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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · November 20, 2017

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Minutes

Unapproved Minutes Council Special Session November 20, 2017 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, November 20, 2017 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Holland, Humphrey, Price, Sorensen, Ward, Council President Collier-Wise Absent: Erickson, Meins, Mayor Powell 2. Educational Item – Street closing request policy –Assistant to the City Manager Jake Losinski Jake Losinski, Assistant to the City Manager, reported that there has been an increased number of street closing requests this year and wanted City Council input on any changes to the current policy. Jake reviewed the current street closing policy. Jake also reviewed other South Dakota cities street closing policies. Jake asked if the City Council would want to change the current policy. Discussion followed with Pete Jahn, Street Superintendent and Jake answering questions of the City Council on the street closing policy. The consensus was to have staff draft an updated street closing policy from the Council input for review by the Policies and Procedures Committee before report to the City Council. 3. Informational Item – Highway 50 drainage proposal – City Engineer Jose Dominguez Jose Dominguez, City Engineer, reported that the City continues to work with the South Dakota Department of Transportation on the Highway 50 drainage and, as issues arise, contact the DOT to request corrective action. Jose stated that the south road ditch of Highway 50 is owned by the DOT but it also serves as storm drainage for a large portion of the city. Jose stated that the ditch does not move storm water efficiently thus has ponding. Jose stated that, from conservations, the DOT is willing to work with the City on the drainage issues but would not commit to funding. Jose recommended that the City hire a consultant to commence an in-depth study of the area with the study to be split into three phases. Jose stated that Phase I would be a rough model of area for providing concepts and conceptual cost estimates. Jose reported that from the concepts developed in Phase I the City would 1 determine which option to move forward with in the next phase. Phase II would be an in-depth study of drainage area to see how the concept might need to be fine tuned as well as updating the cost estimates. Phase III would be to complete the construction plans and final cost estimate for bidding and construction. Jose noted that the DOT would also be included in all phases of a project. Jose stated that he has obtained a cost estimate from a consultant for Phase I of $17,350 noting that this would be funded from the Storm Water Fee Fund. Jose noted that the DOT would be doing construction work on Highway 50 in 2021 and maybe they would share the costs of the storm drainage work as part of the project. Discussion followed on the drainage with the consensus to move forward with Phase I of the Highway 50 drainage study at a cost not to exceed $17,350. 4. Informational Item – Single-family Rental housing parking – City Manager John Prescott John Prescott, City Manager, reported that City ordinance section 155.072 (B) addresses off street parking requirements which for single- family detached dwellings is 2 spaces for each dwelling unit. John stated that the ordinance includes alternate parking requirements to allow a garage that has a walk-thru door from the dwelling unit leading to the garage without going through the outside, the garage shall be a minimum size and the property owner will ensure that the garage space is open for tenant parking for it to be considered a parking space. John stated that there has been a number of inquiries where single- family homes have garages that do not have the walk-thru door but are attached or within 10 feet of the dwelling unit. John stated that the building code recognizes garages within 10 feet as being attached. John suggested modifying the ordinance to allow garages within the 10 feet to be considered as part of the alternate parking requirements. Discussion followed on off street parking and garage space as it compares to additional off street parking with the consensus to have staff draft an ordinance amendment to include garages within 10 feet be considered as part of the alternate parking requirements. 5. Briefing on the November 20, 2017 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 351-17 Alderman Ward moved to adjourn the Council special session at 1:06 p.m. Alderman Sorensen seconded the motion. Motion carried 6 to 0. President Collier-Wise declared the motion adopted. 2 Dated at Vermillion, South Dakota this 20th day of November, 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, President ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session November 20, 2017 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, November 20, 2017 at 7:00 p.m. by President Collier-Wise. 1. Roll Call Present: Holland, Humphrey, Meins, Price, Sorensen, Ward, Council President Collier-Wise, Student Representative Paulsen Absent: Erickson, Mayor Powell 2. Pledge of Allegiance 3. Minutes A. Minutes of November 6, 2017 Regular Meeting; November 6, 2017 Special Meeting; November 15, 2017 Special Meeting 352-17 Alderman Sorensen moved approval of the November 6, 2017 Regular Meeting, November 6, 2017 Special Meeting and November 15, 2017 Special Meeting session minutes. Alderman Holland seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. 4. Adoption of Agenda 353-17 3 Alderman Price moved approval of the agenda. Alderman Ward seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Annual liquor and wine license renewals Mike Carlson, Finance Officer, reported that this was the time set for the public hearing for the annual liquor and wine license renewals. Mike stated that the notice of hearing and the Police Chief’s report are included in the packet. Mike stated that, from the police report, there was one license holders that had failed a compliance check and, as required by ordinance, a management plan from Wal-Mart Stores, Inc for Wal-Mart #3734 is included in the packet. Mike read the list of license applications requesting renewal. Mike noted that, for City Council actions, the Council may first want to consider the renewal of the retail on-sale liquor license for the Old Lumber Company, Inc for the Old Lumber Company Bar and Grill at 15 Court Street. Mike stated that when the license was transferred from John Grunewaldt to the Old Lumber Company, Inc in April 2012, as well as the previous renewals, the license had the following condition “interior of the building, at said location”. The City Council will need to consider if it wants to continue to restrict the license to the interior of the building. The second action would be to consider the renewal of the balance of the on-sale retail liquor licenses, on-off sale wine licenses and municipal package off sale license. Mike noted that, if not approved, the reason for the denial must be stated. Discussion followed with council members expressing their concerns about the number of instances of underage persons found in the Main Street Pub and Charcoal Lounge, Inc as indicated in the Police Chief's report. 354-17 Alderman Ward moved approval of the renewal of the following licenses for 2018: Re-issuance of On-Sale-Retailer Liquor with Sunday sales: Re- issuance of On-Sale-Retailer Liquor with Sunday sales: Bunyan’s, LLC for Bunyan’s at 1201 West Main; Bebee Street II, LLC. for Carey’s Bar at 18 West Main; Charcoal Lounge, Inc. for Charcoal Lounge at 6 & 8 East Main; Fraternal Order of Eagles for Eagles Club 2421 at 114 West Main; Leo’s Sports Bar & Grill, LLC for Leo's Lounge at 11 South Market; Main Street Pub, Inc. for Main Street Pub at 11 West Main; Maya Jane’s, Inc. for Maya Jane’s at 9 W Main; Red Steakhouse, Inc for Red Steakhouse at 1 East Main Street; City of Vermillion for The Bluff's Golf Course at 2021 East Main; J.N.J. Management, Inc. for The Road 4 House at 911 East Cherry; Re-issuance of Retail On-Off Sale Wine: Café Brule, Inc for Café Brule at 24 West Main; Vermillion Downtown Cultural Assoc. Inc for Coyote Twin Theater at 10 East Main Street; Fire Works, Inc for Dakota Brick House at 15 West Main Street; D&D Foods, Inc for Hartford Steak Co Tavern at 7 Court Street; HyVee Food Stores Inc for HyVee at 525 West Cherry Street; Blue Inc for Little Italy’s at 831 East Cherry; Mexico Viejo, Inc for Mexico Viejo Mexican Restaurant 432 E Cherry; Sunset Oil, Inc for Pump N Pak Casino at 629 Stanford St Suite A; Red Steakhouse, Inc for Red Steakhouse at 1 East Main Street; Schelby Manning for Studio Muse at 117 East Cherry Street; Varsity Pub, LLC for The Varsity at 113 East Main Street; Wal-Mart Stores, Inc. for Wal-Mart #3734 at 1207 Princeton Street; Re-issuance of Municipal Off- Sale Package Liquor: City of Vermillion for Municipal Liquor Store at 826 Cottage and the renewal of the on-sale retail liquor license with Sunday sales for the Old Lumber Company, Inc for the Old Lumber Company Bar and Grill at 15 Court Street with the restriction that the license is for the interior of the building at 15 Court Street. Alderman Holland seconded the motion. Motion carried 7 to 0. President Collier- Wise declared the motion adopted. B. Transfer of a retail on-sale liquor license from First Dakota National Bank to Fire Works, Inc. for Dakota Brick House at 15 W. Main Street Mike Carlson, Finance Officer, reported that Fire Works, Inc. for Dakota Brick House at 15 W. Main Street has filed an application to transfer the retail on sale liquor license from First Dakota National Bank. Mike stated that the notice of hearing and the Police Chief’s report are included in the packet. Mike noted that the City Council has the ability to transfer a license on basically two criteria: suitable person and suitable location. Mike stated that, as to the suitable person, the owners of Fire Works Inc currently have a retail on-off sale malt beverage and wine license thus no background checks were requested. Mike stated that, with respect to the location criteria, a license has been previously approved for this location. Mike noted that, if not approved, the reason for the denial must be stated. Discussion followed with owner Jim Waters answering questions of the City Council. 355-17 Alderman Sorensen moved approval of the transfer of the retail on sale liquor license with Sunday sales to Fire Works, Inc. for Dakota Brick House at 15 W. Main Street from First Dakota National Bank. Alderman Price seconded the motion. Motion carried 7 to 0. President Collier- Wise declared the motion adopted. 5 C. Renewal of a retail on-sale liquor license for Fire Works, Inc. for Dakota Brick House at 15 W. Main Street Mike Carlson, Finance Officer, reported that the license just transferred expires December 31st so this application is to renew the retail on sale liquor license for the 2018 calendar year. The notice of hearing and Police Chief’s report were included with the previous item. 356-17 Alderman Ward moved approval of the renewal for 2018 of the retail on sale liquor license with Sunday sales for Fire Works, Inc. for Dakota Brick House at 15 W. Main Street. Alderman Humphrey seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. 7. Old Business - None 8. New Business A. Resolution Authorizing the Purchase of Surveying Equipment Jose Dominguez, City Engineer, reported that one of the duties that the City’s Engineering Department has is to complete topographical surveys and construction staking. Jose noted that over the past few years the Department has been modernizing the equipment used for surveying to complete survey work more quickly and with less staff. Jose stated that this has allowed the Department to complete work that would otherwise need to be completed by consultants. Jose reported that the City currently has a GPS unit and a level which are used to survey. Jose stated that the majority of the work can be completed with the GPS unit and one person. The level is used when we cannot get satellite reception, or when precision needs to be closer than ½-inch but requires two people to survey. Jose reported that included in the 2018 budget is the purchase of a robotic total station. Jose stated that this piece of equipment would allow one person to complete surveys with a similar accuracy as a level. Jose reported that the equipment to be purchased would consist of the robotic total station, prisms, handheld terminal, a base and a rover. Jose stated that the equipment would be purchased off the SD State Contract from Frontier Precision and the City would also qualify for additional discounts if the order is placed in November for a total purchase price of $41,303. Jose recommended approval of the resolution to authorize the ordering of the equipment for delivery and payment in 2018. Discussion followed. 357-17 Alderman Holland moved approval of the resolution authorizing the purchase of the robotic total station and other components from 6 Frontier Precision form the South Dakota State contract at a price of $41,303 for delivery and payment in 2018. Alderman Meins seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. B. Resolution establishing project certifying officer for curbside recycling equipment grant Mike Carlson, Finance Officer, reported that the City Council in September 2017 approved the application for a grant/loan for the replacement of the curbside recycling trailer. Mike stated that the Mayor was notified that the Department of Environment and Natural Resources staff has received the application and determined it to be complete but noted a resolution for authorizing a project certifying office would be needed before any pay requests could be processed. Mike noted that the Board of Water and Natural Resources would be considering the application at their January 4, 2018 meeting. Mike stated that the attached resolution would designate the City Manager as the project certifying officer for this grant and if approved the resolution would be forwarded to the DENR to complete the application information. Discussion followed. 358-17 Alderman Sorensen moved approval of the resolution establishing the City Manager as the project certifying officer for the curbside recycling equipment grant/loan. Alderman Meins seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported that there is an opening on the Business Improvement District #1 Board. John requested that interested individuals complete an Expression of Interest form and return by December 13th in anticipation of City Council appointment at the December 18th meeting. B. John wanted to thank the citizens that attended the open house / kick-off meeting for the Bike Master Plan last week. John stated the consultant is developing an on-line survey which is anticipated to go live this week to engage as many residents as possible in the planning process. John stated that the link to the survey will be on the City’s website and also available on the website associated with the project at www.bikevermillion.com. John encouraged residents to complete the survey. 7 C. John stated that City Offices would be closed on Thursday and Friday, November 23rd and 24th. D. John reported that the curbside recycling collection routes for Thursday and Friday, November 23rd and 24th will be collected on Monday, November 27th. E. John reported that Main Street from Court to the west end of Ratingen Platz and Market Street as it abuts Ratingen Platz will be closed from 5:00 p.m. to 8:00 p.m. on Thursday, November 30th for their VCDC stand-still parade. PAYROLL ADDITIONS AND CHANGES Police Admin: Dallas Schnack $12.65/hr 11. Invoices Payable 359-17 Alderman Price moved approval of the following invoices: BHS Marketing, LLC soda ash 6,816.70 Bierschbach Eqpt & Supply supplies 818.60 Broadcaster Press advertising 2,477.68 Buhls Cleaners mat/mop svc 604.70 Bureau Of Administration telephone 175.43 Campbell Supply supplies 4,421.12 Cask & Cork merchandise 992.30 Centurylink telephone 1,581.07 City Of Vermillion landfill vouchers 372.00 Clay Rural Water System water usage 54.20 Clay-Union Electric Corp electricity 1,708.40 Dakota Beverage merchandise 6,395.10 Dept. Of Environment & Nat Res loan dozer, baler 30,258.76 Dept. Environment Natl Res landfill operations fee 3,677.32 EBSCO books/subscription 4,569.43 First National Bank go bond payment 161,033.75 Gallagher Benefit Services consulting 5,645.09 Geotek Engineering professional services 2,208.00 Global Dist. merchandise 839.00 Gregg Peters managers fee 6,000.00 Independence Waste waste hauling 22.00 John A Conkling Dist. merchandise 2,710.70 Johnson Brothers Of SD merchandise 20,283.02 Jones Food Center supplies 631.26 Loren Fischer Disposal haul cardboard 710.00 8 Midcontinent Communication internet/cable service 758.02 Midwest Alarm Co alarm monitoring 66.00 Okoboji Wines-SD merchandise 450.00 Republic National Dist merchandise 7,702.57 SD Secretary Of State notary bond filing fee 60.00 Southern Glazer's Of SD merchandise 1,961.73 Standard Ready Mix Concrete pea rock/quartzite 282.48 Staples Advantage supplies 1,784.52 Stern Oil Co. fuel 13,683.76 Sturdevants Auto Parts parts 120.55 The Lifeguard Store, Inc supplies 654.00 Tractor Supply Credit Plan parts 19.98 United Parcel Service shipping 13.42 Us Postmaster postage for utility bills 950.00 Valiant Vineyards merchandise 60.00 Vermillion Ace Hardware supplies 124.86 Vermillion Chamber Of Commerce business luncheon 15.00 With The Wind Vineyard & Winery merchandise 485.00 Mike Paulson Bright Energy Rebate 40.00 Craig Thompson Bright Energy Rebate 170.00 Darwin Vandenoever Bright Energy Rebate 9.99 Concordia Lutheran Church Bright Energy Rebate 259.60 Peggy Schaack Bright Energy Rebate 12.00 Alderman Meins seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 360-17 Alderman Ward moved to adjourn the Council Meeting at 7:23 p.m. Alderman Price seconded the motion. Motion carried 7 to 0. President Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of November, 2017. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, President ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer 9 Published once at the approximate cost of ___________. 10

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