City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session April 17, 2017 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, April 17, 2017 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 – Proposed Parking Lot plan for Prentis Park – Jose Dominguez Jose Dominguez, City Engineer, reported that for this summer the gravel lot off of Prentis Street will be used for off street parking for the pool and baseball field. Jose reviewed the plan that will have a sidewalk connecting the gravel lot to the pool and that one of the driveways will be closed. Jose presented a plan for a concrete parking lot that will serve the pool/baseball field to be completed in 2018. Jose reviewed the proposed parking lot noting that it will have 54 parking spaces. Jose answered questions of the City Council on the parking lot proposed. Jim Goblirsch, Director of Parks and Recreation, noted that for this summer contact has been made with local baseball teams to have players not use the parking lot spaces. The consensus of the City Council was to proceed with the parking lot as proposed. 3. Briefing on the April 17, 2017 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 4. Executive Session – Personnel Matters 113-17 Alderman Ward moved to go into executive session at 12:28 p.m. for personnel matters. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the meeting in executive session. Mayor Powell declared the City Council out of executive session at 12:48 p.m. 1 5. Adjourn 114-17 Alderman Ward moved to adjourn the Council special session at 12:49 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 April, 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 April 17, 2017 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on April 17, 2017 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell, Student Representative Ireland Absent: Erickson 2. Pledge of Allegiance 3. Minutes A. Minutes of April 3, 2017 Special Meeting; April 3, 2017 Regular Meeting 115-17 Alderman Holland moved approval of the April 3, 2017 Special Meeting and April 3, 2017 Regular Meeting minutes. Alderman Price seconded the 2 motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 116-17 Alderman Price moved approval of the agenda. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard Alderman Humphrey extended congratulations to Kim Johnson, Austin Elementary Principal, for receiving the National Distinguished Principal award at the State Principals Conference in Spearfish. A. Arbor Day Proclamation Alderman Sorensen read the Arbor Day Proclamation recognizing April 28, 2017 as Arbor Day in Vermillion urging all citizens to support efforts to protect our trees and woodlands. Mayor Powell presented the proclamation to Ryan Baedke, representing the Parks & Recreation department. Ryan reported that the City has been recognized for 33 years as a Tree City. Ryan stated that the Parks Department will be planting a tree on April 28th with the elementary school class on the west side of Prentis Park. Ryan stated that the Tree Board will again this year be making available a limited number of trees for $25. Ryan encouraged citizens to contact City Hall for the tree program guidelines. 6. Public Hearings A. Special daily malt beverage and wine license for the Vermillion Chamber of Commerce and Development Company on or about April 22, 2017 at the Clay County Fairgrounds west arena for the Dirty Dog Bicycle Race Mike Carlson, Finance Officer, reported that the Vermillion Chamber of Commerce and Development Company has applied for a special daily malt beverage and wine license on or about April 22, 2017 at the fairgrounds west arena for “The Dirty Dog” bicycle fundraising special event. Mike stated that the notice of hearing and Police Chief’s reports are included in the packet. Mike noted the Police Chief’s report includes guidelines for outdoor events. Mike stated that the Police Chief’s conditions were 1) 9 staff members will supervisor the event's distribution and consumption of alcohol, 2) signage will be posted at the entry gate and the alcohol dispensing point stating: a. alcohol 3 Consumption is only allowed inside the fenced spectator area, b. no one under 21 will be served or allowed to consume alcohol, c. no intoxicated person(s) will be served, d. no alcohol can leave the fenced spectator area, e. no outside alcohol is allowed into the fenced spectator area, 3) staff will check all persons wishing to purchase and provide a wrist band once their age has been verified, 4) persons who are not banded or who appear to be under 21 will not be allowed to purchase or consume alcohol, 5) signage will be placed at each potential exit indicated "No alcohol beyond this point." Mike noted that representatives from the organizations were present to answer question. 117-17 Alderman Collier-Wise moved approval of the special daily malt beverage and wine license for the Vermillion Chamber of Commerce and Development Company on or about April 22, 2017 at the fairgrounds west arena under the conditions outlines in the Police Chief’s memo. Alderman Meins seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. First reading of Ordinance 1353 to amend Title XV Land Usage, Chapter 155 Zoning Regulations to add the Conditional Use and Applicable Standards of an Agribusiness for GI General Industrial and HI Heavy Industrial Districts John Prescott, City Manager, reported that City staff performed a review of the City’s zoning ordinance to ensure that defined uses in the document were also included in the text for the zoning districts. John stated that one of the terms found in the definition that was not listed as a use in any of the zoning districts was agribusiness. John reported that the definition of agribusiness was ‘farming engaged in as a large-scale business operation embracing the production, processing, and distribution of agricultural products and the manufacture of farm machinery, equipment, and supplies’. John stated that, due to the fact that the economy of the area surrounding Vermillion is predominantly agricultural, it was deemed prudent to include this use within the text for our zoning districts. John stated that this was reported to the Planning Commission who recommended updating the ordinance to allow agribusiness within the City limits in the general industrial and heavy industrial districts as a conditional use. John stated that there were some questions raised about the definition of agribusiness and recommended tabling action on the proposed ordinance change until these questions can be reviewed with the City Attorney and SECOG. 118-17 Alderman Collier-Wise moved to table action on first reading of Ordinance No. 1353 to amend Title XV Land Usage, Chapter 155 Zoning 4 Regulations to add the Conditional Use and Applicable Standards of an Agribusiness for GI General Industrial and HI Heavy Industrial Districts. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Prentis Park pool Change Order #1 John Prescott, City Manager, reported that in February 2016 the City Council awarded three contracts for the new pool construction at Prentis Park. John stated that a change order was approved on November 7th with Welfl, Inc in the amount of $10,446. John reported that the Prentis Plunge project is on schedule and is nearing completion. John stated that during construction poor soil conditions were uncovered in the area where the new diving well will be located. John noted that this area was under the previous pool, which made it difficult to determine the existing soil conditions prior to construction. John noted that the poor soil conditions led to additional excavation to remove the soils and replace with soil and rock that would support the new pool. John reported that this is the largest part of the change order and increases the cost by $58,000. John stated that other parts of the change order include removal of equipment that is not being purchased through Ricchio, Inc. that reduced the cost by $22,319. John stated that the net change order amount is an increase to the contract with Ricchio, Inc. of $35,681 for a new contract total of $2,334,530. John stated that the change order added five additional days to the contract but noted this contract had a completion date of May 15th while the latest contract completion date is May 25th. John recommended that the added cost be funded from second penny sales tax when the budget is revised. Discussion followed. 119-17 Alderman Sorensen moved approval of change order #1 with Ricchio, Inc in the amount of an increase of $35,681 on the pool contract for a total of $2,334,530. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Final Plat of Bottolfson Addition in the SE ¼ of Section 6-T92N-R51W of the 5th P.M., Clay County, South Dakota Jose Dominguez, City Engineer, reported that the plat is for property located on the north side of 316th Street east of Annar’s subdivision consisting of 2.7 acres. Jose stated that the plat falls in the Joint Jurisdictional Zoning Area which requires the recommendation of the 5 County Planning Commission. Jose reported that the County Planning Commission reviewed the plat and recommended approval. 120-17 After reading the same once, Alderman Sorensen 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: Bottolfson Addition in the SE ¼ of Section 6-T92N-R51W of the 5th P.M., 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 Clay County Planning Commission to the City Council of Vermillion which has approved the same. BE IT FURTHER RESOLVED that the attached and foregoing plat has been submitted to the Governing Body of the City of Vermillion which has examined the same, and it appears that the systems of streets and alleys set forth therein conforms to the system of streets and alleys of the existing plat of such city, and that all taxes and special assessments, if any, upon the tract or subdivision have been fully paid and that such plat and survey thereof have been executed according to law, and the same is hereby accordingly approved. The motion was seconded by Alderman Meins. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. C. Policies and Procedures Committee recommendation on amending Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.075 as it pertains to locating cell towers near residential John Prescott, City Manager, reported that the Policies and Procedures Committee met on March 16th and one agenda item was a question on amending the zoning ordinance related to telecommunications towers within 300 feet of residential zoning or uses. John stated that the committee asked staff to draft an amendment for the Committee to review which would provide the option for the governing body to consider a camouflaged tower within 300 feet of residential zoning or uses with a public review of the proposal. John noted that placement of all towers would remain via a conditional use permit. John reported that the committee reviewed the draft language and the members felt that the proposed language offered a good starting point for a discussion. John 6 reported that the proposed language establishes a process to notify neighbors of a hearing. John noted that the public hearing would be for the City Council to consider and approve a specific design for a location. John stated that, after City Council approval of a specific design, the applicant would still need to obtain a Conditional Use Permit from the Planning Commission as is required for the placement of any telecommunications tower. John stated that included in the packet is a draft copy of the proposed language and a draft copy of the application form for an exception are attached. Discussion followed on the draft language. John reported that, if the City Council wanted to move forward with this, they would need to accept the report of the Policies and Procedures Committee and, as the proposed language would amend the zoning code, an ordinance to amend the zoning code would proceed first to the Planning Commission for consideration and then to the City Council. 121-17 Alderman Price moved to accept the report of the Policies and Procedures Committee as it applies to providing an exception to allow telecommunications towers within 300 feet to any residentially zoned or used property and forward the request to the Planning Commission for consideration. Alderman Holland seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. D. Declaration of surplus items for City auction Mike Carlson, Finance Officer, reported that a list is included in the packet of abandoned vehicles and surplus City property. Mike noted that, before the City can dispose of property, the City Council will need to declare it surplus and authorize the sale at public auction. Mike noted that the last six abandoned vehicles will be used by the Fire Department for training and then sold as scrap metal. Hazen Bye has been contacted and can do the auction on May 12th at 5:30 p.m. at the Municipal Service Center. 122-17 Alderman Meins moved to declare the following property surplus to be sold at public auction or as scrap: Abandoned Vehicles - 1984 Volvo DL, 1991 Dodge Sprint, 1992 Buick Century, 1992 Chevrolet Suburban, 1993 Chevrolet 1500 truck, 1996 Dodge RAM, 1996 Ford Ranger, 1998 Dodge RAM, 1999 Pontiac Grand Am, 2000 Chevrolet Cavalier, 2001 Pontiac Grand Am, 2003 Ford Taurus, 2003 VW Golf, 2006 Pontiac Montana, 2009 Pontiac Grand Prix, 2014 Nissan Altima; Fire Department Training: 1994 Ford Econoline, 1998 Ford Escort, 2001 Ford Focus, 2002 VW Passat, 2003 Chevrolet Malibu, 2005 Pontiac Sunfire; Surplus City Property: projector shade pole, 9 various size cloth partitions, 3 car partitions, 3 car consoles, desks, shelf with coat rack, office 7 partition black, 2 canopy tents, office chairs, American Flag w/pole, tools, pallet forks, truck tool box, metal shelf, sand blaster, copy machines – 2, bike, ping pong table, microwave, speakers – 2, car ramps, refrigerator – 2, assorted golf clubs, metal folding chairs – 30, Sony digital camera, metal bookcase, metal lockers - 3, fax machine, filing cabinets, children’s rug, metal podium, wood shelving, pamphlet holder, calculator, leaflet holder, Califore LP player, Minipint Ultratec, 2- display cases, monitors, printers - 4 , wireless access point, computers, AV cart, typewriter – 2, misc computer equipment. Alderman Ward seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Main Street intersection improvements Jose Dominguez, City Engineer, reported that the City has been working to update the signals located along Main Street. Jose noted that part of this work was the removal of the signal at Main Street and the Court/Center Street intersection. Jose stated that this project will complete the work on the other two signals (Main Street and Dakota Street, and at Main Street and University Street). Jose stated that the work on Dakota Street will consist of repainting the poles and mast arms, installing new vehicle detection devices, and reprograming the signal control boxes. Jose stated that the University Street intersection will get a refurbished signal pole and mast arms, new vehicle detection devices, and will have the signal control boxes reprogramed. Jose noted that there will also be concrete work at the intersection's pedestrian ramps. Jose reported that bid documents were sent to 4 contractors and when bids were opened on April 12th only one bid was received from Big Al’s Contracting, Inc for $256,112.20. Jose noted that the engineers estimate was $223,058.60. Jose stated that, as the bid was in excess of the engineers estimate, contact was made with the bidder for possible reductions to the bid. Jose reported that, after discussions with the bidder and with respective department heads, it was agreed to remove the emergency vehicle preemption units from the project. Jose stated the removal of these units from the project and other concessions by the bidder would lower the bid to $236,032.20. Jose noted that the budget for the project was $225,000 from STIP funds and the budget will need to be revised. Jose recommended accepting the only bid of Big Al’s Contracting, Inc as revised of $236,032.20 for the signal intersection project. Discussion followed. 123-17 Alderman Holland moved approval of the only bid of Big Al’s Contracting, Inc as revised totaling $236,032.20 for the Main Street 8 intersections improvements. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. 15 kV Switchgear and 115 kV Control panels for new substation Shane Griese, Utility Manager, stated that this switchgear and control panels are for the new northeast substation. Shane noted that DGR Engineering and City staff have bid other equipment for this project and on April 11th opened bids for 15 kV Switchgear and 115 kV Control panels. Shane reported that the bid summary and DGR’s recommendation are included in the packet. Shane recommended accepting the low bid of Myer Controlled Power, LLC in the amount of $317,612. Discussion followed. Bids: Meyers Controlled Power, LLC $317,612; Harold K. Scholz Company $330,000; PowerCon Corporation $403,978; Eaton Corporation $459,686 124-17 Alderman Ward moved approval of the low bid of Meyers Controlled Power, LLC of $317,612 for the 15 kV Switchgear and 115 kV Control panels for new substation. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powel declared the motion adopted. C. Surplus house located at 435 Prentis Street Shane Griese, Utility Manager, reported as background that the City is in the process of installing a new lift station on Prentis Street. Shane stated that in December staff received an offer to purchase the property located at 435 Prentis which would allow the relocation of the lift station out of the street. Shane stated that in January the City Council approved a resolution to move forward with the purchase that was closed in March. Shane stated that on March 20th the City Council declared the house surplus and it was appraised by the Surplus Property Committee to be sold by sealed bids. Shane reported that he had shown the property to two parties but no bids were received at the April 12th bid opening. Shane recommended reappraising the house at a lower price and offering it for sale by sealed bids. Shane noted that the house needs to be removed from the property by the end of July to allow time to get the lot ready for the contractor. Discussion followed on selling the house with Shane recommending a new price of $5,000 for the house to be moved. 125-17 Alderman Holland moved to authorize the Surplus Property Appraisal Committee to reappraise the house at 435 Prentis Street to be sold by sealed bids. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9 D. Surplus Park and Recreation mowers and Water Department forklift Jose Dominguez, City Engineer, reported that the mowers were declared surplus in February and the forklift in March. Jose stated that the items were appraised by the Surplus Property Appraisal Committee and advertized for sale by sealed bids. Jose stated that no bids were received at the April 12th bid opening. Jose stated that he is making contact with vendors to see if they wanted to purchase the property for 90% of the appraised value. Jose stated that his recommendation is to give staff time to continue marketing the equipment and if no offers are received a request to reappraise will be made at a future meeting. Discussion followed. 126-17 Alderman Ward moved to authorize staff to continue to market the surplus mowers and forklift equipment for sale at not less than 90% of the appraised value. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reminded citizens that the portions of West Main Street and Market Street that abut Ratingen Platz area will be closed on Thursday, April 27th from 4:30 p.m. to 8:15 p.m. for the Earth Day events. B. John reported that a notice was published on the City’s website and through other media outlets noting the upcoming Board term expirations this year. John noted that with all Board openings, incumbents and individuals interested in serving are asked to complete an Expression of Interest form for the City Council to review. John stated that the Library Board has the first openings with Expression of Interest forms due by May 5th with the anticipation that the Council will select the two individuals to serve three year terms at the May 15th meeting. C. John reported that 2017 pool passes will be available for purchase at the Bluffs Golf Course from 9:00 a.m. to Noon on Saturday, April 22nd and Saturday, April 29th. John stated that, at this Grand Opening, passes are being sold for 20% off or buy 4 passes get a fifth pass for free. D. John reported on the receipt of a raffle notification from the Vermillion High School Booster Club which is selling tickets for $10 each or 3 for $25 from April 29th to mid-September, 2017. The drawing will take place at half-time of a VHS football game. The main prize is a Polaris 570 Ranger valued at $12,000. Other prizes are also being 10 secured. Proceeds from the raffle will go toward the Veterans Sports complex projects at the High School. PAYROLL ADDITIONS AND CHANGES Code: Kenny Wapniarski $16.71/hr; Golf Clubhouse: Kory Diefendorf $9.00/hr; Golf Maintenance: Danny Brown $9.00/hr, Mike Moran $9.00/hr; Landfill: Barry Braaten $18.79/hr, Tim Taggart $21.99/hr; Recycling: Jim Zimmerman $20.13/hr; Curbside: James Conway $15.85/hr 11. Invoices Payable 127-17 Alderman Collier-Wise moved approval of the following invoices: A & A Refrigeration repairs 1,771.90 BHS Marketing, LLC soda ash 27,292.98 Broadcaster Press advertising 1,531.78 Brunicks Service Inc fuel 3,871.36 Buhls Cleaners mat/mop svc 550.50 Bureau Of Administration telephone 156.70 Cam Commerce supplies 231.56 Campbell Supply supplies 64.97 Cask & Cork merchandise 1,014.69 Centurylink telephone 1,489.17 Clay Rural Water System water usage 38.30 Clay-Union Electric Corp electricity 1,833.04 Dakota Beverage merchandise 11,180.04 Danko Emergency Equipment rescue tools 17,860.00 Dept. Environment Natl Res landfill operations fee 2,916.13 Division Of Motor Vehicle title & plates 42.40 Global Dist. merchandise 267.00 Gregg Peters managers fee/1st q profits 25,952.79 John A Conkling Dist. merchandise 7,500.11 Johnson Brothers Of SD merchandise 30,756.32 Jones Food Center supplies 595.82 Loren Fischer Disposal haul cardboard 210.00 Matheson Tri-Gas, Inc supplies 88.89 Metropolitan Compounds, Inc supplies 552.30 MidAmerican gas usage 4,563.41 Midcontinent Communication internet/cable service 728.68 Prairie Berry Winery merchandise 918.00 Ramkota Hotel lodging 371.96 Republic National Distributing merchandise 23,766.01 11 Reserve Account postage for meter 900.00 Schade's Vineyard merchandise 187.00 SD Municipal Street Maintenance registration 50.00 SD Secretary Of State filing fee-SRF loan 10.00 Southern Glazer's Of SD merchandise 8,925.63 Staples Advantage supplies 3,609.67 Stern Oil Co. fuel 6,794.04 Sturdevants Auto Parts parts 504.70 The Equalizer advertising 450.00 The Glass Cutter repairs 201.25 The Growler Station, Inc quarterly fee/maintenance 749.97 Us Postmaster postage for utility bills 950.00 Verizon Wireless hot spot access 237.20 Vermillion Ace Hardware mower/supplies 11,556.73 Vermillion Area Community round-up program 297.25 Vermillion Chamber Of Commerce dues/banquet ticket 250.00 Vermillion Ford police vehicle/pickup 60,655.00 Dale E. Mette Bright Energy Rebate 25.00 Steve Frelling Bright Energy Rebate 250.00 Danny Brown Bright Energy Rebate 70.00 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 May 1, 2017 for a special daily malt beverage and wine license for the Vermillion Chamber and Development Company on or about May 14, 2017 at the Prentis Park baseball field 128-17 Alderman Price moved approval of the consensus agenda. Alderman Ward seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Executive Session – Personnel Matters 129-17 Alderman Ward moved to go into executive session at 7:50 p.m. for personnel matters. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the meeting in executive session. Mayor Powell declared the City Council out of executive session at 9:07 p.m. 12 13. Adjourn 130-17 Alderman Ward moved to adjourn the Council Meeting at 9:08 p.m. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 17th day of April, 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 ___________. 13