City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session June 4, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, June 4, 2018 at 12:00 noon at the City Hall second floor conference room but, due to the number in attendance, the Mayor requested that the meeting be relocated to the Council Chambers. 1. Roll Call Present: Collier-Wise (arrived 12:17 p.m.), Holland, Humphrey, Price, Sorensen, Mayor Powell Absent: Erickson, Meins, Ward 2. Visitors to Be Heard - None 3. Presentation of Police and Fire / EMS awards Matt Betzen, Police Chief, presented Anthony Klunder with the Department Community Service Award. Matt reviewed the accomplishments noting that Anthony went above and beyond for the community. Matt Betzen, Police Chief, presented Police Department Lifesaving awards to Ryan Hough. Matt Callahan, Fire/EMS Chief presented the Fire/EMS Department Unit Citation Award to Asst. Chief Keith Thompson, Captain Anthoney Klunder, Captain Kellen Cusick, Captain Ryun Fischbach, Engineer Mike Murra, Firefighter/AEMT Danielle Portz, Firefighter/EMT Jonathan Aperans, Firefighter/EMT Jordan Leach, Firefighter/EMT Evan Rolling, Firefighter DeShaun Alexander, Firefighter Hunter Jackson, EMT Ali Gaul and EMT Dale Loudon. Matt stated the awards were for outstanding care of an individual that suffered a cardiac arrest on April 21, 2018. Evin Rolling, with Fire/EMS, presented the CPR awards from the American Heart Association to Ryan Hough with the Police Department and Michael Smith with the Clay County Sherriff’s Office, for the lifesavings event on April 21, 2018. 4. Educational Item – Potential code language to address pre-1976 mobile home relocation – Jake Losinski Jake Losinski, Assistant to the City Manager, reviewed the mobile home placement standards ordinance which does not allow mobile homes that do not meet the safety standards adopted June 15, 1976 to be moved. Jake 1 noted that the request to rezone 807 Cottage and 23 East Duke could displace the mobile homes as a number do not meet this standard. Jake reviewed the proposed changes to the ordinance that would allow an exception to move mobile homes located in the city limits on or before February 5, 2007 after being inspected by the building official as to being safe to occupy and the City Manager determines that the mobile home is being placed due to or in anticipation of closure of the mobile home court in which it is located. Alderman Collier-Wise arrived 12:17 p.m. Jake noted that this exception would allow older trailers to be moved if the mobile home court is being closed. Discussion followed with Jake noting that, as this section is in the zoning ordinance, the Planning Commission will need to hold a public hearing to consider any change to the ordinance. The consensus of the City Council was to move forward with the ordinance change. 5. Educational Item – Potential code language to amend existing code language regarding the discharge of firearms - Dan Voss Dan Voss, Administrative Intern, reported that the current City code makes it unlawful for any person to discharge or shoot off any gun, pistol, air gun, or other device forcing though the air missiles or projectiles of any character within the city. Dan noted that 4-H has a shooting sports group that use bb guns and archery in the building at the 4-H grounds and have made an inquiry about hosting events. Dan noted that the ordinance currently has an exception for any law enforcement, licensed shooting galleries and rifle ranges. Dan stated that it is proposed to include a section of exceptions to include law enforcement, city animal control officers, shooting galleries, archery on authorized indoor or outdoor target range, special events and a temporary use for events. Dan noted that the Police Department will inspect facilities and approval would be provided by the City Manager for an exception license. Discussion followed on the proposed ordinance with Dan handing out a draft. The consensus of the City Council was to move forward with the ordinance change. 6. Informational Item – Credit card payments for utility bills – Mike Carlson Mike Carlson, Finance Officer, reported that the Finance Office would like to start accepting credit and debits cards for payment of utility bills as well as other City services. Mike stated that the he would like to contract with Payment Services Network (PSN) whereby they would process the card payments with the card processing fee passed along to the card user. The fee is 2.75% for amounts over $100 and is $.50 plus 2 2.75% for amounts less than $100. Mike reported that the PSN system will also allow the payment of utility bills online, through a mobile app and over the phone. Mike stated that the PSN system is compatible with our accounting system with the purchase of the PSN module from Incode. Mike stated that the costs would be the set up fees and credit card terminals of about $1,600 and the software module for $5,000. Mike reported that the City Attorney is reviewing the agreement presented by PSN. Mike answered questions of the City Council on the proposal with the consensus of the City Council to move forward with the card proposal. 7. Briefing on the June 4, 2018 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 8. Adjourn 165-18 Alderman Sorensen moved to adjourn the Council special session at 12:45 p.m. Alderman Price seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 4th day of June, 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 June 4, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday June 4, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call 3 Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell 2. Pledge of Allegiance 3. Minutes A. Minutes of May 21, 2018 Regular Meeting; May 21, 2018 Special Meeting 166-18 Alderman Collier-Wise moved approval of the May 21, 2018 Regular Meeting and May 21, 2018 Special Meeting minutes. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 167-18 Alderman Collier-Wise moved approval of the agenda with the correction of the date in 6E from July 28th to July 21st. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings 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 Mike Carlson, Finance Officer, reported that applications were received from Circle 13, LLC for Westside Inn at 1313 West Cherry Street for a retail on-off sale malt beverage license for July 1, 2018 to June 30, 2019 and a retail on-off sale wine license that will expire December 31, 2018. Mike reported that the Police Chief's report and notice of hearing are included in the packet. Mike stated that the City Council has basically two criteria: suitable person and suitable location. Mike stated that the owners have submitted DCI background checks which the Police Chief reported no criminal record in South Dakota. Mike noted that as to location, a retail on-off sale malt beverage license had been issued to the previous owner. Mike recommended approval of the malt beverage and wine licenses unless something is presented at the public hearing that has not been included in the reports. Katherine 4 Peel owner answered questions of the City Council on the license request. 168-18 Alderman Collier-Wise moved approval of the retail on-off sale malt beverage license and retail on-off sale wine license for Circle 13, LLC for the Westside Inn at 1313 West Cherry. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. First reading of Ordinance 1378 amending Title XV Land Usage, Chapter 155, Section 155.080 amending Bed and Breakfast language to provide for five bedrooms, implement an average of ten guests per night, and delete a maximum length of stay Dan Voss, Administrative Intern, reported that the Planning Commission on March 26, 2018 approved a conditional use permit to operate a bed and breakfast at 221 East Main. Dan reported that the City Council approved a variance request to have five units instead of the four allowed by City code for a bed and breakfast at 221 East Main on April 2, 2018. Dan reported that the City Council requested an administrative review of the City code as it applied to bed and breakfast. Dan stated that a report was made at the May 7th noon special meeting where it was reported that the state administrative rule defined a bed and breakfast as having no more than five rental units for up to an average of ten guests per night and that the state administrative rule did not limit the length of stay as our City code does. Dan stated that the consensus of the City Council was to amend the City code to comply with the state administrative rules. Dan noted that, as the amendment would be in the zoning code, the Planning Commission held a public hearing on May 29th and recommended approval of the amendment. Dan noted that a public hearing was advertised for tonight for the City Council to consider the amendment. Discussion followed on the proposed change to the ordinance and the state administrative rules. 169-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1378 entitled An Ordinance amending Title XV Land Usage, Chapter 155, Section 155.080 amending Bed and Breakfast language to provide for five bedrooms, implement an average of ten guests per night, and delete a maximum length of stay 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 5 the City on this 4th day of June, 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. C. First Reading of Ordinance 1380 to Rezone Block 1, Urup’s University Addition, & the N 50’ of E 164.8’ of S 263’ E ½ NE ¼ 13-92-52, Misc, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (also known as 720 N University Street). Jake Losinski, Assistant to the City Manager, reported that the request to rezone 720 N. University from General Business GB to the R-3 Residential district was heard by the Planning Commission on May 29th with a recommendation of approval. Jake reported that the petition and maps of the property are included in the packet. Jake stated that the property owner had attempted to obtain the signatures needed to bring the zone change to the Planning Commission but, as the University of South Dakota makes up 96% of the aggregate area surrounding the property in question and did not sign the petition, the property owner requested assistance from the Planning Commission. Jake reported that the Planning Commission on April 20th voted to move forward with a City-initiated rezone that would waive the signature requirement. Jake reported that the property is adjacent to the University property on two sides and GB on two sides. Jake stated that the requested rezone would bring the property into compliance with the zoning ordinance. Discussion followed on spot zoning, the discussion by the Planning Commission and the impact if any on the adjoining property. 170-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1380 entitled An Ordinance Amending the Zoning ordinance Rezone Block 1, Urup’s University Addition, & the N 50’ of E 164.8’ of S 263’ E ½ NE ¼ 13-92-52, Misc, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District 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 4th day of June, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. 6 The motion was seconded by Alderman Erickson. 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. D. First Reading of Ordinance 1381 to Rezone Urup Tracts A and B of Lot 2, Gov’t Lot 1 SE ¼ NW ¼ 18-92-51, Misc, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (also known as 707 N Plum and 713 N Plum Street) Jake Losinski, Assistant to the City Manager, reported that the request to rezone 707 N. Plum and 713 N. Plum Street form General Business GB to the R-3 Residential district was heard by the Planning Commission on May 29th with a recommendation of approval. Jake reported that the petition and maps of the property are included in the packet. Jake stated that the property owner had attempted to obtain the signatures needed to bring the zone change to the Planning Commission but, as the University of South Dakota makes up 70% of the aggregate area surrounding the property in question and did not sign the petition, the property owner requested assistance from the Planning Commission. Jake reported that the Planning Commission voted to move forward with a City-initiated rezone that would waive the signature requirement. Jake reported that the property is adjacent to the University property, GB and R-4. Discussion followed. 171-18 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. 1381 entitled An Ordinance Amending the Zoning ordinance Rezone Urup Tracts A and B of Lot 2, Gov’t Lot 1 SE ¼ NW ¼ 18-92-51, Misc, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District 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 4th day of June, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Collier-Wise. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7 E. Special daily malt beverage and wine license for the Vermillion Cultural Association on or about June 23, June 28, July 21 and August 18, 2018 at 4 West Main Street Mike Carlson, Finance Officer, reported that an application was received from the Vermillion Cultural Association for a special daily malt beverage and wine license on or about June 23, June 28, July 21 and August 18, 2018 at 4 West Main Street for Raise the Roof fund raising events. Mike stated that the Police Chief's report indicated that they would be carding and using wristbands for the event. Mike recommended approval of the special daily license unless something is presented at the public hearing that has not been included in the reports. Shannon Cole, representing the Vermillion Cultural Association, thanked the City Council for consideration of their special license request. Shannon answered questions on the City Council on the events planned. 172-18 Alderman Collier-Wise moved approval of the special daily malt beverage and wine license for the Vermillion Cultural Association on or about June 23, June 28, July 21 and August 18, 2018 at 4 West Main Street for Raise the Roof fund raising events. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 7. Old Business A. Second 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 the petition was to rezone the property at 800 Jefferson and 816 Jefferson from GB General Business to R-3 Residential District. The City Council held first reading of the ordinance on May 21, 2018. Jake stated that the petition and maps are included in the packet. 173-18 Second reading of title to 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 8 County, South Dakota, from GB General Business 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 Holland moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the 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 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 21st 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 4th day of June, 2018 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. ORDINANCE 1375 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV LAND USAGE; CHAPTER 155, ZONING REGULATIONS; 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 the City of Vermillion, South Dakota that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, be 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 800 Jefferson Street and 816 Jefferson Street). Dated at Vermillion, South Dakota this 4th day of June, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA 9  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 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. 8. New Business A. First Reading of Ordinance 1376 amending City of Vermillion Code of Ordinances, Title III Administration, Chapter 32 to create, provide the structure for, and responsibilities of a Historic Preservation Commission John Prescott, City Manager, reported that Susan Gray had contacted the City last year about establishing a City Historic Preservation Commission. John stated that other cities in South Dakota have historic preservation commissions and noted that Clay County has a historic preservation commission. John reported that that the City worked with Susan Gray to draft the proposed ordinance which is attached for consideration. John reported that the model historic preservation ordinance provided by the State was utilized as the starting point for drafting the proposed ordinance. John reported that the proposed ordinance provides for the creation of, the structure for, and responsibilities of a City Historic Commission that is in compliance with the provisions of SDCL 1-19B. John stated that the ordinance provides the purpose, membership of the board, meetings, rules, records and establishes procedures and duties of the board. John noted that the board will consist of seven members that reside within the city, with three members being property owners in officially designated Historic Districts while two members are to have expertise in the disciplines of history, architectural history, architecture, planning, urban planning, American studies, American civilization, cultural geography, cultural anthropology, or related fields. John stated that the draft ordinance was presented to the City Council at the May 21st noon meeting with the consensus to bring the ordinance forward for consideration. John recommended consideration of first reading of Ordinance No. 1376 to create a city Historic Preservation Commission. 10 Susan Gray thanked the City Council for considering the creation of a City Historic Preservation Commission. Susan reviewed the reasons as well as the benefits of a City Historic Preservation Commission. Susan stated that there are four historic districts within the city and the proposed ordinance has three members being owners of property within in the four districts. Susan felt that the commission should have a representative from each of the historic districts, noting that owner residents would be best for the residential historic districts while an owner operator would be best for the downtown district. Discussion followed with John Prescott stating that the City Attorney did not feel that owner resident could be a requirement to be on the board. Discussion followed to have four members of the board be from the historic districts. 174-18 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. 1376 entitled An Ordinance amending City of Vermillion Code of Ordinances, Title III Administration, Chapter 32 to create, provide the structure for, and responsibilities of a Historic Preservation Commission 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 4th day of June, 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 Erickson. 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. B. First Reading of Ordinance 1377 amending City of Vermillion Code of Ordinances, Title III Administration, Chapter 32 to create, provide the structure for, and responsibilities of a Human Relations Commission Addison McCauley, Administrative Intern, reported that over the last six months, the City Council and staff have been reviewing potential ordinance language to establish a Human Relations Commission as provided for in state statutes SDCL 20-12-5. Addison reported that the proposed ordinance would establish a Human Relations Commission comprised of seven individuals with six serving staggered three-year terms and the seventh position reserved for a student enrolled in a post-secondary educational institution for a one year term. Addison reported that the Commission would disseminate information and conduct 11 public meetings regarding diversity recognition and anti-discriminatory practice, engage and cooperate with persons in organizations interested in similar objectives, and otherwise act to promote human and civil rights for all citizens and visitors of Vermillion. Addison reported that the Commission will receive verified complaints and serve a notice of receipt to the complainants, and a copy of the complaints upon the respondents for a verified answer. Addison noted that the Commission may dismiss a complaint or investigate if there is probable cause that the discriminatory act took place, and may hold a pre-determination conference with the complainant and/or respondent in order to do so. Addison stated the Commission can then make a determination of probable cause holding that the discriminatory act either did or did not likely take place. Addison noted that each party would be notified of the determination of probable cause and, if appropriate, the complainant can be referred to the State Human Rights Commission for further action and/or other appropriate resources. Addison noted that either party has the right to request that the Human Relations Commission transfer the matter to the State Human Rights Commission within 15 days of the receipt of, or notice of receipt of, a verified complaint, and either party has the right to transfer the matter to a court of competent jurisdiction at any time. Discussion followed. Addison recommended first reading of Ordinance 1379 to create a Human Relations Commission. Aaron Kerkhove, resident, stated that he supported the adoption of this ordinance and thanked the City Council and staff for developing the ordinance. Joe Vito Moudry stated that as a transfer student he was glad to hear the ordinance was being considered as it showed the City Council was concerned about all the citizens in the community. Discussion followed on the proposed ordinance with the suggestion to add “whether” to section 32.54 (D). 175-18 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. 1377 entitled An Ordinance amending City of Vermillion Code of Ordinances, Title III Administration, Chapter 32 to create, provide the structure for, and responsibilities of a Human Relations Commission 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 4th day of 12 June, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Collier-Wise. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. C. First Reading of Ordinance 1379 amending City of Vermillion Code of Ordinances, Title VII Traffic Code, Chapter 70, Section 70.110 to amend the definition of a Truck Dan Voss, Administrative Intern, reported that the city code currently contains an out of date and less comprehensive definition of the term “Truck” than what would be preferred by the Police Department for enforcement of the ordinance. Dan stated that this regulation has been found to be problematic by City Administration when receiving complaints of large vehicles parked on residential streets in Vermillion, which arises from a lack of clarity in the definition of a truck. Dan noted that the existing definition for 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 this is problematic for enforcement because the weight of some common vehicles found in Vermillion exceed the current weight definition. Dan stated that the proposed ordinance would increase the limit to exceed 10,001 pounds that is the same as used by the US Department of Transportation. Dan noted that the proposed ordinance change was reviewed at the noon meeting with the consensus to bring the ordinance change to the Council for consideration. Discussion followed. 176-18 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. 1379 entitled An Ordinance amending City of Vermillion Code of Ordinances, Title VII Traffic Code, Chapter 70, Section 70.110 to amend the definition of a Truck 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 4th day of June, 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 Humphrey. After discussion, the question of adoption of the Resolution was put to a vote of the 13 Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. D. Business Improvement District No.2 board appointment Mayor Powell reported that, since last meeting when five members were appointed to the BID board #2, Dr. Paul Roob has submitted his resignation and Martin Prendergast has submitted an expression of interest form. Mayor Powell recommended accepting the resignation of Dr. Paul Roob and appointing Martin Prendergast. 177-18 Alderman Erickson moved to accept the resignation of Dr. Paul Roob and appoint Martin Prendergast to the Business Improvement District No. 2 Board. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. E. Vermillion Housing Authority Board appointment Mayor Powell reported that Elizabeth Abbott’s current term on the Vermillion Housing Authority will be expiring at the end of June. Mayor Powell noted the opening was posted and Elizabeth Abbott was the only individual that completed the Expression of Interest form for the position. Mayor Powell recommended the reappointment of Elizabeth Abbott to a five-year term on the Vermillion Housing Authority Board. 178-18 Alderman Erickson moved approval of the Mayor’s recommendation of the reappointment of Elizabeth Abbott to a five-year term on the Vermillion Housing Authority Board. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. F. Utilities Committee report John Prescott, City Manager, reported that the minutes from the last two Utility Committee meetings were included in the packet. John reported that The Heights is building a 74 unit building to house 200+ residents on N. Dakota Street, noting that the developer would like to utilize a single master electrical meter for the residential uses in the building. John stated that current City code requires a separate electrical meter for all multi-family units within a structure. John noted that the City’s practice of a separate electric meter for each residential unit follows PUPRA (federal standards established in the late 1970s) and SD PUC guidelines established in the 1980s. John noted that the PUC predominantly governs investor owned utilities in the State noting the City is not governed by the PUC as it pertains to this issue and rate classification but the City’s code largely follows PUC, 14 PUPRA and other national guidelines. John stated that the Utilities Committee met with Heights representatives on May 16th to hear their request for a single master electrical meter. John noted that the PUC does provide for a variance from the individual meter requirement for dormitories and The Heights representatives have expressed how their project is like a dormitory and should be exempt from having individual electrical meters. John reported that the Committee’s recommendation on May 16th was for staff to review and develop code language for consideration to provide for a master meter for large, privately owned student housing project. John reported that at the May 30th meeting language was presented for consideration of the committee to be added to 51.22 Residential Service Rate a new section for exclusive student housing. John stated that the committee also reviewed a proposed rate that would add a per unit base charge to the large commercial customer charge and rate. John noted that no action can be taken at the meeting when the report of a committee is presented and that the ordinance change could be coming to a future meeting. Discussion followed on the proposed new residential service classification. 179-18 Alderman Price moved to acknowledge receipt of the Utility Committee Report. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. G. Set a special meeting date to Canvass June 5, 2018 Election results Mike Carlson, Finance Officer, reported that the City Council will need to canvass the City election results included with the primary election within one week of the election and as there is not a regular scheduled meeting a special meeting will be needed. Mike stated that the County will be canvassing the Primary results on Thursday and the School Board is having a special meeting on Thursday evening to canvass. Mike stated that he would be attending Finance Officer's School and asked if there would be a time on Monday or Tuesday for a special meeting either at noon or 5:15 p.m. Discussion followed with the consensus of the City Council to set a special meeting date of June 11, 2018 at 5:15 p.m. to canvass the election results. 9. Bid Openings A. Fuel quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on all four items. 15 Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $2.4571, Brunick’s Service $2.50; Item 2 – 1,000 gal unleaded: Stern Oil $2.6881, Brunick’s Service $2.74; Item 3 – 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $2.4233, Brunick’s Service $2.44; Item 4 - 1,000 gal No. 2 diesel fuel-clear: Stern Oil $2.7198, Brunick’s Service $2.74. 180-18 Alderman Price moved approval of the low quote of Stern Oil on all items. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Electric Transformers Shane Griese, Utility Manager, reported that bids were opened on May 23, 2018 for electric transformers to replenish inventory or to prepare for a specific project. Share reported that six bids were received from four suppliers. Shane reported that transformer bids are evaluated for operating losses over the transformer life cycle in determining the low bidder. Shane stated that the total base price is the initial cost to acquire the transformers, while the total evaluation price represents the total life cost of the transformers including operating losses. Shane stated that the low bidder on transformers is Irby Utilities Proposal #2 with an initial purchase price of $97,170.00 and a total evaluated bid of $162,864.80. Bids: Dakota Supply Group – Total base Price $115,974.00: Total Evaluation Price $ 181,198.80; RESCO proposal #1 – Total base Price $87,287.00: Total Evaluation Price $172,352.60; RESCO proposal #2 – Total base Price $88,508.00: Total Evaluation Price $173,432.20; Irby proposal #1 – Total base Price $91,630.00: Total Evaluation Price $179,216.60; Irby proposal #2 – Total base Price $97,170.00: Total Evaluation Price $162,864.80; WESCO – Total base Price $101,056.00: Total Evaluation Price $193,230.80; 181-18 Alderman Collier-Wise moved approval of the low bid on total evaluated price of Irby Utilities Proposal #2 with an initial purchase price of $97,170.00 and a total evaluated bid of $162,864.80. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported the City has hired a contractor to do smoke testing of portions of sanitary sewer lines which will take place June 12-15. John 16 reported that this is to detect leaks in the sanitary sewer system. John asked citizens that see any smoke entering your home or business to please contact the crew or City offices. B. John reported that the Planning Commission meets Monday, June 11th with the agenda including mobile home exception language for moving pre-1976 units and a neighborhood plan for the land where Madison Park townhomes and the adjacent property is located. John stated that the owner/developer of this property has prepared a plan for their property as part of a federal financing program application they are submitting later this year, C. John reported that the Prentis Park parking lot is scheduled to open on Wednesday if weather permits. John noted that the contractor will be completing a couple of final steps including striping before the opening. D. John reminded citizens that East Main Street between Plum and Walker Streets will be closed on Thursday, Friday and Saturday, June 7-9th from 7:00 p.m. to 10:00 p.m. and Sunday, June 10th from 4:00 p.m. to 7:00 p.m. for the South Dakota Shakespeare Festival performances. E. John reported that the City will be fogging for mosquitoes on Tuesday, June 5th or Wednesday, June 6th beginning at 9:00 p.m. John reported that the entire community will be fogged in one evening. John requested citizens that would like the equipment to not spray as it passes their property to please contact City Hall to be placed on the Do Not Spray list. PAYROLL ADDITIONS AND CHANGES Shannon Fitzsimmons – Rec: $9.25/hr; Samantha Hasenbank- Rec - $9.00/hr; Audrey Miiller -Rec - $9.25/hr; Neil Chapman - Rec - $9.00/hr; Beth Buckman - Rec - $9.00/hr; Brandon Mockler - Rec - $9.75/hr; Mallory Sievers - Rec - $9.00/hr; Rachel Brady - Rec/Pool - $9.00/hr; Sydney Schake - Rec/Pool - $9.00/hr; Mia Graham -Pool - $10.00/hr; Kianna Menan - Pool - $10.00/hr; Mackenzie Alverson - Pool - $13.00/hr; Hannah Johnson - Pool - $10.00/hr; Josh Bern - Pool - $9.00/hr; Rylie Kooima - Pool - $10.00/hr; Ashlyn Bickett - Pool - $9.00/hr; Meghan Buckman - Pool - $9.00/hr; Sarah Buckman - Pool - $9.00/hr; Destiny Arends - Pool - $10.50/hr; John Sweeney -Pool - $10.00/hr; Dawn Bergeson- Pool - $14.00/hr; Maria Callegari - Pool - $11.00/hr; Ross Dahlhoff - Pool - $10.25/hr; Baylee Prather - Pool - $10.75/hr; Tyler Mann - Pool - $9.00/hr; Boone Hollywood - Pool - $10.00/hr; Alisha Leber - Pool - $9.00/hr; Stacie VanDenBerg - Pool - $10.00/hr; Madison Mogck - Pool - $10.00/hr; Natalie Osheim - Pool - $9.00/hr; Chase Wright - Pool - $10.25/hr; Morgan Kerkman - Pool - 17 $10.00/hr; Tristan Meadows - Pool - $10.00/hr; Kayla Stammer - Golf Clubhouse - $9.25/hr; Mitchell Sand - Golf Maint - $9.00/hr; Brandon Steeneck - Light - $26.06/hr; Tanner Henkel - Water Dist. - $9.00/hr; Ryan Hage – Wastewater - $10.00/hr; Ryan Brunick - Landfill - $10.25/hr; Jim Zimmerman - Recycling - $21.05/hr 11. Invoices Payable 182-18 Alderman Erickson moved approval of the following invoices: 3D Specialties Inc supplies 1,772.65 Aaron McDowell meals reimbursement 139.00 Aaron Swan & Associates testing 2,966.25 Adapco, Inc supplies 2,838.16 Adidas America merchandise 269.28 Andrew Delgado meals reimbursement 196.00 Anna Cooper refund parking tckt overpmt 5.00 Appeara shop towels 45.00 Aramark Uniform Services uniform cleaning 417.82 Argus Leader Media #1085 subscription 25.00 Arrow International, Inc supplies 1,285.00 Banner Associates, Inc professional services 13,698.10 Bhs Marketing, LLC soda ash 6,776.00 Bierschbach Eqpt & Supply supplies 5,855.45 Bill Brown mowing 55.00 Blackstone Publishing books 100.00 Blick Art Materials books 167.28 Blue Valley Public Safety parts 232.83 Border States Elec Supply supplies 784.80 Bound Tree Medical, LLC supplies 1,850.37 Brandon Steeneck meals reimbursement 91.00 Brock White Co supplies 5,157.00 Bryan Beringer meals reimbursement 210.00 Burns & McDonnell professional services 5,172.00 Butch's Propane Inc propane 516.93 Butler Machinery Co. parts 2,807.93 California Contractors Supply gloves 718.20 Callaway Golf merchandise 545.11 Campbell Supply supplies 1,498.88 Carroll Construction Supply rental 312.89 Cassie Jackson refund recreation fees 105.00 CDW Government, Inc supplies 675.25 Century Business Products copier contract/copies 182.46 18 Centurylink telephone 696.72 Certified Laboratories supplies 507.15 Chad Christopherson meals reimbursement 91.00 Chesterman Co merchandise 479.62 CIT Group/Commercial Services merchandise 2,012.56 City Of Vermillion postage/copies 1,337.68 City Of Vermillion utility bills 36,699.67 Clay County Auditor election 2,800.00 Coffee King, Inc supplies 62.75 Colonial Life Acc Ins. insurance 2,767.44 Concrete Materials golf sand 827.06 Convergint Technologies LLC repairs 372.45 Core & Main LP supplies 34,441.96 Cornhusker International Trucks parts 28.80 CorTrust Bank TIF #6 payment 9,864.19 Cox Auto Supply parts 67.38 Coyote Chemical Company supplies 196.00 Crop Production Services supplies 52.48 D-P Tools supplies 139.11 Dakota Beverage merchandise 5,584.55 Dakota Hospital Foundation TIF #6 payment 9,864.19 Dakota Pc Warehouse supplies/monitor 283.43 Danko Emergency Equipment compressor/fill station 45,625.24 Delta Dental Plan insurance 6,342.28 Dennis Martens maintenance 833.34 Dept Of Revenue testing 165.00 DGR Engineering professional services 7,334.38 Diamond Vogel Paints white traffic paint 2,151.75 Division Of Motor Vehicle title/plates 74.80 Eagles advertising-convention book 75.00 Earthgrains Baking Co's Inc supplies 191.27 Ebsco subscriptions 2,795.41 Echo Electric Supply supplies 3,287.17 Embroidery & Screen Works uniform shirts 384.75 Environmental Products supplies 326.09 Farmer Brothers Co. supplies 142.30 Farner Bocken Company merchandise 8,126.33 Fast Auto Glass repairs 731.00 Fastenal Company supplies 77.89 First Bank & Trust TIF #6 payment 9,864.19 First Dakota National Bank TIF #6 payment 9,864.19 First Rate Excavate, Inc Prentis lift contract 351,930.70 Fred Balleweg meals reimbursement 111.00 19 Fred Haar Co, Inc repairs 1,849.81 Gary’s Tree Service, Inc stump grinding 1,373.00 Global Equipment Company supplies 199.96 Graham Tire Co. tires 610.69 Graymont Capital Inc chemicals 4,066.20 Gregg Peters freight 1,567.20 Gregg Peters rent 937.50 Guarantee Roofing & Siding repairs 664.00 Guggenmos & Associates supplies 910.00 Hach Co supplies 1,661.93 Hampton Inn lodging 472.50 Hansen Locksmithing repairs 149.00 Harland Technology Service printer ribbons 131.30 Hartington Tree LLC tree placement 585.00 Hauff Mid-America Sports supplies 1,992.00 Hawkins Inc chemicals 5,531.60 Helms & Associates professional services 3,187.17 Henderson Exhaust Plus supplies 48.00 Herren-Schempp Building supplies 100.36 High Point Networks professional services 348.75 Holiday Inn Express lodging 189.98 Hy Vee Food Store supplies 327.84 In Control, Inc parts 1,825.69 Independence Waste waste hauling 1,259.50 Ingram books 3,476.94 Jacks Uniform & Eqpt uniform shirts 1,063.13 Janel Even refund rec. fee 10.00 Jill Nielsen refund rec. fee 10.00 Jim Balleweg safety glasses reimb 141.30 Jim Goblirsch flowers reimbursement 256.46 John A Conkling Dist. merchandise 3,788.85 Johnsen Heating & Cooling repairs 1,757.29 Johnson Brothers Of SD merchandise 15,163.99 Johnson Controls repairs 1,658.01 Jones Food Center supplies 343.02 Kalins Indoor Comfort repairs 810.50 Karsten Mfg Corp merchandise 311.66 Kenny Wapniarski meals reimbursement 53.00 Key Contracting, Inc manhole lining/mobilization 43,195.00 Knife River Midwest, LLC asphalt 423.15 Kyle Hoisington meals reimbursement 111.00 Laynes World plaques 99.72 Leisure Lawn Care professional services 110.00 20 Lessman Elec. Supply Co supplies 569.20 Library Ideas books 109.85 Lindsey Weich refund parking tckt overpmt 10.00 Locators And Supplies, Inc supplies 986.66 Loren Fischer Disposal load/haul cars 100.00 Louies Carpet Cleaning, Inc carpet cleaning 330.27 Mainland Engraving LLC medals/ribbons 90.20 Malloy Electric parts 5,515.00 Mart Auto Body towing 900.00 Masaba, Inc score board poles 496.80 Masonry Components Inc Prentis park sidewalk 55,193.90 Matheson Tri-Gas, Inc supplies 696.28 Matthew R Callahan meals reimbursement 139.00 McCulloch Law Office professional services 1,983.40 McLeods Printing supplies 478.54 Mead Lumber supplies 184.12 Medical Waste Transport, Inc haul medical waste 123.91 Micro Marketing LLC books 92.00 MidAmerican service line-Prentis lift 1,006.12 Midwest Alarm Co alarm monitoring 66.00 Midwest Ready Mix & Equipment supplies 797.00 Midwest Turf & Irrigation parts 1,031.77 Midwest Wheel Companies parts 1,038.96 Minn Municipal Utility Assoc. testing materials 621.00 Missouri River Energy Services SPP filing/registration 98,578.26 Missouri Valley Maintenance repairs 2,637.75 Moore Welding & Mfg sign posts 1,521.90 Mowbility Sales & Services repairs 383.79 Nada Used Car Guide subscription 125.00 NCL Of Wisconsin, Inc supplies 950.26 Netsys+ professional services 2,572.00 Newman Signs, Inc supplies 1,172.40 Office Systems Co copier contract/copies 1,082.53 Overhead Door Of Sioux City repairs 1,425.00 Pauls Plumbing repairs 773.62 PCC, Inc commission 3,054.54 Penworthy Company books 157.45 Pepsi Cola Of Siouxland merchandise 1,431.90 Pressing Matters supplies 213.00 Presto-X-Company inspection/treatment 106.00 Prochem Dynamics supplies 295.96 Property Maintenance Service mowing 166.25 Quality Motors alignment 77.25 21 Quill supplies 453.91 Rachelle Sudbeck refund rec. fees 110.00 Racom Corporation maintenance contract 456.81 Recorded Books, Inc books 491.00 Redi Towing towing 75.00 Reel Sharp repairs 1,355.00 Reinhart Foodservice, LLC supplies 1,420.69 Republic National Distributing merchandise 6,997.30 Sanitation Products Inc parts 1,754.19 Scott's Machining repairs 80.00 SD Electrical Commission license renewals 260.00 SD Retirement System contributions 83,525.50 SD Secretary Of State notary bond 30.00 Service Master Of SE SD custodial 4,315.32 Shortys Hvac Supplies LLC parts 311.00 Shyann Trucking LLC freight 700.00 Sioux Equipment parts 326.58 Sioux Falls Two Way Radio repairs 170.49 Siouxland Humane Society fees 37.00 Snap-On Industrial tools 179.67 Sooland Bobcat repairs 27,745.59 South Dakota Open bronze sponsorship 500.00 Southern Glazer's Of SD merchandise 431.08 Special T's And More uniform shirts 77.00 Stan Houston Eqpt Co supplies 119.50 Stern Oil Co. aviation fuel/oil 12,111.78 Steves Comfort System repairs 331.63 Stewart Oil-Tire Co repairs 299.98 Stuart C. Irby Co. supplies 105.00 Sturdevants Auto Parts parts 1,663.03 Supplyworks supplies 382.24 Susan Port refund rec. fees 110.00 Swank Movie Licensing USA copyright compliance license 398.00 Syncb/Amazon books 1,425.16 The Equalizer advertising 2,125.50 The Lifeguard Store, Inc supplies 264.00 The Ups Store #6751 shipping 70.37 The Walking Billboard uniforms 257.20 Titan Machine-Productivity parts 330.55 Titleist Drawer Cs merchandise 1,012.00 Tractor Supply Credit Plan supplies 148.93 Travis Tarr meals reimbursement 91.00 Tresa Nygren refund rec. fees 50.00 22 Turner Plumbing repairs 349.46 United Way contributions 612.50 Unum Life Insurance Company insurance 1,397.05 USA Bluebook supplies 261.77 USD training materials 450.00 USD Foundation Office TIF #6 payment 9,864.19 Van Diest Supply Co supplies 658.00 Vast Broadband 911 circuit/dial-up service 1,415.45 Verizon Wireless wireless communications 2,302.86 Vermeer High Plains parts 397.20 Vermillion Ace Hardware supplies 8,392.63 Vermillion Booster Club golf tournament hole sponsor 100.00 Vermillion Chamber Of Commerce contribution BBB funds 100,000.00 Vermillion Ford parts 21.72 Visa/First Bank & Trust lodging/fuel/supplies 6,558.81 Vista Outdoor Sales, LLC merchandise 26.50 Wal-Mart Community supplies 1,285.98 Walker Construction parking lot/rock 80,020.68 Walt's Homestyle Foods, Inc merchandise 290.45 WH Over Museum contribution 15,000.00 Williams & Co. 2017 audit 22,500.00 Yamaha Golf & Utility golf cars lease 3,772.00 Zep Sales & Service supplies 92.32 Ziegler Inc parts 456.25 Zimco Supply Co supplies 4,332.20 Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 183-18 Alderman Ward moved to adjourn the Council Meeting at 8:09 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 4th day of June, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: 23 BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 24