City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session May 21, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, May 21, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Mayor Powell Absent: Erickson, Meins, Ward 2. Educational Item - Human Relations Commission Ordinance Discussion – Addison McCauley Addison McCauley, Administrative Intern, handed out a draft of the ordinance to create a Vermillion Human Relations Commission based upon the direction from the Policies and Procedures Committee after review by Jim McCulloch, City Attorney. Jim McCulloch reported that the local commission could not refer a complaint to the state commission after 15 days of receipt of the complaint. Jim stated that the complainant can also file the complaint with the state commission but it must be filed within 180 days from the last occurrence. Addison reported that the Policies and Procedures Committee had requested all information be notarized and Jim McCulloch suggested changing that to all filings be made under oath. Discussion followed on the proposed ordinance with Jim McCulloch and Addison McCauley answering questions on the ordinance. The consensus of the City Council was to have consideration of first reading on the June 4th agenda. 3. Educational Item - Historic Preservation Ordinance Discussion – Jake Losinski Jake Losinski, Assistant to the City Manager, provided a handout of a draft ordinance for the creation of the Vermillion Historic Preservation Commission. Jake reviewed the draft ordinance as it applied to board members, meetings, procedures and duties of the commission. John Prescott, City Manager, thanked Susan Gray for her assistance with this draft ordinance. Discussion followed on the draft ordinance with the City Council consensus to include first reading of the ordinance on the June 4th agenda. 1 4. Educational Item - Amending the Definition of a Truck - Dan Voss Dan Voss, Administrative Intern, stated that the current definition of truck is any vehicle designed or operated for the transportation of property and whose body weight or whose combined body and load weight exceeds 6,000 pounds. Dan noted that there are quite a number of vehicles with combined body and load weight and event pickups with unloaded weight that exceed 6,000 pounds. Dan reported that, in checking with other cities, the SDDOT and SECOG use a combined weight of 10,001. Dan suggested changing the definition language for a truck to “Any vehicle used to transport passengers or property with a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight which exceeds 10,001 pounds. This definition applies to many types of vehicles, i.e., small package delivery vehicles, pick-up trucks with trailers attached, box trucks, straight trucks, etc.” Discussion followed with Dan answering questions of the City Council on the definition as well as enforcement. The consensus of the City Council was to include an ordinance to change the definition of a truck on the June 4th agenda. 5. Briefing on the May 21, 2018 City Council Regular Meeting City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 6. Adjourn 144-18 Alderman Sorensen moved to adjourn the Council special session at 12:38 p.m. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of May, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer 2 Unapproved Minutes City Council Regular Session May 18, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, May 21, 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 May 7, 2018 Regular Meeting; May 7, 2018 Special Meeting 145-18 Alderman Price moved approval of the May 7, 2018 Regular Meeting and May 7, 2018 Special Meeting minutes. Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 146-18 Alderman Price moved approval of the agenda. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Annual malt beverage license renewals Mike Carlson, Finance Officer, reported that the Notice of Hearing and the Police Chief’s report for the applicants are included in the packet. Mike noted that City ordinance requires a management plan upon re-application if a violation occurred since last renewal. Mike noted that the management plans from Casey’s Retail Company, Inc for Casey’s General Store Jefferson Street, Casey’s Retail Company, Inc for Casey’s General Store Princeton Street, Coyote Convenience, Inc, Fireworks Inc for Dakota Brick House, Jay-Ambre-7, LLC for Freedom Valu Ctr and Pump N Stuff were included in the packet. Mike noted the change in state law 3 effective July 1st with all the licenses now being retail on-off sale malt beverage. Mike stated that City Ordinance Section 112.2 titled Suitable Person subsection D provides that an applicant or principal in any business entity that is an applicant having an indebtedness to the City must satisfy said indebtedness before the City Council will consider an application for license issuance or renewal. Mike reported that Jay-Abre-7, LLC, operating Freedom Valu Center is in arrears on their utility billing and notice was provided to the owner and manager that the billing would need to be current prior to the license being reissued. Mike read the list of licenses that had applied for renewal and recommended that renewal of all licenses with the contingency on Jay-Ambre-7, LLC being current on their indebtedness to the City. Discussion followed. 147-18 Alderman Collier-Wise moved approval of the issuance of a retail on-off sale malt beverage license for Jay-Ambe-7, LLC for Freedom Valu Ctr at 830 E Cherry Street contingent upon the indebtedness to the City being current. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 148-18 Alderman Collier-Wise moved approval of the reissuance of the following malt beverage licenses: Re-issuance of Retail (On-Off Sale) Malt Beverage: Blue, Inc. for Little Italy’s at 831 East Cherry Street; Bunyan’s LLC for Bunyan’s Video Lottery at 1201 West Main Street Suite 106; Café Brule, Inc. for Café Brule at 24 West Main Street; Charcoal Lounge, Inc. for Charcoal Lounge at 6 & 8 West Main Street; City of Vermillion for The Bluff's Golf Course at 2021 East Main Street; City of Vermillion for Municipal Liquor Store 820 Cottage Avenue; Coyote Convenience, Inc. for Coyote Convenience at 116 East Cherry Street; D&D Foods, Inc for Hartford Steak Co Tavern at 7 Court Street; Dwight Iverson for Cherry Pit Stop at 23 East Cherry Street; Fireworks, Inc for Dakota Brick House at 15 West Main Street; Guo Wei Zheng for Asian Buffet at 404 Bower Street; Jon Donald Enterprises for Silk Road Café at 12 West Main Street; Mexico Viejo, Inc. for Mexico Viejo Mexican Restaurant at 432 E. Cherry Street; NPC International, Inc. for Pizza Hut #2788 at 928 East Cherry Street; OMA SHREE, LLC for Speedee Mart at 802 East Cherry Street; Prairie River, Inc. for R Pizza at 2 West Main Street; Pump N Stuff of Vermillion, Inc. for Pump N Stuff at 203 E Main St; Pump N Stuff of Vermillion, Inc. for Pump N Stuff VL room #2 at 203 E Main St; Red Steakhouse, Inc. for Red Steakhouse at 1 East Main Street; Sunset Oil, Inc. for Lucky 7 Casino at 629 Stanford Suite A; Sunset Oil, Inc. for Sunset Casino at 629 Stanford Suite B; Valiant Vineyard, Inc for Valiant Vineyard at 1500 West Main; Varsity Pub, LLC for The Varsity at 113 East Main Street; Vermillion Downtown Cultural Assoc. Inc. for Coyote Twin Theater at 10 East Main; Issuance of Retail 4 (On-Off Sale) Malt Beverage: Casey's Retail Company, Inc. for Casey's General Store#2806 at 615 Jefferson St; Casey's Retail Company, Inc. for Casey's General Store#3525 at 1302 Princeton St; HyVee Food Stores, Inc. for HyVee at 525 West Cherry Street; Maya Janes, Inc. for Maya Janes at 9 West Main Street; Wal-Mart Stores, Inc. for Wal-Mart Super Center #3734 at 1207 Princeton Street. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Retail on off sale malt beverage license including site transfer for Old Lumber Company, Inc for Old Lumber Company Grill and Bar at 11 and 15 Court Street and site transfer of retail on sale liquor license to include 11 Court Street Mike Carlson, Finance Officer, reported that Chad Grunewaldt has purchased the building at 11 Court Street and will be expanding the Old Lumber Company business into that location sometime this summer depending upon when the renovations are complete. Mike stated that the request is made up of two applications with the first for the renewal of the retail on-off sale malt beverage license at 15 Court Street with the site transfer to include 11 Court Street and the second for the site transfer of the retail on sale liquor license to include 11 Court Street. Mike noted that the expansion into 11 Court Street should be contingent upon the approval of occupancy by the Building Inspector. Mike stated that the Police Chief's memo is attached which states that there are no issues with this establishment that would affect holding a license. Mike reported that the City Council has the ability to renew or transfer a license on basically two criteria, suitable person and suitable location. Mike stated that the ownership has not changed and, as to location, there are currently licenses at 15 Court, 7 Court and 2 West Main. Mike noted for background, the liquor license for the Old Lumber Company, Inc was transferred to the Old Lumber Company, Inc in April 2012 and for all subsequent renewals, the motion to approve included the following condition “approval of the on-sale liquor and on-off sale malt beverage license to the Old Lumber Company, Inc. for the Old Lumber Company, at 15 Court Street for the interior of the building at said location”. Mike stated that the City Council will need to consider if it wants to continue to restrict the license to the interior of the building. Mike stated that Chad has submitted a letter requesting to have the restriction on his license for the interior of the building removed. Mike noted that the letter of request from Chad along with a list of neighbors he contacted is included in the packet. Mike reported that Chad has also submitted a building permit application to replace the elevator in the building that includes a mechanical room on the roof. Mike noted that with the elevator and mechanical room on the roof there would also be a set of stairs going from the first floor to the roof. Mike stated that the building permit 5 application also includes an enclosed structure on the roof with a bar and seating with doors leading to a roof patio area with the occupancy listed for the enclosed structure and patio area being 49. Mike stated that the request is to renew the retail on-off malt beverage license for 15 Court with the expansion to 11 Court and the site expansion of the retail liquor license to include 11 Court and if the restrictions to the interior of the building will continue. Mike stated that, if the site expansion is approved to 11 Court Street, it should be contingent upon approval of occupancy by the Building Inspector. Chad Grunewaldt, owner of Old Lumber Company, stated that he would answer any questions of the City Council and stated that he has a set of plans for the elevator and roof top area. Chad answered questions of the City Council and reviewed the plans for the elevator, stairs and roof top structure and patio. Chad stated that he would have cameras at all locations and the stairs would have alarm hardware to monitor who was entering. Discussion followed. 149-18 Alderman Ward moved approval of renewing the retail on-off sale malt beverage license for Old Lumber Company, Inc at 15 Court Street and the expansion into 11 Court Street contingent upon approval of occupancy by the Building Inspector without the restriction to the interior of the building. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 150-18 Alderman Ward moved approval of the site transfer of the retail on-sale liquor license for Old Lumber Company, Inc at 15 Court Street to include the expansion into 11 Court Street contingent upon approval of occupancy by the Building Inspector without the restriction to the interior of the building. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. C. Special daily malt beverage and wine license for the South Dakota Shakespeare Festival on or about June 7 to 10, 2018 at the Prentis Park band shell Mike Carlson, Finance Officer, reported that the South Dakota Shakespeare Festival has applied for a special daily malt beverage and wine license for the Shakespeare performances on June 7-10 at the Prentis Park band shell area. Mike stated 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 deems appropriate. Mike stated that Release and Indemnification releasing the City from liability for the 6 event has been provided. Mike stated that the certificate of insurance naming the City as additional insured with liquor liability has not been received at this time The Police Chief is recommending the following parameters be established: 1. Wristbands will be distributed by the volunteers when IDs are checked to ensure purchases and consumers are over 21 years of age. 2. The South Dakota Shakespeare Festival will provide ushers who will monitor both the purchase area and the audience grounds within the area delineated. Ushers will ensure that no one removes a beverage from the audience area or the fenced concession area. 3. The fenced concession area and the audience area will have posted signs instructing consumers not to remove alcoholic beverages from the two designated areas, and the direct path between them. Mike recommended approval of the special permit contingent upon the receipt of the certificate of insurance, unless information is presented at the public hearing. 151-18 Alderman Sorensen moved approval of the special daily malt beverage and wine license for the South Dakota Shakespeare Festival for the Shakespeare performances on June 7-10 at the Prentis Park band shell area contingent upon complying with the conditions as indicated by the Police Chief and receipt of a certificate of insurance naming the City as additional insured. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Special permit to exceed permissible sound levels by no more than 50% for the South Dakota Shakespeare Festival on June 4-10, 2018 from 6:00 p.m. to 10:30 p.m. and June 10, 2018 from 3:30 p.m. to 6:30 p.m. at the Prentis Park band shell amphitheater for Shakespeare Festival performances. Mike Carlson, Finance Officer, reported on receipt of an application to exceed permissible sound levels from the South Dakota Shakespeare Festival on Monday, June 4th through Saturday, June 9th from 6:00 p.m. to 10:30 p.m. and Sunday, June 10th from 3:30 p.m. to 6:30 p.m. for Shakespeare Festival rehearsal and performances in Prentis Park band shell area. Mike stated that the application and notice of hearing are included in the packet. Mike noted that there have been no reports of problems in prior years with the event. Mike noted that the special daily malt beverage and wine license was approved earlier on the agenda and the street closing request is later on the agenda. Mike recommended approval of the request unless information is presented at the public hearing. 7 152-18 Alderman Erickson moved approval of the special permit to exceed permissible sound levels by no more than 50% for South Dakota Shakespeare Festival in Prentis Park band shell area on June 4–9 from 6:00 p.m. to 10:30 p.m. and June 10th from 3:30 p.m. to 6:30 p.m. for Shakespeare festival rehearsal and performances. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. E. First Reading of Ordinance 1375 to Rezone the N 56’ of E 95.5’ of Lot 2, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from R-4 Residential District to R-3 Residential District and all of Lots 1 and 3, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (Also known as 800 Jefferson and 816 Jefferson). Jake Losinski, Assistant to the City Manager, reported that a petition for rezone has been submitted by Charles Kase Allison of Austree Apartments & Storage LLC, seeking to rezone the property located at three lots addressed as 800 Jefferson and 816 Jefferson from R-4 Residential District and GB General Business District to the R-3 Residential District. Jake reported that the petition and map of the property is included in the packet. Jake stated that two of the lots are zoned GB General Business and contain a total of three multifamily residential buildings, each containing 8 rental units and the third lot is currently zoned R-4 and contains a parking lot. Jake reported that the structures are non-conforming in the general business zoning district and the change proposed would bring the structures into compliance with the Zoning Ordinance. Jake reported that the Planning Commission considered this item at the May 14, 2018 meeting and recommends that the City Council approve the rezone. Discussion followed. 153-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Erickson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1375 entitled An Ordinance Amending the Zoning Map to Rezone the N 56’ of E 95.5’ of Lot 2, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from R-4 Residential District to R-3 Residential District and all of Lots 1 and 3, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District of the City of Vermillion, South Dakota has been read and the Ordinance 8 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 21st day of May, 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 Ward. 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. 7. Old Business A. Second Reading of Ordinance 1373 to Rezone Lots 1, 2, 7, & 8, Block 2, Replat of Sammelson’s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 519 Adams Street and 520 Prentis Street). Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 519 Adams Street and 520 Prentis Street to rezone from the R-2 Residential District to the R-3 Residential District. Jake reported that each property contains a single apartment building with 8 rental units. Jake stated that the R-2 Residential District allows for up to 4-plex multiple-family units thus the current structures would be nonconforming. Jake stated that this property adjoins R-2 and R-4 zoning districts. Jake reported that two letters of protest were received from neighboring property owners that were included in the packet. Jake reported that this zone change request was heard by the Planning Commission at their April 23, 2018 meeting with recommended approval. Jake reported the city has not received any comments since first reading on May 7 and recommended approval of the second reading of the ordinance. 154-18 Second reading of title to Ordinance No. 1373, entitled AN ORDINANCE Amending the Zoning Map to Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson’s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential 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. 1373 entitled an ORDINANCE Amending the Zoning Map Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson’s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District for the City of 9 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 7th day of May, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 21st day of May, 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 1375 AN ORDINANCE AMENDING CHAPTER 155, ZONING REGULATIONS, OF THE REVISED ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, SECTION 155.026 ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING THE N 56’ OF E 95.5’ OF LOT 2, BLOCK 1, SUMMERSET ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA, FROM R-4 RESIDENTIAL DISTRICT TO R-3 RESIDENTIAL DISTRICT AND ALL OF LOTS 1 AND 3, BLOCK 1, SUMMERSET ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE GB GENERAL BUSINESS DISTRICT TO THE R-3 RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE GOVERNING BODY OF VERMILLION, SOUTH DAKOTA: SECTION 1. That Section 155.026, Adoption of Official Zoning Map, is hereby amended as follows: That the N 56’ of E 95.5’ of Lot 2, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the R- 4 Residential District and included in the R-3 Residential District and all of Lots 1 and 3, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the GB General Business District and included in the R-3 Residential District (also known as 519 Adams Street & 520 Prentis Street). Dated at Vermillion, South Dakota this 21st day of May, 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 Humphrey. Thereafter, the question of the adoption of the Ordinance was put to a 10 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, Ward-Y, Mayor Powell-Y Motion carried 9 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. B. Second Reading of Ordinance 1369 to Repeal Sections 154.04.01 Rural Plats Outside of JJZA, 154.06.2 Conceptual Plans Rural, 154.07.2, Preliminary Plans Rural, 154.08.2 Final Plans Rural, 154.10.2 Design Standards – Land Design Rural, 154.11.2 Design Standards – Streets Rural, 154.12.2 Design Standards – Water Facilities Rural, 154.13.2 Design Standards – Sanitary Sewer Facilities Rural, 154.14.2 Design Standards – Sump Pumps Rural, 154.15.2 General Provisions and Assurances Rural, 154.16.2 Enforcement Rural Due to Adoption of Clay County Ordinance 2014-01 2014 Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections 154.01 through 154.16.1, by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection. Jose Dominguez, City Engineer, reported that this section of the ordinance is referred to as the Subdivision Ordinance. Jose reported that the current subdivision regulations were adopted in 2011 that completely amended the 1967 subdivision chapter of the Code of Ordinances. Jose reported that since 2011 the subdivision chapter has seen one minor amendment dealing with the creation of private roads. Jose noted that the subdivision chapter allows the City to plan for future growth, protect the public and promote harmonious development. Jose reported that the major items this amendment will address are the removal of the platting and design requirements for the land outside of the Joint Jurisdictional Zoning Area, and the changes to the section dealing with access to streets and roads. Jose reported that, since the adoption of Ordinance in 2011, Clay County adopted a subdivision ordinance that addresses development outside of the City and County Joint Jurisdictional Zoning Area in 2014. Jose noted that another part that has been changed extensively is the subsection dealing with Access to Streets and Roads. Jose stated that this subsection controls the number of access points to a street from building lots with the goal to minimize the number of street cuts in order to maintain a safe environment for the general public while preserving an acceptable level of traffic capacity on the streets. Jose reported on the public meeting held to review the proposed ordinance as well as meetings with the Planning Commission and City Council. Jose reported that he has received no comments since first reading on May 7th and recommended approval of the second reading of the ordinance. Discussion followed. 11 155-18 Second reading of title to Ordinance No. 1369, entitled An Ordinance to Repeal Sections 154.04.01 Rural Plats Outside of JJZA, 154.06.2 Conceptual Plans Rural, 154.07.2, Preliminary Plans Rural, 154.08.2 Final Plans Rural, 154.10.2 Design Standards – Land Design Rural, 154.11.2 Design Standards – Streets Rural, 154.12.2 Design Standards – Water Facilities Rural, 154.13.2 Design Standards – Sanitary Sewer Facilities Rural, 154.14.2 Design Standards – Sump Pumps Rural, 154.15.2 General Provisions and Assurances Rural, 154.16.2 Enforcement Rural Due to Adoption of Clay County Ordinance 2014-01 2014 Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections 154.01 through 154.16.1, by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection of the City of Vermillion, South Dakota referred to as the Subdivision Ordinance. 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. 1369 entitled the Subdivision Ordinance 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 7th day of May, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 21st day of May, 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 and that note of the fact of adoption shall be published once a week for two successive weeks in the official newspaper in the manor prescribed by SDCL 9-19-7 and 11-4-5. Dated at Vermillion, South Dakota this 21st day of May, 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 Meins. Thereafter, the question of the adoption of the Ordinance was put to a roll call 12 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, Ward-Y, Mayor Powell-Y Motion carried 9 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Business Improvement District No. 1 appointment Mayor Powell reported that there is a vacancy on BID Board 1 due to the resignation of Kyle Eberts who’s term expires in 2019. Mayor Powell reported that there is an expression of interest form from William Marketon and recommended appointing him to BID Board 1. 156-18 Alderman Erickson moved approval of the appointment of William Marketon to the BID Board 1 with a term expiring in 2019. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Business Improvement District No. 2 appointments Mayor Powell reported that the BID District 2 was created in April, 2017 for the Central Business District. Mayor Powell stated that the BID Board 2 is to consist of five members and there are five expression of interest forms received. Mayor Powell recommended the appointment to BID Board 2 of Michelle Maloney, Patrick Morrison, Paul Roob, Phyllis Packard and James Waters. 157-18 Alderman Erickson moved approval of the appointment of Michelle Maloney, Patrick Morrison, Paul Roob, Phyllis Packard and James Waters to the initial BID Board 2. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. C. Request to close East Main Street from Plum Street to Walker Street from June 7, 8 and 9 from 7:00 p.m. to 10:00 p.m. and Sunday, June 10, 2018 from 4:00 p.m. to 7:00 p.m. and removal of parking on E. Main Street from Plum Street to Walker Street for South Dakota Shakespeare Festival Event Dan Voss, Administrative Intern, reported that South Dakota Shakespeare Festival has submitted a request to close Main Street from Plum Street to Walker Street from 7:00 p.m. to 10:00 p.m. on June 7, 8, and 9, 2018 and 4:00 p.m. to 7:00 p.m. on Sunday June 10, 2018 for the Shakespeare 13 Festival performance. Dan stated that this closing is less than last year as the request is to Walker Street. Dan noted that they are also requesting to remove the on-street parking on E. Main Street along Prentis Park on June 4 – 10, 2018 to prohibit vehicles from parking next to the production area. Dan noted that the organization will man the street closing barricades to allow emergency vehicles access. 158-18 Alderman Erickson moved approval of the request of South Dakota Shakespeare Festival to close Main Street from Plum Street to Walker Street on June 7, 8, and 9, 2018 from 7:00 p.m. to 10:00 p.m., June 10, 2018 from 4:00 p.m. to 7:00 p.m. and to remove parking on Main Street from Plum Street to Sycamore Street on June 4 – 10, 2018. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Request to utilize Bed, Board and Booze vs. Second Penny funds for a portion of Vermillion Now 2! pledge John Prescott, City Manager, reported that in 2014 the City pledged $500,000 to the Vermillion Now 2! Initiative with the funding to be paid over five budget years beginning with 2015. John noted that $250,000 of the pledge would be paid in equal installments of $50,000 from the Bed, Board, and Booze fund each year and the second $250,000 of the pledge would come from the Second Penny fund and be used for eligible capital expenditures. John reviewed the allowed use for BBB sales tax and Second Penny sales tax. John reported that none of the $250,000 pledged from Second Penny funds for the Vermillion Now 2! Campaign have been paid at this point as a qualifying project has not been presented. John reported that the VCDC is in the final months of the building renovation of 2 East Main Street. John stated that the VCDC has requested to use $100,000 of the Vermillion Now 2 Pledge to help complete this building renovation project. John noted that the 2 East Main building will include entrepreneurial space, the Charlie’s store, visitor center and chamber offices. John noted that Staff does not believe that renovation of the building fits within the parameters of 2nd Penny funds since the City will not own the building while the visitor’s center, entrepreneurial space, and Chamber office would be related to promotion of the community and economic development purposes that would fit within the BBB sales tax usages. John recommended approval of utilizing $100,000 of BBB funds in place of Second Penny funds pledged to the Vermillion Now 2! campaign for the 2 East Main project. Discussion followed. 159-18 Alderman Erickson moved approval of utilizing $100,000 of BBB funds in place of Second Penny funds pledged to the Vermillion Now 2! campaign 14 for the 2 East Main project. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. E. Declare an Onan Generator Surplus Shane Griese, Utility Manager, reported that the 1971 Onan generator used as a backup generator in the Wastewater Department is no longer being used by the Department. Shane requested that the generator be declared surplus, appraised by the Surplus Property Appraisal Committee to be sold by sealed bids. 160-18 Alderman Erickson moved to declare the 1971 Onan Generator as surplus, authorize the appraisal by the Surplus Property Appraisal Committee for sale by sealed bids. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. F. Declaring 5 – MSA Airpacks Surplus Matt Callahan, Fire Chief, reported that in 2016 the City received a grant to purchase 25 SCOTT Airpacks. Matt stated that five of our existing airpacks did not meet replacement criteria and were kept in inventory. Matt stated that these five airpacks are not compatible with the new airpacks and requested they be declared surplus, appraised by the Surplus Property Appraisal committee to be sold by sealed bids. 161-18 Alderman Sorensen moved to declare the 5 MSA airpacks as surplus, authorize the appraisal for the Surplus Property Appraisal Committee for sale by sealed bids. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported that City offices will be closed on Monday, May 28th for Memorial Day. B. John reported that the Planning Commission meeting would be next Tuesday, May 29th due to the Monday holiday. John stated that the items for consideration on the agenda include: zone change for 720 N University from GB to R-3; zone change for 707 & 713 N Plum from GB to R3; Bed & Breakfast to amend zoning code for 5 units to be permissible vs the current 4 units. 15 C. John reported that some of the Prentis Park playground is closed until mid-June as a new swing set is installed, a play structure is relocated, a protective border is installed, and ADA compliance wood chips are placed around the equipment. John reported that Prentis Plunge is scheduled to open on Saturday, May 26th at 1:00 p.m. if weather permits. D. John reported that he had been contacted by a Verizon representative for a tower to be located along the west side of Market Street. John stated that the options were handed out for City Council feedback as the landowner representatives to assist in preparing the application for consideration. John asked if Council members could contact him with their selection. E. John reported that the following raffle requests were approved: The Vermillion Rotary club will be selling rubber ducks for $2. Each duck will be assigned a number. The ducks will be sent down a slide at Prentis Plunge. After completing a lap around the lazy river, the winning ducks will be selected. Prizes are valued at $100. Proceeds from the raffle will be used by Rotary for improvements at Rotary Park. Vermillion High School Booster club is selling raffle tickets at $20 each, 3 for $50, or 7 for $100 for a 2017 Polaris Ranger 570 valued at $11,000. Tickets will be sold until the drawing on October 10, 2018. Proceeds from the raffle will go towards improvements at the Veterans Sports Complex. American Legion Wallace Post 1 is selling bags for $1 each or 7 bags for $5. Sink the most bags during Bags (Corn Hole) tournament at Ribs, Rods and Rock N Roll on Sept 7 & 8 will win ½ of the pot. The proceeds will be used for The American Legion’s 100th Anniversary celebration in April of 2019. PAYROLL ADDITIONS AND CHANGES Police: Matthew Davis $22.62/hr; Street: Ryan Fishbach $17.28/hr; Ambulance: Claire Hoogland $8.85/hr-$13.27/holiday hr-$8.85/training, Madeline Fest $12.60/FTO, Jess Wahlgren $8.85/hr-$8.85/training- $13.27/holiday hr; Recreation: Cole Anderson $9.00/hr, Carter Larson $9.00/hr; Pool: Ernst Coriolan $9.00/hr, Michael Kopren $11.00/hr, Peyton Halverson $9.00/hr, Trey Livermont $9.00/hr, Ezra Voight $9.00/hr; Parks: Michelle Gentry $9.00/hr, Nicholas Lubbers $9.00/hr; Mosquito: Josh Haaland $9.50/hr; Library: Chelsea Gilbertson $9.00/hr; 16 Golf Maintenance: Ryan Husby $9.25/hr, Jessica Rogers $9.25/hr; Light: Cole Christopherson $9.50/hr, Dennis Davis $.30/meter, Teresa Gilbertson $.30/meter; Water: Shamar Jackson $9.25/hr, Wade Mount $24.24/hr 11. Invoices Payable 162-18 Alderman Ward moved approval of the following invoices: AT&T Mobility mobile hot spots 422.02 Broadcaster Press advertising 2,211.45 Brunick's Service Inc fuel 6,715.80 Buhl's Cleaners mat/mop svc 482.90 Bureau Of Administration telephone 376.20 Campbell Supply supplies 49.08 Cask & Cork merchandise 382.00 Centurylink telephone 1,581.07 Chesterman Co merchandise 1,036.78 City Of Vermillion landfill vouchers 540.00 Clay Rural Water System water usage 43.60 Clay-Union Electric Corp electricity 1,616.00 Corelogic refund overpayment 327.28 Dakota Beverage merchandise 12,271.72 DENR landfill loan payments 25,905.39 Dept Of Revenue malt beverage license 300.00 Dept. Environment Natl Res landfill operations fee 3,519.39 First National Bank bond payment 35,408.75 Fred Haar Co, Inc parts 693.42 Global Dist. merchandise 423.65 Government Finance Officers Assoc annual report fee 435.00 Gregg Peters managers fee 6,000.00 Jerry's Chevrolet car, pickup, tahoe 76,441.00 John A Conkling Dist. merchandise 6,310.12 Johnson Brothers Of SD merchandise 14,714.51 Jones Food Center supplies 359.17 Karsten Mfg Corp merchandise 643.88 Loren Fischer Disposal haul cardboard 1,010.00 Mart Auto Body towing 1,650.00 Matheson Tri-Gas, Inc cylinder rental 19.95 MidAmerican gas usage 5,131.11 Midcontinent Communication internet/cable service 748.68 Print Source supplies 118.00 Redi Towing towing 75.00 17 Republic National Distributing merchandise 5,035.82 Reserve Account postage for meter 900.00 SD Public Assurance Alliance insurance coverage 57,881.73 Southern Glazer's Of SD merchandise 1,304.92 Staples supplies 1,833.63 Stern Oil Co. fuel 9,538.65 Sturdevants Auto Parts parts 465.32 Titleist Drawer Cs merchandise 3,908.89 United Parcel Service shipping 11.02 Us Postmaster postage for meter 1,000.00 Vermillion Chamber Of Commerce TIF 5, bid#1, contribution 91,468.15 Zep Sales & Service supplies 73.13 Jim McCulloch Bright Energy Rebate 250.00 John Jordt Bright Energy Rebate 350.00 Kalins Indoor Comfort Bright Energy Rebate 400.00 Gerald Peterson Bright Energy Rebate 625.00 Bonnie Rowland Bright Energy Rebate 500.00 Tom Davies Bright Energy Rebate 625.00 Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of June 4, 2018 for a retail on-off sale malt beverage license and a retail on-off sale wine license for Circle 13, LLC for Westside Inn at 1313 West Cherry Street 163-18 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 164-18 Alderman Ward moved to adjourn the Council Meeting at 8:03 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of May, 2018. 18  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