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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · December 19, 2016

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Minutes

Unapproved Minutes Council Special Session December 19, 2016 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, December 19, 2016 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Erickson, Meins 2. Informational Item – Sertoma Park conceptual plan – Jim Goblirsch Jim Goblirsch, Parks and Recreation Director, provided a background on Sertoma Park located at the corner of Cottage Avenue and Rice Drive. Jim reported that the park is in need of some updating. Jim reviewed proposed improvements to the park consisting of removing hedges, planting trees, play ground structure (ADA compliant), swing set, picnic shelter with concrete pad, sidewalks and sign. Jim provided a conceptual plan of these improvements with an estimated cost of $29,000. Jim noted that there was still $7,000 of funds remaining from a private donation to the City that could be used as part of the funding. Jim answered questions of the City Council on the conceptual plan noting that currently this is just a proposal. Discussion followed on the conceptual plan with the consensus of the City Council to move forward with the plan as funding is available. 3. Informational Item – Discussion on draft 2017 budget revision ordinance – John Prescott John Prescott, City Manager, reported that when the 2017 budget was prepared the City was faced with a nearly 100% increase in health insurance costs for 2017. John stated that since the budget was adopted the health insurance issue has been resolved without an increase in the premiums. John reported that there were a number of items adjusted to balance the 2017 budget with a 75% increase in health insurance premiums. John reviewed the adjustments made to the equipment replacement rents and equipment purchases, reduced library materials, the proposal of the Ambulance Department to move to paramedic service, reductions in City Hall maintenance, street maintenance, City Council COLA was not included for 2017 and reduced supplies and materials for parks and recreation. John answered questions of the City Council on 1 the items removed, noting that, as to moving to paramedic ambulance service, we might want to wait until the new fire chief is hired to review this option before taking steps to implement. John stated that the he would propose that a budget supplement be prepared for consideration in early 2017 to replace the items that the City Council would determine they want to include. Discussion followed on the items. The consensus of the City Council was to include all the items in a supplemental budget ordinance for consideration in 2017. 4. Briefing on the December 19, 2016 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Executive Session Contractual Matters 386-16 Alderman Ward moved to go into executive session at 12:39 p.m. for contractual matters. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the Council in executive session. Mayor Powell declared the City Council out of executive session at 12:54 p.m. 387-16 Alderman Holland moved to authorize staff to prepare a resolution to purchase the property necessary for the Prentis Street lift station project at the sales price offered for consideration at the next City Council meeting. Alderman Sorensen seconded the motion. Discussion followed on the need to notify the neighbors of the change in plans. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 5. Adjourn 388-16 Alderman Ward moved to adjourn the Council special session at 1:00 p.m. Alderman Humphrey seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of December, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer 2 Unapproved Minutes City Council Regular Session December 19, 2016 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, December 19, 2016 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell 2. Pledge of Allegiance 3. Minutes A. Minutes of December 5, 2016 Special Meeting, December 5, 2016 Regular Meeting 389-16 Alderman Collier-Wise moved approval of the December 5, 2016 Special Meeting and December 5, 2016 Regular Meeting minutes. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda Mayor Powell noted that we need to add to Item 5: Visitors to be Heard the Pinning of the Volunteer Fire Fighters and EMTs. 390-16 Alderman Price moved approval of the agenda with the addition to Item 5: Visitors to be Heard - A. Pinning of Volunteer Fire Fighters and EMTS. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Pinning of Volunteer Fire Fighters and EMTs Keith Thompson, Representing the Volunteer Fire Department, reported that the following individuals have completed the necessary probationary training to be recognized as Vermillion Volunteer Fire Fighters and EMTs: 3 Firefighter/EMT: Dawn Thompson and Dani Portz; Firefighters: Mike Murra, Jeff Brown, Matt Wilmesr, Hank Lentsch, Armando Barash, Hunter Jackson, Dustin Sockness, DeShaun Alexander and Noah Walker Each member was pinned with a Department badge. Mayor Powell on behalf of the City Council and community thanked the Firefighters and EMT’s for their service to the community. 6. Public Hearings - None 7. Old Business A. Second Reading of 2016 Supplemental Appropriation Ordinance 1350 Mike Carlson, Finance Officer, reported that the supplemental appropriations ordinance is needed to adjust the budget for items that have changed since the budget was adopted in September 2016. Mike noted that the ordinance had first reading on December 5th and reviewed the amounts of the changes proposed in the General Fund, Second Penny Sales Tax Fund, E911 Fund, City Hall Debt Service Fund, Prentis Park Capital Project Fund, and Equipment Replacement Fund. Discussion followed. 391-16 Second reading of title to Ordinance No. 1350, entitled 2016 Budget Supplemental Appropriations Ordinance for the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Sorensen moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1350 entitled 2016 Budget Supplemental Appropriations Ordinance was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 5th day of December, 2016 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of December, 2016 at the City Hall Council Chambers in the manner prescribed by SDCL 9- 19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE NO. 1350 2016 SUPPLEMENTAL APPROPRIATIONS ORDINANCE AN ORDINANCE ADOPTING a 2016 Supplemental Appropriations Ordinance for the City of Vermillion, South Dakota. 4 BE IT ORDAINED, BY THE GOVERNING BODY of the City of Vermillion, that the following sums are appropriated to meet the obligations of the municipality. Amount of 2016 Proposed Supplemental Budget Budget Budget General Fund: Revenues: Contributions & Donations 5,000 6,210 1,210 Appropriation from Reserve 419,771 444,771 25,000 Expenditures: Street Dept Repairs 18,000 43,000 25,000 Swimming Pool Wages 67,736 35,786 (31,950) Swimming Pool Chemicals 16,000 11,250 (4,750) Library Furniture & Equip -0- 1,210 1,210 Transfer to Prentis Park CP 319,455 356,155 36,700 Second Penny Sales Tax Fund Expenditures: Fire Dept Equipment 223,200 234,700 11,500 Transfer to City Hall DS 348,460 350,010 1,550 Appropriation to Reserve 175,388 162,338 (13,050) E911 Fund Expenditures: Repairs & Maintenance 5,000 3,350 (1,650) Furniture & Equipment -0- 1,650 1,650 City Hall Debt Service Revenue: Transfer in Second Penny 348,460 350,010 1,550 Expenditures: Fiscal Fees 2,000 3,550 1,550 Prentis Park Capital Project Fund Revenues: Transfer in General Fund 319,455 356,155 36,700 Expenditures: Improvements Other -0- 36,700 36,700 Equipment Replacement Fund Revenues: Contributed Capital -0- 19,000 19,000 Expenditures: Equipment Replacement 614,169 633,169 19,000 Dated at Vermillion, South Dakota this 19th day of December, 2016. 5 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By:____________________________ John E. (Jack) Powell, Mayor ATTEST: By:__________________________________ Michael D Carlson, Finance Officer Adoption of the Ordinance was seconded by Alderman Ward. Thereafter, the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Collier- Wise-Y, Erickson-Y, Holland-Y, Humphrey-Y, Meins-Y, Price-Y, Sorensen- Y, Ward-Y, Mayor Powell-Y Motion carried 9 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Resolution requesting the District 17 delegation support legislation to change state statute to have the malt beverage markup apply to all licensees who sell malt beverages. John Prescott, City Manager, reported as background that, in February 2015, the City Council approved Ordinance No. 1325 to implement a 5% malt beverage markup on the wholesale cost and freight of malt beverages by a unanimous vote. John stated that an initiated measure placed the ordinance before the voters. John stated that the ordinance was upheld by the voters at a special election on June 30, 2015 by a margin of 63% to 37%. John reported that liquor license holders can sell malt beverages under their liquor license without a malt beverage license and, as such, the malt beverage markup does not apply to their purchases. Since the implementation of the markup, six liquor license holders have not renewed their malt beverage licenses. John stated that without the malt beverage license, liquor license holders are not permitted to sell malt beverage to go or be open on Christmas Day. John noted that a number of Council members have discussed the need to change the state statute so that all malt beverage purchases are at the same price in the community. John stated that during the legislative debate the members were asked if they would support changing the state statue so that it would create a level playing field for all establishments purchasing malt beverages within Vermillion and other South Dakota Cities. John stated that the resolution included in the packet encourages District 17 legislators to support a change in the malt beverage state statutes. John stated that the resolution does not change the existing ordinance in any way as well as the use of the funds that will go for parks improvements of which currently is the payment of the swimming pool bond. Discussion followed on the 6 resolution as well as the malt beverage markup. 392-16 Alderman Collier-Wise moved approval of the resolution to encourage District 17 Legislators to support a change in the malt beverage state statutes to create a level playing field for malt beverages purchased in Vermillion and other South Dakota Cities. Alderman Price seconded the motion. Alderman Erickson stated that he would not be supporting the resolution as residents of his ward opposed the malt beverage markup ordinance. Discussion followed. Motion carried 8 to 1. Mayor Powell declared the motion adopted. B. Resolution Fixing the Time and Place for a Hearing and Notice of hearing on the Special Assessment Roll for Sidewalk Repairs (Southwest Quadrant) Jose Dominguez, City Engineer, reported that on December 16, 2013 the City Council approved a Resolution Adopting the Resolution of Necessity for sidewalk repairs in the southwest quadrant. Jose stated that the work has been completed and final payment was authorized. Jose reported that the special assessments have been calculated and filed with the Finance Officer. Jose stated that the resolution will set a public hearing date of January 16, 2017 and that notices will be mailed to property owners. Discussion followed. 393-16 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION FIXING THE TIME AND PLACE FOR A HEARING AND NOTICE OF HEARING ON THE SPECIAL ASSESSMENT ROLL FOR SIDEWALK REPAIRS IN THE CITY OF VERMILLION, SD 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 7th day of December, 2016, for the repair of sidewalks in front or abutting lots in the City of Vermillion, Clay County, South Dakota, said special assessment being against the property abutting upon: PARCEL NUMBER PROPERTY ADDRESS LEGAL DESCRIPTION AMOUNT 15530-01400-020-00 203 Court Lots 1 & 2 Blk 14 Original Town $863.23 N 70’ of 18, 19 & 20 Blk 31 15530-03100-200-00 5 Luxemburg Original Town $3,243.46 N 32’ of 13 & all of 14 Blk 13 15530-01300-140-00 204 Court Original Town $806.54 7 15720-03800-040-00 14 Washington Lot 4 Blk 38 Snyders $1,535.20 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; and WHEREAS, said assessment roll shows as follows: 1. The name of the owner(s) of each lot to be assessed, as shown by the assessment rolls, of the Director of Equalization. 2. 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; 3. The amount assessed against each lot; 4. 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; 5. Whenever the word “lot” appears therein, it shall be construed to include tracts and other parcels of land. NOW, THEREFORE, BE IT RESOLVED, that Monday, the 16th day of January, 2017, at the hour of 7:00 p.m. in the City Council Chambers at City Hall located at 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 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 construction of said improvement. 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 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 improvement 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. 8 Dated at Vermillion, South Dakota, this 19th day of December, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA: By: _____________________________________ John E. (Jack) Powell, Mayor ATTEST: _______________________________ Michael D. Carlson, Finance Officer 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. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. C. Resolution of Necessity and Notice of Hearing for Sidewalk Repairs (Southeast Quadrant) Jose Dominguez, City Engineer, reported on the sidewalk inspection program that this past summer inspected the sidewalks in the southeast quadrant of the city. Jose stated that during the inspections staff looked for a couple of deficiencies: trippers and surface conditions. Sidewalk tiles were inspected more closely to verify that they were functioning as originally constructed. Jose noted that, if the panels were found to be deficient, they were also marked for replacement. Jose stated that the resolution is to set a public hearing of January 16, 2017 and the property owners will be notified of the hearing. Jose stated that the property owners who complete the repairs or hire someone to complete the repairs are to file a no cost permit with the Engineering Office by June 30, 2017 and the repairs are required to be made by December 31, 2017. Discussion followed. 394-16 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION OF NECESSITY AND NOTICE OF HEARING FOR SIDEWALK REPAIRS IN THE CITY OF VERMILLION, SD BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 19th day of December, 2016, that the necessity has arisen for sidewalk repairs along the parcels of land hereinafter named, viz: Violation Address Violation Legal Description Violation Parcel Estimated Number Cost 9 1572 Brandon Drive LOT 17 BLK 1 COUNTRYSIDE ADDN 15187-00100-170-00 $175.00 500 Bulow Drive LOT 4 BLK 5 EASTGATE MANOR 3RD 15260-00500-040-00 $160.00 501 Bulow Drive LOT 5 BLK 4 EASTGATE MANOR 3RD 15260-00400-050-00 $145.00 620 Canby Street W 20' OF LOTS 2 & 3 BLK 1 AUD TRACT B 15850-00100-030-03 $125.00 710 Canby Street LOT 7 & W 25' OF LOT 8 BLK 2 AUD TRACT B 15850-00200-080-00 $285.00 828 Canby Street LOT 6 BLK 2 MEISENHOLDERS 15460-00200-060-00 $145.00 LOT 3 REPLAT OF BLK 1&2 BLK 2 ST AGNES 419 Catalina Street CHURCH 15740-00200-030-00 $130.00 602 Catalina Street LOT 3 BLK 4 EASTGATE MANOR 2ND 15250-00400-030-00 $445.00 930 Crestview Drive LOT 4 BLK 1 EASTGATE MANOR 2ND ADDN 15250-00100-040-00 $760.00 922 Crestview Drive LOT 3 BLK 1 EASTGATE MANOR 2ND ADDN 15250-00100-030-00 $175.00 E 1/2 OF LOT 6 & ALL LOT 7 BLK 8 EASTGATE 1423 Crestview Drive MANOR 3RD 15260-00800-070-00 $320.00 1001 E Main NW 1/4 NE 1/4 19-92-51 HIGH SCHOOL 15320-09251-191-00 $1,425.00 303 E Main Street LOTS 1 & 2 BLK 76 SMITHS ADDN 15710-07600-020-00 $780.00 215 E Main Street N 89' OF 1, 2 & 3 BLK 74 SMITHS 15710-07400-030-00 $245.00 505 E Main Street LOTS 1, 2 & 3 EAST END 15230-00000-030-00 $225.00 854 Eastgate Drive LOT 6 BLK 1 EASTGATE MANOR 15240-00100-060-00 $145.00 E 60' OF 11 & W 10' OF 12 BLK 1 EASTGATE 944 Eastgate Drive MANOR 15240-00100-120-00 $155.00 23 Forest Avenue LOT 9 & 10 BLK 73 SMITHS 15710-07300-100-00 $225.00 N 1/2 VAC 5TH ST & N 1/2 OF LOT 1 & 2 BLK 80 310 Forest Avenue EAST VERMILLION 15280-08000-020-03 $475.00 224 Forest Avenue S 18' OF LOT 2 & ALL OF LOT 3 BLK 3 HANSONS 15300-00300-030-00 $225.00 300 Forest Avenue LOT 5 & N 1/2 OF 6 BLK 3 HANSONS 15300-00300-060-00 $475.00 208 Forest Avenue LOTS 3 & 4 BLK 2 HANSONS 15300-00200-040-00 $445.00 216 Forest Avenue LOT 1 & N 32' OF LOT 2 BLK 3 HANSONS 15300-00300-020-00 $445.00 26 Forest Avenue W 1/2 OF S 1/2 OF 7 BLK 74 SMITHS 15710-07400-070-00 $225.00 200 Forest Avenue S 25' OF 1 & ALL OF 2 BLK 2 HANSONS 15300-00200-020-00 $445.00 N 135' OF LOT 1 BLK 2 & COMM SW COR LOT 5 BLK 75 THENCE S 6' THENCE E 150' THENCE N 6' 126 Forest Avenue THENCE W TO POB HANSONS 15300-00200-010-00 $670.00 117 Forest Avenue LOT 16 BLK 73 SMITHS 15710-07300-160-00 $225.00 18 Forest Avenue W 1/2 OF N 1/2 LOT 7 BLK 74 SMITHS 15710-07400-070-09 $225.00 618 Lee Street LOT 1 BLK 11 EASTGATE MANOR 3RD 15260-01100-010-00 $590.00 S 103' 7.5" OF LOTS 1 & 2 BLK 81 EAST 324 Lewis Street VERMILLION ADDN 15280-08100-020-00 $225.00 403 Lewis Street N 84' OF EL-1 BLK 77 EAST VERMILLION 15280-07700-000-06 $410.00 E 38' OF 3 EXC E 30' OF N 32' OF LOT 3 BLK 81 EAST 316 Lewis Street VERMILLION 15280-08100-030-00 $145.00 309 Lewis Street LOT 12 & W 1/2 OF 13 BLK 78 EAST VERMILLION 15280-07800-120-00 $305.00 W 35' OF LOT 5 & E 15' OF LOT 6 BLK 82 EAST 418 Lewis Street VERMILLION 15280-08200-060-00 $145.00 701 Lewis Street LOT 1 & N 10' OF LOT 2 BLK 2 AUD TRACT B 15850-00200-020-00 $430.00 Alley Lewis Street $400.00 952 Lewis Street LOT 6 BLK 1 EASTGATE MANOR 3RD 15260-00100-060-00 $145.00 10 916 Lewis Street LOT 3 BLK 1 MEISENHOLDERS 4TH 15480-00100-030-00 $145.00 1515 Lewis Street LOT 2 BLK 12 EASTGATE MANOR 3RD 15260-01200-020-00 $145.00 236 Linden Street LOT 20 BLK 1 EASTSIDE 15270-00100-200-00 $225.00 N 1/2 OF LOT 19 & S 25' OF LOT 20 & E 1/2 VAC 321/323 Linden Street ALLEY ADJACENT TO BRUYERS 15130-00100-200-03 $630.00 Alley Linden Street $250.00 S 18' OF LOTS 1 & 2 & N 32' OF LOT 3 BLK 1 15 Linden Street COLLEGE PARK 15170-00100-030-00 $1,375.00 216 Linden Street LOT 17 & N 39.2' OF 18 BLK 1 EASTSIDE 15270-00100-180-00 $845.00 206 Linden Street LOT 14 BLK 1 EASTSIDE 15270-00100-140-00 $225.00 108 Linden Street LOT 7 BLK 1 EASTSIDE ADDN 15270-00100-070-00 $445.00 20 Mickelson Avenue LOT 5 BLK 2 DAHLS ADDN 15202-00200-050-00 $225.00 925 Ridgecrest Drive LOT 9A BLK 1 RIDGECREST 6TH 15650-00100-090-00 $145.00 937 Ridgecrest Drive LOT 10A BLK 1 RIDGECREST 6TH ADDN 15650-00100-100-00 $145.00 1011 Ridgecrest Drive LOT 13 BLK 1 RIDGECREST 15600-00100-130-00 $160.00 1119 Ridgecrest Drive LOT 14 BLK 4 RIDGECREST 5TH 15640-00400-140-00 $145.00 1134 Ridgecrest Drive LOT 9 BLK 4 RIDGECREST 5TH 15640-00400-090-00 $160.00 603 S Norbeck Street LOT 11 BLK 6 EASTGATE MANOR 3RD 15260-00600-110-00 $145.00 109 S Pine Street LOTS 18 & 19 EAST VIEW 15290-00100-190-00 $225.00 Alley S Pine Street $400.00 302 S Pine Street LOT 10 BLK 3 EASTSIDE 15270-00300-100-00 $225.00 100 S Pine Street LOT 1 & N 14' OF 2 NELSONS 15500-00000-020-00 $450.00 203 S University Street LOT 2 & 3 BLK 5 ADD TO HANSONS 15310-00500-030-00 $475.00 221 S University Street LOT 1 MORRIES 15490-00000-010-00 $225.00 239 S University Street LOT 1 & N 35' OF LOT 2 CUSICKS ADDN 15200-00000-020-00 $1,110.00 N 1/2 OF LOTS 1, 2 & 3 BLK 82 EAST VERMILLION 315 S University Street ADDN 15280-08200-030-00 $245.00 12 S University Street LOT 5 EAST END 15230-00000-050-00 $250.00 102 S University Street LOT 1 & N 18' OF LOT 2 BLK 2 COLLEGE PARK 15170-00200-020-00 $225.00 S 32' OF LOT 2 & N 12' OF LOT 3 BLK 2 COLLEGE 106 S University Street PARK 15170-00200-030-00 $225.00 Alley S University Street $300.00 10 S University Street LOT 4 EAST END 15230-00000-040-00 $445.00 207 S Yale Street N 57' LOT 5 BLK 4 ADD TO HANSONS 15310-00400-050-00 $845.00 219 S Yale Street S 50' OF LOT 7 BLK 4 ADDN TO HANSONS 15310-00400-070-00 $480.00 L-1 EXC S 8' & EXC W 20' NE 1/4 NE 1/4 24-92-52 309 S Yale Street UNPLATTED S YALE~ 15870-09252-240-09 $250.00 408 S Yale Street S 60' OF E L-1 BLK 77 EAST VERMILLION 15280-07700-000-09 $270.00 422 S Yale Street W 1/2 OF 9 & ALL 10 BLK 77 EAST VERMILLION 15280-07700-100-00 $530.00 110 S Yale Street LOT T-2 BLK 78 SMITHS 15710-07800-000-15 $270.00 102 S Yale Street S 78' OF N 404' OF W 185' OF BLK 78 SMITHS 15710-07800-000-06 $270.00 103 S Yale Street LOTS 1 & 2 BLK 77 SMITHS 15710-07700-020-00 $5,455.00 COMM AT A POINT 216' S OF NW COR OF BLK 78 E 24 S Yale Street 130' S 55', SMITHS 15710-07800-000-00 $270.00 952 Sunset Street LOT 2 BLK 1 PARK VIEW ACRES 2ND 15570-00100-020-00 $355.00 11 311 Sycamore Street LOT 3 BLK 1 EAST ACRES 15220-00100-030-00 $250.00 306 Sycamore Street LOT 16 BLK 1 URUPS 15780-00100-160-00 $285.00 W 76' OF LOT 1 BLK 6 MEISENHOLDERS 3RD 510 Thomas Street ADDN 15470-00600-010-03 $145.00 518 Valleyview Drive LOT 13 BLK 2 VALLEY VIEW 15800-00200-130-00 $480.00 514 Valleyview Drive LOT 14 BLK 2 VALLEY VIEW 15800-00200-140-00 $880.00 508 Valleyview Drive LOT 15 BLK 2 VALLEY VIEW 15800-00200-150-00 $485.00 1030 Valleyview Drive LOT 5 BLK 4 RIDGECREST 15600-00400-050-00 $175.00 818 Valleyview Drive LOT 2 BLK 2 RIDGECREST 15600-00200-020-00 $145.00 806 Valleyview Drive LOT 1A REPLAT LOT 1 BLK 2 RIDGECREST 15600-00200-010-00 $430.00 836 Valleyview Drive LOTS 4 & 5 BLK 2 RIDGECREST 15600-00200-050-00 $430.00 848 Valleyview Drive LOT 7B & LOT 6 BLK 2 RIDGECREST 15600-00200-060-00 $175.00 1090 Valleyview Drive LOT 16 BLK 4 RIDGECREST 4TH 15630-00400-160-00 $195.00 1225 Valleyview Drive LOT 29 BLK 1 RIDGECREST 2ND 15610-00100-290-00 $145.00 E 40' OF LOT 9 & ALL OF 10 BLK 7 EASTGATE 1234 Valleyview Drive MANOR 3RD ADDN 15260-00700-100-00 $145.00 229 Walker Street LOT 5 BLK 5 MEISENHOLDERS 3RD 15470-00500-050-00 $285.00 The estimate is based on 2016 estimated costs. BE IT FURTHER RESOLVED, that the property owner shall, at their own expense, repair the sidewalk according to the specifications filed in the office of the City Engineer. The repairs must be under contract to be completed no later than the end of 2017. A no cost permit is required to be filed at the City for any repairs performed to the sidewalks. This permit is required to be filed whether the owner is performing the work himself, hiring a contractor to complete the work or electing to have the City perform the work. The permits will be due to the City no later than June 30, 2017. BE IT FURTHER RESOLVED, that if a property owner does not repair their sidewalk properly within the time specified, the City of Vermillion will cause the repairs to be made and assess the costs, plus a fiscal fee. The fiscal fee will be EIGHT PERCENT (8%) of the cost or FIFTY DOLLARS ($50.00), whichever is greater. BE IT FURTHER RESOLVED, that the assessment shall be payable in two (2) equal annual installments. Any assessment or installment not paid within THIRTY (30) days after filing the approved assessment roll in the Finance Office shall be collected under Plan One, collection by the County Treasurer, as set forth in SDCL 9-43, and that all deferred payments shall bear interest at the rate of TEN PERCENT (10%) per annum. BE IT FURTHER RESOLVED, that any person interested may appear and show cause, before the Governing Body of the City of Vermillion, at the City Council Chambers of said City at 7:00 p.m. on the 16th day of January, 2017 why the above and foregoing resolution should not, at said time and 12 place, be adopted and passed by the Governing Body, at which time the Governing Body will finally approve, disapprove, or modify the same in its discretion. Dated at Vermillion, South Dakota this 19th day of December, 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 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. D. Final Plat of Lots 5, 6, 7, 8A, 9A, 10A and 14A, Block 1, Bliss Pointe Addition, to the City of Vermillion in the S ½ of Section 14, T92N, R52W of the 5th P.M., Clay County, South Dakota Jose Donenguez, City Engineer, reported on the receipt of a plat from Banner Associates, Inc. for seven lots on Bliss Pointe Addition. Jose noted that the final platted area is roughly 4.37-acres. Jose stated that this final plat will be replating lots 8, 9, 10 and 14 to 8A, 9A, 10A and 14A. Jose noted that the replat will add property to the lots making them larger by adding property between the original rear lot line and the bluff. Jose noted that the other three lots (lots 5 through 7) will be final platted, but not replated. Jose stated that the Planning Commission reviewed the plat and unanimously recommended approval. Discussion followed. 395-16 After reading the same once, Alderman Ward 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: Lots 5, 6, 7, 8A, 9A, 10A and 14A, Block 1, Bliss Pointe Addition, in the S ½ of Section 14, T92N, R52W of the 5th P.M. City of Vermillion, Clay County, South Dakota for approval. BE IT RESOLVED that the attached and foregoing plat has been submitted to and a report and recommendations thereon made by the Vermillion Planning Commission to the City Council of Vermillion which has approved the same. 13 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. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. E. Consideration of amounts paid for services performed for benefit of the City John Prescott, City Manager, reported that the City Electric Department pays for the following services: overhead to underground electric services, moving a meter from the inside of a structure to the outside and for installing load controllers for electric water heaters and air conditioners. John reported that the fee for load controller install has not been adjusted since 1985 when it was set at $25. John reported that the electric superintendent surveyed other communities and found the fee should be $50 to cover costs and remain competitive. John recommended adoption of the resolution adjusting the reimbursement fee for load controllers. 396-16 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION AMENDING LOAD CONTROLLER INSTALLATION FEES WHEREAS, Title V Chapter 51 Section 51.2 of the 2008 Revised Ordinances of the City of Vermillion requires the installation of load control receivers to be installed in each home and commercial building which has controllable devices with the cost of installation to be an obligation of the city, and WHEREAS, the city has reimbursed licensed electricians $25 for installing the load control receivers for air conditioners and electric water heaters, and 14 WHEREAS, there is a need to review and adjust fees as things change over time; and BE IT HEREBY RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council Chambers of said City at 7:00 p.m. on the 19th day of December, 2016, that the reimbursement fee as of January 1, 2017 is set as follows: Load control receiver installation fee for licensed electrician be set at $50.00 per load control receiver installed as required by the Electric Department. Dated at Vermillion, South Dakota this 19th day of December, 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 Collier-Wise. 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. F. Public Safety Center Board appointment Mike Carlson, Finance Officer, reported that when the Public Safety Center was built there was a Construction and Use Agreement entered into with Clay County that created a Public Safety Center Board to resolve any issue between the City and County on the use of the facility. The current Board members are Dave Thiesse (2018), Robert Fuller (2016) and Bruce Plate (2017). Mike stated that Sheriff Howe and Police Chief Betzen recommended the reappointment of Robert Fuller for a three year term ending December 31, 2019. Discussion followed on the Safety Center Board. 397-16 Alderman Sorensen moved approval of the reappointment of Robert Fuller to the Public Safety Center Board for a term that expires December 31, 2019. Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. G. Commercial Collectors licenses 15 Mike Carlson, Finance Officer, reported that the following have made application, including the proof of insurance, for commercial collectors licenses for 2017: Loren Fischer Disposal - Loren Fischer, Owner; Fischer Disposal, LLC - Lonnie Fischer, Operator ; Art’s Garbage Service - Division of Waste Connections; Vermillion Garbage Service - Marty Johnson, Owner and Independence Waste - K & P Services Inc, Owner. Mike noted that, as part of the renewal, applicants were requested to include any violations of City ordinance and the Police Chief did a local records check on each applicant with his results included in the memo. Discussion followed on the license renewals. 398-16 Alderman Erickson moved approval of the commercial collectors licenses for 2017 for the businesses listed above. Alderman Meins seconded the motion. Discussion followed on the commercial collection process. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Power transformer for new Northeast electrical substation Jose Dominguez, City Engineer, reported that bids were opened on December 14, 2016 for the power transformer for the northeast substation. Jose stated that the bid summary and the report from consulting DGR are included in the packet. Jose stated that DGR recommended acceptance of the low bid of Delta Star, Inc on Alternate A base price of $530,730. Bids: Delta Star, Inc Alternate A: Base Bid: $530,370, Total Evaluation: $679,370, 60 Month Warranty Adder: $0; Alternate B: Base Bid: $561,504, Total Evaluation: $710,504, 60 Month Warranty Adder: $0; WESCO Base Bid: $576,894, Total Evaluation: $718,840, 60 Month Warranty Adder: $10,988 399-16 Alderman Collier-Wise moved approval of the low bid of Delta Star, Inc on alternate A base price of $530,730. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the Recycling Center will not be open this Saturday, December 24th. B. John reported that City offices will be closed on Monday, December 26, 2016 and Monday, January 2, 2017 for the holidays. 16 C. John reported that the next City Council meeting will be on Tuesday, January 3, 2017 due to the offices being closed on Monday, January 2, 2017. D. 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. E. John reported that the Christmas Tree collection site is open and accepts real trees. John stated that the site is located on the south side of Broadway Street just west of Dakota Street. John asked citizens to please remove stands, lights and decorations when disposing with the site accepting trees until January 13, 2017. PAYROLL ADDITIONS AND CHANGES Finance: Vicki Fader $18.02/hr, Sherry Howe $25.28/hr, Janis Johnson $16.08/hr, Lisa Terwilliger $14.02/hr; Garage: Cody Sommervold $16.92/hr; Street: Scott Iverson $16.53/hr; Recreation: Clare Campbell $9.00/hr; Library: Sophia Wermers $11.09/hr; Light: Teresa Gilbertson .25/meter; Wastewater: Fred Balleweg $27.16/hr, Rob Pickens $19.60./hr 11. Invoices Payable 400-16 Alderman Ward moved approval of the following invoices: A & A Refrigeration repairs 1,915.89 Bhs Marketing, LLC soda ash 13,645.72 Broadcaster Press advertising 2,200.46 Buhls Cleaners mat/mop service 732.00 Bureau Of Administration telephone 243.64 Callaway Golf merchandise 170.73 Cask & Cork merchandise 1,017.00 Centurylink telephone 1,495.41 City Of Vermillion landfill vouchers 260.00 Clay Rural Water System water usage 48.30 Clay-Union Electric Corp electricity 2,013.92 Dakota Beverage merchandise 7,370.60 Dept. Environment Natl Resources landfill operations fee 2,889.65 Division Of Motor Vehicle title/plates 15.00 Global Dist. merchandise 386.75 Graham Tire Co. tires 147.00 17 Graymont Capital Inc chemicals 3,980.56 Gregg Peters managers fee 6,000.00 Healthsmart Benefit Solutions refund ambulance payment 366.75 Insurance Benefits Inc. airport liability 3,965.00 John A Conkling Dist. merchandise 4,017.50 Johnson Brothers Of SD merchandise 13,121.08 Kinetic Leasing caterpillar lease 27,818.62 Loren Fischer Disposal haul cardboard 210.00 Michael Heine safety boots reimbursement 100.00 MidAmerican gas usage 2,966.83 Midcontinent Communication cable/internet service 718.68 Missouri Valley Maintenance repairs 15,170.45 Republic National Dist. merchandise 12,112.39 Reserve Account postage for meter 950.00 Sanford Health Plan participation fee 51.00 SD Public Assurance Alliance law enforcement coverage 11,196.24 Southern Glazer's Of SD merchandise 2,296.89 Staples supplies 1,188.44 Stern Oil Co. fuel 10,595.86 The Equalizer advertising 452.50 United Parcel Service shipping 150.81 Us Postmaster presort fee/utility bills 1,115.00 Valiant Vineyards merchandise 504.00 Vermillion Chamber Of Commerce TIF 5 tax collections 13,628.15 With The Wind Vineyard & Winery merchandise 417.00 Nicole Mockler Bright Energy Rebate 232.67 Richard Stensaas Bright Energy Rebate 5.98 Curt Robinson Bright Energy Rebate 20.97 Larry Brady Bright Energy Rebate 400.00 SDML Workers Compensation Fund workers compensation 102,511.00 Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 401-16 Alderman Ward moved to adjourn the Council Meeting at 7:40 p.m. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of December, 2016. 18 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 ___________. 19

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