City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session October 16, 2017 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 16, 2017 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Mayor Powell Absent: Erickson, Meins, Ward 2. Educational Session – Small Cell Technology and Local Government – Councilman Rich Holland and City Manager John Prescott Alderman Holland reported on attendance to a Small Cell Technology and Local Government presentation at the SDML annual conference. Alderman Holland stated that the presentation reported on the increased wireless usage and the need to provide better coverage to consumers. Alderman Holland reported that the small cell refers to the size of the device that can be attached to electric poles to provide increased service in areas. Alderman Holland reported that 5G service would be coming in the next few years that will increase the demand on wireless communications. Alderman Holland stated that local governments would need to have ordinances to address the small cell requests that will be coming from wireless providers. Alderman Holland stated that it was reported that Omaha and Brookings currently have ordinances addressing small cell. Alderman Holland presented the video information from the event. John Prescott, City Manager, reported on his attendance of the Law School Symposium for local governments on small cell and local governments. John reported that, from the presentation, it was noted that small cell would not replace the need for towers as the small cell will communicate with the towers. John reviewed the presentation materials received. John stated that the presentation stated that a review of local ordinance would be needed to make sure it addresses small cell and if it does not then it should be updated. Discussion followed on small cell with John stating that staff will be working on an ordinance update for consideration later this year. 3. Briefing on the October 16, 2017 City Council Regular Meeting 1 Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 325-17 Alderman Sorensen moved to adjourn the Council special session at 1:06 p.m. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of October, 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 October 16, 2017 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, October 16, 2017 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson (arrived at 7:02 p.m.), Holland, Humphrey, Meins, Price, Sorensen, Mayor Powell, Student Representative Paulsen Absent: Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of October 2, 2017, Regular Session; October 2, 2017 Special Meeting 2 326-17 Alderman Meins moved approval of the October 2, 2017, Regular Session and October 2, 2017 Special Meeting minutes. Alderman Holland seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Alderman Erickson arrived at 7:02 p.m. 4. Adoption of Agenda 327-17 Alderman Collier-Wise moved approval of the agenda with the addition of Item 8.C DOT proposed speed limit change on HWY 50. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Extra Mile Proclamation Alderman Sorensen read the proclamation designating November 1, 2017 as “Extra Mile Day” in Vermillion to recognize the individuals and organizations within the community who go the extra mile in order to make a difference in the community. B. Glenn Pulse Glenn Pulse, of 46516 316th Street, provided a hand out listing his concerns about the need to regulate aerial chemical applicators in the joint jurisdiction area. Glenn reported that he presented this information to the Clay County Commission on October 10th and as the issue occurred in the joint jurisdiction area wanted to request the assistance of the City Council. Glenn reported that on July 10th an aerial crop sprayer was flying in the joint jurisdiction area and caused severe damage to his farm and food business resulting in several federal violations and a major non-compliance that he is now working to address. Glenn reported that he is concerned that neither the State, County nor City require aerial applicators to carry liability insurance or have any guidelines for aerial applicators. Glenn expressed his concerns about the lack of regulation and requested the County and/or the City require registration of aerial chemical applicators. C. Damon Alvey, Public School Superintendent, thanked the City Council and City employees for their assistance with the home coming parade. Damon noted that the City and School cooperate on many thing. 6. Public Hearings 3 A. Resolution Adopting a Resolution of Necessity for Sidewalk Repairs (Central Business District) Jose Dominguez, City Engineer, reported that the sidewalk inspection program was instituted in 2010 to bring deficient portions of sidewalks up to a proficient standard. Jose stated that in 2015 the City amended the resolution requiring the sidewalks to be repaired by extending the deadline for repairs to 2017 for the downtown sidewalks. Jose stated that, at that time, the City was exploring the option of doing a Main Street project that would have reconstructed all of the sidewalks rather than undertaking spot repairs on the deficient sidewalks. Jose stated that staff is asking to amend the existing special assessment resolution to remove the requirement from the owners to complete the repairs in 2017. Jose stated that staff is exploring the option of performing a Main Street project that would reconstruct all of the sidewalks. Jose noted that some of this cost would more than likely be passed along to the property owners. Jose stated that requiring the owner to complete a sidewalk repair and then pay for the downtown sidewalks seems unreasonable. Jose noted that, if the Main Street project were not to take place, the downtown sidewalks would be re- inspected in 2018 with repairs occurring in 2020. Jose reported that the notice of tonight’s public hearing was published and notice was sent to the property owners. Jose reported that the resolution will remove the sidewalk repair requirements. Discussion followed. 328-17 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION ADOPTING RESOLUTION OF NECESSITY FOR SIDEWALK REPAIRS IN THE CITY OF VERMILLION, SD BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 16th day of October, 2017, that the necessity has arisen for sidewalk repairs along the parcels of land hereinafter named, viz: VIOLATION PARCEL VIOLATION ADDRESS VIOLATION LEGAL DESCRIPTION NUMBER 12 CENTER N 38.5' OF LOT 25 BLK 35 SNYDERS 15720-03500-250-03 24 CENTER S 12' OF LOT 2 BLK 35 SNYDERS 15720-03500-020-03 7 COURT S 34' OF LOT 4 & N 14' OF LOT 5 BLK 28 ORIGINAL TOWNSITE OF VERMILLION 15530-02800-040-00 9 COURT N 18' OF 6 & 30' OF 5 BLK 28 ORIGINAL TOWN 15530-02800-050-00 11 COURT S 20' OF N 38' OF LOT 6 BLK 28 ORIGINAL TOWN 15530-02800-060-00 15 COURT S 6' OF 6 & ALL OF LOT 7 BLK 28 ORIGINAL TOWN 15530-02800-070-00 16 COURT LOTS 8, 9, 10 & 11 BLK 27 ORIGINAL TOWN 15530-02700-110-00 2 EAST MAIN LOT 16A BLK 34 SNYDERS 15720-03400-160-00 4 6 EAST MAIN LOT 17 BLK 34 SNYDERS 15720-03400-170-00 8 EAST MAIN LOT 18 BLK 34 SNYDERS 15720-03400-180-00 10 EAST MAIN LOT 19 BLK 34 SNYDERS 15720-03400-190-00 12 EAST MAIN LOT 20 BLK 34 SNYDERS 15720-03400-200-00 15 EAST MAIN LOTS 3 THRU 7 & 21 THRU 24 & LOT V1 BLK 27 ORIGINAL TOWN 15530-02700-000-00 14 EAST MAIN LOTS 21 & W 6' OF 22 BLK 34 SNYDERS 15720-03400-220-00 20 EAST MAIN E 47' OF 22 & ALL OF 23 BLK 34 SNYDERS 15720-03400-230-00 100 EAST MAIN W 20.1' OF LOT 15 BLK 33 SNYDERS 15720-03300-150-00 101 EAST MAIN LOTS 15, 16 & 17 BLK 26 REPLAT OF LOTS 13 & 14 ORGINAL TOWN 15530-02600-170-00 102 EAST MAIN E 9.9' OF LOT 15 & W 10' OF LOT 16 BLK 33 SNYDERS 15720-03300-160-00 104 EAST MAIN E 16' OF LOT 16 & W 4' OF LOT 17 BLK 33 SNYDERS 15720-03300-170-02 106 EAST MAIN E 23' OF LOT 17 BLK 33 SNYDERS 15720-03300-170-00 108 EAST MAIN LOT 18 EXC 18A BLK 33 SNYDERS 15720-03300-180-00 110 EAST MAIN LOT 18A BLK 33 SNYDERS 15720-03300-180-02 112 EAST MAIN LOT 19 & W 11' OF 20 BLK 33 SNYDERS 15720-03300-200-00 113 EAST MAIN W 31' OF LOTS 1, 2, 3 & 4 BLK 26 ORIGINAL TOWN 15530-02600-040-12 115 EAST MAIN E 20' OF W 51' OF LOTS 1, 2, 3 & 4 BLK 26 ORIGINAL TOWN 15530-02600-040-09 117 EAST MAIN E 15' OF W 66' OF LOTS 1, 2, 3 & 4 BLK 26 ORIGINAL TOWN 15530-02600-040-06 119 EAST MAIN E 29.5' OF W 95.5' OF LOTS 2, 3 & 4 & E 66' OF W 132' OF LOT 1 BLK 26 ORIGINAL TOWN 15530-02600-040-03 120 EAST MAIN E 15' OF S 90' OF LOT 20 & S 90' OF LOTS 21, 22, 23, 24 & 25 BLK 33 SNYDERS 15720-03300-250-03 125 EAST MAIN W 41' OF VACATED DAKOTA ST ABUTTING LOT 1 & E 18' OF LOT 1 BLK 26 ORIGINAL TOWN 15530-02600-010-00 17 ELM LOT 11 BLK 33 SNYDERS 15720-03300-110-00 25 ELM W 85' OF LOT 14 & W 85' OF N 20' OF LOT 13 BLK 33 SNYDERS 15720-03300-140-00 5 MARKET N 23'4 OF S 27' 2 1/2 OF LOT 2 BLK 29 ORIGINAL TOWN 15530-02900-020-03 11 MARKET LOT 5 & 6 BLK 29 ORIGINAL TOWN 15530-02900-050-00 14 MARKET LOT 10 & N 20' OF E 50' & S 24' OF LOT 11 BLK 28 ORIGINAL TOWN 15530-02800-100-00 17 MARKET LOTS 7, 8 & 9 BLK 29 ORIGINAL TOWN 15530-02900-070-00 19 MARKET LOT 10 BLK 29 ORIGINAL TOWN 15530-02900-100-00 21 MARKET LOT 11 BLK 29 ORIGINAL TOWN 15530-02900-110-00 23 MARKET LOT 12 BLK 29 ORGINAL TOWN 15530-02900-120-00 24 MARKET LOT 9 BLK 28 ORGINAL TOWN 15530-02800-090-00 26 MARKET LOT 8 BLK 28 ORIGINAL TOWN 15530-02800-080-00 7 MARKET S 3' 10.5" OF LOT 2 & N 19' 10.5" OF LOT 3 BLK 29 ORIGINAL TOWN 15530-02900-030-00 5 PROSPECT LOT HD-1 LOT 15 BLK 35 SNYDERS 15720-03500-150-03 16 PROSPECT LOT 3 BLK 36 SNYDERS 15720-03600-030-00 25 PROSPECT N 1/2 OF LOT 13 & ALL OF LOT 14 BLK 35 SNYDERS 15720-03500-140-00 1 WEST MAIN S 60.5' OF LOT 25 BLK 35 SNYDERS 15720-03500-250-00 2 WEST MAIN LOT 25 BLK 28 ORIGINAL TOWN 15530-02800-250-00 3 WEST MAIN LOT 24 BLK 35 SNYDERS 15720-03500-240-00 4 WEST MAIN LOT 24 BLK 28 ORIGINAL TOWN 15530-02800-240-00 5 WEST MAIN LOTS 22 & 23 BLK 35 SNYDERS 15720-03500-230-00 9 WEST MAIN LOT 21 BLK 35 SNYDERS 15720-03500-210-00 10 WEST MAIN LOT 21 BLK 28 ORIGINAL TOWN 15530-02800-210-00 12 WEST MAIN LOT 20 & ALL VAC ALLEY ADJ TO LOT 20 BLK 28 ORIGINAL TOWN 15530-02800-200-00 5 13 WEST MAIN E 23 1/2' OF LOT 19 BLK 35 & ALL OF VAC ALLEY SNYDERS 15720-03500-190-03 16 WEST MAIN LOT 18 & W 25' OF E 50' OF LOT 12 BLK 28 ORIGINAL TOWN OF VERMILLION 15530-02800-180-00 15 WEST MAIN E 5.5' OF LOT 18 & W 12.5' OF LOT 19 BLK 35 SNYDERS 15720-03500-190-00 18 WEST MAIN W 25' OF N 20' OF E 75' OF 11 & W 25' OF E 75' OF 12 & ALL LOT 17 BLK 28 ORIGINAL TOWN 15530-02800-170-00 19 WEST MAIN LOT 17 & W 12.5' OF 18 BLK 35 SNYDERS 15720-03500-180-00 23 WEST MAIN E 25' OF LOT 15 BLK 35 SNYDERS 15720-03500-150-06 W 30' OF LOTS 12 & 12 EXC W 5' & N 10' & N 3.4' OF 31.4' LOT 11 EXC W 5' BLK 28 ORIGINAL 24 WEST MAIN TOWN 15530-02800-150-03 25 WEST MAIN W 25' OF LOT 15 EXC LOT HD-1 BLK 35 SNYDERS 15720-03500-150-00 In the City of Vermillion, South Dakota, all as mentioned in a Resolution of Necessity adopted by the Governing Body on the 2nd day of October, 2017 was approved and that the Engineer shall proceed in the manner provided by law. BE IT FURTHER RESOLVED, that removing the properties from the Resolution Adopting Resolution of Necessity for Sidewalk Repairs in the City of Vermillion dated August 3, 2015 does not remove the responsibility from the property owner to complete repairs to their sidewalks to promote safety and to remove any public nuisances. Dated at Vermillion, South Dakota this 16th day of October, 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 Holland. 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. B. Resolution Adopting a Resolution of Necessity for Sidewalk Repairs (Northwest quadrant) Jose Dominguez, City Engineer, reported that the sidewalk inspection program was first presented to the City Council in 2010. Jose reported that the program divided the City into quadrants with the northwest (north of National Street and west of Dakota Street) quadrant was inspected this year. Jose reported that, during City inspections, staff looked for a couple of deficiencies: trippers and surface conditions and that sidewalk tiles were functioning as originally constructed. 6 Jose noted that, if the panels were found to be deficient, they were also marked for replacement. Jose reported that the special assessment process requires that the governing body: (1) set a public hearing and (2) notify the property owners of the hearing by both sending notice and publishing the notice of the hearing. Jose reported the hearing was set at the October 2nd meeting to be tonight and the notice was published and mailed to the property owners. Jose stated that following the hearing the City Council will be asked to adopt a resolution allowing Staff to notify the owners of the repairs that are needed. Jose reported that, if the property owner does not submit a permit by June 30, 2018 to complete the repairs before the end of 2018 as required in the resolution, Staff would then hire a contractor to complete the repairs at the property owner’s expense. Jose stated that this contract for repairs would be in 2019. Jose reported that an information packet on sidewalk repairs is available on the city web site or upon request will be mailed. Jose recommended approval of the resolution adopting the resolution of necessity. 329-17 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION ADOPTING RESOLUTION OF NECESSITY FOR SIDEWALK REPAIRS IN THE CITY OF VERMILLION, SD BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 16th day of October, 2017, that the necessity has arisen for sidewalk repairs along the parcels of land hereinafter named, viz: VIOLATION VIOLATION ADDRESS VIOLATION LEGAL DESCRIPTION PARCEL NUMBER 125 CENTER ST. N 35' OF LOT 13 & ALL OF LOT 14 BLK 45 SNYDERS 15720-04500-140-00 303 CENTER ST. LOTS 8 & 9 BLK 59 SNYDERS ADDN 15720-05900-090-00 211 CENTER ST. LOT 10 BLK 48 SNYDERS 15720-04800-100-00 217 CENTER ST. LOTS 11, 12 & S 1/2 LOT 13 BLK 48 SNYDERS 15720-04800-130-00 1114 CORNELL ST. LOT D OF LOT 13 COLLINS 15180-00000-130-00 1106 CORNELL ST. LOT E OF LOT 13 COLLINS 15180-00000-130-09 1032 CORNELL ST. LOT F OF LOT 13 COLLINS 15180-00000-130-12 1026 CORNELL ST. LOT G OF LOT 13 COLLINS 15180-00000-130-15 LOTS 5, 6, 7, 8, 9 & 10 BLK 4 & N 1/2 VAC SPRUCE ST ADJ TO LOT 6 &~E 1/2 LOT 7 & W 1/2 VAC ELM ST & VAC ALLEY BETWEEN 5, 6, 7 & 8 & W~1/2 VAC ALL ADJ TO LOTS 9 807 COTTAGE AVE. & 10 PARKS~ 15550-00400-100-00 711 COTTAGE AVE. W 1/2 OF LOTS 10, 11, 12 & ALL OF VAC SPRUCE ST ADJ BLK 3 PARKS 15550-00300-120-00 COTTAGE ALLEY At Cottage Ave 2 E CHERRY ST. W 164.25' LOTS 7, 8 & 9 LESS H-1 & H-2 OF 7 BLK 3 PARKS 15550-00300-070-00 16 E CLARK ST. W 59' OF 6 & 7 & W 59' OF S 12' OF LOT 5 BLK 59 SNYDERS 15720-05900-050-00 7  COMM 5' W OF SE COR OF LOT 5 THENC W 53', THENC N 140', THENC E 53',~THENC S 16 E DARTMOUTH 140' TO POB BLK 86 ADDN TO SNYDERS ADDN~ 15730-08600-050-18 LOTS 1, 2, 3, 4 & W 1/2 VAC ELM ST & E 1/2 VAC ALLEY & LOTS 11 & 12~& W 1/2 VAC 23 E DUKE ST. ALLEY BLK 4 PARKS~ 15550-00400-120-00 112 E NATIONAL ST. LOT 7 BLK 46 SNYDERS 15720-04600-070-00 305 ELM ST. LOTS 8 & 9 BLK 60 SNYDERS ADDN 15720-06000-090-00 319 ELM ST. LOT 12 & S 1/2 OF 13 BLK 60 SNYDERS ADDN 15720-06000-130-00 530 ELM ST. LOT C & D A PART OF MAUDES & LAURENSENS & BARTELS ADDN TO SNYDERS 15730-08700-000-30 FRANKLIN ALLEY 100 Blk, between vacant lot and 120 104 FRANKLIN ST. N 57' OF 8, 9 & 10 BLK 40 SNYDERS 15720-04000-100-03 108 HIGH ST. S 24' OF LOT 4 & LOT 5 & N 6' LOT 6 BLK 42 SNYDERS 15720-04200-040-00 309 HIGH ST. N 1/2 LOT 10 BLK 57 SNYDERS ADDN 15720-05700-100-03 604 HIGH ST. N 1/2 NE 1/4 SW 1/4 13-92-52 (FAIRGROUND & NATIONAL GUARD ARMORY)~ MISC 15880-09252-133-00 308 N DAKOTA ST. LOT 6 BLK 60 SNYDERS 15720-06000-060-00 414 N DAKOTA ST. N 66' OF S 175' OF E 143' OF LOT 7 BLK 86 ADDN TO SNYDERS 15730-08600-070-36 614 N DAKOTA ST. LOT 1 BLK 1 LAWERENSENS 15400-00100-010-00 S 320' OF LOT 3 & S 320' OF E 4' OF LOT 5 EXC N 105.32' OF S 320' OF~ E 4' LOT 5 & N 105.32' OF S 320' LOT 3 & S 16.73' OF N 122.05' OF S~ 320' OF W 22.28' OF E 111.53' LOT 3 & S 912 N DAKOTA ST. 30.68' OF N 136' OF S 15340-00100-030-04 1207 PRINCETON ST. LOT 1 BLK 3 LOTUSWOOD ADDN 15415-00300-010-00 1024 RICE DRIVE LOT 12 OF REPLAT LOT 1 BLK 3 JOHNSONS 15340-00300-120-00 320 W CEDAR ST. LOTS 13 & 14 BLK 41 SNYDERS 15720-04100-140-00 521 W CLARK ST. W 50' OF LOT 5 BLK 2 LAMBERTS 15370-00200-050-00 824 W DARTMOUTH LOT 1 BLK 5 HOLIDAY VILLAGE 15330-00500-010-00 207 W DUKE ST. LOT 3 BLK 4 JOHNSONS 15340-00400-030-00 403 W MAIN ST. LOTS 9 & 10 BLK 39 SNYDERS 15720-03900-100-00 1017 W MAIN ST. LOTS 3, 4 & 5 BLK 25 VAN METERS 15810-02500-040-00 106 WASHINGTON ST. S 1/2 OF LOT 5 & ALL OF LOT 6 BLK 41 SNYDERS 15720-04100-060-00 210 WASHINGTON ST. S 19' OF LOT 3, ALL OF LOTS 4 & 5 & N 4' OF LOT 6 BLK 52 SNYDERS 15720-05200-060-00 In the City of Vermillion, South Dakota, all as mentioned in the Resolution of Necessity adopted by the Governing Body on the 2nd day of October, 2017 was approved and that the Engineer shall proceed with the work in the manner provided by law. BE IT FURTHER RESOLVED, that the property owner shall, at their own expense, repair the sidewalk according to the specifications filed in the office of the City Engineer. The repairs must be under contract by the 30th day of June 2018 for completion by December 31, 2018. Dated at Vermillion, South Dakota this 16th day of October, 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By______________________________ 8  John E. (Jack) Powell, Mayor ATTEST: By____________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Erickson. 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. Resolution Approving the Special Assessment Roll for Sidewalk Repairs (Northeast quadrant) Jose Dominguez, City Engineer, reported that, on November 16, 2015, the City Council approved a Resolution Adopting the Resolution of Necessity for Sidewalk Repairs. Jose reported that this resolution involved the sidewalks in the northeast quadrant of the community. Jose stated that the contractor has completed work and the final payment has been authorized. Jose stated that the special assessments were calculated and filed with the Finance Officer on September 19, 2017. Jose stated that, per State statute, the City is required to hold a public hearing to allow the affected property owners to review and discuss any concerns regarding the assessed value. Jose reported that the property owners were mailed notice of the public hearing and the resolution was published. Jose reported that the construction costs to be assessed are $16,644.04 which does not include the administrative fee, which is either $50 or 8% of the construction cost, whichever is greater. Jose reported that property owners would be given 30 days to pay the assessment without interest. Jose recommended approval of the resolution approving the assessment roll for sidewalk repairs in the northeast quadrant of the city. 330-17 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SIDEWALK REPAIRS IN THE CITY OF VERMILLION, SD WHEREAS, the Governing Body of the City of Vermillion, Clay County, South Dakota has established special assessment rolls for defraying the cost of construction of sidewalks and related improvements against the several tracts of real property fronting and abutting upon: OWNER DESCRIPTION PARCEL ID TOTAL 9  NUMBER (W/ FEE) HUNTER ALISON S S 1/2 OF LOT 4 & LOT 5 15680-00200-050-00 $293.84 BLK 2 SAMMELSONS FRENCH INVESTMENTS W 107' OF LOT 8 & W 107' OF S 10' OF LOT 9 15050-06100-090-03 $188.42 LLC BLK 61 BIGELOWS ADDN 19 N HARVARD LLC LOT 7 & S 1/2 OF LOT 8 15050-06200-080-00 $219.10 BLK 62 BIGELOWS ADDN APOSTOLIC FAITH CHURCH W 71' OF N 1/2 OF LOT 8 & W 71' OF LOT 9 15050-06200-090-00 $2,541.62 CD-DENNIS A KLEIN BLK 62 BIGELOWS ADDN HANSON TIMOTHY J & LOT 6 & 7 15060-00400-070-00 $281.01 SUSAN D L BLK 4 BIGELOWS UNIVERSITY BUTLER STEPHEN A & LOT 4 15580-00200-040-00 $308.78 JAYSRI SANKARAN BLK 2 POTTERS GRUNEWALDT CHAD L LOT 12 15050-06500-120-00 $374.16 BLK 65 BIGELOWS ADDN MCCAHREN LEE M & LOTS 10, 11 & N 1/2 OF 12 15050-06400-120-00 $553.49 LEE C "KIT" BLK 64 BIGELOWS ADDN PI BETA PHI LOT 1, 2 & 3 15060-00400-030-00 $250.33 ASSOCIATION BLK 4 %HEATHER AHRENDT BIGELOWS ADDN SLEGER JOHN J & VICKI LOTS 1 & 2 15060-00600-020-00 $653.05 D BLK 6 BIGELOWS UNIVERSITY WIRTH DIANE IRENE LOT 2 15680-00100-020-00 $222.43 SAMMELSON, BLK 1 JOHN & CODY SAMMELSONS FALK ALEX A & ANNIE L LOT 3 & S 1/2 OF LOT 4 15050-06900-040-00 $405.39 BLK 69 BIGELOWS ADDN ALPHA XI DELTA LOTS 3 & 4 15060-00900-040-00 $405.39 ASSOCIATION BLK 9 %MARY RUNGE BIGELOWS UNIVERSITY GRAY MARIE I LOTS 8 & 9 15050-06800-090-00 $611.77 BLK 68 BIGELOWS ADDN RAZCONDURAZO S 78' OF LOT 3 15100-00100-030-00 $296.51 GABRIEL & MEGAN BLK 1 BRECHTELS OSBORNE CINDY R & S 1/2 OF 7 & ALL OF 8 15060-01000-080-00 $250.33 KENT L BLK 10 BIGELOWS UNIVERSITY PINE STREET PROPERTY LOT 17 & S 1/2 OF 18 15060-01000-080-00 $254.50 GROUP LLC 10  BLK 10 BIGELOWS UNIVERSITY REEVES JAMES G & S 1/2 OF 4 & ALL OF 5 15060-01000-050-00 $405.39 SUSAN K BLK 10 BIGELOWS UNIVERSITY REEVES JAMES G & LOT 3 & N 1/2 OF 4 15060-01000-040-00 $281.01 SUSAN K BLK 10 BIGELOWS UNIVERSITY SUNDE RICHARD G & LOTS 1 & 2 15060-01000-020-00 $312.24 JANET BLK 10 BIGELOWS UNIVERSITY GARELIK CLAUDE S & M LOT 5 & E 1/2 OF LOT 6 & W 1/2 VAC ALLEY 15050-06300-060-00 $892.25 JEAN BLK 63 BIGELOWS ADDN FIRST UNITED LOT 18 & 19 15060-01300-190-00 $250.33 METHODIST CHURCH BLK 13 OF VERMILLION BIGELOWS UNIVERSITY CLIFFORD SYLVESTER LOT 1 & E 10' OF 2 15050-06300-020-00 $318.38 BLK 63 BIGELOWS ADDN DAVIS JOANN N 47' OF LOT 9 & S 19' OF LOT 10 15100-00100-100-02 $197.22 BLK 1 BRECHTELS PLUM VISTA SD LLC LOT 2 15440-00000-020-00 $691.65 MICHELS HOUSER WOODROW E II S 144' OF LOT 3-S 15880-09251-183-38 $194.55 & MELINDA A NE 1/4 SW 1/4 18-92-51 MISC HOGEN HAUS S 275' OF LOT 2-S 15880-09251-183-29 $1,154.39 PROPERTIES LLC NE 1/4 SW 1/4 18-92-51 MISC KAPPA ALPHA THETA, LOT 14 15060-00900-140-00 $718.16 ALPHA RHO CHAPTER BLK 9 %CARA GARRY BIGELOWS UNIVERSITY LUTHERAN CAMPUS E 92' OF LOTS 1 & 2 15060-01600-020-00 $250.33 COUNCIL BLK 16 BIGELOWS UNIVERSITY AUSTREE APARTMENT & LOT 3 15750-00100-030-00 $194.55 STORAGE BLK 1 LLC SUMMERSET HENNESSEY LOT 1 EXC E 2' 15013-00100-010-00 $254.50 ENTERPRISES INC BLK 1 ARNOLD ADDN SDVE SUBURBAN MHP URUP TRACT D OF LOT 2 GOV'T LOT 1 15880-09251-182-10 $1,225.02 LLC SE 1/4 NW 1/4 18-92-51 MISC SHEA KEITH & JOHN E 50' OF LOT HM-1 15880-09251-182-43 $197.22 SW 1/4 18-92-51 MISC BOLINGER E 20' OF LOT A & W 75' OF LOT B OF GOV'T 15880-09251-182-20 $497.56 ENTERPRIZES INC LOT 1 %RASH #640-41-2788 NW 1/4 18-92-51 MISC OULLETTE RENTALS LOT 3-S EXC S 144' 15880-09251-183-35 $293.84 11 LLC NE 1/4 SW 1/4 18-92-51 MISC FIRST DAKOTA W 150' OF LOT 1 15880-09251-181-11 $234.71 NATIONAL BANK W 1/2 SW 1/4 NE 1/4 18-92-51 MISC PARAGON LOT 7A 15206-00200-070-00 $194.55 APARTMENTS LLC BLK 2 %PAM JACOBSEN DAKOTA ADDN SNG LLG LOT B 15540-00200-130-00 $299.18 BLK 2 OUELLETTES ADDN PARAGON LOT 8A 15206-00200-080-00 $197.22 APARTMENTS LLC BLK 2 %PAM JACOBSEN DAKOTA ADDN PARAGON LOT 9A 15206-00200-090-00 $250.33 APARTMENTS LLC BLK 2 %PAM JACOBSEN DAKOTA ADDN INSIDE & OUT LLC LOT 15 15206-00100-150-00 $197.22 BLK 1 DAKOTA ADDN U STOP PUMP & WASH E 173.2' OF LOT 17 EXC S 90' & EXC LOT H1 15540-00100-170-02 $1,206.53 LLC BLK 1 OUELLETTES ADDN In the City of Vermillion, Clay County, South Dakota. The assessment rolls were filed in the office of the City Finance Officer of the City of Vermillion, South Dakota on the 19th day of September 2017. WHEREAS, said Governing Body, by resolution, fixed this time and place for hearing, upon the assessment rolls, and directed the City Finance Officer, of the City of Vermillion, Clay County, South Dakota, to publish a Resolution and Notice for such hearing in the official newspaper of Vermillion, South Dakota. Said Resolution and Notice described, in general terms, the improvement for which the special assessment is levied, the date of filing of the assessment rolls, and the time and place for the hearing that the assessment rolls would be open for public inspection at the office of the City Finance Officer of Vermillion, South Dakota, and referred to the assessment rolls for further particulars. The Finance Officer was further directed to mail a copy of the Resolution and Notice, by first-class mail, postage thereon fully prepaid, addressed to the property owners of any property to be assessed for such improvement at their address, as shown by the records of the Director of Equalization, prior to the date set for the hearing. WHEREAS, it now appears that the Finance Officer has caused notice of the hearing to be given in the manner provided by the aforementioned Resolution and Notice, and by law. 12 WHEREAS, all persons interested have been given an opportunity to appear and show cause why the Governing Body should not approve the assessment rolls, and the assessments against the respective premises of the owners, and the Governing Body has determined that the assessment rolls are, in all respects, true and correct and according to law. NOW, THEREFORE, IT IS RESOLVED, by the Governing Body of the City of Vermillion, Clay County, South Dakota that the special assessment rolls are hereby approved without amendment or change. BE IT FURTHER RESOLVED, that the approved assessment rolls be filed in the office of the City Finance Officer the day after approval of the assessment rolls. The City Finance Officer shall publish once in the official newspaper of Vermillion, South Dakota, and a copy of this Resolution and Notice, along with the approved assessment rolls. BE IT FURTHER RESOLVED, that the City Finance Officer shall immediately mail to the owner, or owners, of each lot, parcel or piece of ground, as shown by the assessment rolls, a copy of this Resolution and Notice, along with the approved assessment roll for that location. NOTICE IS HEREBY GIVEN, that the assessments mentioned in the assessment rolls will be payable according to the provisions of Plan One, as set forth in Sections 9-43, inclusive of the Codified Laws of the State of South Dakota, unless superseded by a deferred assessments agreement. NOTICE IS FURTHER GIVEN, that any assessment under Plan One, or any installment thereof, may be paid without interest to the City Finance Officer whose office is located in City Hall at 25 Center Street in the City of Vermillion, South Dakota, at any time, within thirty days after the filing of the approved assessment rolls in the office of said City Finance Officer. Thereafter, and prior to the due date of the first installment, the entire assessment remaining, or any number of installments thereof, plus interest thereon, from the filing date to the date of payment, may be paid to the said City Finance Officer. After the due date of the first installment, provided that the installments, which are due together with interest included thereon, have been paid, any or all of the remaining installments not yet due may be paid without additional interest to the said City Finance Officer. All installments paid prior to their respective due dates shall be paid in inverse order of their due dates. No installment, under Plan One, shall be paid to the said City Finance Officer on or after its due date, and on and after said date such installment shall be paid only to the County Treasurer with interest. 13 NOTICE IS FURTHER GIVEN, that the approved assessment rolls, will be filed with the City Finance Officer on October 17, 2017. The assessment is payable in two (2) installments at ten percent (10%), per annum, interest on unpaid installments as stipulated in the assessment roll for each location. The first installment due date is January 1, 2018. Subsequent installments are due January 1st of each succeeding year until the entire assessment is paid. The assessment rolls herein referred to are attached. Dated at Vermillion, South Dakota, this 16th day of October, 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA By: _________________________________ John E. (Jack) Powell 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. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. D. Consideration of an application submitted by the Alpha Phi House Corporation Board for a variance reducing the minimum front yard setback from 20’ to 5’ for the construction of a parking lot on property located at 619 East Cedar Street Jake Losinski, Assistant to the City Manager, explained the variance process whereby the City Council serves as the Board of Adjustment. Jake reviewed the factors for consideration as to whether a variance should be granted as contained in ordinance. Jake stated that representatives of the Alpha Phi Corporation Board met with City staff regarding the sorority’s plans to purchase the property at 619 East Cedar and convert it to an off-premise parking lot, which is a conditional use in the R-2 zone. Jake reported that, on September 22nd, City Staff received a Petition for Variance for 619 E Cedar from the Alpha Phi Corporation Board to reduce the front yard setback requirement along Cedar Street in order to fit a larger parking lot that could accommodate more vehicles. Jake reported that the Alpha Phi Corporation Board has an offer on 619 East Cedar with the contingency that applications for a Variance and then a Conditional Use Permit for the off-premise parking lot are approved. Jake stated that the current property owner, Mark Tipton, lends full support to the applications 14 submitted by the Alpha Phi Corporation Board. Jake reported that city ordinance requires a 25’ front yard in R-2 zoning and allows corner lots to reduce one front yard to 20’. This means a corner lot in R-2 zoning, at a minimum, must have a 25’ front yard on one side and a 20’ front yard on the other. Jake stated that the variance request is to reduce the Cedar Street side yard to 10’. Jake stated that the variance request and diagrams are included in the packet. Jake reported that the current lot size only allows for 13 parking spaces but if the variance were granted the lot would allow 26 parking spaces. Jake stated that staff does not feel that this petition for variance fits any of the determining factors for whether a variance should be granted and as such does not recommend the approval of the request. Jake reported that staff does recognize the merit in the proposed project and the unique needs of University Greek housing and the City Council could attach conditions such as screening or lighting. Jake noted that ordinance requires that a public hearing be held on this item and a concurring vote of 2/3 of the members of the City Council shall be necessary to approve a variance. Jake noted that if the variance is approved the off-premise parking lot would still need a conditional use permit issued by the Planning Commission. Jake reported that legal notice was published, signs were placed on the property advertising the public hearing and notices were mailed to all property owners within 250 feet of the property. Discussion followed with Jake answering questions of the variance process. Chelsea Asmus, representing Alpha Phi Corporation Board, reported that the Board has a conditional purchase offer for the property at 619 East Cedar to be converted into a parking lot. Chelsea stated that their international organization will not allow the Corporation to own property other than their residence unless for parking. Chelsea stated that there are 6 fraternal houses in this neighborhood which at capacity brings 284 students to a three block area. Chelsea noted that this puts an increased burden of on street parking in this area that inconveniences owners and renters in the area. Chelsea stated that the Board was looking at safety of their residents by having off street parking across the street from their house. Chelsea noted that without the variance the cost would outweigh the benefits of the property. Chelsea reported that they have made contact with the neighbors who had a concern about traffic in the alley to the west and she stated that their plan removed access to the parking lot from the alley to the west. Chelsea requested a 10 foot variance to the required 20 foot side yard setback to allow for the larger parking lot. Andrea Ronning, Realtor, reported that the seller, Mark Tipton, was in support of the sale and the variance. 15 Ann Nelson, President of the Alpha Phi House Corporation Board, stated that the purchase of 619 East Cedar is contingent upon the variance and the conditional use permit. Ann stated that, if the variance is approved, the lot would hold 26 vehicles and by removing the rental house would improve the on street parking in this area. Ann requested approval of the variance. Discussion followed on the variance request with City Attorney, McCulloch, reviewing the conditions but noting that the City Council serving as the Board of Adjustment has the ability to review each request individually. 331-17 Alderman Erickson moved approval of the 10 foot Cedar Street side yard variance at 619 East Cedar specifically for the Alpha Phi House Corporation parking lot. Alderman Holland seconded the motion. Discussion followed on safety issues as well as less on street parking. A roll call vote of the Governing Body was as follows: Collier-Wise-N, Erickson-Y, Holland-Y, Humphrey-Y, Meins-N, Price-Y, Sorensen-N, Mayor Powell-Y. Mayor Powell reported a 2/3 vote is required for approval thus the motion failed 5 to 3. 7. Old Business A. Second 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 John Prescott, City Manager, reported that the existing City zoning ordinance does not allow for a telecommunications/cell tower to be constructed within 300-feet of a residential zone or use. John stated that telecommunication towers are only allowed on property zoned Central Business, General Business, General Industrial, or Heavy Industrial. John stated that, shortly after 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. John noted that the former water tower had cell company equipment located on it. John reported that the cell tower contractor suggested that the City amend the current zoning ordinance to allow the construction of stealth/camouflaged towers within 300-feet of residential zones or uses. 16 John reported that the City Council at the noon meeting on February 6, 2017 requested the Policies and Procedures Committee review the company’s request and report back. John stated 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. John noted that City staff also developed a draft application that could be used if the ordinance were adopted. John stated that the proposed amendment establishes a process to notify neighbors of a hearing when the City Council would consider a specific design for a location. John noted 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 currently required for the placement of any telecommunications tower. John stated that on April 17, 2017 the City Council received the report of the Policies and Procedures Committee and recommended acceptance. John noted that, as the proposed language would amend the zoning code, an ordinance to amend the zoning code first went to the Planning Commission for consideration. John stated that the Planning Commission reviewed this item during their May 8, 2017 meeting and recommended approval with a 5-2 vote. John noted 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 by approving a specific design. John stated that some neighbors of the Market and Bloomingdale property attended the Planning Commission meeting and expressed concern about a telecommunications tower at this location. John stated that the City Council approved the first reading of Ordinance 1355 at the May 15, 2017 meeting. John stated that at that meeting no audience comments were offered in opposition to the proposed ordinance, however, concerns were expressed by a City Council member with regard to the proximity of one potential location to a residential historic district and possible health effects caused by telecommunication towers. John reported that several comments were offered by residents at the June 5th City Council meeting when the ordinance was considered at second reading. John noted that the tower company representative was not at the June 5th meeting. John reported that second reading was tabled at the June 5th meeting to allow the tower company representative to respond to questions posed at the meeting. John noted that included in the packet is information provided by the telecommunications tower company representative in response to questions posed at the June meeting. John noted that some of the customer information such as the number of customers and other customer details would be considered proprietary business information that cannot be shared. John stated that, on a related note, with respect to the need for the tower are problems experienced by law enforcement 17 during the recent Dakota Days celebration. John reported that the in- car Police computers that run on a cell card were frequently inoperable due to the downtown cell traffic that weekend and law enforcement also had issues with utilizing their phones during busy times. John reported a concern that staff presented at the previous meetings is that it is difficult to place a telecommunications tower south of the Cherry Street business corridor with the current zoning requirements. John reported that cities use a variety of approaches in the placement of towers. John reported that addressing the placement of telecommunications tower(s) is an issue the community will need to address to adequately meet the needs of residents and visitors in the future. John stated that the proposed ordinance would provide the City Council and community the opportunity to make an exception in a location that makes sense and where the right design can be determined, noting the proposed ordinance does not approve any specific design or location for a telecommunications tower. John presented maps prepared by the City Engineer showing where in the community a tower could be located under the current ordinance of 300 feet from residential zone or use as well as 200 feet and then 100 feet. John stated that there is no place in the central business district under current ordinance and if lowered to 100 feet the lots are currently not vacant. Curt Walters, representing Verizon, stated that the information provided was to answer the questions raised at the June meeting but noted that some information is proprietary and not available to him. Curt stated that a letter from the RF Engineer reported on current tower locations and the need for additional capacity in the downtown area by 2019 based upon the growth projections. Curt stated that the Dakota Days weekend issues were capacity and as the system reaches capacity they will no longer be able to provide adequate data speeds to the customers. Curt reported on tower locations in residential areas in Sioux Falls noting that if approved the City Council, Citizens and the tower company can work together to locate a stealth tower. Alderman Collier-Wise requested data to show that the system is at capacity and the Engineer's letter includes statements as to a “significant” amount, but what is significant. Curt stated that he provided the letter from the RF Engineer noting the need for a tower in the downtown area to continue to provide reliable wireless service in this area. Curt stated that he would try to obtain more information to answer this question. Curt noted that a tower below the bluff would not provide the coverage needed in the downtown area due to the bluff. 332-17 Alderman Erickson moved approval of second reading of Ordinance 1355 to amend Title XV Land Usage, Chapter 155 Zoning Regulations Section 18 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. Alderman Holland seconded the motion. Discussion followed with Curt Walter answering questions. Steve Bell, 117 Court Street, reported that he was in favor of good communications but questioned if this tower was to provide service to Nebraska. Sharon Gray, 32 E Bloomingdale, questioned why the City would consider placing a cell tower in a historic district noting that a reproduction of a water tower would not be acceptable in a historic district. Sharon voiced concerns with the health issues of a tower so close to residential. Harry Scholten, property owner on Austin Street, reported that from his quick research there are long-term health issues with towers noting they should be more than 300 feet away from residential. Discussion followed. 333-17 Alderman Collier-Wise moved to table action on second reading of ordinance 1355 to allow time for the tower company to provide answers to her questions. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the second reading tabled. John Prescott, City Manager, reported that he would work with the tower company representative to provide notice when this item will be back on the agenda. B. Second Reading of Ordinance 1363 – Zone Change to Exclude from the GB-General Business District and Include in the R-3 Residential District Lot 4, Block 5; and, Lot 2, Block 6; and, the West 185.5’ of Lot 1, Block 5, Partridge Addition, City of Vermillion, Clay County, SD; and, the Exclude from the R-2 Residential District and Include in the R-3 Residential District Lot 3, Block 5; and, Lots 1 & 2, Block 7, Partridge Addition, City of Vermillion, Clay County, SD Joe Dominguez, City Engineer, reported on the location of the property noting that the area in question has been marketed for development for several years. Jose reported that the owners of the parcels are wanting to change the zoning from GB – General Business District, and from R-2 Residential District, to R-3 Residential District. Jose stated that the Planning Commission unanimously recommended approval of the rezone at their September 25th meeting. Jose stated that Ordinance 1363 is to 19 rezone the property as recommended by the Planning Commission and passed first reading at the October 2nd meeting. 334-17 Second reading of title to Ordinance 1363, entitled An Ordinance Amending the Zoning Map to exclude from the GB-General Business District and include in the R-3 Residential District Lot 4, Block 5; and, Lot 2, Block 6; and, the West 185.5’ of Lot 1, Block 5, Partridge Addition, City of Vermillion, Clay County, SD; and, to exclude from the R-2 Residential District and include in the R-3 Residential District Lot 3, Block 5; and, Lots 1 & 2, Block 7, Partridge Addition of the City of Vermillion, South Dakota Mayor Powell read the title to the above named Ordinance, and Alderman Sorensen moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1363 entitled An Ordinance Amending the Zoning Map to exclude from the GB-General Business District and include in the R-3 Residential District Lot 4, Block 5; and, Lot 2, Block 6; and, the West 185.5’ of Lot 1, Block 5, Partridge Addition, City of Vermillion, Clay County, SD; and, to exclude from the R-2 Residential District and include in the R-3 Residential District Lot 3, Block 5; and, Lots 1 & 2, Block 7, Partridge Addition of the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 2nd day of October, 2017 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 16th day of October, 2017 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1363 AN ORDINANCE AMENDING CHAPTER 155, zoning REGULATIONS, OF THE REVISED ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, SECTION 155.026 ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING LOT 4, BLOCK 5; AND, LOT 2, BLOCK 6; AND, THE WEST 185.5’ OF LOT 1, BLOCK 5, PARTRIDGE ADDITION, CLAY COUNTY, SOUTH DAKOTA FROM THE GB-GENERAL BUSINESS DISTRICT TO THE R-3 RESIDENTIAL DISTRICT; AND, REZONING LOT 3, BLOCK 5; AND, LOTS 1 AND 2, BLOCK 7, PARTRIDGE ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE R-2 RESIDENTIAL DISTRICT TO THE R-3 RESIDENTIAL DISTRICT. 20 BE IT ORDAINED BY THE GOVERNING BODY OF VERMILLION, SOUTH DAKOTA: SECTION 1. That Section 155.026, Adoption of Official Zoning Map, is hereby amended as follows: That Lot 4, Block 5; and, Lot 2, Block 6; and, the west 185.5’ of Lot 1, Block 5, Partridge Addition, Clay County, South Dakota are hereby excluded from the GB-General Business District and included in the R-3 Residential District; and, that Lot 3, Block 5; and Lots 1 and 2, Block 7, Partridge Addition, City of Vermillion, Clay County, South Dakota are hereby excluded from the R-2 Residential District and included in the R-3 Residential District; and that the official zoning map is amended to include such lands in the R-3 Residential District. Dated at Vermillion, South Dakota this 16th day of October, 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_____________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer Adoption of the Ordinance was seconded by Alderman Collier-Wise. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Collier-Wise-Y, Erickson-Y, Holland-Y, Humphrey-Y, Meins-Y, Price-Y, Sorensen-Y, Mayor Powell-Y Motion carried 8 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. First Reading of Ordinance 1364 to amend Title VII Traffic Code, Chapter 70 General Traffic and Parking Regulations, Section 70.072 to clarify when parking is not permitted in alleyways and to utilize the defined term alleyway in sections 70.072 and 70.077 Addison McCauley, Administrative Intern, reported that the issue of parking in alleyways was discussed during the October 2, 2017 special noon meeting at which time the City Council requested an ordinance be drafted for future consideration. Addison reported that the ambiguous language in sections 70.072 and 70.077 has made the legality of parking in the alleyways unclear. Addison stated that the ordinance was prepared and reviewed by the City Attorney and is written to explicitly 21 prohibit the actions of stopping, standing, or parking any motor vehicle in any alleyway, except to load or unload, or receive or deliver from the vehicle for a period of time not exceeding 30 minutes; provided, however, the Chief of Police may authorize time periods when necessary in special instances. Addison noted that the proposed amendment would also revise sections to replace the term “alley” with the defined term “alleyway”. Discussion followed on the ordinance and use of alleyways for delivery. 335-17 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. 1364 entitled An Ordinance Amending Title VII Traffic Code, Chapter 70 General Traffic and Parking Regulations, Section 70.072 to clarify when parking is not permitted in alleyways and to utilize the defined term alleyway in sections 70.072 and 70.077of 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 16th day of October, 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 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. B. Permit for consumption but not sale on Thursday, October 26, 2017 from 3:00 p.m. to 7:00 p.m. for Vermillion Area Farmers Market on the fairgrounds east of High Street and south of Cherry Street Mike Carlson, Finance Officer, reported that a permit for consumption but not sale was received from the Vermillion Area Farmers Market for Thursday, October 26, 2017 from 3:00 p.m. to 7:00 p.m. Mike stated that this is the last outdoor market of the season. Mike stated that the application is included in the packet and has been done the last few years without any incidents. 336-17 Alderman Erickson moved approval of the permit for consumption but not sale for the Vermillion Area Farmers Market on the fairgrounds east of High Street and south of Cherry Street on Thursday, October 26, 2017 22 from 3:00 p.m. to 7:00 p.m.. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. C. DOT proposed speed limit change on HWY 50 John Prescott, City Manager, reported that an email was received from the SD DOT Region Engineer late today reporting that the State Transportation Commission is meeting to discuss proposed speed rule changes to reduce the speed limit on SD HWY 50 from 55 miles per hour to 50 miles per hour and requested the concurrence of the City Council before Wednesday evening. Discussion followed on proposed change noting that a lower speed limit may be needed for safety. 337-17 Alderman Collier-Wise moved approval of concurrence with SDDOT proposed speed limit reduction on SD HWY 50 from 55 miles per hour to 50 miles per hour. Alderman Price seconded the motion. Discussion followed on how the speed limit is determined. Jose Dominguez, City Engineer, reported that the DOT conducts speed studies on this section of HWY 50 that are provided to the City. Jose noted that the proposed speed limit is close to the 85 percentile of the traffic speed. Jose noted that there would be safety issues with reducing the speed limit too much. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported that the Police/Emergency Communications Department will have an Open House on Saturday, October 28th from 11:00 a.m. to 1:00 p.m. at the Public Safety Center on the west side of the Court House. John reported that costumes are encouraged with the Halloween theme. B. John reported that fire hydrant flushing started today and will last until approximately October 27th. John stated that this is routine maintenance of the water system and there may be temporary discoloration of the water in the immediate area. C. John reported on the receipt of the following raffle notification: St. Agnes is selling $1 raffle tickets until the drawing at the Fall Festival on October 29th. Prizes are donated and range in value between $50 and $500. Proceeds from the raffle benefit St. Agnes Church and School. PAYROLL ADDITIONS AND CHANGES 23 Administration: Marty Washington $14.10/hr; Planning Commission: Howard Willson $15.00/mtg; Ambulance: Marisa Helm $10.00/hr-$2.00/on call- $15.00/holiday hr-$3.00/holiday on call, Carter Kerber $10.00/hr-$2.00/ on call-$15.00/holiday hr-$3.0/holiday on call; Dale Loudon $10.00/hr- $2.00/on call-$15.00/holiday hr-$3.00/holiday on call, Jenna Stewart $10.00/hr-$2.00/on call-$15.00/holiday hr-$3.00/on call; Recreation: Holly Wilson $9.00/hr; Library: Kari Rettig $9.00/hr, Melissa Schmidt $9.25/hr 11. Invoices Payable 338-17 Alderman Erickson moved approval of the following invoices: AT&T Mobility mobile hotspots 254.66 Bhs Marketing, LLC soda ash 6,816.70 Broadcaster Press advertising 1,927.77 Brunick's Service Inc fuel 7,878.08 Buhls Cleaners mat/mop services 600.68 Bureau Of Administration telephone 219.05 Campbell Supply supplies 623.60 Cask & Cork merchandise 653.00 Centurylink telephone 1,580.17 City Of Vermillion landfill vouchers 276.00 Clay Rural Water System water usage 54.20 Clay-Union Electric Corp electricity/pro services 5,225.86 Concrete Materials chip seal materials 5,903.48 Dakota Beverage merchandise 15,445.22 Dakota Pc Warehouse computer/adapter 604.97 Dept. Environment Natl Res landfill operations fee 3,431.29 Foreman Media council mtg 100.00 Global Dist. merchandise 284.00 Gregg Peters 3rd qtr profits/monthly fee 29,612.98 John A Conkling Dist. merchandise 3,432.55 Johnson Brothers Of SD merchandise 38,187.18 Johnson Controls boiler/repairs 56,231.58 Jones Food Center supplies 508.37 Loren Fischer Disposal haul cardboard 140.00 Matheson Tri-Gas, Inc supplies 42.19 McCulloch Law Office professional services 1,600.80 Menards materials 1,236.31 MidAmerican gas usage 1,495.64 Midcontinent Communication cable/internet service 728.68 24 Midland Contracting, Inc airport apron improvements 199,506.66 Midwest Ready Mix & Equipment red rock/rebar/flowable fill 2,326.00 National Music Museum contribution 15,000.00 Republic National Dist merchandise 32,422.55 Reserve Account postage for meter 950.00 Southern Glazer's Of SD merchandise 6,175.57 Staples Advantage supplies 761.74 Stern Oil Co. fuel/aviation fuel 18,288.54 Sturdevants Auto Parts parts 287.57 The Equalizer advertising 185.00 The Growler Station, Inc merchandise 1,391.48 The Ups Store #6751 shipping 21.17 United Parcel Service shipping 13.39 Us Postmaster postage for utility bills 950.00 Vermillion Ace Hardware supplies 19.96 Vermillion Area Community Foundation round-up program 272.25 Vermillion Chamber Of Commerce contribution 53,750.00 Vermillion Ford repairs 19.80 John Runyan Bright Energy Rebate 525.00 Mart Brothers Bright Energy Rebate 2,100.00 Paul Hagenbuch Bright Energy Rebate 525.00 Kalins Indoor Comfort Bright Energy Rebate 700.00 Bob Gregoire Bright Energy Rebate 216.00 JP Investments Bright Energy Rebate 350.00 Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 339-17 Alderman Erickson moved to adjourn the Council Meeting at 8:55 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of October, 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: 25 BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 26