City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session February 20, 2018 Tuesday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, February 20, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: President Collier-Wise, Holland, Humphrey, Price, Sorensen (arrived 12:02 p.m.), Ward Absent: Erickson, Meins, Mayor Powell 2. Informational Item – Jefferson Street reconstruction plan – Jose Dominguez Jose Dominguez, City Engineer, reported that the reconstruction of Jefferson Street has been planned for several years with engineering starting last year, bid opening is scheduled for March with work to begin May 14th with substantial completion by September 14th. Jose reported that Banner Associates was hired for engineering on this project. Jose reported that a public meeting and concerns expressed by those attending has been included in the project phasing. Jose introduced Rich Ucker with Banner Associates who stated that the project is the reconstruction of Jefferson Street from Clark Street on the South to Duke Street on the north. Alderman Sorensen arrived at 12:02 p.m. Rich reviewed the scope of the project and reviewed the phases planned to address concerns of the businesses and residents during the project. Rich answered questions of the City Council on the project. 3. Informational Item – Development of the Capital Improvement Plan – John Prescott John Prescott, City Manager, reported that each year the City Council adopts a five-year capital improvement plan for the city. John stated that department heads are currently updating their respective department's plan for 2018-2022. John provided a list of projects from last year’s capital improvement plan for projects scheduled for 2019 through 2021. John asked the City Council for input on the projects listed if they should be included/removed or if the timing should be altered. John also asked if there were projects, the City Council would 1 want to add to the list. John asked for comments and suggestions by March 2nd in anticipation of the capital improvement plan being presented to the City Council at noon on March 19th or April 2nd with adoption to follow. Discussion followed on the capital improvement plan. 4. Briefing on the February 20, 2018 City Council Regular Meeting. City Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 46-18 Alderman Ward moved to adjourn the Council special session at 12:32 p.m. Alderman Sorensen seconded the motion. Motion carried 6 to 0. President Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of February, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Collier-Wise, President ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session February 20, 2018 Tuesday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on February 20, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell, Student Representative Paulsen Absent: Holland 2 2. Pledge of Allegiance 3. Minutes A. Minutes of February 5, 2018 Regular Meeting; February 5, 2018 Special Meeting 47-18 Alderman Sorensen moved approval of the February 5, 2018 Regular Meeting and February 5, 2018 Special Meeting minutes. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 48-18 Alderman Price moved approval of the agenda. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings 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 Mike Carlson, Finance Officer, reported that an application was received from the Vermillion Downtown Cultural Association for a special daily malt beverage and wine license at the Vermillion Theater at 4 West Main for a fundraising event on or about March 3, 2018. Mike stated that information on the event and the Police Chief's report are included in the packet. Discussion followed on if there was a plan to adequately screen for persons purchasing and consuming the alcoholic beverages. Discussion followed. 49-18 Alderman Collier-Wise moved approval of the special daily malt beverage and wine license for the Vermillion Downtown Cultural Association on or about March 3, 2018 at the Vermillion Theater at 4 West Main for a fundraising event contingent upon there being an adequate plan for screening for legal age of persons purchasing and consuming the alcoholic beverages. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 7. Old Business 3 A. Second 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 this was second 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 reported that the parking space definition has been updated. Addison reported the ordinance lists options for a property owner to follow when building off street parking and provides for a garage stall to count if it meets the criteria. Addison reported that the Planning Commission reviewed proposed Ordinance 1367 at their January 8, 2018 meeting and unanimously recommended approval and the City Council approved first reading on February 5. Discussion followed. 50-18 Second reading of title to 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. 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. 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 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 5th day of February, 2018 and that the title was again read at this meeting, being 4 a regularly called meeting of the Governing Body on this 20th 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 NO. 1367 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. BE IT ORDAINED by the Governing Body of the City of Vermillion, South Dakota that §155.008 and §155.072(B) be amended to as follows: §155.008 DEFINITIONS. PARKING SPACE. A hard-surfaced area, off the street right-of-way, and accessible from a street, road or alley, with minimum dimensions of 9 feet wide and 18 feet long, and permitted ingress and egress of an automobile. A required parking space and driveway shall be paved or surfaced with portland cement concrete or asphaltic concrete, and shall be a thickness of at least five (5) inches. An access driveway between a curb and sidewalk line shall be paved with portland cement concrete. All spaces shall meet the minimum criteria as prescribed by this chapter and the City Engineer, and equivalent materials and methods other than those listed may only be used if approved by the City Engineer. §155.072 OFF-STREET PARKING. (B) Required parking spaces. (1) In computing the number of required off-street parking spaces, the floor area shall mean the gross floor area of the specific use, excluding any floor or portion used for parking. Where fractional spaces result, the parking spaces required shall be the nearest whole number. For the number of off-street parking and loading spaces required in all other districts, see Table 1 below: Table 1: Minimum Off-Street Parking and Loading Requirements 5  Uses and Structures Minimum Parking Requirements 1 parking space for each 200 square feet of floor area. In calculating the required parking spaces, these uses may be Rooming and boarding permitted to include off-street parking available on a houses, sororities and different lot, or zoning lot, than the use served, subject to fraternities approval of the use through the conditional use permit process. Parking spaces may not count towards more than one use Bowling alleys 4 spaces per lane Church or temple 1 space for each 4 seats in main seating area Private club or lodge 1 parking space for each 300 square feet of floor area 4 spaces for each classroom or office room, plus 1 for each 150 High school square feet of seating area in any auditorium or gymnasium or cafeteria intended to be used as an auditorium 2 spaces for each classroom or office room, plus 1 for each 150 Elementary school square feet of seating area in any auditorium or gymnasium or cafeteria intended to be used as an auditorium Eating and drinking 1 space for each 300 square feet of gross floor area places Hospitals 1 space for each bed Nursing, convalescent 1 space for each 3 beds And rest homes Auditoriums, theaters and places of pubic 1 space for each 4 seats of design capacity assembly Hotels and motels 1 space for each 2 rental rooms Funeral homes 1 space for each 4 seats in the chapel Retail sales 1 space for each 300 square feet of floor area establishments Medical and dental 1 space for each 2 staff members and full-time employees, plus clinics 1 space for each 600 square feet of gross floor area Manufactured home 2 spaces for each parks Industrial uses 1 space for each 2 employees on the maximum working shift Service establishments 1 space for each 300 square feet of floor area Wholesale and distribution 1 space for each 2 employees on the maximum working shift establishments (2) For parking requirements for residential uses (excluding manufactured homes) see Table 2 below. 6  (a) Below are several options for a property owner to take when building off-street parking. The process starts with option 1. If the requirements cannot be met, then proceed to option 2, and so on. All other ordinances still apply to the construction. Options: 1. Off-street parking to be in the existing driveway (side-by-side or back-to-back); if not, then 2. Existing driveway may be widened to provide side-by-side parking along the front side of the property. The portion widened may not be in front of the residence; if not, then 3. Properties with alleyway access may construct the parking area along the rear of the property with access from the alleyway; if not, then 4. Off-street parking may be constructed in the rear yard; if not, then 5. Existing driveway may be widened to provide side-by-side parking along the front side of property. A portion widened may be in front of the residence. The maximum distance for the portion in front of the residence to be widened will be 4-feet and shall be hard surface. (3) Alternate parking requirements (see Table 2 below) shall allow for one parking stall within the garage to count towards the off-street parking requirements. In order for the alternate parking requirements to be utilized, the following criteria must be met: (a) Alternate parking requirements shall not be considered for any multiple-family dwelling units to be constructed after March 22, 2018; (b) Each dwelling unit shall have the garage located within 10 feet of the unit (measured from the closest point of the dwelling unit to the closest point of the garage unit); (c) Each garage stall shall be a minimum of 10 feet wide by 20 feet long; and (d) The property owner shall ensure that the garage space is open for resident parking, or for tenant parking as a condition of their rental registry. The garage space cannot be used for any other purpose. Table 2: Minimum Off-Street Parking and Loading Requirements for Residential Uses 7  Dwellings and Minimum Parking Alternate Parking Structures Requirements Requirements Single-family 2 parking spaces per each 2 parking spaces per each detached dwelling unit. dwelling unit. Single-family 2 parking spaces per each 2 parking spaces per each attached dwelling unit. dwelling unit. townhouses) Two-family attached 2 parking spaces per each 2 parking spaces per each (duplex) dwelling unit. dwelling unit. Use either 2 parking spaces per each dwelling unit or 1 per bedroom, whichever is greater. This value shall be multiplied by the following factors. The number of garage 2 parking spaces per each stalls shall be subtracted Multiple-family dwelling unit or 1 parking from the product. (apartments and space per each bedroom, condominiums) whichever is greater. If garage is 1 stall then the factor will be 1.2 If garage is 2 stalls, or larger, then factor will be 1.4 (4) All other uses not specified in the above tables shall have minimum off-street parking and off-street loading spaces as determined by the City Council. Dated at Vermillion, South Dakota this 20th 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 Ward. 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- 8 Wise-Y, Erickson-Y, Humphrey-Y, Meins-Y, Price-Y, Sorensen-Y, Ward-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. Declaring one reel mower surplus Jose Dominguez, City Engineer, requested that the 2005 Toro GR3150-Q mower be declared surplus, to be appraised by the Surplus Property Appraisal Committee to be sold. Jose reported that at the February 5, 2018 meeting the City Council declared the 2006 and 2010 Toro GR3150-Q mowers as surplus. Jose requested that the surplus declaration for the 2010 Toro mower be removed and the mower put back into the fleet. Discussion followed. 51-18 Alderman Collier-Wise moved approval to declare the 2005 Toro GR3150-Q mower as surplus and to be appraised by the Surplus Property Appraisal Committee and to remove the surplus declaration for the 2010 Toro mower. Alderman Meins seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Resolution amending a resolution authorizing the purchase of two reel mowers for the golf course Jose Dominguez, City Engineer, reported that at the February 5th meeting a resolution was adopted to purchase two Toro 2018 GR3300 TriFlex mowers for $39,827 based upon a quote received January 12th from Midwest Turf and Irrigation. Jose stated that after the February 5th meeting a contact was made with Midwest Turf and Irrigation to place the order for the two mowers. Jose reported that the dealer contacted the City to report that the original quoted price was for one mower and not two mowers. Jose reported that the dealer stated that the quote was in error and could not be honored for two mowers. Jose reported that the dealer has provided a new quote for two mowers at $38,499 each. Jose reviewed the budget for the mower purchase and recommended approval of the resolution to purchase the two mowers for a total of $76,998. Discussion followed. 52-18 After reading the same once, Alderman Collier-Wise moved adoption of the following: 9  RESOLUTION AMENDING A RESOLUTION AUTHORIZING THE PURCHASE OF TWO GOLF COURSE MOWERS WHEREAS, the Governing Body of the City of Vermillion approved a resolution for the purchase of two golf course mowers at the February 5, 2018 meeting; and, WHEREAS, the dealer, Midwest Turf & Irrigation of Omaha, Nebraska, made an error in the quote given to the City on January 12, 2018 by indicating that the price for two mowers was $39,827 without any trade- ins; and, WHEREAS, the dealer is unwilling to sell the City two mowers at the quoted price; and, WHEREAS, the City has contacted the dealer and asked for a new quote for two mowers meeting the City’s specifications; 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 $76,998 offers an advantageous price to the City for said item; 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 two new 2018 Toro GR333 TriFlex mowers from Midwest Turf & Irrigation of Omaha, Nebraska, for a net price of $76,998 and that this resolution will supersede the resolution approved by the Governing Body of the City of Vermillion on the 5th day of February, 2018. Dated at Vermillion, South Dakota this 20th 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 10 opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 9. Bid Openings A. Sidewalk repair assessment project Jose Dominguez, City Engineer, reported that the southeast quadrant sidewalks were inspected during 2016. Jose reported that property owners were notified of the need to notify the City that they were going to make the necessary repairs by the end of 2017 or the City would contract for the repairs. Jose reported that bid information was sent to seven bidders and on February 14, 2017 bids were opened with two bids received. Jose reported that the low bid was from M & M Construction for $9,831.75. Jose reported that the other bid was from Walker Construction for $10,067.59. Jose recommended the low bid for the sidewalk repair project. 53-18 Alderman Meins moved approval of the low bid for the southeast quadrant sidewalk repairs of M & M Construction for $9,831.75. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Reroof lower roof of Edith B. Siegrist Vermillion Public Library project Jose Dominguez, City Engineer, reported that the library has roofs at two different levels. Jose stated that one level was completed with the expansion of the building in 2013 with the other level last replaced in 1999. Jose reported that since the completion of the renovation staff has been addressing leaks in the old roof and following an inspection it was reported that the roof should be replaced. Jose reported that documents were sent to five potential bidders with five bids received at the February 14, 2017 bid opening. Jose recommended the low bid of Guarantee Roofing, Siding and Insulation Co., LLC from Sioux City of $63,189. Bids: Architectural Roofing and Sheetmetal, Inc - $70295.00; Guarantee Roofing, Siding and Insulation Co., LLC - $63,189; MJ Dalsin - $69,703; Winkler Roofing, Inc - $73,927.98; Roy Johnson Roofing, Inc - $64,490. 54-18 Alderman Collier-Wise moved approval of the low bid from Guarantee Roofing, Siding and Insulation Co., LLC from Sioux City of $63,189 for lower roof replacement for the library. Alderman Humphrey seconded the 11 motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reminded citizens that Court Street from Kidder Street to the alley between Main & Kidder St would be closed this Saturday, February 24th from 11:00 a.m. to 6:00 p.m. for the Special Olympics Polar Plunge. B. John reported that Paint South Dakota would take place again this June. John reported that they are seeking a volunteer group to paint a house. John stated that the home must be a single, family owner- occupied, in need of painting and the owner should be physically or financially unable to paint the home. John requested eligible homeowners and volunteer groups to contact the City so an application can be made for one of the 25 grants in SD this year. John noted that applications are due in April. C. John reported the special City Council meeting date of Monday, March 26th at 5:30 p.m. at the Fire Station to receive the Fire/EMS Department annual report and review equipment. D. John reported that the SDML District meeting would be Tuesday, March 13th at 6:00 p.m. in Harrisburg. John asked Council members to please let staff know if you are interested in attending as registrations are due by March 1st. E. John reported on the following Raffle notifications: The USD Law School class of 2020 is selling raffle tickets at $5 each or 5 for $20 from February 12 to February 16, 2018. The drawing is February 16th. Proceeds will be used to support the 2020 hooding ceremony. Knights of Columbus are selling $20 raffle tickets from February 18 to March 31, 2018. The prizes range from $50 to $150 per game. Proceeds from the raffle would go for a basketball hoop in the St. Agnes gym. Knights of Columbus plan to sell $20 raffle tickets from April 20 to September 5, 2018. Proceeds from the raffle would be used for youth programs and K of C events. PAYROLL ADDITIONS AND CHANGES Golf Clubhouse: Dennis Chandler $19.69/hr 12 11. Invoices Payable 55-18 Alderman Price moved approval of the following invoices: AT&T Mobility hotspots-library 306.32 Broadcaster Press advertising 955.83 Brunick's Service Inc fuel 6,485.11 Buhls Cleaners mat/mop svc 520.30 Bureau Of Administration telephone 248.67 Campbell Supply supplies 443.12 Cask & Cork merchandise 937.55 Centurylink telephone 1,581.97 Clay Rural Water System water usage 43.60 Clay-Union Electric Corp electricity 2,227.93 Clubhouse Hotel & Suites lodging 3,030.00 Dakota Beverage merchandise 6,825.37 Dept. Environment Natl Res landfill operations fee 2,696.97 Global Dist. merchandise 680.00 Gregg Peters managers fee 6,000.00 Jim Goblirsch reimbursement supplies 93.16 John A Conkling Dist. merchandise 3,816.40 Johnson Brothers Of SD merchandise 23,716.06 Jones Food Center supplies 401.75 LFS nylon netting panels 3,351.22 Loren Fischer Disposal haul cardboard 1,110.00 MidAmerican gas usage 10,439.20 Midcontinent Communication cable/internet service 748.68 Midwest Alarm Co alarm monitoring 66.00 O'Conner Construction refund landfill overpayment 2.10 Prairie Berry Winery merchandise 876.00 Republic National Dist. merchandise 33,744.83 Reserve Account postage for meter 900.00 Richard Wit rental car reimbursement 75.00 SDGCSA registration 600.00 Southern Glazer's Of SD merchandise 705.48 Staples Advantage supplies 1,270.00 Stern Oil Co. fuel 9,521.40 Sturdevants Auto Parts parts 294.72 Tom French refund overpayment 10.65 United Parcel Service shipping 162.16 Us Postmaster permit fee/postage for bills 1,275.00 Vermillion Public Library reimburse fine collected 72.35 13 With The Wind Vineyard & Winery merchandise 144.00 Haoran Sun Bright Energy Rebate 150.00 Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of March 5, 2018 for a package off-sale malt beverage license for Main Street Pub, Inc. for Main Street Pub at 11 West Main Street. B. Set a public hearing date of March 5, 2018 for a package off-sale malt beverage license for Maya Janes, Inc. for Maya Janes at 9 West Main Street. 56-18 Alderman Price moved approval of the consensus agenda. Alderman Ward seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 57-18 Alderman Ward moved to adjourn the Council Meeting at 7:19 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 20th 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 ___________. 14