City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session November 21, 2016 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, November 21, 2016 at 12:00 noon at the Library Kozak Meeting Room. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Price, Sorensen, Mayor Powell Absent: Meins, Ward 2. Educational Item – Vermillion Public Library – Dan Burniston Dan Burniston, Librarian, provided handouts with information on library usage, programs and library materials. Dan explained the library programs, activities and statistics for the ten months of 2016. Dan reviewed the library personnel budget for 2017 with recommendations for adjustments to staff hours and rates for work study/program aid. Dan stated that this information has been presented to the Library Board and that the Board has not had formal action on the proposal at this time. Mayor Powell stated that the City Council will wait for a recommendation from the Library Board before addressing this issue. Dan answered questions of the City Council on the library operations. 3. Briefing on the November 21, 2016 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 4. Adjourn 361-16 Alderman Collier-Wise moved to adjourn the Council special session at 12:58 p.m. Alderman Erickson seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of November, 2016. 1  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Dan Burniston, Librarian, provided a tour of the library to Council members. Unapproved Minutes City Council Regular Session November 21, 2016 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, November 21, 2016 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise (arrived at 7:02 p.m.), Erickson, Holland, Humphrey, Meins, Price, Sorensen, Mayor Powell, Student Representative Brady Absent: Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of November 7, 2016 Special Meeting, November 7, 2016 Regular Meeting 362-16 Alderman Holland moved approval of the November 7, 2016 Special Meeting and November 7, 2016 Regular Meeting minutes. Alderman Sorensen seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 2 Mayor Powell noted that it has been reported that New Business Items B and C can be removed from the agenda. 363-16 Alderman Price moved approval of the agenda with the removal of New Business Items B and C. Alderman Humphrey seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard Alderman Collier-Wise arrived 7:02 p.m. A. Proclamation recognizing Vermillion as a Community of Tolerance and Peace Alderman Collier-Wise read the proclamation recognizing Vermillion as a Community of Tolerance and Peace. 6. Public Hearings A. Annual liquor and wine license renewals Mike Carlson, Finance Officer, reported that this was the time set for the public hearing for the annual liquor and wine license renewals. Mike stated that the notice of hearing and the Police Chief’s report are included in the packet. Mike stated that, from the police report, there are two license holders that had failed a compliance check and, as required by ordinance, a management plan from Charcoal Lounge, Inc. for Charcoal Lounge and Leo’s Sports Bar and Grill, LLC for Leo’s Lounge are included in the packet. Mike read the list of license applications requesting renewal. Mike noted that, for City Council actions, the Council may first want to consider the renewal of the retail on-sale liquor license for the Old Lumber Company, Inc for the Old Lumber Company Bar and Grill at 15 Court Street. Mike stated that when the license was transferred from John Grunewaldt to the Old Lumber Company, Inc in April 2012, as well as the previous renewals, the license had the following condition “interior of the building, at said location”. The City Council will need to consider if it wants to continue to restrict the license to the interior of the building. The second action would be to consider the renewal of the balance of the on-sale retail liquor licenses, on-off sale wine licenses and municipal package off sale license. Mike noted that, if not approved, the reason for the denial must be stated. Discussion followed. 3 364-16 Alderman Holland moved approval of the renewal of the on-sale retail liquor license with Sunday sales for the Old Lumber Company, Inc for the Old Lumber Company Bar and Grill at 15 Court Street with the restriction that the license is for the interior of the building at 15 Court Street. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 365-16 Alderman Price moved approval of the renewal of the following licenses: Re-issuance of On-Sale-Retailer Liquor with Sunday sales: Bebee Street II, LLC. - Carey’s Bar at 18 West Main; Charcoal Lounge, Inc. - Charcoal Lounge at 6 & 8 East Main; Leo’s Sports Bar & Grill, LLC - Leo's Lounge at 11 South Market; Fraternal Order of Eagles - Eagles Club 2421 at 114 West Main; Bunyan’s, LLC - Bunyan’s at 1201 West Main; Main Street Pub, Inc. - Main Street Pub at 11 West Main; City of Vermillion - The Bluff's Golf Course at 2021 East Main; Maya Jane’s, Inc. - Maya Jane’s at 9 W Main; J.N.J. Management, Inc. - The Road House at 911 East Cherry; Red Steakhouse, Inc - Red Steakhouse at 1 East Main Street; Old Lumber Company, Inc. - Old Lumber Company Bar & Grill at 15 Court St; Re-issuance of Retail On-Off Sale Wine: Mexico Viejo, Inc - Mexico Viejo Mexican Restaurant 432 E Cherry; Blue Inc - Little Italy’s at 831 East Cherry; HyVee Food Stores Inc - HyVee at 525 West Cherry Street; Silk Road Café, Inc - Silk Road Café at 12 West Main Street; Wal-Mart Stores, Inc. - Wal-Mart #3734 at 1207 Princeton Street; Café Brule, Inc - Café Brule at 24 West Main; Red Steakhouse, Inc - Red Steakhouse at 1 East Main Street; Sunset Oil, Inc - Lucky Seven Casino at 629 Stanford St Suite C; Varsity Pub, LLC - The Varsity at 113 East Main Street; Fire Works, Inc - Dakota Brick House at 15 West Main Street; Re-issuance of Municipal Off-Sale Package Liquor: City of Vermillion - Municipal Liquor Store at 826 Cottage. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Transfer of retail on sale liquor license to First Dakota National Bank from Augustus Management, LLC for 912 N. Dakota Street Mike Carlson, Finance Officer, reported that First Dakota National Bank has filed an application to transfer the retail on sale liquor license from Augustus Management, LLC for 912 N. Dakota Street with the license to be held as inactive. Mike stated that the notice of hearing and the Police Chief’s report are included in the packet. Mike noted that the City Council has the ability to transfer a license on basically two criteria: suitable person and suitable location. Mike stated that, as to the suitable person, City ordinance provides that new applicants must submit to a criminal background check to determine suitability but as the license is currently being held as inactive the background check 4 was waived and, with respect to the location criteria, a license has been previously approved for this location. Mike noted that, if not approved, the reason for the denial must be stated. Discussion followed. 366-16 Alderman Sorensen moved approval of the transfer of the retail on sale liquor license with Sunday sales to First Dakota National Bank from Augustus Management, LLC for 912 N. Dakota Street. Alderman Collier- Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. C. Renewal of retail on sale liquor license for First Dakota National Bank at 912 N. Dakota Street Mike Carlson, Finance Officer, reported that the license just transferred expires December 31st so this application is to renew the retail on sale liquor license as inactive for the 2017 calendar year. The notice of hearing and Police Chief’s report were included with the previous item. 367-16 Alderman Holland moved approval of the renewal of retail on sale liquor license with Sunday sales for First Dakota National Bank at 912 N. Dakota Street. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Request to close a portion of Franklin Street for Vermillion Food Pantry Weekend Backpack Program’s 3rd Feeding Vermillion Food Giveaway on December 15, 2016 from 1:00 p.m. to 8:30 p.m. Derek Chancellor, Administrative Intern, reported on the receipt of a request to close a portion of Franklin Street on Thursday, December 15, 2016 from 1:00 p.m. to 8:30 p.m. for Vermillion Food Pantry Weekend Backpack Program’s 3rd Feeding Vermillion Food Giveaway. Derek stated that the request and diagram are included in the packet. Derek stated that this request is similar to the previous request with the closing of Franklin being from Princeton Street to the north side of 520 Franklin. 368-16 Alderman Collier-Wise moved approval of the closing of a portion of Franklin Street for Vermillion Food Pantry Weekend Backpack Program’s 5 3rd Feeding Vermillion Food Giveaway on December 15, 2016 from 1:00 p.m. to 8:30 p.m. Alderman Holland seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Note: Items B and C were removed from agenda at adoption. D. Policies and Procedures Committee report on swimming pool fees Jim Goblirsch, Director of Parks and Recreation, reported that the last pool rate increase was in 2014 and that in 2015 and 2016 the rates were reduced anticipating a shortened season due to construction. Jim noted that a variety of pool pass options were offered to the public in addition to a daily admittance fee with reduced season pool passes for those individuals or families meeting certain income requirements. Jim stated that in early summer of 2017 Vermillion will open a new pool with water park like features. Jim reported that the Policies and Procedures Committee met on two occasions to review information and discuss options for pricing admission to the new pool. Jim noted taht the Committee members were provided a pool fee survey from 19 surrounding communities and used that information to begin a discussion on pool admission fees. Jim stated that a variety of pass options and pass costs were investigated, including reduced cost pass options. Jim stated that staff also shared current Point of Sale Software capabilities and its ability to be used with pool season pass sales. Jim reported that the Policies and Procedures Committee and City staff have developed the following proposed fee and rental schedule for the pool: Proposed 2017 New Pool Season Pass Fees (all passes include lap swimming and water walking) Ages 0-6 Free - with paid adult, limit two under 7 with paid adult Youth Pass Ages 7-17 $35.00 Adult Pass Ages 18-59 $30.00 Senior Pass Ages 60+ $25.00 Daily Admission Fee $5.00 All ages - 7 years old or older Jim noted that the Committee also wanted to continue to offer financial assistance on season passes. Jim noted that this has been done for several years in conjunction with the Department of Social Services programs. Jim stated that the Department of Social Services currently provided individuals with three forms of assistance. Jim stated that the Committee's proposal to provide financial assistance for season passes would be 20% off for one form of assistance, 40% off for two forms of assistance and 75% off for three forms of assistance as reported by the Department of Social Services. 6 Jim stated that the new pool will have a party shelter that can be reserved for private use during regular operating hours with advance notice. Jim stated that they proposed two rental options noting that either option can bring their own cake/cupcake treat but no other food types. Jim stated that the All Inclusive is $150 which includes two hours use with admission for 12, 3 pizzas, 12 drinks, 12 ice cream treats and private shelter. He stated that the basic rental for $75 includes admission for 12, 12 ice cream treats and private shelter. Jim stated that there was also proposed a pool rental policy: with a minimum of 50 people, the pool would be closed from 6:00 p.m. to 9:00 p.m. for $450 if not bringing food or $500 if bringing food. Jim noted that this was the recommendation of the Policies and Procedures Committee. Members of the Committee and Jim answered questions of the City Council on the rate proposal. Jim noted that, this being the first year, there may need to be changes or adjustments to the proposals but we can work with the Policies and Procedures Committee as items come up. Jim noted that these rates will be included in the annual fees resolution that will be considered at the next Council meeting. Mayor Powell thanked the Committee for the work on the rates. E. Tree Board member appointment Mayor Powell stated that by ordinance the City Council appoints two citizens to the Tree Board along with staff and a Council member. The current members are Clarence Pederson, term expiring 2018, Jim Brady, term expiring 2017, Council member Holland, Pete Jahn and Ryan Baedke. Jim Brady has resigned as he is unable to attend meetings. Mayor Powell recommended the appointment of Howard Willson to fill the unexpired term of Jim Brady. Mayor Powell thanked Mr. Brady for his service on the board. 369-16 Alderman Price moved approval of the appointment of Howard Willson to fill the unexpired term of Jim Brady on the Tree Board until September 2017. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Sale of Surplus Police Cars, Small Pick-up Truck and Basket Truck Jose Dominguez, City Engineer, reported that bids for the surplus vehicles were opened on November 16th and recommended the high bid of Tyler Zimmerman for the 1996 S-10 of $1,700, only bid of East River Properties on the 2000 GMC C7500 of $12,121, the high bid of Terri Trumm on the 2006 Crown Vic of $1850 and only acceptable bid of East River Properties on the 2007 Crown Vic of $1,607. Jose noted that the 7 bid of Chicago Motors did not include the correct amount of bid bond while Andy’s Tree Company did not have proper bid bond. Jose noted that all the recommended bids exceeded the appraised value. Bids: 1996 Chevy S-10: Ernie Halverson $1,610, Dan Mart $1,650, Tyler Zimmerman $1,700; 2000 GMC C7500: East River Property $12,121; 2006 Crown Vic: Terri Trumm $1,850; 2007 Crown Vic: East River Property $1,607. 370-16 Alderman Collier-Wise moved approval of the high bid of Tyler Zimmerman for the 1996 S-10 of $1,700, only bid of East River Properties on the 2000 GMC C7500 of $12,121, the high bid of Terri Trumm of $1,850 on the 2006 Crown Vic and only acceptable bid of East River Properties on the 2007 Crown Vic of $1,607 to sell these surplus vehicles. Alderman Holland seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that City offices will be closed on Thursday, November 24th for the Thanksgiving Day holiday. B. John reported that the Thursday, November 24th curbside recycling collection will be on Monday, November 28th due to the Thanksgiving Day holiday. C. John reported that Main Street from Court Street to Ratingen Platz will be closed on Friday, December 2nd from 4:00 p.m. to 7:30 p.m. for the Parade of Lights. D. John reported that the City fee schedule will likely be part of the December 5th agenda. John stated that this is an annual review of fees charged by the City E. John reminded citizens that sidewalks are to be cleared 24 hours after the end of a snow event. John stated that snow should be stored on your property not across the street on neighbor’s yard without permission or piled up in the street in front of neighbor’s property. John noted that if snow is moved across the street, windrows of snow should not be left in the street. F. John reported that New Business Items B and C that were removed from the agenda were for final plats of property that needed to have the all the required signatures before the City Council could consider. 8  PAYROLL ADDITIONS AND CHANGES Volunteer Firefighters: Henry Bruguier, Jonathan Aperans; Street: Ernie Halverson $23.24/hr; Code: Jim Balleweg $20.95/hr; Parks: Travis Taggart $16.02/hr; Light: Travis Tarr $34.85/hr 11. Invoices Payable 371-16 Alderman Erickson moved approval of the following invoices: Broadcaster Press advertising 1,237.37 Bureau Of Administration telephone 220.87 Cask & Cork merchandise 1,626.00 Centurylink telephone 1,495.41 City Of Vermillion landfill vouchers 348.00 Clay Rural Water System water usage 43.20 Clay-Union Electric Corp electricity 1,571.33 Dakota Beverage merchandise 12,148.91 Dept Of Environment & Natural Res. SWMP loan payments 34,062.66 Dept. Environment Natl Res landfill operations fee 3,225.34 Eldon Nygaard water tapping fee 2,713.14 First National Bank go bond debt service 199,453.72 First Natl Bank In Sioux Falls bond series 2016 fees 400.00 Gallagher Benefit Services professional services 4,166.66 Global Dist. merchandise 405.00 Gregg Peters managing fee 6,000.00 Hy Vee Food Store supplies 215.21 Interstate Improvements refund meter deposit 672.84 John A Conkling Dist. merchandise 3,796.80 Johnson Brothers Of SD merchandise 18,885.40 Jon Cole gym membership reimb 225.00 Lawson Products Inc supplies 319.81 League Of Nebraska Municipalities advertising 155.65 Loren Fischer Disposal haul cardboard 210.00 MidAmerican gas usage 1,230.10 Midcontinent Communication cable/internet service 718.68 Prairie Berry Winery merchandise 688.00 Quality Telecommunications repairs 50.00 Republic National Distributing merchandise 23,381.79 Reserve Account postage for meter 950.00 Schade's Vineyard merchandise 792.00 SD Federal Property Agency Caterpillar scraper 12,500.00 9 Southern Glazer's Of SD merchandise 865.96 Staples Advantage supplies 1,490.70 Stern Oil Co. fuel 11,281.98 The Equalizer advertising 159.50 United Parcel Service shipping 78.23 Us Postmaster postage for utility bills 900.00 Veolia Environmental Service household hazardous waste 29,641.93 Vermillion Food Pantry contribution 2,500.00 With The Wind Vineyard & Winery merchandise 843.30 Michael Carlson Bright Energy Rebate 21.00 Julia Blue Bright Energy Rebate 575.00 Karen Muenster Bright Energy Rebate 250.00 Vermillion Beauty Shop Bright Energy Rebate 250.00 Trinity Lutheran Church Bright Energy Rebate 322.22 Vern Holter Bright Energy Rebate 9.00 Bob Iverson Bright Energy Rebate 65.89 Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of December 5, 2016 for a retail on-off sale wine license for Schelby Manning for Studio Muse at 117 East Cherry B. Set a bid opening date of December 14, 2016 at 1:30 p.m. for the power transformer to be located in the Northeast Substation. 372-16 Alderman Price moved approval of the consensus agenda. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 373-16 Alderman Erickson moved to adjourn the Council Meeting at 7:41 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of November, 2016. 10  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 ___________. 11