City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session May 15, 2017 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, May 15, 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 – Surplus Fire Department Equipment – Matt Callahan Matt Taggart, representing the Fire Department, stated that Matt Callahan was unable to attend the meeting and reported that the Fire Department earlier this year purchased new rescue equipment and would like to transfer the surplus equipment to the Canistota Fire Department. Matt stated that the Canistota Fire Department doesn’t have rescue tools. Matt stated that the rescue equipment is a combination of City and Rural Department equipment and that the Rural Department has approved the transfer. Matt stated that the pump on the equipment is in need of repair and the Canistota Fire Department is aware of that. Matt reported the consideration of the transfer is included on tonight’s agenda. Matt answered questions of the City Council on the rescue equipment and the transfer. 3. Educational Item – Prentis Street Lift Station update – Banner Associates Rich Uckert, Joe Munson and Harold Holoch with Banner Associates reviewed the Princeton Street lift station and sanitary sewer improvement project. Rich stated that the project consists of replacing the Prentis Street lift station that is old and undersized and replacing 2,100 feet of sanitary sewer pipe that is also undersized. Rich reported that the project is divided into two phases. Rich stated that Phase I is the replacement of 2,100 feet of sanitary sewer pipe which has a substantial completion date of August 16, 2017 and Phase II is the Prentis Street lift station with a substantial completion date of October 31, 2017. Rich stated that Phase I started last week and it is estimated that Phase II would begin in August. Rich reviewed the construction method and street closings included in the project. Joe 1 Munson stated that he is the construction engineer who will be doing the onsite inspection. Joe reported that the first manhole was installed last week. Rich, Joe and Harold answered questions of the City Council on the project. Shane Griese, Utility Manager, stated that the project information is available on the City website. 4. Briefing on the May 15, 2017 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 144-17 Alderman Ward moved to adjourn the Council special session at 12:25 p.m. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 15th day of May, 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 May 15, 2017 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, May 15, 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 Paulson 2 2. Pledge of Allegiance 3. Minutes A. Minutes of May 1, 2017 Regular Meeting, May 5, 2017 Special Meeting 145-17 Alderman Sorensen moved approval of the May 1, 2017 Regular Meeting and May 5, 2017 Special Meeting minutes. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 146-17 Alderman Collier-Wise moved approval of the agenda with the amendment to Item 8A. for the dates of June 8-10, 2017 from 6:30 p.m. to 10:00 p.m. and June 11, 2017 from 3:00 p.m. to 6:30 p.m. and include removal of the parking along Main Street from Sycamore to Plum. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Proclamation National Poppy Day Alderman Ward read the proclamation declaring May 26, 2017 as “National Poppy Day” in Vermillion and encouraged all citizens to wear the Poppy on that day. Mayor Powell stated that he would be presenting the proclamation on May 26th. 6. Public Hearings A. Special daily malt beverage and wine license for the South Dakota Shakespeare Festival on or about June 8-11, 2017 at the Prentis Park band shell Mike Carlson, Finance Officer, reported that the South Dakota Shakespeare Festival has applied for a special daily malt beverage and wine license for the Shakespeare performances on June 8-11 at the Prentis Park band shell area. Mike stated that the Police Chief’s report and notice of hearing are included in the packet. Mike stated that since the event is being held on City property ordinance provides that the City Council may include such conditions and restrictions as the governing body deems appropriate. Mike stated that Release and Indemnification releasing the City from liability for the event has 3 been provided. Mike stated the certificate of insurance naming the City as additional insured with liquor liability has not been received at this time but the insurance agent stated it should be provided later this week. The Police Chief is recommending the following parameters be established: 1. Wristbands will be distributed by the volunteers when IDs are checked to ensure purchases and consumers are over 21 years of age. 2. The South Dakota Shakespeare Festival will provide ushers who will monitor both the purchase area and the audience grounds within the area delineated. Ushers will ensure that no one removes a beverage from the audience area or the fenced concession area. 3. The fenced concession area and the audience area will have posted signs instructing consumers not to remove alcoholic beverages from the two designated areas, and the direct path between them. Mike recommended approval of the special permit contingent upon the receipt of the certificate of insurance, unless information is presented at the public hearing. 147-17 Alderman Ward moved approval of the special daily malt beverage and wine license for the South Dakota Shakespeare Festival for the Shakespeare performances on June 8-11 at the Prentis Park band shell area contingent upon complying with the conditions as indicated by the Police Chief and receipt of a certificate of insurance naming the City as additional insured. Alderman Erickson seconded the motion. Alderman Holland requested to abstain as he is a board member of SD Shakespeare Festival. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Annual Malt Beverage License renewals Mike Carlson, Finance Officer, reported that the Notice of Hearing and the Police Chief’s report for the applicants are included in the packet. Mike noted that City ordinance requires a management plan upon re-application if a violation occurred since last renewal. Mike noted that the management plans from NPC International for Pizza Hut, Casey’s Retail Company, Inc for Casey’s General Store Princeton Street, Jay- Ambre-7, LLC for Freedom Valu Ctr and City of Vermillion Municipal Liquor Store were included in the packet. Mike read the list of licenses that had applied for renewal. Discussion followed. 148-17 Alderman Collier-Wise moved approval of the reissuance of the following malt beverage licenses: Re-issuance of Retail (On-Off Sale) Malt 4 Beverage: Blue, Inc. for Little Italy’s at 831 East Cherry Street; Bunyan’s LLC for Bunyan’s Video Lottery at 1201 West Main Street Suite 106; Café Brule, Inc. for Café Brule at 24 West Main Street; Charcoal Lounge, Inc. for Charcoal Lounge at 6 & 8 West Main Street; City of Vermillion for The Bluff's Golf Course at 2021 East Main Street; City of Vermillion for Municipal Liquor Store 820 Cottage Avenue; Coyote Convenience, Inc. for Coyote Convenience at 116 East Cherry Street; D&D Foods, Inc for Hartford Steak Co Tavern at 7 Court Street; David W. Raabe for Westside Inn at 1313 West Cherry Street; Dwight Iverson for Cherry Pit Stop video lottery at 23 East Cherry Street; Fireworks, Inc for Dakota Brick House at 15 West Main Street; Guo Wei Zheng for Asian Buffet at 404 Bower Street; Mexico Viejo, Inc. for Mexico Viejo Mexican Restaurant at 432 E. Cherry Street; NPC International, Inc. for Pizza Hut #2788 at 928 East Cherry Street; OMA SHREE, LLC for Speedee Mart at 802 East Cherry Street; Prairie River, Inc. for R Pizza at 2 West Main Street; Pump N Stuff of Vermillion, Inc. for Pump N Stuff VL room #1 at 203 E Main St; Pump N Stuff of Vermillion, Inc. for Pump N Stuff VL room #2 at 203 E Main St; Red Steakhouse, Inc. for Red Steakhouse at 1 East Main Street; Silk Road Café, Inc. for Silk Road Café at 12 West Main Street; Sunset Oil, Inc. for Lucky 7 Casino at 629 Stanford Suite A; Sunset Oil, Inc. for Sunset Casino at 629 Stanford Suite B; Valiant Vineyard, Inc for Valiant Vineyard at 1500 West Main; Varsity Pub, LLC for The Varsity at 113 East Main Street; Re-issuance of Package (Off Sale) Malt Beverage: Dwight Iverson for Cherry Pit Stop at 23 East Cherry Street; HyVee Food Stores, Inc. for HyVee at 525 West Cherry Street; Jay-Ambe-7, LLC for Freedom Valu Ctr at 830 E Cherry Street; Pump N Stuff of Vermillion, Inc. for Pump N Stuff at 203 East Main Street; Wal-Mart Stores, Inc. for Wal-Mart Super Center #3734 at 1207 Princeton Street; Re-issuance of Package (Off Sale) Malt Beverage with SD Farm Wine: Casey's Retail Company, Inc. for Casey's General Store #2806 at 615 Jefferson Street; Casey's Retail Company, Inc. for Casey's General Store #3525 at 1302 Princeton Street. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. C. First reading of Ordinance 1354 to amend Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.072 Off-Street Parking (B) Table 1 to amend the minimum parking requirements for rooming and boarding houses, sororities, and fraternities. Jose Dominguez, City Engineer, reported that the City has been working with the Alpha Xi Delta Corporation Board on the proposed construction of their new house at 214 North Plum since 2015. Jose noted that the current ordinance would not allow for the construction of new Greek housing in their existing locations due to size limitations (i.e. off- street parking requirements would force them out of the neighborhood or to purchase and clear adjacent properties to construct parking lots). 5 Jose stated that in 2016 the Zoning Ordinance was amended with Greek houses being moved from a permitted use to a conditional use. Jose noted that this change would allow the Planning Commission the opportunity to work with the applicant and allow off-street parking on a different lot. Jose stated that the proposed change to the ordinance would require that the applicant provide, at the very least, enough parking so that the on-street parking situation is not made any worse by the new construction. Jose stated that the City would have different requirements if the construction would occur in bare ground, or if the construction would happen on the existing lots. Jose noted that construction on bare ground would follow the current requirement of one off-street parking stall per every 200 square feet of floor area. Jose stated that construction on existing lots would require that the applicant submit to the City the current number of residents and current number of off-street parking provided. Jose stated that the City would use these numbers to calculate the on-street parking demand (current number of residents minus the current number of off-street parking provided). Jose stated that the applicant would also provide the City with the number of proposed residents to live in the new house. Jose reported that the required number of off-street parking spaces would then be calculated by subtracting the on-street parking demand from the number of proposed residents. Jose noted that this number of off-street parking would ensure that the parking issues in the neighborhood do not become worse from what it was prior to the new construction. Jose stated that this requirement would greatly diminish the number of required parking. Jose reported that the Planning Commission reviewed this item during their May 8th meeting and unanimously recommended approval of the amendment to the ordinance. Mary Duncan, President of Alpha Xi Delta Building Corporation, stated that they are rebuilding their building as it cannot be renovated due to issues with the existing structure. Mary stated that the current parking ordinance would require over 50 parking spaces that would require the acquisition of a number of additional lots just for the parking. Mary stated that their organization is very appreciative of the proposed ordinance and thanked the City Council for their consideration. Mary reviewed the parking needs under the proposed ordinance. Sandy Dickenson, Architect with Alpha Xi Delta, noted that the current parking requirements may force Greek houses to relocate away from the campus to find land to meet the parking requirements. Laura Roff, USD Director of Sorority & Fraternity Life, reported that USD does not have any extra off street parking available for Greek 6 houses and with the current parking requirements the houses are unable to grow because of the parking requirements. Discussion followed on the parking requirements noting the changes are just for existing Greek housing and any new Greek house would need a parking space for each 200 square foot of floor area. Discussion followed on making the parking requirements the same for new Greek homes is being proposed for replacement of Greek homes. Jose noted that the proposed ordinance would be hard to implement for new houses, as the current on street parking demand is not known. Discussion followed with John Prescott, City Manager, stating that staff would review how other cities address this parking issue for new Greek houses and bring options to change the parking requirement of one parking space per 200 square foot of floor area to the City Council or a committee for consideration. 149-17 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. 1354 entitled An Ordinance amending Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.072 Off-Street Parking (B) Table 1 to amend the minimum parking requirements for rooming and boarding houses, sororities, and fraternities, 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 15th day of May, 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 Humphrey. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. D. Vacation of Right-of-Way lying between Lot 3B and Lot 4, Michel’s Addition, City of Vermillion, Clay County, South Dakota Jose Dominguez, City Engineer, reported that a petition to vacate unused street right-of-way adjacent to Lots 3B and 4, Michel’s Addition has been submitted by South Dakota Sigma Chapter (SAE). Jose stated that a map is included in the packet to show the location of this property. Jose reported that the street to be vacated would be the west extension of Madison Street from its intersection with Adams Street. Jose stated that this street has been dedicated to the public since the 7 property was platted in 1960 but it has never been opened as a street or maintained by the City for public use. Jose reported that there are no existing utilities within the portion of the street to be vacated. Jose noted that, when a right-of-way is vacated, the ownership automatically transfers to the adjacent landowners who will need to plat prior to any building. Jose recommended approval of the resolution to vacate the right-of-way. Discussion followed. 150-17 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION VACATING THE RIGHT-OF-WAY LYING BETWEEN LOT 3B AND LOT 4, MICHEL’S ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA WHEREAS, the City of Vermillion has received a petition for the vacation of a portion Madison Street lying between Lot 3B and Lot 4, Michel’s Addition, City of Vermillion, Clay County, South Dakota; and, WHEREAS, notice has been published for two successive weeks in the Plain Talk; and, WHEREAS, utilities have been notified and are not opposed to the vacation; and, WHEREAS, State Statute 9-45-10 authorizes the City Council to vacate streets, alleys or public grounds, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Vermillion that a portion of Madison Street lying between Lot 3B and Lot 4, Michel’s Addition, City of Vermillion, Clay County, South Dakota as shown on the attached map is hereby vacated. Adopted by the Vermillion City Council this 15th day of May 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA _________________________ John E. (Jack) Powell, Mayor ATTEST: ____________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Meins. Alderman Sorensen requested to abstain as he signed the petition representing an adjoining property owner. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members 8 voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. E. First reading of Ordinance 1355 to amend Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.075 (A) Telecommunication Tower, Antenna Support Structures and Wireless Communication Facilities to add an exception allowing the City Council to consider the construction of stealth/camouflaged towers within 300-feet of residential zoning or uses Jose Dominguez, City Engineer, reported that following the removal of the old water tower located at the intersection of Bloomingdale and Market Streets the City started receiving requests from cell tower contractors to allow for the construction of a cell tower at this location. Jose stated that City staff met with one of the companies requesting a tower and discussed the possibility of constructing a cell tower at this location. Jose stated that the existing zoning ordinance does not allow for a telecommunications/cell tower to be constructed within 300-feet of a residential zone, or use and that telecommunication towers are only allowed on property zoned: Central Business, General Business, General Industrial, and Heavy Industrial. Jose reported that the cell tower contractor suggested that the City amend the current zoning ordinance to allow the construction of stealth/camouflaged towers (stealth/camouflaged towers are constructed to look as something else, i.e. an evergreen, a water tower, a flag pole, etc.) within 300-feet of residential zones, or uses. This request was presented to the City Council who referred the issue to the Policies and Procedures Committee to review and report back. Jose reported that the Policies and Procedures Committee met with a cell tower representative and directed staff to draft an ordinance that provides for an exception to the current zoning ordinance requirements for discussion and consideration. Jose stated that, for discussion purposes and additional background to consider the option, City staff also developed a draft application that might be used if the ordinance is adopted. Jose stated that the proposed amendment establishes a process to notify neighbors of a hearing. Jose stated that the hearing would be for the City Council to consider and approve a specific design for a location. Jose noted that, after 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. Jose stated that on April 17, 2017 the City Council received the report of the Policies and Procedures Committee and recommended acceptance. Jose noted that, as the proposed language would amend the zoning code, an ordinance to amend the zoning code first needed to go to the Planning Commission for consideration. Jose reported that the Planning Commission reviewed this item during their May 8th meeting and recommended approval with a 5-2 vote. Jose noted 9 that some members of the Planning Commission were concerned that the Planning Commission would be obligated to grant a conditional use permit after the City Council had approved the exception to the distance. Jose reported that some neighbors of the Market and Bloomingdale property attended the Planning Commission meeting and expressed concern about a telecommunications tower at this location. Jose noted that the proposed ordinance would apply to all CB, GB, GI and HI zoned land in the City and not just a single property. Curt Walter, representing Verizon, reported that Verizon currently has two towers in the community and based upon wireless usage they will be reaching their capacity, thus the interest in locating another tower closer to where the users are. Curt noted that the proposed ordinance will allow flexibility in locating towers with a public hearing to allow the adjoining property owners to be heard. Discussion followed with Curt Walters answering questions of the City Council. Alderman Sorensen relayed concerns he received from property owners adjoining the old water tower site who questioned the impact on property values and safety from a tower falling. He stated that anything less than 300 feet is unacceptable to these residents. Discussion followed. 151-17 Mayor Powell read the title to the above mentioned Ordinance and Alderman Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1355 entitled An Ordinance amending Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.075 (A) Telecommunication Tower, Antenna Support Structures and Wireless Communication Facilities to add an exception allowing the City Council to consider the construction of stealth/camouflaged towers within 300- feet of residential zoning or uses, 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 15th day of May, 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 Collier-Wise. 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. 10 F. First reading of Ordinance 1356 to amend Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.008 Definitions (B) to amending the definition of Agribusiness. Jose Dominguez, City Engineer, reported that on March 27th the Planning Commission recommended a zoning amendment to the City Council that would have allowed agribusiness uses within the industrial districts as a conditional use. Jose reported at the City Council public hearing on April 17th that the City Council tabled the item and asked Staff to better define agribusiness to ensure that the uses are as intended and not abused. Jose reported that the definition for agribusiness, which was modified by staff and the City Attorney, will only allow farms that produce, process, and distribute agriculture products. Jose stated that a farm is defined in the City Code as a parcel of land, of at least 10- acres in size, used for agricultural purposes. Jose stated that the proposed definition of agribusiness proposed is “Farms engaged in the production, processing, and distribution of agriculture products; or, the manufacture of farm machinery, equipment, and supplies; or, entities engaged in the breeding, producing or marketing of fish or their products”. Jose stated that the Planning Commission reviewed the updated definition at their May 8th meeting and unanimously recommended approval of the amendment. Discussion followed. 152-17 Mayor Powell read the title to the above mentioned Ordinance and Alderman Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1356 entitled An Ordinance amending Title XV Land Usage, Chapter 155 Zoning Regulations Section 155.008 Definitions (B) to amending the definition of Agribusiness, 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 15th day of May, 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 Meins. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. G. First reading or 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 11 Jose Dominguez, City Engineer, reported that the new definition of agribusiness, discussed with the previous agenda item, will ensure that any proposed uses fit a narrow window and does not allow every possible use associated with agricultural activities. Jose noted that, due to the type of uses possibly associated with agribusiness, it seems fitting to group this use within the GI General Industrial and the HI Heavy Industrial districts as these districts currently contain some uses associated with agriculture. Jose noted that none of the uses currently included within these districts directly deal with agribusiness. Jose stated that the proposed amendments to the ordinance would allow agribusiness use within the (GI) General Industrial and the (HI) Heavy Industrial districts. Jose stated that the change would require agribusiness use to acquire a conditional use permit because the proposed use could be more industrial in nature than the surrounding uses. Jose stated that notice was published for a public hearing tonight on this item. Discussion followed. 153-17 Mayor Powell read the title to the above mentioned Ordinance and Alderman Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1353 entitled An Ordinance amending 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, 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 15th day of May, 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 Erickson. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Request to close E. Main St. from Plum to Sycamore Avenue on June 8, 9 and 10, 2017 from 6:30 p.m. to 10:00 p.m. and on June 11 from 3:30 p.m. to 7:00 p.m. for South Dakota Shakespeare Festival. The request also includes the removal of parking on E. Main Street from Plum Street to Sycamore Street from June 5 to June 11, 2017. 12 Derek Tuttle, Intern, reported that South Dakota Shakespeare Festival has submitted a request to close E. Main Street from Plum Street to Sycamore Street from 6:30 p.m. to 10:00 p.m. on June 8, 9, and 10, 2017 and 3:00 p.m. to 6:30 p.m. on Sunday June 11, 2017 for the Shakespeare Festival performance. Derek stated that this closing is the same as last year. Derek noted that they are also requesting to remove the on- street parking on E. Main Street along Prentis Park on June 5 – 11, 2017 to prohibit vehicles from parking next to the production area. Derek noted that the organization will man the street closing barricades to allow emergency vehicles access. 154-17 Alderman Meins moved approval of the request of South Dakota Shakespeare Festival to close E. Main Street from Plum Street to Sycamore Street on June 8, 9, and 10, 2017 from 6:30 p.m. to 10:00 p.m., June 11, 2017 from 3:00 p.m. to 6:30 p.m. and to remove parking on E. Main Street from Plum Street to Sycamore Street on June 5 – 11, 2017. Alderman Sorensen seconded the motion. Alderman Holland requested to abstain has he is a board member of SD Shakespeare Festival. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Vermillion Public Library permit for consumption for Books & Brews events on June 16, July 21, August 18, and September 15 from 7:00 p.m. - 9:00 p.m. Mike Carlson, Finance Officer, reported that Susan Heggestad, on behalf of the Vermillion Public Library, has requested a permit to consume alcoholic beverages on public property for “Books & Brew” events at the Edith B. Siegrist Vermillion Public Library garden behind the library from 7:00 p.m. to 9:00 p.m. on June 16, July 21, August 18, and September 15, 2017. Mike noted that, if the weather does not cooperate, the event will be held in the Kozak Room. Mike stated that a copy of the request and information on the event was included in the packet. Mike noted that the City Council previously approved a consumption request for these events in 2016 with no incidents reported. Mike reported that state statute provides that the Governing Body of a municipality may permit the consumption, but not sale, of any alcoholic beverage on property owned by the public. 155-17 Alderman Collier-Wise moved approval of the permit for consumption but not sale on public property for the “Books & Brew” events at the Edith B. Siegrist Vermillion Public Library garden behind the Library or the Kozak Room from 7:00 p.m. to 9:00 p.m. on June 16, July 21, August 18, and September 15, 2017. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13 C. Library Board of Trustee appointments Mayor Powell reported that five citizens have completed the expression of interest forms for the two openings on the Library Board. Mayor Powell stated that he has asked Council members for their recommendations to fill the vacancies and based upon this information would recommend Greg Redlin and Diane Leja for three year terms on the Library Board expiring in May 2020. Mayor Powell thanked all that had expressed interest in the positions. 156-17 Alderman Meins moved approval of the appointment of Greg Redlin and Diane Leja to three year terms on the Library Board expiring in May 2020. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Resolution for Acceptance of Work Library Expansion CDBG 2013 Mike Carlson, Finance Officer, reported that South Eastern Council of Governments (SECOG) contacted the City regarding the Community Development Block Grant received for the library renovation project completed in 2013. Mike stated that the grants administered by SECOG were being reviewed by the Governor’s Office of Economic Development and it was noted that the library grant was missing complete final close-out information. Mike reported that the close-out and Civil Rights Compliance documents have been signed by John Prescott, as project certifying officer, and the Mayor. Mike stated that one last document is a resolution for acceptance of work. Mike reported that final payment was made to the contractor in September 2013 and final payment was made to the architect in November 2013. Mike recommended approval of the resolution. 157-17 After reading the same once, Alderman Ward moved adoption of the following: CITY OF VERMILLION RESOLUTION FOR ACCEPTANCE OF WORK Whereas, the City has received a Community Development Block Grant (#1010-116) from the Governor's Office of Economic Development, for the Library Expansion Project; and Whereas, the Project Engineer has reviewed the work completed by the Contractor, and has determined the work has been completed in accordance with the plans and specifications; and 14 Whereas, the project has been completed to the satisfaction of the City Council; Therefore, be it resolved the City hereby accepts the work on the project as completed. Adopted this 15th day of May, 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 Sorensen. 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. Transfer of Fire Department equipment to Canastota Fire Department Keith Thompson, representing the Vermillion Fire Department, reported that with the replacement of the rescue tools earlier this year the department would recommend the transfer of the old rescue tools to the Canastota Fire Department. Keith stated that through our tool vendor they learned that the Canastota Fire Department has no rescue tools. Keith stated that the pump unit is in need of repairs and that the Canastota Department is aware of this. Keith stated that the rescue equipment is a combination of City and Rural Department equipment and that the Rural Department has approved the transfer. Keith reported that the rescue equipment recommended to be transferred is the following: HURST 5,000 psi Hydraulic Spreader, HURST 5,000 psi Hydraulic Cutter, HURST 5,000 psi Hydraulic Combi-Tool, HURST 5,000 psi Ram, HURST 5,000 psi Simo Pump with hoses, Honda 5,000 psi pump. 158-17 Alderman Sorensen moved to declare the above listed rescue tools as surplus and authorize the transfer to the Canastota Fire Department. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. F. Resolution to prepay Special Assessment bond 2015 series B 15 Mike Carlson, Finance Officer, reported that the City issued Special Assessment Bonds Series 2015 B in the amount of $316,180.58 for concrete surfacing and other street improvements on Norbeck Street from Roosevelt Street to East Clark Street with delayed interest. Mike stated that the City agreed to delay assessing the interest to the property owners until April 2017 with the interest being paid by the City. Mike stated that in June 2016 a prepayment of $129,169.12 was made on the bond for special assessment collections. Mike reported that a payments totaling $157,879.32 have been received for the special assessments and, as the 3.5% interest due on the bonds is considerably higher than the City can invest these funds, it is in the best interest to call this portion of the bond. Mike recommended approval of the resolution to authorize the calling of this portion of the 2015 series B bonds. 159-17 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION AUTHORIZING THE PREPAYMENT OF SPECIAL ASSESSMENT BONDS WHEREAS, the City of Vermillion has issued 2015 special assessment bonds series B to finance the concrete surfacing for street and other improvements on Norbeck Street from Roosevelt Street to East Clark Street, that were authorized by resolutions of necessity adopted by the City Council; and WHEREAS, these special assessment bonds were purchased by the Electric Utility fund as an investment of electric utility reserve funds, accounted for as an interfund loan; and WHEREAS, the bonds provide for annual payments of principal and interest from the special assessment debt service fund to the electric utility fund; and WHEREAS, the bond resolution provides that all or a portion of the individual bonds may be called without penalty upon notice; and WHEREAS, the special assessment bonds were secured by an assessment levied against the parcels of property benefiting from the improvement to be repaid in annual assessments with the property taxes or may be prepaid at any time; and WHEREAS, the special assessment debt service fund has received a prepayment that is restricted for the payment of the outstanding bonds 16 and as such, elects to exercise the option to call this portion of the 2015 special assessment bond series B that is currently outstanding. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes to exercise the option to call $157,879.32 of the 2015 Special Assessment Bond Series B on May 15, 2017. BE IT FURTHER RESOLVED, that the City Council authorizes the Finance Officer to make the advance bond payments, as authorized, from and to the respective city funds effective May 15, 2017. Dated in Vermillion, South Dakota this 15th day May, 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 Sorensen. 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. 9. Bid Openings A. 2017 Miscellaneous Concrete Jose Dominguez, City Engineer, reported that the City has an ongoing program to update all of the handicap ramps within the City that was instituted several years back and designates funding for handicap ramp improvements each year. Jose stated that the City also utilizes this project to repair curb and gutter sections and storm sewer inlets that were damaged during the winter months. Jose reported that bid documents were sent to fourteen contractors with three bids received when they were opened on May 11th. The low bid was from M&M Construction for the amount of $33,379.20. Jose recommended the low bid. Bids: M&M Construction $33,379.20; Masonry Components $88,032.40; Walker Construction $37,974.19 160-17 Alderman Holland moved approval of the low bid from M&M Construction for the amount of $33,379.20 for the miscellaneous concrete project. 17 Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that Expression of Interest forms to serve on the Planning Commission are due by June 9th in anticipation that the Council will select the four individuals to serve a five year term at the June 19th meeting. B. John reported that spring fire hydrant flushing started today and is scheduled to continue through May 26th. John asked citizens to run faucets for a short time before washing clothes if you notice the hydrants being flushed in your area. C. John reported that the South Dakota Department of Environment and Natural Resources has recognized the City of Vermillion Water Department staff for meeting all of the requirements of the Safe Drinking Water Act for the 16th consecutive year. D. John reported that the following plat was approved by the City Engineer: Lot 3, Block 6 Bliss Pointe E. John reported that City offices will be closed on Monday, May 29th for the Memorial Day holiday. F. John reported that the ribbon cutting for the new pool is tentatively set for Tuesday, May 30th at 4:30 p.m. at Prentis Plunge. John stated that more information will be available as we get closer to the date. G. John reported on receipt of the following raffle notification: St. Agnes Knights of Columbus are selling $20 Monday Night Football books. Prize is $50 per football game. The winner is determined utilizing digits of the team score from each Monday night football game during the NFL season. Proceeds are used by the Knights for their charitable causes. PAYROLL ADDITIONS AND CHANGES General: Derek Tuttle $9.00/hr; Street: Cody Condon $9.00/hr, Tyler Johnson $9.25/hr, Danny Rambo $9.00/hr, Jeff Mart $22.24/hr; Ambulance: Dawn Abbott Thompson $10.70/FTO, Braden Carroll $8.65/hr- $8.65/training-$12.98/hol hr, Carter Kerber $8.65/hr-$8.65/training- $12.98/hol hr, Dale Loudon $8.65/hr-$8.65/training-$12.98/hol hr, Shea 18 Soderlin $11.10/hr-$16.65/hol hr, Jena Stewart $8.65/hr-$8.65/training- $12.98/hol hr; Recreation: Cameron Renkly $9.00/hr; Pool: Jamie Holscher $9.00/hr, Lauren Bern $9.00/hr, Jay Cooper $10.25/hr, Ross Dahlhoff $10.00/hr, Ericka Muchow $9.00/hr, Natalie Nulle $10.25/hr, Baylee Prather $10.00/hr, Payton Suter $10.25/hr, John Sweeney $10.00/hr, Anna VanHolland $10.00/hr, Chase Wright $10.00/hr; Parks: Laurel Ketelhut $9.00/hr, Justin Meyers $9.00/hr, Cody Senn $9.00/hr, Tanner Anderson $9.75/hr; Golf Clubhouse: Emily Klein $9.00/hr, Cassandra Luetje $9.00/hr; Water: Curt Haakinson $24.43/hr, Cal Adamson $9.50/hr; Wastewater: Shamar Jackson $9.00/hr, Cory Moore $20.04/hr; Landfill: Phillip Powell $10.00/hr, Dale Williamson $10.00/hr; Recycling: Tara Drake $9.50/hr 11. Invoices Payable 161-17 Alderman Collier-Wise moved approval of the following invoices: Audio Video Integrations audio/security equip pool 9,637.00 Best Western Vermillion Inn lodging 99.19 Bound Tree Medical, LLC ambulance supplies 1,779.24 Broadcaster Press advertising 859.75 Brunick's Service Inc propane 18.00 Buhl’s Cleaners mat/mop service 517.30 Bureau Of Administration telephone 194.34 Butler Machinery Co. parts 290.11 Campbell Supply supplies 377.50 Cask & Cork merchandise 760.92 Century Business Products copier contract/copies 196.01 Centurylink telephone 1,489.17 Certified Laboratories supplies 1,033.75 City Of Vermillion landfill vouchers 624.00 Clay Co Register Of Deed filing fee 60.00 Clay Co Director Of Equalization Pictometry 4,622.84 Clay Rural Water System water usage 48.90 Clay-Union Electric Corp electricity 1,932.41 Dakota Beverage merchandise 12,562.55 Dakota Rock Farms hauling leachate 24,600.00 Dakota Senior Meals contribution 3,500.00 Danko Emergency Equipment supplies 528.65 Dept Of Environment & Nat Resources SWMP loan payment 29,858.82 Dept. Environment Natural Res landfill operations fee 3,465.46 Echo Electric Supply supplies 515.03 First National Bank bond payment 96,039.76 19 Foreman Media council meeting 50.00 Gallagher Benefit Services April consulting 1,780.88 Global Dist. merchandise 144.00 Gregg Peters managers fee 6,000.00 Hy Vee Food Store merchandise 17.96 John A Conkling Dist. merchandise 8,924.20 John C. Prescott meals reimbursement 12.00 Johnson Brothers Of SD merchandise 11,986.32 Jones Food Center supplies 789.63 JWR, Inc repairs 1,250.20 Life-Assist, Inc test strips 111.80 Locators And Supplies, Inc supplies 145.26 Loren Fischer Disposal haul cardboard 210.00 Malloy Electric repairs 333.00 Matheson Tri-Gas, Inc supplies 445.73 MidAmerican gas usage 2,214.49 Midcontinent Communication cable/internet service 728.68 Mobotrex Mobility & Traffic parts 3,285.00 Nationwide Insurance notary bond 100.00 Northern Safety Co. Inc supplies 113.87 Pete Jahn safety boots reimbursement 100.00 Pomps Tire Service, Inc. tires 10,340.96 Prairie Berry Winery merchandise 834.00 Reflective Apparel Factory work shirts 282.99 Republic National Distributing merchandise 15,327.15 Reserve Account postage for meter 900.00 SD Governmental Human Resources registration 100.00 SD Public Assurance Alliance insurance 58,242.22 Southern Glazer's Of SD merchandise 1,543.78 Staples supplies 1,559.77 Stern Oil Co. fuel 12,602.11 Sturdevants Auto Parts parts 229.60 Supplyworks supplies 401.43 Treasurer-Clay County substation land taxes 533.02 True Brands merchandise 103.92 United Parcel Service shipping 11.58 Us Postmaster postage for utility bills 950.00 Valiant Vineyards merchandise 225.50 Vermillion Ace Hardware supplies 23.94 Vermillion Chamber Of Commerce bid # 1 contribution 8,806.00 Worldpoint Ecc, Inc ambulance equipment 2,898.45 Yankton Medical Clinic testing 240.00 20 Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of June 5, 2017 for a special permit to exceed permissible sound levels by no more than 50% for the South Dakota Shakespeare Festival on June 6-10, 2017 from 6:30 p.m. to 10:30 p.m. and June 11, 2017 from 3:30 p.m. to 6:30 p.m. at the Prentis Park band shell amphitheater for Shakespeare Festival performances 162-17 Alderman Price moved approval of the consensus agenda. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 163-17 Alderman Ward moved to adjourn the Council Meeting at 8:20 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 15th day of May, 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 ___________. 21