City Council Agendas, Packets and Minutes

Unapproved Minutes City Council Regular Session July 2, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, July 2, 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 June 18, 2018 Special Session; June 18, 2018 Regular Session 210-18 Alderman Collier-Wise moved approval of the June 18, 2018 Special Session and June 18, 2018 Regular Session minutes. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 211-18 Alderman Collier-Wise moved that Item 7. Old Business: Second Reading of Ordinance 1383 amending City of Vermillion Code of Ordinances, Title XIII, General Offenses, Chapter 130, Section 130.10 to amend the definition of discharging firearms be tabled and with that change approved the agenda as amended. Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Proclamation Recognizing July as Parks and Recreation Month Alderman Ward read the proclamation designating the month of July, 2018 as Parks and Recreation Month in Vermillion. Mayor Powell presented the proclamation to Jim Goblirsch, Parks & Recreation Director. Jim thanked the Mayor and City Council for the proclamation as well as their support for the Parks and Recreation programs in the city. Jim also 1 wanted to thank all the other City Departments that assist the Parks and Recreation Department throughout the year. 6. Public Hearings - None 7. Old Business A. Second Reading of Ordinance 1382 to amend Section 151.22 Mobile Home Placement Standards to create an exception allowing placement of mobile homes John Prescott, City Manager, reported that, at the May 7, 2018 City Council meeting, a Petition for Rezone was considered for the property addressed as 807 Cottage Avenue and 23 East Duke, the location of Cottage Villa Park. John noted that during the discussion several residents expressed their concerns that due to the Mobile Home Placement Standards, if the property were redeveloped and the Cottage Villa Park mobile home court was closed, they would be unable to move their mobile homes to another location in Vermillion. John noted that staff was directed to examine the issue and determine if it would be possible to amend the code to allow non-conforming mobile homes to be moved to another location in the community. John stated that proposed Ordinance 1382 which would create several exceptions which, if met, would allow existing pre-1976 mobile homes to be relocated elsewhere in Vermillion. John stated that the exceptions, all of which need to be met, are as follows: 1) A mobile home must have been located in Vermillion on or before February 5, 2007. This prevents pre-1976 mobile homes from being brought into Vermillion from outside the City. 2) The mobile home must be inspected by the City’s Building Official to ensure that it is safe for occupancy. 3) The City Manager must make the determination that the mobile home is being moved because of a closure of the mobile home’s current mobile home park. John stated that this amendment will allow for some flexibility to assist those mobile home owners who are threatened by displacement caused by court closing. John reported that the proposed changes were presented at an educational session to City Council on Monday, June 4, 2018 and were directed to proceed with bringing forward an ordinance. John stated that, as this ordinance is in the land use section, it requires the consideration of the Planning Commission. John reported that the Planning Commission considered Ordinance 1382 at the June 11, 2018 meeting and voted 8-0 to recommend approval to the City Council. John stated that the City Council approved first reading at the June 18th meeting. Kristi One Feather, resident of 807 Cottage #22, stated that she did not receive any notice that was reported to have been sent to trailer owners in the court. She stated that due to the age her trailer it could not be moved and it is surrounded by trees and was concerned 2 about relocating her other items stored on the site. She stated that the law is not on her side but the right thing needs to be done to save the resident's homes. Sheena Auen, resident of 807 Cottage #23, stated that she has worked hard to acquire the trailer to provide her children a home. She noted that one of her children has medical issues and she cannot afford to move her trailer. She was concerned about how to tell her children that they need to move and their home is going to be torn down. John Prescott, City Manager, reported that the ordinance being considered is to amend the mobile home placement standards to provide exceptions so mobile homes can be moved. John said that the zone change being considered in the next two ordinance would not be effective until April 1, 2019 which would allow time for the mobile homes to be moved. Discussion followed. 212-18 Second reading of title to Ordinance 1382 entitled AN ORDINANCE AMENDING Section 151.22 Mobile Home Placement Standards to create an exception allowing placement of mobile homes of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Collier-Wise moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1382 entitled an ordinance amending Section 151.22 Mobile Home Placement Standards to create an exception allowing placement of mobile homes of the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 18th day of June, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 2nd day of July, 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 1382 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV LAND USAGE; CHAPTER 151, MOBILE HOME PARKS; SECTION 151.22 ENTITLED MOBILE HOME PLACEMENT STANDARDS TO ADD AN EXCEPTION TO THE PLACEMENT STANDARDS 3 BE IT ORDAINED, by the Governing Body of Vermillion, South Dakota that the Code of Ordinances Section 151.22 is hereby amended to add subsection 151.22 (E) as follows: § 151.22 MOBILE HOME PLACEMENT STANDARDS. (A) The mobile home court owner shall submit a permit application to the Building Inspector before a mobile home is allowed to be placed in a new or vacated space in the owner's court. The permit shall include the mobile home owner's name, mobile home make/model/size, date and time of anticipated arrival, and the court lot location assigned. (B) All mobile homes placed in a mobile home court shall meet or exceed federal HUD manufactured home construction and safety standards as adopted on June 15, 1976. (C) All mobile homes placed in a licensed mobile home park or on a privately owned site shall have a gable roof with a pitch of at least 3/12 feet and be constructed of roofing material of a type customarily used on site-constructed residences. (D) All mobile homes shall be anchored to the ground in accordance with manufacture's specifications or as prescribed by the ANSI/NFPA 501A Standards in effect on the date of placement. (E) Mobile homes placed in mobile home courts shall be exempt from §151.22(B) and §151.22(C) provided all of the following conditions are met: (1) The mobile home was located in the City of Vermillion on or before February 5, 2007. (2) The Building Official inspects the mobile home and ensures the mobile home is safe for occupation. (3) The City Manager makes the determination that the mobile home is being placed due to or in anticipation of closure of the court where the mobile home was previously located. Dated at Vermillion, South Dakota this 2nd day of July, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By____________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer Adoption of the Ordinance was seconded by Alderman Price. Thereafter, the question of the adoption of the Ordinance was put to a roll call 4 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 1372 to Rezone Lots 1, 2, 3, 4 & W 1/2 Vac. Elm St. & E 1/2 Vac. Alley & Lots 11 & 12 & W 1/2 Vac. Alley, Blk 4, & Lots 5, 6, 7, 8, 9 & 10, Blk 4 & N 1/2 Vac. Spruce St. Adj. to Lot 6 & E 1/2 Lot 7 & W 1/2 Vac. Elm St. & Vac. Alley between 5, 6, 7 & 8 & W 1/2 Vac. all Adj. to Lots 9 & 10, Park’s Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (also known as 807 Cottage Avenue and 23 E Duke Street). Jose Dominguez, City Engineer, reported that the petition for rezone currently before the City Council seeks to rezone the property located at 807 Cottage and 23 E Duke from GB General Business District to R-3 Residential District. Jose stated that the Cottage Villa Park, a mobile home park, is located on the property in question and is a nonconforming use in the General Business District. Jose reported that the Planning Commission considered this item at the April 23, 2018 meeting. Jose stated that the Planning Commission noted that because the property is currently zoned General Business the current residents could still be displaced for a business-related development. Jose reported that the Planning Commission voted 5-3 to recommend that the City Council deny the Petition for Rezone for 807 Cottage and 23 E Duke to the R-3 Residential District. Jose reported that a separate Petition for Rezone for 711 Cottage from GB General Business to R-3 Residential follows this item. The Planning Commission was informed that the potential buyer for 807 Cottage and 23 E Duke is also interested in developing the land at 711 Cottage. Jose reported the Planning Commission voted 5-1 to recommend that the City Council approve the Petition for Rezone for 711 Cottage Avenue from the GB General Business District to the R-3 Residential District, but only if 807 Cottage Avenue and 23 E Duke Street were also rezoned from the GB General Business District to R-3 Residential District in order to avoid “spot- zoning.” Jose reported that the City Council first considered Ordinance No. 1372 at the May 7, 2018 meeting. Jose noted that at that time many occupants of Cottage Villa Park expressed concerns that rezoning the property for redevelopment would displace them. Jose reported that the City Council tabled Ordinance No. 1372 so a possible change to the Mobile Home Placement Standards could be explored which were just approved for second reading. Jose reported that the representative for the potential buyer has asked for an effective date for the zone change of April 1, 2019 to allow the current occupants of Cottage Villa Park 5 more time to find other housing arrangements. Jose stated that Premier Realty also sent a letter to the current occupants of Cottage Villa Park explaining the new effective date for the rezone in addition to a letter from the United Way listing resources available to help occupants relocate. Alvin Anderson, resident of 807 Cottage #3, questioned if this is being done for the benefit of the community, but what about the benefit of the people living there. Ryan Eichelberg, resident of 807 Cottage #2, stated that he is unsure if his trailer can be moved and has heard that if it cannot be moved he would have to pay to have his trailer destroyed. Jaymie Kuntz, resident of 807 Cottage #26, stated that she has heard the mobile home court was described as a blighted area. She stated that Premier Real Estate is not maintaining the court which is noticeable by the tall weeds. She stated that this is her home and the court needs to be maintained. She questioned if the mobile home owners would be compensated to move their trailers or if they would be billed if the trailer is not moved. She stated that this is all being done so more apartments can be built, but noted that so many apartments are vacant now. Jamie Baedke, with Premier Real Estate, stated that she personally mailed letters to all the tenants. Jaimie stated that no decision has been made between the buyer and seller about the mobile homes so it is just rumors. Jamie noted that they mow where they can as tenants have materials that prevent some areas from being mowed. Discussion followed on the zone change request noting that this property is zoned General Business and we need to attract more business so maybe we need to find a business for this location. The discussion included the question of traffic in the area if the zoning is changed to residential, the difference between R-2 Residential and R-3 Residential, stormwater drainage and the displaced residents. Mayor Powell noted that the item being considered is the change in zoning. 213-18 Second reading of title to Ordinance No. 1372, entitled an ordinance amending the Zoning Ordinance to Rezone Lots 1, 2, 3, 4 & W 1/2 Vac. Elm St. & E 1/2 Vac. Alley & Lots 11 & 12 & W 1/2 Vac. Alley, Blk 4, & Lots 5, 6, 7, 8, 9 & 10, Blk 4 & N 1/2 Vac. Spruce St. Adj. to Lot 6 & E 1/2 Lot 7 & W 1/2 Vac. Elm St. & Vac. Alley between 5, 6, 7 & 8 & W 1/2 Vac. all Adj. to Lots 9 & 10, Park’s Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 6 Residential District of the City of Vermillion, South Dakota for the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Erickson moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1372 entitled an ordinance amending the Zoning Ordinance to Rezone Lots 1, 2, 3, 4 & W 1/2 Vac. Elm St. & E 1/2 Vac. Alley & Lots 11 & 12 & W 1/2 Vac. Alley, Blk 4, & Lots 5, 6, 7, 8, 9 & 10, Blk 4 & N 1/2 Vac. Spruce St. Adj. to Lot 6 & E 1/2 Lot 7 & W 1/2 Vac. Elm St. & Vac. Alley between 5, 6, 7 & 8 & W 1/2 Vac. all Adj. to Lots 9 & 10, Park’s 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 18 day of June, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 2 day of July, 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 1372 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 LOTS 1, 2, 3, 4, & W ½ VAC. ELM ST. & E ½ VAC. ALLEY & LOTS 11 & 12 & W ½ VAC. ALLEY, BLK 4, & LOTS 5, 6, 7, 8, 9 & 10, BLK 4 & N ½ VAC. SPRUCE ST. ADJ. TO LOT 6 & E ½ LOT 7 & W ½ VAC, ELM ST. & VAC. ALLEY BETWEEN 5, 6, 7 & 8 & W ½ VAC. ALL ADJ. TO LOTS 9 & 10, PARK’S 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 that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, is hereby amended as follows: That Lots 1, 2, 3, 4 & W 1/2 Vac. Elm St. & E 1/2 Vac. Alley & Lots 11 & 12 & W 1/2 Vac. Alley, Blk 4, & Lots 5, 6, 7, 8, 9 & 10, Blk 4 & N 1/2 Vac. Spruce St. Adj. to Lot 6 & E 1/2 Lot 7 & W 1/2 Vac. Elm St. & Vac. Alley between 5, 6, 7 & 8 & W 1/2 Vac. all Adj. to Lots 9 & 10, Parks Addition, City of Vermillion, Clay County, South Dakota are hereby excluded from the GB General Business District and included in 7 the R-3 Residential District (also known as 807 Cottage Avenue & 23 E Duke Street). Effective Date: April 1, 2019 Dated at Vermillion, South Dakota this 2nd day of July, 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 Mayor Powell. Discussion followed on the concerns for the displaced residents noting that the ordinance was not effective until April 1, 2019. Alderman Collier-Wise stated that she prepared the letter from the United Way on options available for displaced residents and encouraged all to call her and she would review the programs available. 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-N, Meins-N, Price-Y, Sorensen-N, Ward- Y, Mayor Powell-Y Motion carried 6 to 3. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. C. Second Reading of Ordinance 1374 to Rezone the W 1/2 of Lots 10, 11, 12 & all of Vac. Spruce St. Adj., Blk 3, Park’s Addition, City of Vermillion, Clay County, South Dakota, from GB General Business to R-3 Residential District (also known as 711 Cottage Avenue). Jose Dominguez, City Engineer, reported that the Petition for Rezone currently before the City Council seeks to rezone the property located at 711 Cottage Avenue from GB General Business District to R-3 Residential District. Jose reported that the Planning Commission considered this item at the April 30, 2018 and voted 5-1 to recommend that the City Council approve the Petition for Rezone for 711 Cottage from the GB General Business District to the R-3 Residential District, but only if 807 Cottage and 23 E Duke were also rezoned from the GB General Business District to R-3 Residential District in order to avoid “spot-zoning.” Jose reported that the City Council first considered Ordinance 1374 at the May 7, 2018 meeting. Jose reported that the matter was tabled until the rezoning of 807 Cottage and 23 E Duke was resolved. Jose noted that Ordinance 1372 to rezone 807 Cottage and 23 8 East Duke has an effective date of April 1, 2019 and to avoid spot- zoning Ordinance 1374 has also been given an effective date of April 1, 2019. Jose reported that the rezone of 807 Cottage and 23 E Duke Street was approved and recommended the approval of this ordinance with the April 1, 2019 effective date. 214-18 Second reading of title to Ordinance No. 1374, entitled an ordinance Amending the Zoning Ordinance to Rezone the W 1/2 of Lots 10, 11, 12 & all of Vac. Spruce St. Adj., Blk 3, Park’s Addition, City of Vermillion, Clay County, South Dakota, from GB General Business to R-3 Residential District of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Erickson moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1374 entitled an ordinance Amending the Zoning Ordinance to Rezone the W 1/2 of Lots 10, 11, 12 & all of Vac. Spruce St. Adj., Blk 3, Park’s Addition, City of Vermillion, Clay County, South Dakota, from GB General Business to R-3 Residential District of the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 18th day of June, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 2nd day of July, 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 1374 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 W ½ OF LOTS 10, 11, 12 & ALL OF VAC. SPRUCE ST. ADJ., BLK 3, PARK’S 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 that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, is hereby amended as follows: That the W ½ of Lots 10, 11, 12 & all of Vac. Spruce St. Adj., Blk 3, Park’s Addition, City of Vermillion, Clay County, South Dakota are 9 hereby excluded from the GB General Business District and included in the R-3 Residential District (also known as 711 Cottage Avenue). Effective Date: April 1, 2019 Dated at Vermillion, South Dakota this 2nd day of July, 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 Collier-Wise. 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. D. Second Reading of Ordinance 1383 amending City of Vermillion Code of Ordinances, Title XIII, General Offenses, Chapter 130, Section 130.10 to amend the definition of discharging firearms. Mayor Powell noted that this item was tabled with the adoption of the agenda. 8. New Business - None 9. Presentation to Outgoing Council Members Mayor Powell presented a plaque to Holly Meins for her service on the City Council and thanked her for her service to the City. Mayor Powell presented a plaque to Parker Erickson for his service on the City Counciland thanked him for his service to the City. 10. Adjourn 215-18 Alderman Sorensen moved to adjourn the Council Meeting at 7:56 p.m. Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10 NEW CITY COUNCIL 1. Installation A. Mayor Mike Carlson, Finance Officer, administered the Oath of Office to Mayor Powell. B. Alderman Mike Carlson, Finance Officer, administered the Oath of Office to Alderman Hellwege, Holland, Price and Willson. 2. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Willson, Mayor Powell 3. Adoption of Agenda 216-18 Alderman Collier-Wise moved approval of the agenda. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Election of Officers A. President Mayor Powell opened nominations for President of the Council 217-18 Alderman Price nominated Collier-Wise for President of the Council. Alderman Ward seconded the nomination. Mayor Powell, hearing no other nominations, called for the vote on Collier-Wise for President. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Vice President Mayor Powell opened nominations for Vice President of the Council 218-18 Alderman Collier-Wise nominated Holland for Vice President of the Council. Alderman Ward seconded the nomination. Mayor Powell, hearing no other nominations, called for the vote on Holland for Vice 11 President. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Appointment of Administrative Officers A. Finance Officer Mayor Powell recommended the appointment of Mike Carlson as Finance Officer. 219-18 Alderman Price moved approval of the appointment of Mike Carlson as Finance Officer. Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. City Attorney Mayor Powell recommended the appointment of James McCulloch as City Attorney. 220-18 Alderman Sorensen moved approval of the appointment of James McCulloch as City Attorney. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 6. Other Appointments and Designations A. City Council Committees and Other Committee Assignments Mayor Powell read the recommendation for appointments to the City Council standing committees of Labor and Finance, Policies and Procedures, Utilities and Surplus Property Appraisal as well as other City Council representation on boards. 221-18 Alderman Price moved approval of the following City Council Committee appointments: Labor and Finance - Collier-Wise/Chair, Holland, Hellwege and Price; Policies and Procedures – Holland/Chair, Collier-Wise, Sorensen and Ward; Utilities – Ward/Chair, Willson, Humphrey and Powell; Surplus Property Appraisal - Price/Chair, Willson, Humphrey and Sorensen and appointments to other City Boards: Joint Powers – Willson; Library Board – Collier-Wise; Tree Board – Alderman Holland; Other City liaison/representatives: Clay County – Mayor Powell; Clay County Fair Board – Mike Carlson; Clay County Fire Company – Matt Callahan and Aaron McDowell; Clay County Health Liaison – Aaron McDowell; Clay County Park Board – Travis Taggart; Missouri River Energy Services – John Prescott and Shane Griese as alternate; SECOG – John Prescott and 12 Mayor Powell as alternate; Dakota Hospital Foundation – John Prescott; University of South Dakota – Mayor Powell, Vermillion Chamber of Commerce & Development Company – Mayor Powell and John Prescott and Vermillion NOW!2 – Mayor Powell. Alderman Collier-Wise seconded the motion. Motion carried 8 to 1. Mayor Powell declared the motion adopted. B. Official Newspaper Mike Carlson, Finance Officer, reported that State law requires the designation of an official newspaper, which has been the Vermillion Plain Talk. Mike noted that the designation may not be for a period of less than twelve months and recommended the designation of the Vermillion Plain Talk. 222-18 Alderman Ward moved approval of the designation of the Vermillion Plain Talk as the official newspaper. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. C. Official Depositories Mike Carlson, Finance Officer, reported that State law requires the designation of official depositories of the City funds and requested designation for the following: CorTrust Bank, First Bank & Trust, First Dakota National Bank, Bank of the West, S.D. Public Funds Investment Trust, Wells Fargo and First National Bank in Sioux Falls. 223-18 Alderman Willson moved approval of the designation of the following as official depositories: CorTrust Bank, First Bank & Trust, First Dakota National Bank, Bank of the West, S.D. Public Funds Investment Trust, Wells Fargo and First National Bank in Sioux Falls. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Consolidated Board of Equalization Mike Carlson, Finance Officer, reported that the County, School, and City have adopted a resolution to consolidate the Board of Equalization and the County requests that the entities reaffirm their intent. 224-18 Alderman Ward moved approval of the consolidation of the Board of Equalization with the County and School. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13 E. Determination of Rules of Order John Prescott, City Manager, stated that the City Council Rules and Procedures call for the City Council to designate an edition of Robert’s Rules of Order. John stated that the City is currently using the 9th edition and has copies of this version available. John reported that the City Council developed a Rules and Procedures Manual in 2006 that was updated in 2008 to reflect the new ordinance numbers. John noted that it would be a good time to adopt the rules and procedures again. 225-18 Alderman Collier-Wise moved approval of the determination of Robert’s Rules of Order 9th Edition as the rules of order for City Council meetings and to re-affirm the City Council Rules and Procedures dated March 2006 as updated in 2008. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 7. Visitors to be Heard - None 8. Public Hearings - None 9. Old Business - None 10. New Business A. Resolution authorizing the purchase of an air compressor Jose Dominguez, City Engineer, reported that the 2018 budget process for the equipment replacement fund included the purchase of an air compressor to replace the 2001 air compressor used by the Light and Power Department. Jose reported that Administration would like to take advantage of an attractive National Joint Powers Alliance (NJPA) bid. Jose reported that the state statues allows for purchasing from NJPA which has over 7,000 governmental agencies that participate in their purchasing program. Jose reported that the total bid for a 2018 Sullair 185DPQ-KUB-T4F-CWP air compressor that meets our specifications is $22,850. Jose stated that Stan Houston Equipment Co from Sioux City has agreed to the purchase price. Jose reported that Stan Houston Equipment Co has offered, as part of the sale, to take the 2001 air compressor in trade-in with a trade-in price of $6,000 for a net purchase price of $16,850. Jose recommended approval of the resolution to purchase the air compressor with the trade in of the old air compressor. 226-18 14 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF AN AIR COMPRESSOR WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by the National Joint Powers Alliance (NJPA) for an air compressor from Sullair participating distributor, Stan Houston Equipment Co., for the total amount of $22,850 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Stan Houston Equipment Co. and they have agreed to allow the City to purchase the air compressor for the contract price and terms as awarded by the NJPA; and WHEREAS, the Stan Houston Equipment Co. has offered the City $6,000 for trade-in value on the City’s 2001 Sullair 185DPQ-JD air compressor. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a new 2018 Sullair 185DPQ-KUB-T4F-CWP from Stan Houston Equipment Co. of Sioux City, Iowa for a price of $22,850 and to trade- in the City’s 2001 Sullair 185DPQ-JD air compressor for $6,000. Dated at Vermillion, South Dakota this 2nd day of July, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By _____________________________ John E. (Jack) Powell, Mayor ATTEST: By ________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 11. Bid Openings 15 A. Fuel Quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on all four items. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $2.4833, Brunick’s Service $2.52; Item 2 – 1,000 gal unleaded: Stern Oil $2.69, Brunick’s Service $2.73; Item 3 – 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $2.4483, Brunick’s Service $2.48; Item 4 - 1,000 gal No. 2 diesel fuel- clear: Stern Oil $2.7548, Brunick’s Service $2.76. 227-18 Alderman Willson moved approval of the low quote of Stern Oil on all items. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Surplus Fire Department MSA airpacks Matt Callahan, Fire Chief, reported that the MSA airpacks were declared surplus at the May 21st meeting, appraised at $8,000 and advertised for sale by sealed bids with a bid opening date of June 26, 2018. Matt reported that no bids were received but the Fire Department will continue to market the airpacks for not less than 90% of the appraised value. Discussion followed on the airpacks. 228-18 Alderman Sorensen moved to acknowledge that no bids were received and authorize the continued marketing of the airpacks for not less than 90% of the appraised value. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. City Manager's Report A. John reported that City offices are closed on Wednesday for the July 4th holiday, B. John reported that recycling pickup scheduled for Wednesday, July 4th will be on Monday, July 9th. C. John reported that it is permissible to discharge some fireworks on July 4th from 9:00 a.m. to 11:59 p.m. and if you have questions check the City’s website for more information or contact the Fire Department. D. John reported that The Thursdays on the Platz events will begin on Thursday, July 12th. John noted that Main Street from Market Street west through the length of Ratingen Platz and Market Street as it abuts 16 Ratingen Platz will be closed from 4:00 p.m. to 8:00 p.m. on every Thursday through August. E. John reported that staff is monitoring mosquito conditions and anticipates fogging on Thursday, July 5th or Friday, July 6th depending on the weather. John stated that the fogging would be of the entire community in one evening. John requested citizens contact City Hall to be placed on the Do Not Spray list as we pass your property. F. John reported that the City has one vacancy on the Planning Commission. John requested interested individuals to complete an Expression of Interest form and submit it to the City no later than Noon on July 11th in anticipation that the City Council would make an appointment at the July 16th meeting. G. John reported that Jose is putting together information on storm drainage that will be sent out later this week. H. John stated that budget hearings have usually been held in the third week of August and will be sending out a request to see what days will work for the Council. PAYROLL ADDITIONS AND CHANGES City Council: Finance: Janis Johnson $17.21/hr; Police: Andrew Delgado $23.73/hr; Recreation: Nathan Robertson $9.00/hr, Elaina Taggart $9.00/hr, Sam Ward $9.25/hr; Pool: Cody Condon $10.00/hr. Laura Wolf $10.00/hr, Sydney Franken $10.75/hr, Kylee Tresch $10.50/hr; Water: Tyler Zimmerman $22.82/hr 13. Invoices Payable 229-18 Alderman Collier-Wise moved approval of the following invoices: Alice Willson recount board member 25.00 Alderman Ward seconded the motion. Alderman Willson requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 230-18 Alderman Ward moved approval of the following invoices: 3D Specialties Inc supplies 981.03 A-1 Portable Toilets portable toilet rental 360.00 Aaron McDowell reimburse licensure fee 12.00 17 Adidas America merchandise 255.24 Advanced Weighing Systems annual support 1,675.00 AGK Electric underground reimbursement 500.00 Appeara merchandise 45.00 Aramark Uniform Services uniform cleaning 388.77 Argus Leader Media #1085 subscription 25.00 Arrow Manufacturing parts 176.09 Audio Video Integrations baseball field audio equip 1,706.00 Axon Enterprise Inc supplies 1,000.00 Banner Associates, Inc professional services 33,069.25 Basin Electric Power Coop. spirit mound sub testing 7,673.15 Bill Brown mowing 280.00 Blackstone Publishing books 200.00 Blaine's Body Shop repairs 420.52 Bobs Candy Service, Inc supplies 67.30 Book Systems, Inc imager/receipt printer 1,747.00 Border States Elec Supply supplies 1,346.84 Bound Tree Medical, LLC supplies 1,622.04 Boyer Trucks parts 56.21 Brock White Co supplies 27,132.29 Bureau Of Human Resources training/lodging 204.00 Butler Machinery Co. parts 14,188.11 California Contractors Supply supplies 466.08 Callaway Golf merchandise 314.75 Campbell Supply supplies 1,228.72 Cardis Fence & Iron Co repairs 2,245.00 Cask & Cork merchandise 338.50 Cedar County Veterinary Services professional services 82.01 Central States Wire Produc wire coils 1,971.50 Century Business Products copier contract/copies 198.60 Centurylink telephone 694.27 Certified Laboratories supplies 397.28 Chesterman Co merchandise 1,875.21 City Of Saint Paul training 1,420.00 City Of Vermillion copies/postage 1,186.38 City Of Vermillion utility bills 46,212.37 Civicplus annual fee 150.00 Clay County Ems Association cpr classes 360.00 Colonial Life Acc Ins. insurance 3,185.20 Core & Main LP meters/supplies 6,029.28 Coyote Chemical Company supplies 440.00 Coyote Convenience fuel 39.19 Craig Thompson water heater rebate 150.00 18 Crouch Recreation playground equipment 90,639.90 Dakota Beverage merchandise 8,923.57 Dakota Pc Warehouse tv/display port/ink cartridges 707.94 Dale Husby meals reimbursement 89.00 Daniel Milroy safety boots reimbursement 100.00 Danko Emergency Equipment repairs 47.57 Delta Dental Plan insurance 6,080.92 Demco supplies 144.29 Dennis Martens maintenance 833.34 Dept Of Revenue testing 229.00 DGR Engineering professional services 6,531.18 Diamond Vogel Paints supplies 3,307.28 Dubois Chemicals soda ash 6,776.00 Dynamic Brands merchandise 80.95 Earthgrains Baking Co's Inc supplies 359.70 Ebsco books 20.34 Echo Electric Supply supplies 2,862.00 Electronic Engineering repairs 95.00 Embroidery & Screen Works work polo shirts 3,314.00 Emily Merrigan recount board member 25.00 Envisionware, Inc annual maintenance 671.90 Farmer Brothers Co. supplies 142.30 Farner Bocken Company merchandise 8,199.69 Foreman Media council mtg 100.00 GCSAA membership 380.00 Global Dist. merchandise 99.00 Graham Tire Co. tires 289.16 Grainger motor 52.80 Graymont Capital Inc chemicals 4,041.90 Gregg Peters freight 1,060.80 Gregg Peters rent 937.50 Grey House Publishing books 144.00 Guarantee Roofing & Siding repairs 695.00 Hauff Mid-America Sports supplies 2,866.00 Hauger Lawn Service mowing 128.00 Hawkins Inc chemicals 9,120.53 Heartland Glass Co. repairs 2,225.00 Herren-Schempp Building supplies 305.85 Hewlett Packard supplies 148.50 Hillyard/Sioux Falls supplies 53.04 HOA Solutions, Inc repairs 906.00 Hy Vee Food Store supplies 1,108.08 Ingram books 4,478.55 19 Istate Truck Center repairs 222.11 Jacks Uniform & Eqpt uniform 735.00 Jenny Orr refund volleyball rec fees 20.00 Jerry's Chevrolet Buick Gm repairs 573.06 Jim Goblirsch reimbursements 50.37 John A Conkling Dist. merchandise 4,571.35 Johnsen Heating & Cooling repairs 41,627.62 Johnson Brothers Of SD merchandise 22,485.21 Jonathan Aperans meals/mileage reimbursement 76.60 Jones Food Center supplies 1,152.83 Kaiser Heating & Cooling repairs 300.00 Kalins Indoor Comfort repairs 125.00 Karsten Mfg Corp merchandise 777.41 Katie Redden meal reimbursement 11.00 Knife River Midwest, LLC asphalt 2,782.32 Larry & Trudy Anthofer repairs reimbursement 264.26 Laynes World council name plates 16.00 Leisure Lawn Care repairs 509.31 Lessman Elec. Supply Co supplies 421.00 Library Ideas subscription 2,000.00 Locators And Supplies, Inc supplies 51.29 M&T Fire And Safety Inc parts 384.00 Mart Auto Body towing 750.00 Matheson Tri-Gas, Inc supplies 808.00 McCulloch Law Office professional services 1,607.40 Mead Lumber supplies 48.57 Medical Waste Transport, Inc haul medical waste 217.51 Menards supplies 423.61 MH Equipment Company repairs 182.96 Michael Carlson meal/mileage 61.40 Michael Todd & Co. mini light bar 178.00 Micro Marketing LLC books 134.57 Midwest Alarm Co alarm monitoring 147.00 Midwest Ready Mix & Equipment concrete 9,598.50 Midwest Turf & Irrigation parts 89.04 Minitex Library supplies 542.00 Miracle Recreation Eqpt Co parts 1,364.99 Missouri River Energy Services inspection/analysis 2,248.10 Missouri Valley Maintenance repairs 1,805.40 Moore Welding & Mfg professional services 674.08 Mr. Golf Car, Inc repairs 135.50 NCL Of Wisconsin, Inc supplies 401.64 Nebraska Journal-Leader advertising 79.90 20 Netsys+ professional services 520.00 O'Reilly Auto Parts parts 36.44 PCC, Inc commission 2,822.93 Pedersen Machine Inc parts 66.89 Penworthy Company books 174.27 Pepsi Cola Of Siouxland merchandise 1,807.30 Petrochoice parts 299.34 Pitney Bowes postage meter lease 289.71 Powerphone, Inc training 129.00 Pressing Matters posters/signs 91.00 Presto-X-Company inspection/treatment 106.00 Primoris Aevenia, Inc substation construction 78,953.60 Print Source laminating 11.80 Print The Planet patches/decals 1,330.00 Prochem Dynamics supplies 182.26 Property Maintenance Service mowing 105.00 Quality Motors alignment 77.25 Quill supplies 86.68 Racom Corporation maintenance contract 456.81 Reinhart Foodservice, LLC supplies 1,782.41 Republic National Dist. merchandise 21,859.19 Resco supplies 576.00 Robert Fuller recount board member 25.00 Schaeffer Mfg. Co supplies 672.00 SD Golf Association handicap 6,050.00 SD Humanities Council professional services 50.00 SD Park & Recreation Assoc registration 80.00 SD Retirement System contributions 55,239.80 Security Shredding Service shredding 70.00 Sensus Metering Systems software support 1,715.95 Service Master Of Se South Dakota custodial 4,459.16 Shyann Trucking LLC freight 700.00 Sign Pro police car graphics 840.00 Sioux Falls Two Way Radio repairs 471.93 Snap-On Industrial parts 27.54 Southeastern Softball League tournament fee 135.00 Southern Glazer's Of SD merchandise 724.08 Stan Houston Eqpt Co uniform shirts 176.49 Steve's Heating & A/C Inc repairs 6,239.62 Stewart Oil-Tire Co repairs 699.85 Strachan Sales, Inc repairs 212.00 Sturdevants Auto Parts parts 1,935.13 Susan Hanson refund swim lessons rec fees 10.00 21 Syncb/Amazon books/dvds/supplies 1,492.95 Tapco software support 142.50 Taste Of Home Books books 25.95 Taylor Made merchandise 333.12 The Lifeguard Store, Inc lifeguard supplies 329.70 The Ups Store #6751 shipping 11.89 Think Thread & Ink park & rec ball t-shirts 4,723.00 Tinting Pros window tinting 295.00 Titleist Drawer Cs merchandise 2,448.18 Tractor Supply Credit Plan supplies 44.97 Tyler Zimmerman meals reimbursement 89.00 United Laboratories supplies 1,644.00 United Way contributions 918.75 Unum Life Insurance Company insurance 1,397.05 Van Diest Supply Co chemicals 625.00 Vast Broadband 911 circuit/dialup service 1,415.45 Verizon Wireless cell phones/ipad access 2,327.34 Vermeer High Plains parts 254.15 Vermillion Ace Hardware supplies/parts 3,053.28 Vermillion Fastpitch Softball merchandise 150.00 Vermillion School District refund overpayment 23.70 Visa/First Bank & Trust fuel/lodging supplies 9,610.25 Vista Outdoor Sales, Llc merchandise 1,484.20 Wahltek recording system 4,480.00 Wal-Mart Community supplies 3,106.02 Walker Construction concrete contract/repairs 33,351.32 Walt's Homestyle Foods, Inc merchandise 399.20 Wesco Distribution, Inc supplies 3,136.10 WSP Us professional services 9,949.17 Yamaha Golf & Utility golf cars lease 3,772.00 Yankton County Observer subscription 30.00 Yankton Janitorial Supply supplies 194.65 Yankton Medical Clinic testing 80.00 Zee Medical Service supplies 334.65 Zimco Supply Co chemicals 18,102.70 Zuercher Technologies LLC maintenance 1,200.00 Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 14. Consensus Agenda 22 A. Set a public hearing date of July 16, 2018 for a special daily malt beverage and wine license for the Clay County Agricultural Fair Association on or about August 9, 10 & 11, 2018 in the west arena and on a portion of High Street on August 10, 2018 B. Set a public hearing date of July 16, 2018 for a special daily malt beverage and wine license for Ribs, Rods & Rock’n Roll on or about September 7 & 8, 2018 on Main Street between Washington and Court Street, Ratingen Platz, Market Street from Main to Bloomingdale Street, Austin Street from Main to Kidder, Kidder Street from Austin Court Street, Court Street from Main to half block south, public parking lot at Market and Kidder, private parking lot at Market and Kidder and Prospect from Main Street to National Street and to include any other streets closed for the events C. Set a public hearing date of July 16, 2018 for a special permit to exceed permissible sound levels by no more that 50% for Ribs Rods & Rock’n Roll, Inc on or about September 7 & 8, 2018 from 5:00 p.m. to midnight on Main Street between High and Prospect Streets 231-18 Alderman Price moved approval of the consensus agenda. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 15. Adjourn 232-18 Alderman Ward moved to adjourn the Council Meeting at 8:18 p.m. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 2nd day of July, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 23