City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session February 5, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, February 5, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Holland, Humphrey, Price, Sorensen (arrived at 12:08 p.m.), Mayor Powell Absent: Collier-Wise, Erickson, Meins, Ward Mayor Powell noted that there was not a quorum present but asked the presentations to proceed without any action until there was a quorum. 2. Informational Item – Liquor Store cash register system update – Gregg Peters Gregg Peters, Liquor Store Manager, reported that the cash register inventory control software has been in use since he started 14 years ago. Gregg stated that the current vendor does not provide software upgrades and limits the credit card vendors to only one company. Gregg stated that the system is slow and in need of replacement. Gregg stated that he has reviewed a number of systems and would recommend converting to Cambase USA at a hardware and software cost of under $9,000. Gregg noted that, as to credit card vendors, he was able to request proposals and the low quote will save about $1,100 in credit card fees per month over the current provider. Alderman Sorensen arrived at 12:08 p.m. Mayor Powell declared a quorum. Gregg reviewed the benefits of the new system noting that the annual maintenance is about the same cost. Gregg answered questions of the City Council on the new system. The consensus of the City Council was to move forward with the new system. 3. Educational Item – Presentation of Proposed Small Cell Ordinances – Jake Losinski Jake Losinski, Assistant to the City Manager, stated that he wanted to update the City Council on the process of addressing small cell in the city ordinance. Jake provided a sample ordinance that would establish definitions for small cell and provide that small cell would be a 1 conditional use in each zoning district. Jake stated that the second ordinance would require an application be provided to City staff with the necessary information to recommend to the Planning Commission for the Conditional Use public hearing process. Jake noted that following the approval from the Planning Commission the City would require a standard use agreement if any structures were located on City owned property or right of way. Jake noted that the standard use agreement would require City Council approval and reviewed some of the proposed items to address in the agreement. Jake reported that, in communication with SECOG, it was suggested that the City establish a right of way ordinance as the majority of the small cell facilities are placed in the right of way. Jake stated that he would be reviewing the right of way ordinance as well as drafting sample applications and sample standard agreements for a future update. Discussion followed on the small cell information noting that the agreements may need to be longer in term and address multiple structures and locations within the city on one application. 4. Informational Item – Update of Street Closure Request Policy – Jake Losinski Jake Losinski, Assistant to the City Manager, reported that included in the packet was an updated street closing request. Jake reviewed the updated form and instructions. Discussion followed on the form noting the need to include a fee to cover any overtime costs if City employees are required afterhours to set up or take down barricades and to include on the application if a noise permit or special daily license would be required. 5. Briefing on the February 5, 2018 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 6. Adjourn 27-18 Alderman Sorensen moved to adjourn the Council special session at 12:33 p.m. Alderman Humphrey seconded the motion. Motion carried 5 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 5th day of February, 2018. 2  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 February 5, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on February 5, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen (arrived at 7:03 p.m.), Mayor Powell Absent: Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of January 15, 2018 Regular Meeting; January 15, 2018 Special Meeting Session 28-18 Alderman Collier-Wise moved approval of the January 15, 2018 Regular Meeting and January 15, 2018 Special Meeting minutes. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 29-18 Alderman Collier-Wise moved approval of the agenda with the addition of Item 5. A LOVermillion Proclamation. Alderman Price seconded the 3 motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. LOVermillion Proclamation Alderman Collier-Wise read the proclamation recognizing February 8, 2018 as “LOVermillion Day”. Mayor Powell presented the proclamation to Nate Welch, Executive Director of the VCDC. Nate thanked the Mayor and City Council for the proclamation. Alderman Sorensen arrived at 7:03 p.m. 6. Public Hearings A. First Reading of Ordinance 1367 to amend Chapter 155, Section 155.008 to update the definition of the term Parking Space and Section 155.072(B) to clarify the approved options to conform to Off-Street Parking requirements. Addison McCauley, Administrative Intern, reported that Title XV: Land Usage, Chapter 155 Zoning Regulations, §155.008 Definitions, currently contains an out of date and less comprehensive definition of the term “Parking Space” than what would be preferred by the City Engineer and the City Building Official. Addison noted that the current code regulations in §155.072(B) Off-Street Parking (Required parking spaces), regarding residential off-street parking requirements, do not recognize garage stalls which are not accessible from the unit through a walk-through door without going outside. Addison noted that this regulation has been found to be problematic by local property owners who wish to conform to code, but do not have the extra space to create another parking space on their lot. Addison stated that the City Engineer and Building Official have also expressed that residents are often unsure as to how to otherwise conform to the off-street parking requirements and would like their options to be clearly stated in our code. Addison reported that the parking space definition has been updated, the ordinance lists options for a property owner to follow when building off street parking and provides for garages stall to count if it is at least 10 feet wide by 20 foot long and is located within 10 feet of the unit. Addison reported that the Planning Commission reviewed proposed Ordinance 1367 at their January 8, 2018 meeting. They unanimously recommended approval of the ordinance as presented. Discussion followed. 4 30-18 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 1367 entitled An Ordinance Amending Title XV: Land Usage, Chapter 155 Zoning Regulations, §155.008 Definitions, to update the definition of the term “Parking Space” to include the minimum dimensions required to meet the City’s standards and to provide continuity for parking requirements, and §155.072(B) Off-Street Parking (Required Parking Spaces), to clarify the approved building options to conform to residential off-street parking requirements and to allow for the garage stall to count toward the off- street parking requirements for residential use in certain circumstances 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 5th day of February, 2018 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 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7. Old Business A. Second Reading of Ordinance 1368 to rezone Lot 3 and the East 4’ of Lot 5, Except the South 320’, in Block 1, Johnson’s Addition to the City of Vermillion, Clay County, South Dakota from GB – General Business District to the Dakota Commons Planned Development District. (property on the west side of N. Dakota Street south of Alumni Street) Jake Losinski, Assistant to the City Manager, reported that the property owner obtained the required number of signatures to allow the Planning Commission to consider the zone change. Jake reported that the Planning Commission at their January 8, 2018 considered Proposed Ordinance 1368 and recommended approval of the ordinance to the City Council. Jake reported that the City Council is asked to consider the second reading of Ordinance 1368 to create the Dakota Commons Planned Development District. Jake stated that this PDD would allow for mixed- use development targeted primarily towards students in a previously undeveloped lot located across Dakota Street from the University. Jake noted that the PDD would also allow for further commercial buildings to be developed in the future. Jake stated that it is important to note that the initial development plan under consideration provides a broad 5 overview of the area and gives a general idea of what uses will be allowed. Jake stated that the conceptual plans provided are for illustrative uses only and may not actually represent what is eventually constructed. Jake stated that, prior to construction, a final development plan must be submitted to the Planning Commission for approval and then a public hearing is held for the consideration of the plan. Discussion followed. 31-18 Second reading of title to Ordinance No 1368, entitled AN ORDINANCE Adoption of Official Zoning Map and adding Section 155.061 entitled Dakota Commons Planned Development District rezoning Lot 3 and the East 4’ of Lot 5, Except the South 320’, in Block 1, Johnson’s Addition to the City of Vermillion, Clay County, South Dakota from GB – General Business District to the Dakota Commons Planned Development District for the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Collier-Wise moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No 1368 entitled Adoption of Official Zoning Map and adding Section 155.061 entitled Dakota Commons Planned Development District rezoning Lot 3 and the East 4’ of Lot 5, Except the South 320’, in Block 1, Johnson’s Addition to the City of Vermillion, Clay County, South Dakota from GB – General Business District to the Dakota Commons Planned Development District 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 15th day of January, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 5th day of February, 2018 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 1368 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 AND ADDING SECTION 155.061 ENTITLED DAKOTA COMMONS PLANNED DEVELOPMENT DISTRICT, REZONING LOT 3 AND THE EAST 4’ OF LOT 5, EXCEPT THE SOUTH 320’, IN BLOCK 1, JOHNSON’S ADDITION TO THE CITY OF VERMILLION , CLAY COUNTY, SOUTH DAKOTA, FROM 6 THE GB – GENERAL BUSINESS DISTRICT TO THE DAKOTA COMMONS PLANNED DEVELOPMENT DISTRICT, AND ADOPTING REGULATION THEREFORE. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Section 155.026, Adoption of Official Zoning Map, is hereby amended as follows: THAT LOT 3 AND THE EAST 4’ OF LOT 5, EXCEPT THE SOUTH 320’, IN BLOCK 1, JOHNSON’S ADDITION TO THE CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA, ARE HEREBY INCLUDED IN THE DAKOTA COMMONS PLANNED DEVELOPMENT DISTRICT AND THE OFFICIAL ZONING MAP IS AMENDED TO INCLUDE SUCH LAND IN THE DAKOTA COMMONS PLANNED DEVELOPMENT DISTRICT. § 155.061 DAKOTA COMMONS PLANNED DEVELOPMENT DISTRICT. The purpose of this District is to provide for mixed use (commercial and high density residential) development in single use and/or mixed use structures. District commercial establishments and high density multi-family residential apartments are intended to be integrated to provide convenient apartment living, along with shopping and dining, located adjacent to the major streets that serve the area, while also serving the general shopping and dining needs of the trade area. Site and architectural design shall be compatible with and sensitive to adjacent residential development, striving to preserve and protect residential property values. All city ordinances apply to the Dakota Commons Planned Development District except for those modified below. (1) Permitted uses A building or lot shall be permitted to be used for the following purposes (multiple uses may be allowed in one building or lot): Permitted Uses Applicable Standards Retail trade or service §§ 155.070, 155.072, 155.073, 155.077 Office §§ 155.070, 155.072, 155.073, 155.077 Personal service §§ 155.070, 155.072, 155.073, 155.077 Restaurants §§ 155.070, 155.072, 155.073, 155.077 Drug store §§ 155.070, 155.072, 155.073, 155.077 Arcade §§ 155.070, 155.072, 155.073, 155.077 Adequate and safe playground area with fence 4 feet high. Day care center A safe pickup and drop off area must be provided for the children. 7  §§ 155.070, 155.072, 155.073, 155.077 Commercial recreation facility §§ 155.070, 155.072, 155.073, 155.077 Engineering, management, public §§ 155.070, 155.072, 155.073, 155.077 administration and related offices Multiple family dwellings §§ 155.070, 155.072, 155.073, 155.077 (apartments and condominiums) Auditoriums, Theaters, and Places §§ 155.070, 155.072, 155.073, 155.077 of Public Assembly Accessory structures §§ 155.070 Off-premise parking lot §§ 155.070, 155.077 (2) Lot and Yard Regulations All measurements shall be taken from the lot line to the building line (see definitions). Maximum Lot Area Lot Width Front Yard Side YardRear Yard Height Residential structures 30,000 square or portions of 50 feet 25 feet 10 feet 10 feet 60 feet feet structures used for Residential Non-residential structures or portions 7,000 square of structures used 50 feet 15 feet 5 feet 10 feet 60 feet feet for non-residential Accessory building NA NA Not permitted 5 feet 5 feet 12 feet Parking Lots § 155.072 NA 10 feet 0 feet 0 feet NA Exceptions: #1 The side yard will be required to be increased to 15 feet when the building is 3 stories in height or more. No side yard or rear yard is required where a lot is adjacent to or abuts upon a commercial, industrial, or mixed use district. One required front yard may be reduced to 20 feet on corner lots. One required Parking Lot front yard may be reduced to 8 feet on corner or double frontage lots. Two required front yards may be reduced to 20’ on lots with more than 2 frontages. #4 More than one main building per lot may be constructed. 8 (3) Property re-division: All future property re-division shall require a re-platting of the affected parcels. The Planned Development District may be required to be amended depending on property re-division. (4) Ingress/Egress Easements: Future transfer of ownership which creates a landlocked parcel shall require a dedicated ingress/egress easement for the issuance of a building permit. (5) Parking regulations: Parking shall comply with §155.072, except as noted below. a. Shared parking is encouraged. The total parking required may be provided anywhere within the District, regardless of property lines. b. The number of required automobile parking spaces may be reduced up to 7% according to the following procedure: i. Two bicycle parking spaces may be provided in lieu of each required automobile parking space; and ii. Each bicycle parking space shall include a metal anchor which will secure the frame and both wheels in conjunction with a user-supplied lock. iii. Bicycle parking spaces shall be as close to the main building entrance as the most convenient non-handicapped auto space, without interfering with pedestrian movement. iv. Bicycle spaces shall be located and designed to prevent damage to bicycles from motor vehicles. c. Required parking shall be dedicated to the occupants and located as close to the building served as possible. d. A fence, wall, berm, or shrubbery four feet in height and of a character necessary for adequate screening of a parking lot from adjacent residentially used property shall be provided. (6) Visibility at intersections and driveways: Safety zones shall comply with §155.070. (7) Accessory use and structures: Shall comply with §155.071. (8) Off-street loading requirements: Shall comply with §155.073. (9) Fences: Fences shall comply with §155.074 (A), (B) and (C), except for fences used to enclose recreational areas that may comply with §155.074 (G). (10) Site-built dwelling standards: Shall comply with §155.076. 9  (11) Landscaping standards: Shall comply with §155.077. Lighting for parking lots shall be constructed so as to prevent light pollution to surrounding properties. (12) Non-conforming uses and structures: Shall comply with §155.083. (13) Sign regulations: Signs shall be regulated by Chapter 152. Regulations shall be those used in the NC and R-3 Districts. Dated at Vermillion, South Dakota this 5th day of February, 2018. 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 Price. 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. B. Second Reading of Ordinance 1366 to Amend Section 155.030, NRC Natural Resources Conservation District, and Section 155.075, Telecommunications Tower, Antenna, Support Structures and Wireless Communications Facilities to add Telecommunications Tower as a Conditional Use in the NRC District and create an exception that would allow the Planning Commission to approve a camouflaged or stealth Telecommunications Tower within 300 feet but not less than twice the distance of the fall radius of the Telecommunications Tower of any residentially zoned or used property. Jake Losinski, Assistant to the City Manager, stated that this is second reading to add telecommunications towers as a conditional use in Natural Resource Conservation zoning district and to create an exception that would allow the Planning Commission, through a conditional use, to allow a camouflaged or stealth telecommunications tower within 300 feet but not less than twice the distance of the fall radius of the telecommunications tower of any residentially zoned or used property. Jake stated that the conditional use requires a public 10 hearing of the Planning Commission to provide for public input. Discussion followed. 32-18 Second reading of title to Ordinance No 1366, entitled AN ORDINANCE AMENDING An Ordinance Amending City of Vermillion Code of Ordinances Title XV Land Usage, Chapter 155 Zoning Regulations, which would create an exception that would allow the Planning Commission to approve a camouflaged or stealth telecommunication tower within 300 Feet but not less than twice the distance of the fall radius of the telecommunications tower of any Residentially Zoned or used property and also to add the Conditional Use and Applicable Standards of a telecommunications tower for NRC Natural Resource Conservation Districts for the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Collier-Wise moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No 1366 entitled An Ordinance Amending City of Vermillion Code of Ordinances Title XV Land Usage, Chapter 155 Zoning Regulations, which would create an exception that would allow the Planning Commission to approve a camouflaged or stealth telecommunication tower within 300 Feet but not less than twice the distance of the fall radius of the telecommunications tower of any Residentially Zoned or used property and also to add the Conditional Use and Applicable Standards of a telecommunications tower for NRC Natural Resource Conservation Districts 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 15th day of January, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 5th day of February, 2018 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 1366 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV LAND USAGE, CHAPTER 155 ZONING REGULATIONS, WHICH WOULD CREATE AN EXCEPTION THAT WOULD ALLOW THE PLANNING COMMISSION TO APPROVE A CAMOUFLAGED OR STEALTH TELECOMMUNICATION TOWER WITHIN 300 FEET BUT NOT LESS THAN TWICE THE DISTANCE OF THE FALL RADIUS OF THE TELECOMMUNICATIONS TOWER OF ANY RESIDENTIALLY ZONED OR USED PROPERTY 11 AND ALSO TO ADD THE CONDITIONAL USE AND APPLICABLE STANDARDS OF A TELECOMMUNICATIONS TOWER FOR NRC NATURAL RESOURCE CONSERVATION DISTRICTS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Chapter 155 be amended as set forth below: § 155.075 TELECOMMUNICATIONS TOWER, ANTENNA SUPPORT STRUCTURES AND WIRELESS COMMUNICATIONS FACILITIES. (A) A minimum distance of 300 feet from the telecommunications tower to any residentially zoned or used property measured from the base of the telecommunications tower to the property line. Exception: The Planning Commission may grant an exception to the 300 feet distance from the telecommunications tower, but not less than a distance of twice the fall radius of the telecommunications tower, to any residentially zoned or used property for stealth or camouflaged towers only if a public hearing is conducted by the Planning Commission wherein the design is approved. Notice of public hearing to approve the design shall be sent to all property owners within 300 feet at least ten days prior. Application for Planning Commission to consider an exception must be submitted at least fourteen days prior to the hearing and include pictures and information on the proposed design(s), maximum tower height(s), and other information on the form provided by the City deemed appropriate for consideration of the exception request. § 155.030 NRC NATURAL RESOURCE CONSERVATION DISTRICT. (B) Conditional Uses. Conditional Use Applicable Standards Telecommunications Tower §§ 155.070, 155.075, 155.077, 155.095(A) Dated at Vermillion, South Dakota this 5th day of February, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By____________________________ John E. (Jack) Powell, Mayor ATTEST: By_______________________________ Michael D. Carlson, Finance Officer 12 Adoption of the Ordinance was seconded by Alderman Holland. 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. Resolution giving approval to the issuance and sale of a revenue bond to finance curbside collection trailer and approving the form of the loan agreement and the revenue bond, pledging revenues and collateral to secure the payment. Mike Carlson, Finance Officer reported that the City of Vermillion was awarded a Solid Waste Management Program Grant and loan package through the South Dakota Board of Water and Natural Resources administered through the SD DENR to assist with the purchase of a replacement curbside collection trailer. Mike noted that the estimated cost of the new trailer is $22,500 financed with $10,000 grant, $10,000 loan and $2,500 of Curbside Recycling reserves. Mike reported that the resolution providing approval to the issuance and sale of a revenue bond to finance the curbside collection trailer and approving the form of the loan agreement and the revenue bond, pledging curbside collection revenues to secure the repayment of the loan along with the corresponding loan agreement have been provided by the SD DENR. Mike noted that the resolution and the loan agreement to be executed, following the resolution becoming effective, have been reviewed by City Attorney Jim McCulloch. Mike stated that the loan is for five years at 2% interest. 33-18 After reading the same once, Alderman Sorensen moved adoption of the following: RESOLUTION NO. 33-18 RESOLUTION GIVING APPROVAL TO CERTAIN SOLID WASTE IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE REVENUE BOND. 13  WHEREAS, one of the purposes of SDCL Chapter 9-40 (the "Act") as found and determined by the Legislature is to provide for financing the acquisition, maintenance, operation, extension or improvement of any system or part of any system for the collection, treatment and disposal of sewage and other domestic, commercial and industrial wastes; or any system for the control of floods and drainage; or any combination thereof, together with extensions, additions, and necessary appurtenances; and, WHEREAS, a municipality is authorized to borrow money and issue its revenue bonds under South Dakota Codified Laws, Chapters 9-40 (the Act) and 6-8B in order to defray the cost of funding improvements, extensions and additions to its solid waste system and is authorized to issue its obligations in order to defray the cost thereof, and to make all pledges, covenants and agreements authorized by law for the protection of the holders of the obligations; and, WHEREAS, the City of Vermillion (the “City”) has determined that the replacement of its recycling program’s curbside collection trailer is necessary for the conduct of its governmental programs and qualifies as an improvement, extension or addition to its solid waste system; and, WHEREAS, the City has determined to issue its revenue bonds to finance the replacement of the recycling program’s curbside collection trailer to facilitate the collecting and disposing of solid waste from domestic, municipal, and industrial purposes (the “System”) and has applied for a Loan to finance the improvements; NOW THEREFORE BE IT RESOLVED by the City as follows: 1. Declaration of Necessity and Determination of Facilities Financed. The City desires and hereby determines it is necessary to construct improvements to its solid waste facilities within its System, as described in Exhibit A hereto (the “Project”). The City hereby determines that the Project will substantially benefit the entire System and all of its inhabitants within the meaning of SDCL 9-40-15 and SDCL 9-40-17. Therefore, the City hereby determines that for the purposes of the Act, including, in particular, SDCL 9-40-17, the net income or revenues of the entire System, as extended, added to, or improved by the Project shall be deemed to be the net income or revenues available to be pledged to the payment of the bonds issued hereunder. 2. Approval of Loan. The City hereby determines to finance up to $10,000 of the costs of the Project through the issuance of utility revenue bonds (the “Revenue Bond”). 14  3. Approval of Loan Agreement. The execution and delivery of the Solid Waste Management Program Loan Agreement (the “Loan Agreement”) between the City as Borrower and the South Dakota Board of Water and Natural Resources (the “Board”), is hereby in all respects authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content attached hereto, with such changes as the Attorney for the City deems appropriate and approves, for and on behalf of the City. The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the City set forth in or required by the Loan Agreement. The Loan Agreement herein referred to and made a part of this Resolution is on file in the office of the Finance Officer and is available for inspection by any interested party. 4. Approval of Revenue Bonds. The issuance of the Revenue Bond in aggregate principal amount not to exceed $10,000 as determined according to the Loan Agreement in the form and content set forth in Appendix B attached to the form of Loan Agreement shall be and the same is, in all respects, hereby authorized, approved, and confirmed and the Mayor, Finance Officer, and other appropriate officials shall be and are hereby authorized and directed to execute and seal the Revenue Bond and deliver the Revenue Bond to the Board, for and on behalf of the City, upon receipt of the purchase price, and to use the proceeds thereof in the manner set forth in the Loan Agreement. The Mayor and Finance Officer are hereby authorized to approve the final terms of the Revenue Bond and their execution and delivery thereof shall evidence that approval. The Revenue Bond shall be issued under the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the provisions of the Act are hereby expressly incorporated herein as provided in SDCL 9-40-19. 5. Paying Agent/Registrar. The Revenue Bond shall be payable at the office of the Board of Water and Natural Resources. The Finance Officer is hereby designated as paying agent and registrar. 6. System Fund Accounts. For the purpose of application and proper allocation of the income of the System and to secure the payment of principal of and interest on the Revenue Bond, the following mandatory segregation accounts shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Revenue Bond: (a) Revenue Account. There shall be deposited in the Revenue Account as received the entire gross revenues derived from the operation of the System collected pursuant to the ordinances or regulations of the City Council of City of Vermillion, South Dakota (the “Rate Ordinance”) including future improvements, enlargements, extensions and repairs 15 thereto (the “Gross Revenues”). Moneys from the System Revenue Account shall be transferred periodically into separate accounts as provided below. (b) Operation and Maintenance Account. There shall be established the General Operation and Maintenance Account. Out of the remaining revenues of the System Revenue Account after application described in (c) and (d) below, there shall be set aside each month into the General Operation and Maintenance Account, a sum sufficient to provide for the payment of the next month's current expenses of administration and operation of the remainder of the System and such current expenses for the maintenance thereof as may be necessary to preserve the remainder of such System in good repair and working order. The term current expenses shall be construed to include all reasonable and necessary costs of operating, repairing, maintaining and insuring the System, including without limitation salaries, supplies and rent, but shall exclude General Depreciation Account and System Debt Service Account. (c) System Debt Service Account. Out of the revenues in the System Revenue Account, there shall be set aside no later than the 25th day of each month into the account designated System Debt Service Account, a sum sufficient to provide for the payment as the same become due of the next maturing principal and interest on, the Revenue Bond and any reserve determined by the City Council to be necessary. The amount set aside monthly shall be not less than one-sixth of the total principal, interest, and other amounts payable on the following May 1st or November 1st, and if there shall be any deficiency in the amount previously set aside, then the amount of such deficiency shall be added to the current requirement. (d) Depreciation Account. There shall be established a General Depreciation Account. Out of the revenues of the System Revenue Account there shall be set aside each month into the General Depreciation Account an amount determined by the City Council to be a proper and adequate amount for repair and depreciation of the System. (e) Surplus Account. There shall be established the General Surplus Account. Revenues remaining in the System Revenue Account at the end of any fiscal year after all periodic transfers have been made therefrom as above required, shall be deemed to be surplus and shall be credited to the General Surplus Account. If at any time there shall exist any default in making any periodic transfer to the System Debt Service Account, the City Council shall authorize the City Finance Officer to rectify such default so far as possible by the transfer of money from the General Surplus Account. If any such default shall exist as to more than one account at any time, then such transfer shall be made in the order such accounts are listed above. 16 When not required to restore a current deficiency in the System Debt Service Account, moneys in the General Surplus Account from time to time may be used for any of the following purposes and not otherwise: i. To redeem and prepay the Revenue Bond when and as such Revenue Bond become prepayable according to its terms; ii. To pay for repairs of or for the construction and installation of improvements or additions to the System; and, if the balances in the System Debt Service Account and the Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made there from prior to the end of the then current fiscal year, then: iii. To be held as a reserve for redemption and prepayment of any bonds of the System which are not then but will later be prepayable according to their terms; or iv. To be used for any other authorized municipal purpose designated by the City Council. No moneys shall at any time be transferred from the General Surplus Account or any other account to any other account of the City, nor shall such moneys at any time be loaned to other municipal funds or invested in warrants, special improvements bonds or other obligations payable from other funds, except as allowed by this Section. 7. Pledge of Revenues. The Revenue Bond, together with the interest thereon, shall not constitute a charge against the City's general credit or taxing power, but shall be a limited obligation of the City payable solely out of the System Debt Service Account, which payments, revenues and receipts are hereby and in the Loan Agreement pledged and assigned for the equal and ratable payments of the Revenue Bond and shall be used for no other purpose than to pay the principal of and interest on the Revenue Bond, except as may be otherwise expressly authorized in the Loan Agreement (including the purpose of securing Additional Bonds issued as permitted by the terms thereof). The City covenants and agrees to charge rates for all services from the System or establish special charges or surcharges which will be sufficient to provide for the payments upon the Revenue Bond issued hereunder as and when the same become due, and as may be necessary to provide for the operation and maintenance and repairs of the System, and depreciation, and the Rate Ordinance shall be revised from time to time so as to produce these amounts. The City hereby reserves the right to determine on a periodic basis the appropriate allocation of operation and maintenance expenses, depreciation, repair and reserves associated with the facilities financed with the Revenue Bond, provided that such determination of allocable operation and maintenance expenses 17 shall in no event abrogate, abridge or otherwise contravene the covenant of the City set forth in this Section 7 or any other covenant or agreement in the Loan Agreement. 8. Additional Bonds. As permitted by SDCL 9-40-8 and SDCL 9-40-9, additional Bonds payable from revenues and income of the System may be issued, as permitted in the Loan Agreement and no provision of this Resolution shall have the effect of restricting the issuance of, or impairing the lien of, such additional parity bonds with respect to the net revenues or income from the extensions, additions or improvements. The City shall have the right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond pursuant to the Loan Agreement. 9. General Covenants (a) The City hereby covenants and agrees with the Board and other owners of the Revenue Bond that it will punctually perform all duties with reference to the Project, the System and the Revenue Bond required by the constitution and laws of the State of South Dakota and by this Resolution. (b) The City agrees and covenants that it will promptly purchase the equipment included in the Project. (c) The City covenants and agrees that pursuant to SDCL 9-40-26 through SDCL 9-40-29, the lawful holders of the Revenue Bond shall have a statutory mortgage lien upon the System and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal, interest, and Administrative Surcharge on the Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the Project, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it in the collection and treatment of wastewater for municipal, industrial, and domestic purposes within the City. (d) The City covenants and agrees with the Board and other owners of the Revenue Bond that it will maintain the Project and the System in good condition and operate the same in an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond remain outstanding; that it will maintain insurance on the System for the benefit of the holders of the Revenue Bond in an amount which usually would be carried by private companies in a similar type of business; that it will prepare, keep and file records, statements and accounts as 18 provided for in this Resolution and the Loan Agreement. The Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is subject to all provisions and limitations thereof pursuant to SDCL 9-40-19. (e) The Finance Officer shall cause all moneys pertaining to the Accounts to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of SDCL Ch. 4- 6A, in a deposit account or accounts, which shall be maintained separate and apart from all other accounts of the City, so long as any of the Revenue Bond and the interest thereon shall remain unpaid. Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits. No money shall at any time be withdrawn from such deposit accounts except for the purposes of the Accounts as authorized in this Resolution; except that moneys from time to time on hand in the Accounts may at any time, in the discretion of the City’s governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided, however, that the Depreciation Account may be invested in such securities maturing not later than ten years from the date of the investment. Income received from the deposit or investment of moneys shall be credited to the Account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys therein. (f) In the event of mismanagement of the System, a default in the payment of the principal or interest of the Revenue Bond, or in any other condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues of the Project or System are dissipated, wasted or diverted from their proper application as set forth in the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of a receiver pursuant to SDCL 9-40-33, and agrees that the receiver will have the powers set forth therein, and in SDCL 9-40-34 and SDCL 9-40-35 to operate and administer the System, and charge and collect rates as described therein. 10. Severability. If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document. 11. Authorization of City Officials. The Mayor, Finance Officer, City Attorney and City officials shall be and they are hereby authorized to execute and deliver for and on behalf of the City any and all other certificates, documents or other papers and to perform such 19 other acts as they may deem necessary or appropriate in order to implement and carry out the actions authorized herein. 12. Definitions. All terms used in this Resolution which are not defined herein shall have the meanings assigned to them in the Loan Agreement unless the context clearly otherwise requires. 13. Effective Date. This Resolution shall take effect on the 20th day following its publication, unless suspended by a referendum. Adopted at City of Vermillion, South Dakota, this 5th day of February, 2018. APPROVED: THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By _____________________________ John E. (Jack) Powell, Mayor Attest: ______________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Humphrey. 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. Final Plat of Tract A, Heine Addition, in Lot A1 to Section 16, in Gov’t Lot 1 of Section 22 and in Lot A to Section 22, All in T92N, R52W, of the 5th P.M., Clay County, South Dakota. Jose Dominguez, City Engineer, reported on the location of the property contained in the plat which is to consolidate land by the owner into a large tract. Jose stated the plat would create one parcel that will contain 148.58 acres. Jose reported the plat falls within two different platting jurisdictions. Jose noted the portion on Section 16 falls within the City’s platting jurisdiction, but outside of the Joint Jurisdictional Zoning Area and the other portion within Section 22 falls within the Joint Jurisdictional Zoning Area. Jose noted that, due to this, the plat first had to be approved by the City’s Planning Commission, then the County’s Planning Commission. Jose reported the City’s Planning Commission reviewed the plat at the January 29th meeting and unanimously recommended approval of the plat. Jose reported the County Planning Commission recommended approval of the plat at their January 29th meeting. Jose stated that then the plat can move to the governing bodies. Jose reported the plat was approved by the County 20 Commission at their January 30th meeting. Jose recommended approval of the plat. 34-18 After reading the same once, Alderman Collier-Wise moved approval of the following plat: WHEREAS IT APPEARS that the owners thereof have caused a plat to be made of the following described real property: Final Plat of Tract A, Heine Addition, in Lot A1 to Section 16, in Gov’t Lot 1 of Section 22 and in Lot A to Section 22, All in T92N, R52W, of the 5th P.M., Clay County, South Dakota for approval. BE IT RESOLVED that the attached and foregoing plat has been submitted to and a report and recommendations thereon made by the Vermillion Planning Commission to the City Council of Vermillion which has approved the same. BE IT ALSO RESOLVED that access shall be granted to the lot in accordance with the City of Vermillion street access and driveway approach policy, which requires an application permit. BE IT FURTHER RESOLVED that the attached and foregoing plat has been submitted to the Governing Body of the City of Vermillion which has examined the same, and it appears that the systems of streets and alleys set forth therein conforms to the system of streets and alleys of the existing plat of such city, and that all taxes and special assessments, if any, upon the tract or subdivision have been fully paid and that such plat and survey thereof have been executed according to law, and the same is hereby accordingly approved. The motion was seconded by Alderman 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. C. Declaring One Pickup Truck, One Sedan, Two Reel Mowers, One Skid Steer Loader, and One Police Vehicle Surplus Jose Dominguez, City Engineer, reported that the 2018 equipment replacement schedule has several vehicles to be replaced. Jose stated that he is recommending the following vehicles be declared surplus and authorized the appraisal by the Surplus Property Appraisal Committee: 2015 Chevrolet Tahoe, 2006 Chevrolet Silverado 1500, 2002 Bobcat SSL 463, 2002 Ford Taurus, 2006 Toro GR3150-Q mower and 2010 Toro GR3150-Q mower. Jose reported that the bobcat and two mowers will be considered 21 for trade-in later on the agenda while the remaining items will sold through sealed bids or on the next city auction. Discussion followed. 35-18 Alderman Collier-Wise moved to declare the following vehicles as surplus and authorize the appraisal by the Surplus Property Appraisal Committee: 2015 Chevrolet Tahoe, 2006 Chevrolet Silverado 1500, 2002 Bobcat SSL 463, 2002 Ford Taurus, 2006 Toro GR3150-Q mower and 2010 Toro GR3150-Q mower. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. D. Resolution Authorizing the Purchase of a ½-ton Pickup Truck. Jose Dominguez, City Engineer, reported that as part of the 2018 equipment replacement schedule the Light and Power Department 2006 Chevrolet Silverado 1500 pickup is scheduled to be replaced. Jose reported that Administration would like to take advantage of an attractive National Joint Powers Alliance (NJPA) bid that was awarded to National Auto Fleet Group (NAFG). Jose reported that staff compared NJPA pricing for similar Ford and Chevrolet ½-ton rear-wheel drive pick-up trucks. Jose reported that the NJPA’s quote for a Ford was $25,110; while the quote for the Chevrolet was $23,958.27. Jose stated that, after acquiring these quotes from NJPA, City staff approached the local dealers, Vermillion Ford and Jerry’s Chevrolet, to see if they would, at the very least, match the NJPA quote. Jose reported that Vermillion Ford’s quote was for $24,462 and the quote from Jerry’s Chevrolet was for $22,437. Jose recommended approval of the resolution for the low quote of Jerry’s Chevrolet for the purchase of a 2018 Chevrolet Silverado 1500 pickup truck for the price of $22,437. Discussion followed. 36-18 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A 1/2-TON PICKUP TRUCK WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the lowest bid awarded by the National Joint Powers Alliance (NJPA) for a 22 1/2-ton pickup truck is in the total amount of $23,958.27 which offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Jerry’s Chevrolet of Vermillion and they have agreed to sell the same vehicle offered through the NJPA at the lower price of $22,437. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a new 2018 Chevrolet Silverado 1500 from Jerry’s Chevrolet of Vermillion, South Dakota at the above stated price of $22,437. Dated at Vermillion, South Dakota this 5th day of February, 2018. 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 Collier-Wise. 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. E. Resolution Authorizing the Purchase of a Sedan Jose Dominguez, City Engineer, reported that, as part of the 2018 equipment replacement schedule, the City Manager's 2015 Ford Fusion sedan is scheduled to be replaced. Jose reported that Administration would like to take advantage of an attractive National Joint Powers Alliance (NJPA) bid that was awarded to National Auto Fleet Group (NAFG). Jose reported that staff compared NJPA pricing for the Ford and Chevrolet mid-sixed sedans. Jose reported that the NJPA’s quote for a Ford Fusion SE was $24,270, while the quote for a Chevrolet Malibu LS was $19,565.07. Jose stated that after acquiring these quotes from NJPA, City staff approached the local dealers, Vermillion Ford and Jerry’s Chevrolet, to see if they would, at the very least, match the NJPA quote. Jose reported that Vermillion Ford’s quote was for $19,545 and the quote from Jerry’s Chevrolet was for $17,925. Jose reported that the state contract price for the Chevrolet with the delivery charge from Pierre was $17,649. Jose recommended the approval of the 23 resolution for the low quote of Jerry’s Chevrolet for the purchase of a 2018 Malibu LS for the price of $17,925. 37-18 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A MID-SIZE SEDAN WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by the National Joint Powers Alliance (NJPA) for a mid-size sedan for the total amount of $19,565.07 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Jerry’s Chevrolet of Vermillion and they have agreed to sell the same vehicle offered through the NJPA at the lower price of $17,925. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a new 2018 Chevrolet Malibu LS from Jerry’s Chevrolet of Vermillion, South Dakota at the above stated price of $17,925. Dated at Vermillion, South Dakota this 5th day of February, 2018. 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 Meins. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 24 F. Resolution Authorizing the Purchase of a Police Vehicle Jose Dominguez, City Engineer, reported that as part of the 2018 equipment replacement schedule the Police Department's 2015 Chevrolet Tahoe is scheduled to be replaced. Jose reported that Administration would like to take advantage of an attractive National Joint Powers Alliance (NJPA) bid that was awarded to National Auto Fleet Group (NAFG). Jose reported that the NJPA pricing for a Chevrolet Tahoe was $39,521.43 while the state contract price for a similar vehicle was $36,104. Jose stated that after acquiring these quotes from NJPA, City staff approached the local dealer Jerry’s Chevrolet to see if they would, at the very least, match the state contract price. Jose reported that the quote from Jerry’s Chevrolet was for $36,079. Jose recommended approval of the resolution to purchase the 2018 Chevrolet Tahoe from Jerry’s Chevrolet for $36,079. 38-18 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A POLICE VEHICLE WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by the State of South Dakota for a 2018 Chevrolet Tahoe Pursuit Rated Vehicle for the total amount of $36,104 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Jerry’s Chevrolet of Vermillion and they have agreed to sell the same vehicle offered through the State of South Dakota contract at the lower price of $36,079. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2018 Chevrolet Tahoe Pursuit Rated Vehicle from Jerry’s Chevrolet of Vermillion, South Dakota at the above stated price of $36,079. Dated at Vermillion, South Dakota this 5th day of February, 2018. 25  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 Meins. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. G. Resolution Authorizing the Purchase of a Utility Vehicle Jose Dominguez, City Engineer, reported that, as part of the 2018 equipment replacement schedule, the Wastewater Department 2002 skid steer loader is scheduled to be replaced. Jose reported that after discussion with the Wastewater Department it was agreed that a skid steer loader did not meet the job requirements any longer. Jose reported that it was determined that it would be more efficient to have a piece of equipment that could be used on different jobs (e.g. using the equipment to move snow, to move equipment/parts around the treatment plant, to move small amounts of backfill material, etc…). Jose noted that, due to the proposed uses, he is proposing the purchase of a utility vehicle. Jose stated that this new utility vehicle would be able to move snow, carry equipment and people to job sites and move material at the job site. Jose reported that quotes were requested from two vendors for prices on a utility vehicle with a snow blower, snow blade, material bucket and an angle broom attachments. Jose reported that the first was from Polaris Sales, Inc for a Polaris Brutus HDPTO Deluxe for $31,542.68 and second was from Sooland Bobcat for a Bobcat 3650 (4x4)D for $31,288.00. Jose reported that Sooland Bobcat has agreed to give the City $4,388 as trade in on the 2002 Bobcat 463SSL for a net price of 26,900. Jose recommended approval of the resolution to purchase the 2018 Bobcat 3650 (4x4)D utility vehicle with attachments and trade in the 2002 Bobcat 463SSL for a net purchase price of $26,900. Discussion followed. 39-18 After reading the same once, Alderman Collier-Wise moved adoption of the following: 26  RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY VEHICLE WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City has contacted Sooland Bobcat, of Sioux City, Iowa, and they have agreed to sell a utility vehicle with a snow blower, snow blade, material bucket and an angle broom attachments, in the amount of $31,288; and WHEREAS, the City will also be trading-in the 2002 Bobcat 463 SSL for a value of $4,388 which reduces the net amount to be paid to Sooland Bobcat to $26,900; and NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a new 2018 Bobcat 3650 (4x4)D with attachments from Sooland Bobcat of Sioux City, Iowa and trade-in a 2002 Bobcat 463 SSL for a net price of $26,900. Dated at Vermillion, South Dakota this 5th day of February, 2018. 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 Meins. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. H. Resolution Authorizing the Purchase of two Reel Mowers Jose Dominguez, City Engineer, reported that part of the 2018 equipment replacement schedule includes the replacement of the 2006 and 2010 Toro GR3150-Q mowers at the golf course. Jose reported that Administration would like to take advantage of an attractive National Joint Powers Alliance (NJPA) bid. Jose reported that the NJPA pricing for two 2018 27 Toro GR3300 TriFlex mowers, with accessories to meet our specifications, is $39,827. Jose reported that the Toro Company participating distributor for South Dakota is Midwest Turf & Irrigation of Omaha, Nebraska and they have agreed to honor the price. Jose reported that Midwest Turf & Irrigation of Omaha, Nebraska has agreed to give the City $4,000 as trade in on the 2006 and 2010 Toro GR3150-Q mowers for a net price of $35,827. Jose recommended approval of the resolution to purchase the two 2018 Toro GR3300 TriFlex mowers and trade in the 2006 and 2010 Toro GR3150-Q mowers for a net purchase price of $35,827. 40-18 After reading the same once, Alderman Meins moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF TWO GOLF COURSE MOWERS WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by the National Joint Powers Alliance (NJPA) for two golf course mowers from Toro Company’s participating distributor, Midwest Turf & Irrigation, for the total amount of $39,827 offers an advantageous price to the City for said item; and WHEREAS, the City will also be trading-in the 2006 and 2010 Toro GR3150-Q mowers declared surplus for a total value of $4,000 which reduces the amount to be paid to Midwest Turf & Irrigation to $35,827; and WHEREAS, the City has contacted Midwest Turf & Irrigation and they have agreed to allow the City to purchase two mowers for the contract price and terms as awarded by the NJPA. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase two new 2018 Toro GR333 TriFlex mowers from Midwest Turf & Irrigation of Omaha, Nebraska and trade-in the 2006 and 2010 Toro GR3150-Q mowers for a net price of $35,827. Dated at Vermillion, South Dakota this 5th day of February, 2018. 28  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 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. I. Renewal of Janitorial Services for City of Vermillion Facilities Jose Dominguez, City Engineer, reported that since February 2017 the City has contracted with Service Master of Southeast South Dakota from Yankton to perform janitorial services on several City facilities. Jose reported that the contract provided for two one-year renewals. Jose stated that the original contract with Service Masters required that they clean the Service Center, the Community Center/Armory, Recycling Center, Wastewater Treatment Plant, the Edith B. Siegrist Vermillion Public Library, Vermillion Fire and EMS Station 1, and the Bluff’s Golf Course Club House. Jose reported that after discussions with the respective department heads it was agreed to include a few changes to the new contract with the largest change being the removal of the Bluff’s Golf Course Club House from the list of buildings to be cleaned. Jose reported that the new price quoted from Service Masters is for $52,503. Jose noted that this is $7,725 less than the previous contract, which seems reasonable when considering that additional work was added and a building was removed from the list of buildings to be cleaned. Jose recommended renewing the contract with Service Master of Southeast South Dakota in the amount of $52,503 and to authorize the City Manager to sign the contract. Discussion followed on the building as well as services added and removed from the contract. 41-18 Alderman Collier-Wise moved approval of renewing the janitorial services contract with Service Master of Southeast South Dakota for one year at $52,503 and allow the City Manager to sign the contract. Alderman Meins seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Fuel quotes 29 Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on all three items. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $2.0945, Brunick’s Service $2.33; Item 2 – 3,000 gal blended No. 1 & No. 2 Diesel fuel dyed: Stern Oil $2.4506, Brunick’s Service $2.47; Item 3 - 1,000 gal blended No. 1 & No. 2 diesel fuel-clear: Stern Oil $2.7261, Brunick’s Service $2.80. 42-18 Alderman Holland moved approval of the low quote of Stern Oil on all three items. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John wanted to thank Jose and the local dealers for all the work they put into the pricing of the equipment purchases on the agenda tonight whereby the local dealers had prices lower than the National Joint Powers Alliance. B. John reported that the next City Council meeting will be on Tuesday, February 20th due to the Presidents Day holiday on Monday, February 19th. C. John informed citizens of the public meetings coming up on the Master Bike Plan. John noted that there will be four neighborhood meetings: February 7th - Bike Master Plan meeting for NE sector; First Dakota National Bank conference room at 5:30 p.m. February 8th - Bike Master Plan meeting for SE sector; High School Commons at 5:30 p.m. February 13th - Bike Master Plan meeting for West sector; Middle School Commons at 5:30 p.m. February 13th - Bike Master Plan meeting for USD; MUC Hoy Room at 7:30 p.m. D. John reported on the receipt of the following Raffle notification: Trinity Lutheran High School youth group is selling raffle tickets for $5 each or 5 for $20. The prize is a handmade quilt. Tickets will be sold from February 6 to March 4, 2018. The drawing will be held March 30 4, 2018. Proceeds from the raffle will be used for the youth group to attend the National Youth Gathering in Houston, Texas in June 2018. PAYROLL ADDITIONS AND CHANGES Recreation: Ryan Baedke $24.21/hr, Rachel Hegerfeld $9.00/hr, Tyler Trageser $17.14/hr; Parks: Blake Smith $9.00/hr, Travis Taggart $17.14/hr, Tyler Williamson $17.92/hr; Library: Lexis Jensen $9.00/hr; Ambulance: Evan Rolling $10.00/hr-$15.00/hol hr-$2.00/on call hr- $3.00/hol on call hr 11. Invoices Payable 43-18 Alderman Collier-Wise moved approval of the following invoices: Adidas America Inc merchandise 164.87 American Stamp & Marking seal impression inker 32.00 Appeara shop towels 45.00 Aramark Uniform Services uniform cleaning 277.31 Argus Leader Media #1085 subscription 25.00 Avera Occupational Medicine testing 60.00 Batteries Plus batteries 127.90 Best Western Plus Ramkota lodging 823.92 Bhs Marketing, LLC soda ash 13,633.40 Bomgaars tools 699.72 Book Systems, Inc subscriptions 4,115.83 Bookpage subscription 324.00 Border States Elec Supply supplies 439.50 Bound Tree Medical, LLC supplies 2,138.59 Brandon Steeneck meals reimbursement 52.00 Butch's Propane Inc propane 2,017.20 Butler Machinery Co. parts 327.01 Campbell Supply supplies 1,092.38 Cask & Cork merchandise 463.26 Century Business Products copier contract/copies 267.67 Centurylink telephone 681.65 Certified Laboratories supplies 321.58 Chad Christopherson meals reimbursement 52.00 City Of Vermillion copies/postage 2,071.91 City Of Vermillion utility bills 39,656.98 Clay County Ems Association CPR class 15.00 Clay-Union Electric Corp parts 10.68 Colonial Life Acc Ins. insurance 1,440.49 31 Combase USA, Inc inventory system/maintenance 10,131.00 Cornhusker International Trucks parts 543.50 Coyote Chemical Company supplies 74.00 Cummins Central Power, LLC repairs 779.96 Curt Haakinson meals reimbursement 95.00 Custom Truck Equipment Inc supplies 48.00 D-P Tools tools 600.00 Dakota Beverage merchandise 5,136.70 Dakota Pc Warehouse computers/tablet/repairs 4,182.69 Danko Emergency Equipment supplies 1,957.84 Delta Dental Plan insurance 6,334.84 Demco supplies 609.10 Dennis Martens maintenance 833.34 Dept Of Revenue testing 105.00 DGR Engineering professional services 2,335.50 Ebsco subscription 230.04 Echo Electric Supply supplies 1,372.89 Emma Duprey registration reimbursement 200.00 Eric Birkeland boot reimbursement 100.00 ESO Solutions, Inc software maintenance 4,085.00 Farmer Brothers Co. supplies 138.30 Farner Bocken Company merchandise 971.63 Foreman Media council mtg 164.95 Fred Balleweg meals reimbursement 95.00 Frontier Precision, Inc registration 80.00 Global Equipment Company supplies 40.34 Grainger parts 269.55 Graymont Capital Inc chemicals 3,949.33 Gregg Peters freight 991.20 Gregg Peters rent 937.50 Grey House Publishing books 288.00 Hansen Locksmithing repairs 976.66 Heiman, Inc. parts 116.00 Helms & Associates professional services 1,444.96 Henderson Exhaust Plus repairs 45.00 Herren-Schempp Building supplies 427.65 Hy Vee Food Store supplies 85.19 In Control, Inc professional services 135.00 Independence Waste waste hauling 947.25 Ingram books 1,675.60 Intelli Track software maintenance 1,989.00 International Code Council registration 2,199.04 Istate Truck Center parts 151.37 32 Jamie Hall meals/fuel reimbursement 64.97 Jerry's Chevrolet Buick Gm parts 64.47 Jim Goblirsch reimbursement 70.75 John A Conkling Dist. merchandise 3,599.15 Johnson Brothers Of SD merchandise 5,707.39 Johnson Controls repairs 607.80 Jones Food Center supplies 743.59 Kalins Indoor Comfort repairs 321.86 Karsten Mfg Corp merchandise 1,199.91 Knox Company parts 3,245.00 Kyle Hoisington exam reimbursement 48.00 Lessman Elec. Supply Co supplies 330.00 Longs Propane Inc propane 60.00 Main Street Center contribution 15,000.00 Mark Clark meals reimbursement 70.00 Mark Taggart meals/mileage reimbursement 193.26 Mart Auto Body towing 1,425.00 Matheson Tri-Gas, Inc supplies 240.24 Matthew Betzen supplies reimbursement 21.29 Matthew Nelson meals reimbursement 52.00 McCulloch Law Office professional services 1,270.20 Mead Lumber supplies 63.34 Medical Waste Transport, Inc professional services 110.51 Meredith Books books 31.90 Midwest Alarm Co alarm monitoring 132.00 Midwest Radiator & Exhaust parts 64.00 Minn Municipal Utility Assoc 1st qtr safety program 6,325.00 Missouri Valley Maintenance repairs 429.00 Mobotrex Mobility & Traffic parts 918.00 MSC Industrial Supply Co supplies 290.81 NCL Of Wisconsin, Inc supplies 652.85 Netsys+ professional services/firewall 3,985.75 O'Reilly Auto Parts parts 138.13 Office Systems Co copier 5,293.00 Overdrive Inc maintenance fees 3,000.00 Penworthy Company books 418.47 Phil Wiebelhaus meals reimbursement 52.00 Powerphone, Inc recertification 119.00 Primoris Aevenia, Inc substation construction 104,903.76 Print Source season pass cards 115.00 Quill supplies 1,335.79 Racom Corporation maintenance contract 456.81 Randy Isaacson meals reimbursement 95.00 33 Recorded Books, Inc books 373.06 Recovery Systems Co, Inc parts 172.78 Redi Towing towing 150.00 Republic National Dist. merchandise 10,154.72 Resco supplies 2,174.60 Sanford Health Plan participation fees 63.00 Schaeffer Mfg. Co supplies 804.64 School Of Ems-National HG registration 750.00 Schuyler Rubber Co, Inc supplies 1,803.32 SD Board Of Operator Cert certification renewal 12.00 SD Chapter APWA registration 150.00 SD City Mgmt Association membership dues 150.00 SD Dept Of Public Safety teletype service 3,590.00 SD Municipal League 2018 membership dues 4,901.82 SD One Call locates 280.35 SD Retirement System contributions 41,783.18 SD Shakespeare Festival contribution 4,000.00 SECOG dues 11,755.00 Security Shredding Service shredding containers 35.00 SEH, Inc professional services 1,672.40 Service Master Of Se SD custodial 5,115.25 Shane Griese meals reimbursement 95.00 Sioux Equipment repairs 569.46 Siouxland Humane Society fees 37.00 Sooland Bobcat repairs 711.10 Southern Glazer's Of SD merchandise 878.39 Steffen Truck Equipment parts 2,021.34 Storey Kenworthy/Matt Parrot year-end tax forms 315.67 Stryker Sales Corporation powerload 4,730.30 Stuart C. Irby Co. supplies 4,753.55 Sturdevants Auto Parts parts 1,497.77 Sturgis Public Library books 19.00 Superior Hood Steamers, Inc repairs 820.05 Syncb/Amazon books/dvds 1,970.86 Testamerica Laboratories testing 3,132.31 The Equalizer advertising 51.00 The Growler Station, Inc licensing fee 749.97 The Rob West Marketing Company web hosting 1,500.00 The Ups Store #6751 laminating 205.25 Thompson Automation & Specialty parts 1,458.01 Tom Schwebach underground reimbursement 435.00 Tony Kellar safety boots reimbursement 100.00 Tony Klunder fitness club reimbursement 225.00 34 Tractor Supply Credit Plan supplies 87.38 Travis Taggart meals reimbursement 70.00 Tri-B-Trim Shop repairs 330.00 Tyler Technologies maintenance fee 24,694.81 Tyler Williamson meals reimbursement 70.00 Uline office chairs 2,188.71 Ultramax supplies 586.00 United Way contributions 612.50 Unum Life Insurance Company life insurance 1,401.16 USA Bluebook supplies 125.43 Valley Ag Supply lime removal 2,500.00 Vast Broadband 911 circuit/dialup service 1,415.45 Verizon Wireless cell phones/wireless comm 4,873.89 Vermillion Ace Hardware supplies 976.06 Vermillion Chamber Of Commerce membership/4th qtr bid 11,729.10 Vermillion Housing Authority surety bond 1,000.00 Vermillion Public Transit contribution 7,500.00 VHS German Club trip funding 1,350.00 Visa/First Bank & Trust fuel/lodging/supplies 12,132.80 Wal-Mart Community supplies 137.36 Wesco Distribution, Inc supplies 1,656.00 Wigman Co supplies 126.20 World Book, Inc books 999.00 WSP US professional services 4,894.37 Eagles Bright Energy Rebate 1,210.00 Vermillion Public School Bright Energy Rebate 2,560.00 Paul Johnson Bright Energy Rebate 16.00 Sean Kammer Bright Energy Rebate 250.00 WH Over Museum Bright Energy Rebate 1,925.30 USD Foundation Bright Energy Rebate 1,737.00 Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of February 20, 2018 for a special daily malt beverage and wine license for the Vermillion Downtown Cultural Association at 4 West Main (Vermillion Theater) on or about March 3, 2018. 35 44-18 Alderman Price moved approval of the consensus agenda. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 45-18 Alderman Sorensen moved to adjourn the Council Meeting at 7:43 p.m. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 5th day of February, 2018. 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 ___________. 36