 4 Jose Dominguez, City Engineer, reported that the City was approached by APS Investment, LLC (APS) to see what would be possible to construct within the land north of East Cherry Street and east of North Norbeck Street. Jose noted that due to the lay of the land it would have only been possible to construct two four-plexes under the existing R-2 zoning which would have left a large portion of the land unused and made the investment of purchasing a poor choice. Jose stated that APS investigated the possibility of rezoning the parcel of land from the R- 2 zoning district to a Planned Development District (PDD) that would give them flexibility in what may be constructed in the lot while providing the neighboring properties with an opportunity to voice their concerns about any development occurring in the area. Jose stated that consideration of the district regulations and initial development plan is the first step in the approval process. Jose noted that the initial development plan provides a broad overview of the area and gives a general idea of what will be allowed and, prior to construction on any lots, a final development plan is submitted to the Planning Commission for approval. Jose reported that the zone change request along with the diagram are included in the packet. Jose reported that the Planning Commission met on October 11th to discuss this zone change request with several property owners present that brought up possible issues with the project. Jose reported that after hearing all of the public’s comments the Planning Commission made a recommendation to the City Council to create the zoning district and permitted/conditional uses based upon the initial development plan as presented unanimously recommended approval of the zone change. Kim McLaurey, consulting engineer, reported that the initial development plan provides for the renovation of the existing structure with 34 additional twin homes on the property. Kim reported the plan also addresses the utilities and storm drainage for the property. Kim stated that if the initial plan is approved the developer will bring forward Phase 1 for the renovation of the existing structure followed by other phases to construct the twin homes depending upon the market to get the units occupied. Kim answered questions of the City Council on the development plan. 338-16 Mayor Powell read the title to the above mentioned Ordinance and Alderman Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1349 entitled An Ordinance Adopting Zone Change to exclude from R-2 Residential District and include in the Spady Planned Development District the following described real property, viz. Lot G-2, except the West 110.9 feet of the South 198.914 feet, thereof, and except Lot 1 of Lot G-2, all in the Southwest 5 Quarter of the Southeast Quarter of the Northeast Quarter (SW ¼ SE ¼ NE ¼) and the Southeast Quarter of the Southeast Quarter of the Northeast Quarter (SE ¼ SE ¼ NE ¼), Section Eighteen (18), Township Ninety-Two (92) North, Range Fifty-One (51) West of the 5th P.M., City of Vermillion, Clay County, 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 17th day of October, 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 Erickson. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 1 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Resolution approving an easement along 465th Avenue for a transmission line to proposed substation to be located on Lot 1, Block 1 of Heikes Addition Jose Dominguez, City Engineer, reported that as a part of the City’s new electric substation project there is a need to extend the existing transmission line to the new substation. Jose noted that DGR has negotiated both permanent and overhang electric transmission line easements for construction of approximately 1.75-miles of looped 115-kV transmission line from the corner of 316th Street and University Road east to 465th Avenue and then south on 465th Avenue to the northeast substation. Jose stated that the proposed transmission line requires that the City acquire overhang easements from four property owners. Jose noted that the transmission line will be constructed as close as possible to the property line and the overhang easements would allow the City to enter private property to work on the transmission line. Jose stated that this easement is for the property directly north of where the substation would be located. Jose noted that all other easements have been acquired by the City and were approved by the City Council at the February 16th meeting. Jose stated that the easement amount was increased for this last easement so the next item on the agenda is to amend the February 16th resolution to revise the amount paid for the easement so that all property owners are paid at the same rate. Discussion followed. 339-16 After reading the same once, Alderman Sorensen moved adoption of the following: 6  RESOLUTION APPROVING EASEMENT FOR CONSTRUCTION OF AN ELECTRIC SUBSTATION WHEREAS, the City of Vermillion is developing a substation on Lot 1, Block 1 of Heikes Addition to help provide redundant electrical service for the community; and WHEREAS, the City will need to take power from the east leg of the City’s 115kV transmission line to serve the new substation; and WHEREAS, the City desires to construct a transmission line from the corner of 316th Street and University Road east on 316th Street to 465th Avenue and then south on 465th Avenue to the northeast substation to serve the facility; and WHEREAS, all the adjoining landowners were contacted about providing a permanent easement or overhang easement as needed; and WHEREAS, the City Council has approved easements with the other property owners for overhang or permanent easements; and WHEREAS, the following property owner has agreed to provide the necessary easement on their property for an overhang easement in exchange for the amount listed: Property Owner Property Legal Description Parcel ID Amount Hemminger Family N ½ SE ¼ EXC S ½ SW ¼ NE ¼ SE ¼ & 11000-09251- $1,600 Trust EXC.E ½ SE ¼ SE ¼ NW ¼ SE ¼ 7-92-51 074-05 VERMILLION TWP NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion that the City Council approves the execution of the above listed easement and payment of the amount listed and authorizes the Mayor and Finance Officer to execute the necessary document on behalf of the City to document and preserve the easement on behalf of the City. Dated at Vermillion, South Dakota this 17th day of October, 2016. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By___________________________________ John E. (Jack) Powell, Mayor ATTEST: By___________________________________ Michael D. Carlson, Finance Officer 7 The motion was seconded by Alderman Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. B. Resolution amending the resolution approving easements along 316th Street and 465th Avenue for transmission line to proposed substation to be located on Lot 1, Block 1 of Heikes Addition Jose Dominguez, City Engineer, reported that the following three easements were approved at the February 16, 2016 meeting but the last easement just approved was at a higher rate. Jose stated that the amended resolution attached is to adjust the easements approved in Freburary to the same price paid the final easement. Jose recommended approval of the amended resolution adjusting the easement price. 340-16 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION AMENDING RESOLUTION APPROVING EASEMENTS FOR CONSTRUCTION OF AN ELECTRIC SUBSTATION WHEREAS, the City of Vermillion is developing a substation on Lot 1, Block 1 of Heikes Addition to help provide redundant electrical service for the community; and WHEREAS, the City will need to take power from the east leg of the City’s 115kV transmission line to serve the new substation; and WHEREAS, the City desires to construct a transmission line from the corner of 316th Street and University Road east on 316th Street to 465th Avenue and then south on 465th Avenue to the northeast substation; and WHEREAS, all adjoining landowners were contacted in regard to providing a permanent easement or overhang easement as needed; and WHEREAS, three of the four property owners agreed to an overhang or permanent easement on their property; and WHEREAS, through negotiations with the final property owner, a different price for the easements was agreed upon; and WHEREAS, the City Council wishes to amend the Resolution Approving Easements for Construction of an Electric Substation approved on 8 February 16, 2016 to provide the same per pole easement amount to all property owners. Property Owner Property Legal Description Parcel ID Original Amended Amount Amount Merrigan Wayne & Mary M N 880.97' NW 1/4 EXC S 11000-09251- $2,400 $3,200 Trust 362.62' OF W 494' 7-92-51 072-33 VERMILLION TWP Tom and Mary Merrigan W 1/2 NE 1/4 7-92-51 11000-09251- $1,500 $2,000 VERMILLION TWP 071-00 Merrigan Wayne & Mary M E 1/2 NE 1/4 7-92-51 11000-09251- $3,800 $5,075 Trust VERMILLION TWP 071-03 NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion that the City Council approves the execution of the above listed easements and payment of the amended amount listed and authorizes the Mayor and Finance Officer to execute the necessary documents on behalf of the City to document and preserve the easements on behalf of the City. Dated at Vermillion, South Dakota this 17th day of October, 2016. FOR 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. C. Permit for Consumption but not sale on Non-Profit Property for Greening Vermillion at 202 Washington Street Mike Carlson, Finance Officer, reported that Morgan Cranes, on behalf of Greening Vermillion, has requested a permit to consume, but not sell, alcoholic beverages on property owned by a nonprofit corporation for an Art of Sustainability event at the Vermillion Area Arts Council on October 22, 2016 from 6:00 p.m. to 9:00 p.m. Mike noted that the request and recognition from the VAAC for the event are included in the packet. Mike noted that state statute provided that the Governing Body may permit consumption, but not sale, of any alcoholic beverage on property owned by the public or nonprofit corporation. 9 341-15 Alderman Holland moved approval of the permit for consumption but not sale of alcoholic beverages for Greening Vermillion on property owned by a nonprofit corporation for an Art of Sustainability event at the Vermillion Area Arts Council on October 22, 2016 from 6:00 p.m. to 9:00 p.m. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported that the Police Department is conducting a community survey. John asked citizens that received a postcard inviting them to participate to please complete the survey online or on the paper copy as directed. B. John reported that the Point Of Dispensing (POD) exercise for the community is this Thursday, October 20th from Noon to 2:00 p.m. at the Sanford Coyote Sports Center. John stated that the event is free and the public is invited to participate to help evaluate how the POD for Clay/Union County functions. John noted that this is a drill. C. John reported that the Police Department and Emergency Communications are hosting their annual Open House on Saturday, October 29th from 10:00 a.m. to 1:00 p.m. John noted that attendees are welcome to wear costumes as there will be opportunity to trick or treat at the various informational stations in the building. John noted that hot dogs, chips and drink will be provided. D. John reported on the receipt of a Raffle notification: Friends of the NRA are selling $20 tickets until November 5, 2016. The prize is a Para Ordinance limited edition two-gun matching set valued at $1,500. Proceeds from the raffle will be used to help promote shooting sports. The drawing will take place on November 5th. PAYROLL ADDITIONS AND CHANGES Admin: Derek Chancellor $9.15/hr; Finance: Linda Wensel $25.89/hr; Code: Kenneth Wapniarski $15.97/hr; Library: Dan Burniston $27.74/hr; Light: Monty Munkvold $38.06/hr; Recycling: Brandon Steeneck $15.17/hr 11. Invoices Payable 342-16 10 Alderman Ward moved approval of the following invoice: John Powell meals reimbursement 26.00 Alderman Price seconded the motion. Mayor Powell requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 343-16 Alderman Price moved approval of the following invoice: Rich Holland meals reimbursement 56.00 Alderman Collier-Wise seconded the motion. Alderman Holland requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 344-16 Alderman Price moved approval of the following invoices: Broadcaster Press advertising 2,159.43 Brunick’s Service Inc fuel 31.50 Bureau Of Administration telephone 229.20 Campbell Supply supplies 618.72 Cask & Cork merchandise 517.40 Centurylink telephone 1,495.41 City Of Vermillion landfill vouchers 324.00 Clay Rural Water System water usage 73.80 Clay-Union Electric Corp electricity 1,590.38 Dakota Beverage merchandise 13,525.48 Dept. Environment Natl Res landfill operations fee 3,624.54 Global Dist. merchandise 104.00 Gregg Peters managers profit/fee 30,770.01 Hemminger Family Trust easement 1,600.00 John A Conkling Dist. merchandise 7,483.80 John C. Prescott meal reimbursement 146.00 Johnson Brothers Of SD merchandise 25,164.44 Jones Food Center supplies 807.79 Loren Fischer Disposal haul cardboard 210.00 Matheson Tri-Gas, Inc supplies 342.21 MidAmerican gas usage 1,007.71 Midcontinent Communication cable/internet service 718.68 National Music Museum funding 15,000.00 Okoboji Wines-SD merchandise 190.65 Republic National Distributing merchandise 33,524.37 Reserve Account postage for meter 950.00 Southern Glazer's Of SD merchandise 2,279.54 11 Staples Advantage supplies 520.78 Stern Oil Co. fuel 11,249.95 Sturdevants Auto Parts parts 364.88 The Equalizer advertising 764.00 Tom & Mary Merrigan easement 2,000.00 True Brands merchandise 118.75 True Value supplies 12.90 United Parcel Service shipping 99.00 Us Postmaster postage for utility bills 1,050.00 Vermillion Ace Hardware supplies 32.76 Vermillion Area Community round up program 297.83 Vermillion Rotary Club dues/meals 140.75 Vermillion Youth Football registration 24.33 Wayne & Mary M. Merrigan Trust easement 8,275.00 Travis Tarr Bright Energy Rebate 288.00 Dairy Queen Bright Energy Rebate 470.55 Mark Siecke Bright Energy Rebate 252.00 Todd Halverson Bright Energy Rebate 120.00 Phil Webelhaus Bright Energy Rebate 240.00 Harold Holoch Bright Energy Rebate 10.00 Nygrens True Value Bright Energy Rebate 12.00 Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 345-16 Alderman Ward moved to adjourn the Council Meeting at 7:38 p.m. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 17th day of October, 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 ___________. 12