City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session March 20, 2017 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, March 20, 2017 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Meins 2. Informational Item – Transportation Study grant from the South Dakota Department of Transportation – Jose Dominguez Jose Dominguez, City Engineer, reported that the City applied for a State funded transportation study in January 2017 and was notified on March 13, 2017 that our project was selected to receive funding. Jose stated that the City would be responsible for 20% of the cost, not to exceed $25,000. Jose reported that the City currently has a transportation master plan that was completed in 2012. Jose stated that the master plan takes into consideration all forms of transportation and also provides guidelines, as far as when to do improvements, but is more of a broad view of our system and does not dwell on specifics for each particular mode of transportation. Jose stated that the proposed study would amend the 2012 master plan and will only be looking into the bicycle infrastructure. Jose reported that the goal of the study would be to guide the development of a comprehensive system of bicycle friendly facilities that would connect its users to key destinations throughout the City. Jose noted that on the agenda tonight is consideration of the resolution to accept the grant. Jose answered questions of the City Council on the study. 3. Briefing on the March 20, 2017 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 4. Executive Session – Economic Development matter 79-17 Alderman Ward moved to go into Executive Session at 12:11 p.m. for economic development matters. Alderman Price seconded the motion. 1 Motion carried 8 to 0. Mayor Powell declared the Council in Executive Session. Mayor Powell declared the Council out of Executive Session at 12:49 p.m. 80-17 Alderman Ward moved to authorize the Mayor to sign the letter of intent to indicate the City’s willingness to participate in an economic development proposal following the amendments to the letter of intent. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Adjourn 81-17 Alderman Ward moved to adjourn the Council special session at 12:50 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of March, 2017. 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 March 20, 2017 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on March 20, 2017 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell, Student Representative Ireland 2 2. Pledge of Allegiance 3. Minutes A. Minutes of March 6, 2017 Special Meeting; March 6, 2017 Regular Meeting; March 13, 2017 Special Meeting 82-17 Alderman Sorensen moved approval of the March 6, 2017 Special Meeting, March 6, 2017 Regular Meeting and March 13, 2017 Special Meeting minutes. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 83-17 Alderman Price moved approval of the agenda. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Special daily malt beverage and wine license for the Vermillion Area Arts Council on or about April 1, 2017 at 202 Washington Street Mike Carlson, Finance Officer, reported that the Vermillion Area Arts Council has applied for a special daily malt beverage and wine license for a special event on or about April 1, 2017 at 202 Washington. Mike stated that the notice of hearing and Police Chief’s reports are included in the packet. Mike noted that staff is not aware of any issues with previous special permits for the Arts Council. 84-17 Alderman Erickson moved approval of the special daily malt beverage and wine license for the Vermillion Area Arts Council on or about April 1, 2017 at 202 Washington Street. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. 2016 Annual Library report 3 Dan Burniston, Librarian, reported that State law requires the Library Board to prepare and submit an annual report to the governing body and the state library. Dan reviewed the 2016 Library Annual Report that was included in the packet. Dan answered questions on the City Council on the library annual report. Discussion followed on the report 85-17 Alderman Sorensen moved to acknowledge receipt of the 2016 Library Annual Report. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Ordinance 1352 to amend Title XI Business Regulations, Chapter 112, Sections 112.24, 112.25 and 112.31 to reflect State Statutes identifying which license holders are responsible to collect the 5% malt beverage markup on the wholesale cost of malt beverages plus freight John Prescott, City Manager, reported as background that at the February 17, 2015 meeting the City Council approved second reading of Ordinance 1325 to implement a 5% malt beverage markup on the wholesale cost and freight of malt beverages by a unanimous vote. John stated that following approval by the City Council an initiated measure placed the ordinance before the voters. John reported that the ordinance was upheld by the voters at a special election on June 30, 2015 by a margin of 63% to 37% with the ordinance officially taking effect on July 1, 2015. John stated that under the current state statute the malt beverage markup applies only to beer sold by malt beverage license holders. John noted that a holder of a liquor license can sell malt beverage without a malt beverage license and, as such, do not pay the malt beverage markup on their beer purchases. John reported that six liquor license holders dropped their malt beverage license after the malt beverage markup ordinance became effective. John reported that selling malt beverages under a liquor license allows some establishments to escape the City Council and voter approved measure. John noted that three liquor license holders did not previously hold a malt beverage license and that one of these three licenses is currently inactive. John stated that the City Council adopted a resolution on December 19, 2016 encouraging the District 17 delegation to support a change in the malt beverage markup state statutes. John stated that all three members of the delegation responded to the City Council’s request and Senate Bill 75 was introduced during the 2017 Legislative Session. John noted that Senator Rusch, Representative Ring, Representative Rasmussen and fourteen other legislators sponsored the bill. John reported that Senate Bill 75 passed the Senate on a 28 to 4 vote and the bill was placed on the House consent agenda and passed with a vote of 66 to 0. John stated that Governor Daugaard signed Senate Bill 75 on March 8th. John reported that South Dakota Codified Law 35-4-60.2 will 4 be changing on July 1, 2017 to add licenses issued under subdivision 35-4-2(3), 35-4-2(4), and 35-4-2(20). John noted that currently only licenses issued under subdivision 35-4-2(16), 35-4-2(17), and 35-4- 2(17A) are responsible for paying the malt beverage markup on the wholesale cost plus freight. John reported that Ordinance 1352 amends City Code to reflect the State Statutes pertaining to the malt beverage markup. John noted that the effective date of the Ordinance is July 1, 2017 when the State Statutes are amended to reflect the adoption of Senate Bill 75. John reported that adoption of the Ordinance will provide that the Council decision and community vote are heard, city and state statutes are consistent, and that malt beverages sold within Vermillion have an equal cost basis. Discussion followed. 86-17 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. 1352 entitled An Ordinance amending Title XI Business Regulations, Chapter 112 Alcoholic Beverages, Sections 112.24, 112.25 and 112.31 of the revised ordinances of the City of Vermillion, South Dakota to include licensee licensed under Subdivision 35-4-2(3), (4), or (20) imposing a charge upon malt beverage purchases pursuant to SDCL 35-4-60.2 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 20th day of March, 2017 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 8 members voted in favor of and 1 members voted in opposition to the motion. Mayor Powell declared the motion adopted. C. Declare house at 435 Prentis surplus Jose Dominguez, City Engineer, reported that on March 3, 2017 the City closed on the purchase of the property at 435 Prentis Street. Jose stated that the property was purchased for the purpose of relocating the sanitary sewer lift station out of the street onto this lot. Jose stated that the house will need to be declared surplus and appraised by the Surplus Property Appraisal Committee then sold by sealed bids to be moved. Jose noted that staff felt the appraised value would be $10,000 and that a bid opening date will be set. 87-17 5 Alderman Meins moved to declare the house at 435 Prentis as surplus and authorized the Surplus Property Appraisal Committee to appraise the house to be sold by sealed bids. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Appointments to the Consolidated Board of Equalization Mike Carlson, Finance Officer, reported that, as part of the Consolidated Board of Equalization agreement between the County, City and School, the City needs to appoint three members to serve on the Consolidated Board of Equalization that will meet April 11th and, if needed, another day later in April. Mike noted that the appointment should include that the remaining Council members will serve as alternates if one of the members is unable to serve. Discussion followed with Alderman Holland, Price and Ward volunteering to serve. 88-17 Alderman Erickson moved approval of the appointment of Alderman Holland, Price and Ward to serve as the City representatives on the Consolidated Board of Equalization with the remaining members to serve as alternates. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. E. Resolution Accepting the Agreement for Funding a Transportation Planning Study Jose Dominguez, City Engineer, reported that the City of Vermillion has been selected to receive assistance from the Department of Transportation (DOT) to perform a Transportation Study. Jose stated the City’s current transportation plan has been in place since September 2012. Jose noted that this transportation plan provides the City with a multimodal plan that can be used through the community and into the growth areas. Jose stated that the report looks at improvements that can be made to the existing system based on growth, safety, congestion and roadway geometrics. Jose stated that the proposed study would be considered an amendment to the existing plan since it will only deal with the bicycle infrastructure in the City. Jose stated that the amendment to the plan is intended to recommend bicycle friendly facilities that would connect key destinations throughout Vermillion. Jose stated that the cost to the City will be 20% of the project costs not to exceed $25,000. Jose noted that this will be reimbursed to the DOT once the study is completed and the necessary funding would be included in the 2018 budget to fund the City share. Jose stated that the City Council will need to provide a resolution accepting the agreement for funding of a transportation planning study. 89-17 6 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION ACCEPTING THE AGREEMENT FOR FUNDING OF A TRANSPORTATION PLANNING STUDY WHEREAS, the City of Vermillion applied for a State Planning and Research (SPR) Funded Transportation Study through the South Dakota Department of Transportation, and WHEREAS, the City of Vermillion was notified of the approval of the application to receive assistance to perform a transportation study, and WHEREAS, the Governing Body of the City of Vermillion is required to accept the financial agreement by resolution. NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of Vermillion accepts the financial agreement for funding of a transportation planning study and authorizes the City Manager to sign the financial agreement with the State that will reimburse the State no more than twenty percent (20%), not to exceed twenty-five thousand dollars ($25,000), of the study’s final cost. Dated at Vermillion, South Dakota this 20th day of March, 2017. 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 Ward. 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. Policies and Procedures Committee recommendations Alderman Holland, Chairman of the Policies and Procedures Committee, reported that the committee met on March 16th to review two items. Alderman Holland stated that a letter was received from the Vermillion Rotary Club offering to donate $10,000 for improvements at Sertoma Park (located at the corner of Cottage and Rice Streets) along with a 7 request to rename the park to Rotary Park. Alderman Holland reported the committee authorized staff to develop a proposal to bring to the City Council to rename the park. Alderman Holland reported that the second item was the request to amend the City ordinance on telecommunications towers to allow towers within 300 feet of residential zoned property. Alderman Holland stated that Curt Walters, with Verizon, provided examples of stealth or camouflage towers with one that looked like a water tower. Alderman Holland stated that the committee requested staff develop an amendment to the ordinance which would allow stealth or camouflage towers within 300 feet of residential property with City Council approval for continued discussion by the committee. Discussion followed on the possible ordinance change. 90-17 Alderman Holland moved to accept the report of the Policies and Procedures committee as presented. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Prentis Lift Station and Sanitary Sewer Improvements Jose Dominguez, City Engineer, reported that bids were opened on March 14th for the Prentis Street lift station and sanitary sewer improvements. Jose reported that there were three bids received with appropriate bid security ranging in a total cost of $1,084,781.70 to $1,397,646.00. Jose stated that the bids were reviewed by Banner Associates with their letter of recommendation included in the packet. Jose stated that Banner Associates recommends to take the low base bid from First Rate Excavate, Inc. of Sioux Falls, SD, and to not take the bid alternate. Jose reported that after reviewing the complete bid it was decided that the proposed pump in the bid alternate would be of a lesser quality than the one proposed in the base bid so the alternate bid was not chosen. Jose reported that the project will be funded from a $515,000 CDBG and $841,000 SRF loan. Bids: First Rate Excavation, base bid $1,084,781.70 bid alternate - $6468.00; H& W Contracting, LLC base bid $1,304,219.45 bid alternate - $7,200.00; Geislinger and Sons, Inc base bid $1,397,646.00 bid alternate -$4,000.00 91-17 Alderman Holland moved approval of the low bid of First Rate Excavation base bid of $1,084,781.70 for the Prentis Street lift station and 8 sanitary sewer improvements and authorize the City Manager to execute contracts. 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 Paint South Dakota will take place again this June. John stated that the program is seeking a volunteer group to paint a house. John stated that the home must be a single family owner- occupied home in need of painting and the owner should be physically or financially unable to paint the home. John asked that eligible homeowners and volunteer groups contact the City so that Vermillion can apply to be one of the 25 locations in South Dakota this year. B. John reported the Saturday landfill hours will resume on April 1st with the landfill being open from 8:00 a.m. to noon. John also reported that the landfill voucher will be available starting April 1st and will be in the local paper the last week of March and are also available at City Hall. C. John reported the engineer administratively approved the following plats: Plat of Lots 3 through 5, Block 5, Bliss Pointe Addition Plat of Lots 1 & 2, Koch-Powell Addition was approved (land on SE corner of Ponca Avenue and Dakota Street) PAYROLL ADDITIONS AND CHANGES Communications: Marsha McKinney $22.22/hr; Water: Eric McPherson $18.01/hr, Chris Nissen $19.26/hr 11. Invoices Payable 92-17 Alderman Collier-Wise moved approval of the following invoices: John Powell travel reimb APPA rally 1,901.52 Alderman Price seconded the motion. Mayor Powell requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 93-17 Alderman Collier-Wise moved approval of the following invoices: Allegiant Emergency Service fire fighter equipment 40,740.00 Broadcaster Press advertising 1,691.09 Buhl’s Cleaners mat/mop svc 464.90 Bureau Of Administration long distance 191.08 9 Cask & Cork merchandise 559.75 Centurylink telephone 1,583.27 Clay Rural Water System water usage 43.60 Clay-Union Electric Corp electricity 2,074.09 Counting Cars.Com road count package 2,378.91 Dakota Beverage merchandise 5,052.08 Dept. Environment Natl Res landfill operations fee 2,402.83 Division Of Motor Vehicle plate decals 12.40 Gregg Peters managers fee 6,000.00 John A Conkling Dist. merchandise 1,778.65 Johnson Brothers Of SD merchandise 10,026.27 Loren Fischer Disposal haul cardboard 210.00 Louie’s Carpet Clean, Inc water extraction 2,100.00 Matt Davis meals and mileage 643.12 Metropolitan Compounds, Inc supplies 672.55 MH Equipment Company fork lift 19,800.00 MidAmerican gas usage 5,933.38 Midcontinent Communication cable/internet service 728.68 Pitney Bowes postage meter lease 289.71 Pitney Bowes, Inc supplies 128.97 Recovery Systems Co, Inc repairs 7,020.98 Republic National Distributing merchandise 12,476.29 Reserve Account postage for meter 900.00 SD Municipal League district meeting registration 140.00 SD Solid Waste Management registration 130.00 Southern Glazer's Of SD merchandise 1,868.31 Staples Advantage supplies 572.92 Stern Oil Co. fuel 10,883.39 Sturdevants Auto Parts parts 377.86 The Equalizer advertising 554.00 Total Flooring repairs 740.80 Treasurer-Clay County storm water fee 77.50 US Postmaster postage 1,060.74 Verizon Wireless hotspot access 80.02 Vermillion Ace Hardware supplies 8.99 Kim Druecker Bright Energy Solutions 16.00 Crystal McGuire Bright Energy Solutions 50.00 Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda 10 A. Set a public hearing date of April 3, 2017 for a special daily malt beverage and wine license on or about April 27, 2017 for Vermillion Area Chamber of Commerce & Development Company, Inc on Ratingen Platz and half block of Market Street south of Main Street for Thursday’s on the Platz/Earth Day events. B. Set a public hearing date of April 3, 2017 for a special permit to exceed allowable sound levels on April 27, 2017 for Vermillion Area Chamber of Commerce & Development Company, Inc on Ratingen Platz and half block of Market Street south of Main Street for Thursday’s on the Platz/Earth Day events. 94-17 Alderman Price moved approval of the consensus agenda. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 95-17 Alderman Ward moved to adjourn the Council Meeting at 7:25 p.m. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of March, 2017. 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