City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session April 16, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, April 16, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Erickson, Meins 2. Informational Item – Subdivision Ordinance changes – Jose Dominguez, City Engineer Jose Dominguez, City Engineer, reported on the purpose of the subdivision ordinance noting that the subdivision ordinance was last updated in 2011 except for one minor amendment that dealt with private roads. Jose handed out a draft of the proposed ordinance. Jose reviewed the proposed changes to the ordinance which include removing sections dealing with land outside of the Joint Zoning Jurisdictional Area, as Clay County adopted a subdivision ordinance in 2014; update the section dealing with access to streets and roads; add definitions for plans and for interior lot lines; update language for creation of lots along arterial streets and reverse frontage lots and update the section regarding developer agreements. Jose reported on the educational and public meeting held to review the subdivision ordinance changes. Jose reported that the Planning Commission recommended approval of the ordinance changes at their April 19th meeting with the condition that all the design standards dealing with the City’s rural jurisdiction be included and not removed from the ordinance. Jose noted that the ordinance is lengthy and, as such, if there are questions after you have had time to review the ordinance, please contact him. Jose stated the proposed timeline would be for the City Council to consideration the proposed ordinance at the May 21st meeting. Discussion followed. 3. Briefing on the April 16, 2018 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 4. Adjourn 1 101-18 Alderman Ward moved to adjourn the Council special session at 12:10 p.m. Alderman Sorensen seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of April, 2018. 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 April 16, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, April 16, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell 2. Pledge of Allegiance 3. Minutes A. Minutes of April 2, 2018 Special Session; April 2, 2018 Regular Session 102-18 Alderman Price moved approval of the April 2, 2018 special secession and April 2, 2018 regular session minutes. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 103-18 2 Alderman Collier-Wise moved approval of the agenda. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Proclamation recognizing Arbor Day Alderman Holland read the Arbor Day Proclamation recognizing April 27, 2018 as Arbor Day in Vermillion urging all citizens to support efforts to protect our trees and woodlands. Mayor Powell presented the proclamation to Jim Goblirsch, Director of Parks & Recreation Department. Jim reported that the City has been recognized for 33 years as a Tree City. Jim stated that the Parks Department will be planting a tree April 27th on Prentis Street along the baseball field. Jim stated that the Tree Board will again this year be making available a limited number of trees for $25. Jim encouraged citizens to contact City Hall for the tree program guidelines. Alderman Collier-Wise reported that with us tonight is a group of USD American Government students. A representative of the group stated that they were reviewing different forms of government. 6. Public Hearings A. Special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about May 10, 2018 at the Prentis Park baseball field Mike Carlson, Finance Officer, reported that an application was received from the Vermillion Area Chamber of Commerce and Development Company for a special daily malt beverage and wine license for May 10, 2018 at the Prentis Park baseball field for an expedition baseball game. Mike noted that the Police Chief's report and notice of hearing are included in the packet. Mike stated that, since the event is being held on City property, ordinance provides that the City Council may include such conditions and restrictions, as the governing body may deem appropriate and consistent with state law. Mike stated that the Chamber has provided a Release and Indemnification Certificate for the event along with proof of insurance. The Police Chief is recommending the following parameters be established: 1) Seven staff members will supervise the events distribution and consumption of alcohol, 2) Signage will be posted at the entry gate and the alcohol dispensing point stating: A. Alcohol consumption is only allowed inside the fenced spectator area. B. No one under 21 will be served or allowed to consume alcohol. C. No intoxicated person(s) will be served. D. No alcohol can leave the fenced spectator area. E. No outside alcohol is allowed into the fenced spectator area, 3) Staff will 3 check all persons wishing to purchase and provide a wrist band once their age has been verified, 4) Persons who have not been wrist banded or who appear to be under 21 will not be allowed to purchase or consume alcohol. Mike noted that the Police Chief indicated that there were no incidents with the similar event last year. Mike recommended approval of the special permit unless information is presented at the public hearing. 104-18 Alderman Price moved approval of the special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company for a baseball game on May 10, 2018 at the Prentis Park baseball field contingent upon complying with the conditions as indicated by the Police Chief. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 on Ratingen Platz, half block of Market Street south of Main Street and Main Street as it abuts the Platz for Thursdays on the Platz events Mike Carlson, Finance Officer, reported that an application for a special daily malt beverage and wine license was received from the Vermillion Area Chamber and Development Company for the Thursdays on the Platz events on or about April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 from 4:00 p.m. to 8:00 p.m. at Ratingen Platz and adjoining portion of Market Street and Main Street. Mike stated that the notice of hearing and the report of the Police Chief are included in the packet. The VCDC has provided the City with a certificate of insurance and the release and indemnification for the events. Mike noted that the events would be similar to previous years. Mike recommended approval of the request and to include the use of the Ratingen Platz for the events. The request to exceed allowable sound levels and street closing request are later on the agenda. 105-18 Alderman Collier-Wise moved approval of the special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 from 4:00 p.m. to 8:00 p.m. on Ratingen Platz and adjoining portion of Market Street and Main Street including the use of the Ratingen Platz for the events. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. C. Special permit to exceed permissible sound levels by no more that 50% for the Vermillion Area Chamber & Development Company on or about April 4 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 from 4:00 p.m. to 8:00 p.m. on Ratingen Platz, half block of Market Street south of W. Main Street and W. Main Street as it abuts the Platz for Thursdays on the Platz Mike Carlson, Finance Officer, reported that an application was received for a special permit to exceed permissible sound levels by no more than 50% for the Thursdays on the Platz events scheduled April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 from 4:00 p.m. to 8:00 p.m. on the Ratingen Platz at the corner of Market and Main Streets, the half block of Market Street south of Main Street and Main Street as it abuts the Platz. Mike noted that the notice of hearing and application are included in the packet and recommended approval of the special permit. 106-18 Alderman Collier-Wise moved approval of the special permit to exceed permissible sound levels by no more than 50% for the Thursdays on the Platz events on April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 from 4:00 p.m. to 8:00 p.m. on the Ratingen Platz and adjoining Market and Main Streets. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Special daily malt beverage and wine license for the Vermillion Downtown Cultural Association on or about April 20 and 21, 2018 at 4 West Main (Vermillion Theater) for a fundraising event Mike Carlson, Finance Officer, reported on the receipt of an application for a special daily malt beverage and wine license from the Vermillion Downtown Cultural Association on or about April 20 and 21, 2018 at 4 West Main for fundraising events. Mike noted that the Police Chief's report and notice of hearing are included in the packet. The Police Chief's report indicated that they would be carding and using wristbands for the event. 107-18 Alderman Erickson moved approval of the special daily malt beverage and wine license for the Vermillion Downtown Cultural Association for fundraising events on or about April 20 and 21, 2018 at 4 West Main Street. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business 5 A. MidAmerican Energy Annual Report Tim Forsch, representing MidAmerican Energy, provided a handout on the monthly cost of natural gas for 2017 and noted that the company did not see any major changes for 2018. Tim reported on local staffing levels, emergency leak calls, leaks in the system, average response time as well as the longest response time. Tim reported on new services installed, service upgrades and new main installed within the city. Tim answered questions of the City Council on MidAmerican Energy operations within the community. Tim introduced Sam Wagner the Business and Economic Development Director with MidAmerican Energy. Sam thanked the City Council for the time tonight noting that he will be working with Nate Welch at the Development Company and the City as requested on economic development projects. B. Request from the Vermillion Chamber of Commerce and Development Company to close Prentis Avenue from E. Main Street to E. Clark Street on Thursday, May 10, 2018 from 6:00 pm to 9:00 pm for a professional baseball exhibition game Addison McCauley, Administrative Intern, stated that, as was reported earlier on the agenda, Vermillion Chamber of Commerce and Development Company has submitted a street closure request for Prentis Avenue from 6:00 p.m. to 9:00 p.m. on Thursday, May 10, 2018 from Clark Street to Main Street. Addison stated that the request would reduce traffic to a minimum and make it safer for children who may chase foul balls during the game. Addison stated that the exhibition game is between the Sioux City Explorers and Sioux Falls Canaries. Addison reported that VCDC and City Staff would be stationed at the barricades during the closure to allow residents access to their homes. Addison stated that notification will be made a few days before the game advising residents of the street closure. Discussion followed on the street closing request and parking. Nate Welch, representing the VCDC, answered questions on the closing request. 108-18 Alderman Sorensen moved approval of the street closing request for Prentis Avenue from Main Street to Clark Street on May 10, 2018 from 6:00 p.m. to 9:00 p.m. for an exhibition baseball game at Prentis Park. Alderman Erickson seconded the motion. Discussion followed. Motion carried 9 to 0. Mayor Powell declared the motion adopted. C. Request from the Vermillion Chamber of Commerce and Development Company to close Market Street from W. Main Street south along Ratingen Platz and W. Main Street from the west side of the intersection of W. Main Street and Prospect Street west through Ratingen Platz on April 19, 6 July 12, 19, and 26; August 2, 9, 16, and 23, 2018 from 4:00 to 8:00 pm for Thursdays on the Platz events Addison McCauley, Administrative Intern, indicated that, with the earlier items on the agenda, the Vermillion Thursdays on the Platz group are again planning to hold several events in downtown Vermillion on the Platz. This summer’s events are scheduled for April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018. Addison stated that the events would host local and regional musical entertainment. Addison stated that the group would utilize Ratingen Platz at the corner of Main and Market Streets for the events. Addison noted that, due to the number of anticipated attendees, a street closure request has again been submitted for Main Street from the west line of the intersection of Prospect Street and Main Street west through Ratingen Platz and Market Street from Main Street to the East/West alley between Main Street and Kidder Street. Addison stated that the closing is from 4:00 p.m. to 8:00 p.m. Discussion followed. 109-18 Alderman Erickson moved approval of the street closing request for Main Street from the west line of the intersection of Prospect Street and Main Street west through Ratingen Platz and Market Street from Main Street to the East/West alley between Main Street and Kidder Street April 19, July 12, July 19, July 26, August 2, August 9, August 16 & August 23, 2018 from 4:00 p.m. to 8:00 p.m., for the “Thursdays on the Platz” events. Alderman Collier-Wise seconded the motion. Discussion followed. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Resolution Establishing Boundaries of a Proposed Business Improvement District and Creating Business Improvement District No.2 Board Jake Losinski, Assistant to the City Manager, reported that state statute allows municipalities to create Business Improvement Districts (BID) to carry out various projects and tasks including improvement of public places and promotion of the community. Jake stated that the City has created BID #1, which consists of the hotels in the community and levies a $2.00 per night occupation fee per occupied room. BID Board No.1 makes recommendations to the City Council on how these funds are to be reinvested in the community. Jake reported that City staff identified the creation of a second Business Improvement District for the downtown central business district as a potential source of funding to contribute towards the Downtown Streetscape Plan implementation. Jake stated that the resolution before the Council sets the boundaries of the proposed BID using the Central Business District boundaries. Jake presented a map that outlined the district boundaries. Jake noted the resolution would also create BID Board #2 and at a future meeting the Mayor and City Council will need to appoint members to the BID #2 Board. Jake stated 7 that the BID Board #2 would study the options to generate additional revenues to fund the downtown streetscape plan improvements with a report to the City Council. Jake stated the Bid Board #2 will review the options and make a recommendation to the City Council. Phyllis Packard, Martin Pendergast and Jim Waters addressed the Council on the benefits they see from improvements to the downtown that will be positive for the whole community. Jake answered questions of the City Council on the BID district and process. 110-18 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION ESTABLISHING BOUNDARIES OF A PROPOSED BUSINESS IMPROVEMENT DISTRICT AND CREATING BUSINESS IMPROVEMENT DISTRICT NO. 2 BOARD WHEREAS, the governing body considers it appropriate that a plan be developed for the improvement of public facilities and activities in certain commercial areas of the municipality; and WHEREAS, one method of providing for that plan is the creation of a Business Improvement District; and WHEREAS, the boundaries of a proposed Business Improvement District must be established before a district can be created; and WHEREAS, the method of raising revenue shall be fair and equitable; NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council Chambers of said City at 7:00 p.m. on the 16th day of April 2018 that: 1. The boundaries of a proposed Business Improvement District are hereby established as follows: Beginning at the intersection of the centerlines of 12th Street and Kidder Street; then north along the centerline of 12th Street for 582- feet to the intersection with the centerline of the east-west alley in Block 39 of Snyder’s Addition; then east along the centerline of the east-west alley in Block 39 of Snyder’s Addition to the intersection with the centerline of Franklin Street; then north along the centerline Franklin Street for 2-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 38 of Snyder’s Addition; then south along the centerline of the north-south alley in 8 Block 38 of Snyder’s Addition for 24-feet; then east for 192-feet to the intersection with the centerline of Washington Street; then north along the centerline of Washington Street for 374-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 42 of Snyder’s Addition; then south along the north-south alley in Block 42 of Snyder’s Addition for 165-feet to the intersection with the centerline of West National Street; then east along the centerline of West National Street for 200-feet to the intersection with the centerline of High Street; then south along the centerline of High Street for 121- feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 36 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 36 of Snyder’s Addition for 44-feet; then east for 200-feet to the intersection with the centerline of Prospect Street; then north along the centerline of Prospect Street for 66-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 35 of Snyder’s Addition; then north along the centerline of the north-south alley in Block 35 of Snyder’s Addition for 220-feet; then east for 200-feet to the intersection with the centerline of Center Street; then south along the centerline of Center Street for 121-feet to the intersection with the centerline of East National Street; then east along the centerline of East National Street for 130-feet; then north for 121-feet; then east for 70-feet to the intersection with the centerline of the north-south alley in Block 45 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 45 of Snyder’s Addition to the intersection with the centerline of East National Street; then east along the centerline of East National Street for 197.5-feet to the intersection with the centerline of Elm Street; then south along the centerline of Elm Street for 99-feet; then east for 180.5-feet to the intersection with the centerline of the north-south alley in Block 33 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 33 of Snyder’s Addition for 120-feet to the intersection of the vacated east- west alley in Block 33 of Snyder’s Addition; then east along the centerline of the vacated east-west alley in Block 33 of Snyder’s Addition for 183-feet to the intersection with the centerline of North Dakota Street; then north along the centerline of North Dakota Street for 35-feet to the intersection with the centerline of the east-west alley in Block 61 of Bigelow’s Addition; then east along the centerline of the east-west alley in Block 61 of Bigelow’s Addition for 200-feet to the intersection with the centerline of the north-south alley in Block 61 of Bigelow’s Addition; then south along the centerline of the north- south alley in Block 61 of Bigelow’s Addition for 189-feet to the intersection with the centerline of East Main Street; then east along the centerline of East Main Street for 25-feet to the intersection with the centerline of Forest Avenue; then south along the centerline of Forest Avenue for 188-feet to the intersection with the centerline of the vacated east-west alley in Block 73 of Smith’s Addition; then west 9 along the centerline of the vacated east-west alley in Block 73 of Smith’s Addition for 225-feet to the intersection with the centerline of South Dakota Street; then north along the centerline of South Dakota Street for 96-feet; then west for 81-feet; then south for 132-feet; then west for 105.5-feet to the intersection with the centerline of the north- south alley in Block 26 of Original Vermillion; then south along the centerline of the north-south alley in Block 26 of Original Vermillion for 212-feet to the intersection with the south right-of-way line of the vacated Kidder Street; then east along the south right-of-way line of the vacated Kidder Street for 241-feet to the intersection with the centerline of South Dakota Street; then south along the centerline of South Dakota Street for 220-feet; then southwest to the intersection with the centerline of the vacated Bloomingdale Street for 128-feet south and 81-feet west; then west along the centerline of the vacated Bloomingdale Street for 360-feet to the intersection with the centerline of Church Street; then north along the centerline of Church Street for 388-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 400-feet to the intersection with the centerline of Court Street; then south along the centerline of Court Street for 172-feet; then west for 200-feet to the intersection with the centerline of the north-south alley in Block 23 of Original Vermillion; then south along the centerline of the north-south alley in Block 23 of Original Vermillion for 216-feet to the intersection with the centerline of Bloomingdale Street; then west along the centerline of Bloomingdale Street for 410-feet to the intersection with the centerline of the north- south alley in Block 22 of Original Vermillion; then north along the centerline of the north-south alley in Block 22 of Original Vermillion for 388-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 600-feet to the intersection with the centerline of Luxemburg Street; then north along the centerline of Luxemburg Street for 106-feet; then west for 200-feet to the intersection with centerline of the north-south alley in Block 31 of Original Vermillion; then south along the centerline of the north- south alley in Block 31 of Original Vermillion for 106-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 200-feet to the intersection with the centerline of 12th Street being the point of beginning. 2. There is hereby created a Business Improvement District No. 2 Board which shall have the powers established in SDCL 9-55-5 and 9-55-6. The Board shall be appointed by the Mayor with the approval of the governing body. 3. The Board shall consist of five (5) members whose terms shall be three years, except at time of establishment, in which, two members shall serve for a one year term, two members for a two year term, and one member for a three year term. 10 Dated in Vermillion, South Dakota this 16th day April, 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. E. First reading of Ordinance 1370 amending alcoholic beverage ordinance for changes in South Dakota state statute Mike Carlson, Finance Officer, reported that there were extensive revisions to the alcoholic beverage laws during the 2018 Legislative Session that will become effective on July 1, 2018. Mike stated that three licenses will no longer be available and the retail on-off sale malt beverage license has been expanded to include South Dakota Farm Wine. Mike noted that the hours that alcoholic beverages can be sold or served are being made consistent at 7:00 a.m. to 2:00 a.m. every day of the year including Christmas. Mike stated that there were also changes in language used by the Governing Body to determine the applicant suitable to hold a license and the proposed location is suitable. Mike stated that this information was presented at the April 2nd noon meeting with the consensus to update the ordinance. Mike reported that the proposed ordinance updated the hours to 7:00 a.m. to 2:00 a.m. every day for all licenses, removed references to the licenses that no longer are available, updated language to comply with the new statute as to applicants are suitable before issuing, transferring or renewing a license with an effective date of July 1, 2018. Mike reported that Jim McCulloch, City Attorney, has reviewed the ordinance. Discussion followed. 111-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Sorensen moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1370 entitled An Ordinance Amending Title XI, 11 Chapter 112, Sections 112.07, 112.08, 112.19, 112.20, 112.22, 112.24 & 112.25 to reflect changes in South Dakota state statute as it applies to liquor licenses 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 16th day of April, 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 Price. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. F. Developer’s Agreement with Vermillion Heights, LLC Owner of Lot 3 and the East 4-feet of Lot 5, Except the South 320-feet, Block 1, Johnson’s Addition to the City of Vermillion, Clay County, South Dakota Jose Dominguez, City Engineer, reported that Vermillion Heights, LLC is finalizing the plans to start construction of a large mixed-use building in the Dakota Commons PDD. Jose reported that Dakota Commons PDD is the vacant land south of Alumni Drive and between Dakota and Elm Streets. Jose reported that the new construction would be fronting a portion of Elm Street, which has not been constructed, that being from Alumni Drive south about 300 feet. Jose reported that City ordinance requires the property owner construct sidewalks, grading, curb and gutter, street surfacing, streetlights, water and sewer improvements on all streets abutting a property to be developed. Jose stated that the agreement will require the owner to complete construction of Elm Street no later than October 1, 2020 or when the City Council requests the completion due to a development needing to utilize the street and that the owner will not remonstrate against any assessments required along Elm Street regarding street or utility construction. Discussion followed on the agreement. Alderman Erickson requested to leave at 7:45 p.m. 112-17 Alderman Collier-Wise moved approval of the developers agreement with Vermillion Heights, LLC as it applies to Elm Street improvements as presented and authorized the Mayor to sign the agreement. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. G. Vermillion Housing Authority Board appointment Mayor Powell reported that there is a vacancy on the Vermillion Housing Authority Board due to the resignation of Sandy Brown whose term will expire in 2021. Mayor Powell reported that there were a number of 12 expression of interest forms submitted and recommended the appointment of Maria Trowbridge to fill the balance of the unexpired term. 113-18 Alderman Sorensen moved approval of the appointment of Maria Trowbridge to the Vermillion Housing Authority Board with the term expiring in 2021. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. H. Resolution authorizing the purchase of a Water Department Backhoe Jose Dominguez, City Engineer, reported that the 2018 budget for the equipment replacement fund included the replacement of the Water Department backhoe. Jose reported that Administration would like to take advantage of the Minnesota DOT contract with Titan Machinery to purchase a 2018 Case 590SN 4WD backhoe meeting our specifications at a price of $106,724. Jose reported that Titan Machinery has agreed to honor the Minnesota DOT contract price for the equipment. Jose recommended approval of the resolution to purchase the backhoe. 114-18 After reading the same once, Alderman Meins moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A BACKHOE 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 Minnesota for a backhoe from Case’s participating distributor, Titan Machinery, of Sioux Falls, SD, for the total amount of $106,724 offers an advantageous price to the City for said item; and, WHEREAS, the City has contacted Titan Machinery and they have agreed to allow the City to purchase a backhoe for the contract price and terms as awarded by the State of Minnesota; 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 Case 590SN 4WD from Titan Machinery of Sioux Falls, South Dakota at no more than the above stated price. Dated at Vermillion, South Dakota this 16th day of April, 2018. 13  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 Price. 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. Declaring a Water Department Backhoe Surplus Jose Dominguez, City Engineer, reported that, with the authorization to purchase a new backhoe, we will need to declare the old backhoe as surplus, authorize the appraisal by the Surplus Property Appraisal Committee for sale by sealed bids. Jose recommended that the 2008 Case 445T/M2 backhoe be declared surplus, appraised for sale by sealed bids. Alderman Erickson returned at 7:50 p.m. 115-18 Alderman Collier-Wise moved to declare the 2008 Case 445T/M2 backhoe as surplus and authorize the appraisal by the Surplus Property Appraisal Committee for sales by sealed bids. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. J. Declaration of surplus items for City auction Mike Carlson, Finance Officer, reported that a list is included in the packet of abandoned vehicles and surplus City property. Mike noted that, before the City can dispose of property, the City Council would need to declare it surplus and authorize the sale at public auction. Mike stated that the list included in the packet did not include six abandon vehicles that would be used by the Fire Department for training and that the corrected list would be provided to the Council members. Mike stated that the abandoned vehicles used by the Fire Department for training are then sold as scrap metal. Mike stated that Hazen Bye and Gary Madsen have been contacted and can do the auction on May 11th at 5:30 p.m. at the Municipal Service Center. Discussion followed. 14 116-18 Alderman Sorensen moved to declare the following property surplus to be sold at public auction or as scrap: Abandoned Vehicles: 1993 Chevrolet Blazer; 1998 Buick Regal; 1999 Chrysler Sebring; 1999 Pontiac Grand Prix; 2000 Ford Windstar; 2001 Ford Taurus; 2001 Ford Taurus; 2001 Chevrolet Blazer; 2001 Oldsmobile Alero; 2002 Chevrolet Tracker; 2002 Mitsubishi Lancer; 2002 GM Envoy; 2003 Buick Regal; 2001 Chevrolet Monte Carlo; 1993 Chevrolet C1500; 2006 Chevrolet Impala; 2009 Honda Accord; Fire Department Training: 2005 Cadillac DeVille; 2001 Buick LeSabre; 1996 Plymouth Neon; 1996 Mercury Marquis; 1998 Chrysler Concorde; 2001 Buick Century; 35 abandon bicycles; Surplus City Property: dirt packer, tool bins, 2-ladders, 4-laptops, 11-computers, 3- Fillrite fuel pumps, phone system, (switches and parts), Kohler pump, Wisconsin pump, Metrotech 960 locator, 3pt hitch spreader, zero turn mower needs motor, portable generator needs work, 4-office desk chairs, wooden desk, overhead projector, vacuum cleaner. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Jefferson Street reconstruction project Jose Dominguez, City Engineer, reported that in July 2017 the City Council approved an agreement with Banner Associates for the design of the reconstruction of Jefferson Street from East Clark Street to East Duke Street. Jose noted that staff has placed this segment of Jefferson Street on the City’s capital improvement plan for reconstruction since 2015 with the intention of completing the project in 2018. Jose stated that bids for the project were opened on April 11th. Jose noted that plans and specifications were sent to 19 possible bidders and to 5 plan houses. Jose noted that only one bid was received from BX Civil & Construction, Inc. from Dell Rapids, SD, for $1,110,431.55. Jose reported that the bid included $980,181.15 for the street reconstruction and $130,228.00 for the relining of the lime sludge lagoon. Jose reported the consultant’s estimate for the project was $835,000 for the street reconstruction and the City’s estimate for the relining of the lime sludge lagoon was $157,000. Jose reported that state statute 5-18B-5 allows the City to negotiate with the lowest responsive bidder for a more advantageous price. Jose reported that BX Civil & Construction agreed to lower the bid by $60,000 in exchange for the City extending the deadline of the project to November 1st, 2018 vs. mid-August and also eliminate all of the phasing requirements as shown on the plans. Jose noted that BX Civil & Construction would still be required to provide access to Standard Redi-mix, Austree Apartments, Casey’s General Store, Lincoln View Apartments, Jefferson Heights Apartments, and to Kids of Character Daycare. Jose reported that the City has budgeted approximately $785,000 from the STIP Fund for the reconstruction of the street, $50,000 for the 15 stormwater related improvements in the project and the Water Department would be funding $130,228.00 for the work on the lime sludge lagoon. Jose recommends awarding the project to BX Civil and Construction for $1,050,431.55. This includes the base bid for reconstructing Jefferson Street and bid alternate number one for the relining of one of the lime sludge lagoon. Discussion followed on the contract noting that there was only one bid. 117-18 Alderman Collier-Wise moved approval of awarding the bid to BX Civil and Construction for the base bid and bid alternate total adjusted contract of $1,050,431.55. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Sale of Surplus Mowers Jose Dominguez, City Engineer, reported that the two mowers were declared surplus on February 5 and February 20, 2018 and no bids were received at the April 2nd bid opening. Jose reported that Midwest Turf and Irrigation offered to purchase the mowers at $2,000 each which is more than 90% of the appraised value. Jose recommended acceptance of the offer to purchase. 118-18 Alderman Collier-Wise moved approval of the sale of the 2005 Toro GR3150- Q and 2006 Toro GR3150-Q mowers to Midwest Turf and Irrigation for $4,000. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the Planning Commission meets next Monday, April 23rd. Current items known for the agenda include: 1) Zone change request for 519 Adams and 520 Prentis from R-2 to R-3 zoning, 2) Zone change request for 125 Prospect from R-2 to R-3 zoning, 3) Zone change request for 807 Cottage and 23 E. Duke Street from GB to R-3 zoning and will also meet with the County Commission for a placement of a home in the agricultural zoning of the Joint Jurisdictional area B. John reported that a contractor for the railroad will be working on the 12th Street crossing which will likely lead to some temporary gravel surfaces on either side of the crossing between when the actual rail crossing work is completed and the hard surface on either side is replaced. C. John reported that there is a term expiring on the Library Board. John stated that the three-year term starts in May and runs until May 16 2021. John requested that interested citizens complete the Expression of Interest form and return the form by Noon on Wednesday, May 2nd with a City Council appointment anticipated to be made at the May 7th meeting. D. John reported on the approval of the following raffle notifications: Heartland Humane Society will be selling $1 raffle tickets during their Summer Soiree to be held on Saturday, June 2, 2018. Prizes are 10 to 12 baskets each valued between $40 to $50 each. Proceeds from the raffle will be used for veterinary care needs at the facility. PAYROLL ADDITIONS AND CHANGES Police: Jon Cole $25.53/hr; Street: Josh Lasley $9.50/hr, Tyler Johnson $9.50/hr; Ambulance: Matt Wilmes $8.85/hr-$8.85/training hr- $13.27/holiday hr, Shea Soderlin $11.70/FTO, John Wetherington $11.80/FTO; Recreation: Samantha Berres $9.00/hr, Emily Winckler $9.00/hr, Holly Wilson $9.00/hr; Parks: Cylie Hanson $16.36/hr; Communication: Anne Printz $16.21/hr; Golf Clubhouse: Bert Bucher $9.25/hr, Grant Campbell $9.25/hr, Kory Diefendorf $9.25/hr, Sam Craig $9.25/hr, Rylan Craig $9.25/hr, Drake Hagen $9.25/hr, Shelby Rockafellow $9.00,hr, Hannah Poppens $9.00/hr, Brady Martinez $9.00/hr, Kyleigh Moran $9.50/hr, Sam Nicholsen $9.75/hr, Ryne Whisler $9.50/hr; Golf Maintenance: Danny Brown $9.50/hr, Brennan Christianson $9.25/hr, Ernie Halverson $10.25/hr, Kara Mulheron $9.00/hr, Jack Padmore $9.25/hr; Water: Andrew Wickre $18.01/hr 11. Invoices Payable 119-18 Alderman Price moved approval of the following invoices: A-OX WELDING SUPPLY CO CYLINDER RENTAL 91.40 AT&T MOBILITY MOBILE HOT SPOTS 468.50 BROADCASTER PRESS ADVERTISING 1,326.91 BRUNICK'S SERVICE INC FUEL 5,436.60 BUHLS CLEANERS MAT/MOP SVC 585.70 BUREAU OF ADMINISTRATION TELEPHONE LONG DISTANCE 301.51 CAMPBELL SUPPLY SUPPLIES 135.08 CASK & CORK MERCHANDISE 327.98 CENTURYLINK TELEPHONE SERVICE 2,298.83 CLAY RURAL WATER SYSTEM WATER USAGE 59.50 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,714.66 DAKOTA BEVERAGE MERCHANDISE 6,584.30 DALE HAGEN REFUND PARKING TICKET 35.00 17  DEPT. ENVIRONMENT NATL RES. LANDFILL OPERATIONS FEE 2,870.30 DIVISION OF MOTOR VEHICLE LICENSE PLATE RENEWAL 2.00 FEDEX. SHIPPING 14.96 GLOBAL DIST. MERCHANDISE 684.25 GREGG PETERS MANAGERS FEE/PROFITS/ADVERTISING 37,789.59 HERREN-SCHEMPP BUILDING SUPPLIES 58.74 JOHN A CONKLING DIST. MERCHANDISE 3,566.80 JOHNSON BROTHERS OF SD MERCHANDISE 26,120.36 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,180.00 MATHESON TRI-GAS, INC CYLINDER RENTAL 33.96 MIDAMERICAN GAS USAGE 6,556.46 MIDCONTINENT COMMUNICATION INTERNET/CABLE SERVICE 748.68 MIDWEST TURF & IRRIGATION 2- MOWERS 76,998.00 MIDWESTERN MECHANICAL, INC INSPECTION/TESTING 325.00 PEDERSEN MACHINE INC PARTS 50.64 PRINT SOURCE ADVERTISING/SUPPLIES 736.00 RACOM CORPORATION REPAIRS 151.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 16,118.61 RESERVE ACCOUNT POSTAGE FOR METER 900.00 ROTOLOK VALVES INC REPAIRS 579.22 SANFORD HEALTH PLAN PARTICIPATION FEES 63.00 SIOUXLAND BOBCAT SKID LOADER 13,833.00 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,676.56 STAPLES ADVANTAGE SUPPLIES 1,754.69 STERN OIL CO. FUEL 6,460.84 STURDEVANTS AUTO PARTS PARTS 233.18 THE EQUALIZER ADVERTISING 250.00 THE GROWLER STATION, INC LICENSING FEE/MAINTENANCE 749.97 THE UPS STORE #6751 SHIPPING 134.22 TITLEIST DRAWER CS MERCHANDISE 6,555.28 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 29.36 UNITED PARCEL SERVICE SHIPPING 12.43 US POSTMASTER POSTAGE FOR UTILITIES 950.00 USD MARKETING & U RELATIONS MERCHANDISE 145.97 VERMILLION ACE HARDWARE MERCHANDISE 143.68 VERMILLION AREA COMM FOUNDATION ROUND-UP PROGRAM 263.28 VERMILLION CHAMBER OF COMMERCE ANNUAL CONTRIBUTION 50,000.00 YANKTON MEDICAL CLINIC PRE-EMPLOYMENT EXAM 166.00 Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda 18 A. Set a public hearing date of May 7, 2018 for a special permit to exceed permissible sound levels by no more than 50% by Habitat for Humanity, Clay & Yankton Counties at 310 Washington Street on or about July 26, 2018 for a Front Yard BBQ. 121-18 Alderman Price moved approval of the consensus agenda. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 122-18 Alderman Ward moved to adjourn the Council Meeting at 8:04 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of April, 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 ___________. 19