City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session September 4, 2018 Tuesday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, September 4, 2018 at 12:00 noon at the City Hall second floor conference room. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Willson, Mayor Powell Absent: Hellwege, Ward 2. Visitors to be Heard - None 3. Educational Item – Discussion on Restaurant-only Liquor Licenses – Mike Carlson and John Prescott Mayor Powell stated that in 2008 the legislature changed the state law to provide for a restaurant liquor license for establishments that have food sales of 60% or more. Mayor Powell stated that city ordinance was changed to provide for this and that the license fee was set at $95,000 which was to remain the same for ten years that will be expiring in December of this year. Mayor Powell stated that the minimum value is $1 per person based upon the census or just over $10,500. Mike Carlson, Finance Officer, reported that the City adopted the restaurant license ordinance in November, 2008 which became effective on December 4, 2018. Mike reported that the state statute was changed in 2008 to allow cities to adopt an ordinance for a restaurant liquor license where the business food sales are 60% or more of total revenues. Mike stated that the ordinance provided that a rate for the restaurant license be set within 90 days at the fair market value of a liquor licenses sold between 2003 and 2008. Mike noted that the rate was to remain unchanged for ten years. Mike stated that the City adopted the ordinance in November 2008 which became effective in December 4, 2008 thus the ten years will be expiring later this year. Mike stated that the minimum value would be $1 per person based upon the last census. Mike reviewed the state statue process used to determine the fair market value for the license, as required by statute in 2008. Mike noted that the resolution following the adoption of the ordinance set the restaurant license fee at $95,000 and since then there has been a number of inquiries without any purchases. Mike noted that the developer of the Pizza Ranch property at 912 N. Dakota had 1 indicated that they were trying to acquire a liquor license for the sports bar portion of the property that will be located between Pizza Ranch on the south and the motel on the north. Mike noted that they wanted to review the option of a restaurant license and if the price would be changing later this year. Brian Tooker, with Pizza Ranch, stated that for the sport bar portion of the location they would like a liquor license and have made inquiries through a local realtor about purchasing a license without any offers being received. Brian explained how the Pizza Ranch and sports bar would operate and asked if the price for the restaurant license would be reduced as it is not a license that can be transferred except to another restaurant. Discussion followed with Brian answering questions on the operations. City Council discussion followed on the restaurant license pricing with the consensus to have the City Manager send a letter requesting input from existing liquor license holders as to the fair market value of their license and the percentage of total sales that is food vs liquor. It was noted that license holder participation would be optional with the information being provided to the City Attorney to keep it confidential. 4. Briefing on the September 4, 2018 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 293-18 Alderman Sorensen moved to adjourn the Council special session at 12:50 p.m. Alderman Humphrey seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 4th day of September, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer 2 Unapproved Minutes City Council Regular Session September 4, 2018 Tuesday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Tuesday, September 4, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Willson, Mayor Powell Absent: Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of August 20, 2018 Special Meeting; August 20, 2018 Regular Meeting 294-18 Alderman Sorensen moved approval of the August 20, 2018 Special Meeting and August 20, 2018 Regular Meeting minutes. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 295-18 Alderman Holland moved approval of the agenda. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Proclamation recognizing the Celebration of the 135th Founding of the W.H. Over Museum Alderman Sorensen read the proclamation recognizing the Celebration of the 135th Founding of the W.H. Over Museum. Mayor Powell stated that the proclamation would be presented to the museum. 6. Public Hearings - None 3 7. Old Business A. Second Reading of Ordinance 1384 to amend Chapter 51 Electricity, Section 51.22 Residential Service Rate to add 51.22(B)(2)(c) to provide for a master electric meter serving exclusive student housing facilities providing dormitory style apartment units John Prescott, City Manager, reported that The Heights is building a 74 unit building to house 200+ post-secondary students on the west side of N. Dakota Street. John noted that the developer would like to utilize a single master electric meter for the residential uses in the building. John noted that City code requires a separate electric meter for each multi-family units within a structure. John reported that the Utility Committee met with the developers on May 16th to hear a request for a single master meter for the residential services. John noted that the PUC does provide for a variance from the individual meter requirement for dormitories and while the municipal electric utility is not bound by the PUC regulations, but the city code largely follows the PUC and other national guidelines. John stated that The Heights expressed that their project is similar to a dormitory and should be allowed to have a master meter. John stated that the Utility Committee directed staff to develop ordinance language to provide for a master meter at a large privately owned student housing project. John reported that the Utility Committee presented the proposed ordinance Section 51.22(B)(2)(c) to the City Council at the August 6th meeting and first reading of the ordinance was held on August 20th. John reported that the proposed ordinance would add another rate class to the residential rate classes in 51.22(B)(2)(c) for dormitory style apartment units as provided in the proposed ordinance. John noted that the ordinance provided that rates will be set by resolution and a rate resolution is included later on the agenda. Discussion followed. 296-18 Second reading of title to Ordinance No. 1384 entitled An Ordinance Amending Chapter 51 Electricity, Section 51.22 Residential Service Rate to add 51.22(B)(2)(c) to provide for a master electric meter serving exclusive student housing facilities providing dormitory style apartment units of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Willson moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1384 entitled An Ordinance Amending Chapter 51 Electricity, Section 51.22 Residential Service Rate to add 51.22(B)(2)(c) to provide for a master electric meter serving exclusive student housing facilities providing dormitory style apartment units of 4 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 20th day of August, 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 September, 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 1384 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE V PUBLIC WORKS, CHAPTER 51, ELECTRICITY, RATES AND CHARGES SECTION 51.22 ENTITLED RESIDENTIAL SERVICE RATE TO ADD EXCLUSIVE STUDENT HOUSING CLASSIFICATION. BE IT ORDAINED, by the Governing Body of Vermillion, South Dakota that Section 51.22, Residential Service Rate is hereby amended as set forth below: § 51.22 RESIDENTIAL SERVICE RATE. (A) Generally. The residential service rate for electrical service shall be as follows: (B) Specifically. (1) Designation. RES; (2) Applicability. This rate shall be applicable: (a) Single dwelling. Single-phase service for all domestic uses through 1 meter. Residential water heating installations are to be included under this classification. Service for a commercial business conducted in a residence and not occupying over 25% of the dwelling area may be taken through the residential meter and shall be considered a single dwelling unit for billing purposes. A single dwelling shall include any number of sleeping rooms, or 1 apartment which is in addition to the primary residence of the owner thereof; and (b) Multiple dwelling. Service for 2 or more apartments shall be taken through 2 or more meters under a single billing per meter. For multiple dwellings, in existence prior to effective date of this section, consisting of 2 or more dwelling units, unless each unit is served by a separate meter, with separate billing, the commercial power secondary service hereafter provided for shall be the applicable rates to be charged by the city and paid by the consumer. (c) Exclusive student housing. Service for 70 or more dormitory style apartment units providing exclusive student housing for 5 200 or more students enrolled in post-secondary education may utilize a single master meter for dormitory style apartment units only and be charged the applicable rate set by resolution. Any additional uses at an exclusive student housing facility, including but not limited to commercial businesses, laundry areas, common spaces, hallways, lounges, pools, and parking lots, must be separately metered from residential usage and charged the applicable service rate. Resale of electricity to residents in the exclusive student housing facility on a per KWh basis or any other usage basis is prohibited. To qualify for single master meter and applicable rate, a sample annual lease(s), and all rules and regulations developed by the owner to create dormitory style conditions, must be provided to the City of Vermillion prior to occupancy and annually thereafter. Failure to maintain the property in conformity with this subsection or to annually submit a sample lease(s) or provide all rules and regulations will require immediate building alteration and compliance with subsection 51.22 (B)(2)(b) at property owner’s expense. (3) Rate. A rate set from time to time by resolution; (4) Customer charge. An amount set from time to time by resolution; and (5) Penalty. The above-stated rates shall be 5% greater on accounts unpaid by the due date stated on the utility bill. Dated at Vermillion, South Dakota this 4th day of September, 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, Hellwege-Y, Holland-Y, Humphrey-Y, Price-Y, Sorensen-Y, Willson-Y, Mayor Powell-Y Motion carried 8 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business 6 A. Review and use of malt beverage markup receipts collected, proposal to use funding during 2019 budget year, and public input on continuation of the wholesale license fee. John Prescott, City Manager, reported that, during 2015 with the development of the ordinance to implement a 5% markup on the wholesale cost of malt beverages, staff included an annual update to the community in the proposal. John stated that license holders were provided notice that this item was included on tonight’s agenda. John stated that the ordinance implementing the 5% markup on the wholesale cost of malt beverages became effective on July 1, 2015. John reported that for six months of 2015 the revenue was $64,188.47, 2016 the revenue was $116,455, 2017 the revenue was $123,293.70 and that for the first seven months of 2018 the revenue was $74,508.93 John reported that all of the proceeds from the collection in the revised 2018 budget and proposed 2019 budget were placed in the Prentis Park Debt Service fund to repay the general obligation bond that was issued for park improvements. The debt service for 2016 was $199,853, for 2017 was $197,067, for 2018 is $195,817, and for 2019 is $196,755. John stated that the City Council should receive public input on the continuation of the wholesale license fee. 297-18 Alderman Willson moved to close the public input on the malt beverage markup and continue the wholesale license fee at 5% with the proceeds being used to retire the general obligation bond issued for Prentis Park improvements. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. First Reading of Ordinance 1385 – 2019 Appropriations John Prescott, City Manager, reported that the proposed budget was presented to the City Council on August 6th and the Council held hearings to review the budget on August 15th and 16th. John thanked the City Council for the time spent meeting with all the departments to refine the budget. John reviewed some of the major items that are included in the 2019 budget ordinance. John noted that to balance the 2019 budget a transfer from the Second Penny sales tax fund of up to $95,000 is included in the budget and the ordinance to change the second penny ordinance is later on the agenda. Discussion followed on the budget ordinance. 298-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Collier-Wise moved adoption of the following Resolution: 7 BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1385 entitled An Ordinance Adopting the 2019 Budget Ordinance 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 September, 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 Holland. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 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 1386 – 2018 Revised Appropriations John Prescott, City Manager, reported that the City Council adopted the 2018 budget in September 2017 and, during the 2019 budget process, the 2018 budget amounts were revised based upon information that is currently available. John reviewed some of the major changes to the 2018 budget amounts, noting that there will most likely be a supplemental budget needed later this year for items that will change between now and the end of the year. John answered questions on the revised budget. 299-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Willson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1386 entitled An Ordinance Adopting the 2018 Revised Budget Ordinance 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 September, 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 Governing Body and 8 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 1387 – 2nd Penny for General Fund John Prescott, City Manager, reported that during the presentation of the proposed 2019 budget it was noted that the proposed use of General 8 Fund reserves to balance the budget was higher than past years at about $426,000. John stated that the recommendation was to use up to $95,000 of Second Penny sales tax funds to reduce the amount of general fund reserves as state statute allows this use of second penny funds but city ordinance restricts the usage to capital items. John stated that during the budget process the City Council reviewed the use of second penny funds as a one time basis at up to $95,000. John stated that the proposed ordinance provided for the one time transfer of up to $95,000 to the general fund by resolution of the City Council adopted by September 30, 2019. John noted that this will be after the 2020 budget process to determine the amount needed for the general fund. Discussion followed. 300-18 Mayor Powell read the title to the above mentioned Ordinance and Alderman Collier-Wise moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1387 entitled An Ordinance Amending Title III Administration, Chapter 34, Taxation, Section 34.03 Entitled Use of Tax to Add a One Time Transfer to the General Fund 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 September, 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 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. E. Resolution establishing an electric rate for Residential Service provided under 51.22(B)(2)(c) John Prescott, City Manager, reported that the adoption of Ordinance No. 1384 earlier on the agenda created a new residential service rate class with the rate to be set by resolution. John stated that the rate proposed would be the same as our large commercial for KW and KWH while the customer charge would be $40 for the initial service plus $6.75 for each additional unit over one connected to the master meter. John noted that the $6.75 provides for the distribution facilities and operational costs that are part of the monthly customer charge. John recommended approval of the resolution establishing the new service rate. Discussion followed. 9 301-18 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION REVISING ELECTRICAL RATES WHEREAS, Chapter 51 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to establish and change electrical rates, and; WHEREAS, the City of Vermillion Light & Power utility receives a fixed power allotment of power from the Western Area Power Administration and the remaining power allotment is from Missouri River Energy Services, our supplemental power supplier, and; WHEREAS, the residential service classifications was expanded by ordinance to include an exclusive student housing category, and; WHEREAS, the ordinance stated that a rate would be provided by resolution for the exclusive student housing category. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council Chambers of said City at 7:00 p.m. on the 4th day of September, 2018, that rates be changed or established as follows: Sec. 51.22 Residential service rates. Sec. 51.22 (B)(2)(a) Single dwelling & (b) Multiple dwelling For billing made after December 15, 2016 seasonal residential rates will be: Rate: All KWH per month per KWH at 9.1 cents for October –June billing and at 9.8 cents for July – September billing. The rate includes a surcharge fee per KWH at .0158 cents defined below Customer charge: $11.00 per month Sec. 51.22 (B)(2)(c) Service for 70 or more dormitory style apartment units providing exclusive student housing for 200 or more post-secondary students. For billing made after October 4, 2018 seasonal exclusive student housing service rates will be: Rate: All KWH per month per KWH at 3.9 cents. Maximum KW demand at $12.50 per KW for October – June billing and at $15.00 per KW for July – September billing. The rate includes a surcharge fee per KWH at .0158 cents defined below 10  Customer charge: $40.00 per month plus an additional charge $6.75 per month shall be assessed for each unit over one (1) connected to a master meter. Sec. 51.23 Small commercial power secondary service rate. For billing made after December 15, 2016 seasonal small commercial secondary rates will be: Rate: All KWH per month per KWH at 9.6 cents for October – June billing and at 10.2 cents for July – September billing. The rate includes a surcharge fee per KWH at .0158 cents defined below Customer charge: $18.00 per month for single phase services and $28.00 per month for three phase services. Sec. 51.24 Large commercial power secondary service rate. For billing made after December 15, 2016 seasonal large commercial secondary service rates will be: Rate: All KWH per month per KWH at 3.9 cents. Maximum KW demand at $12.50 per KW for October – June billing and at $15.00 per KW for July – September billing. The rate includes a surcharge fee per KWH at .0158 cents defined below Customer charge: $40.00 per month. Sec. 51.26 Night Watch Flood Service Rate. For billing made after December 15, 2016 the night watch flood service rate for electrical service shall be as follows: Lamp Size Monthly Charge 70 watt $5.90 100 watt $7.25 250 watt $12.55 400 watt $19.40 Sec. 51.27 City Street Lighting. For billing made after December 15, 2016 city street lighting service rates will be: Rate: All KWH per month per KWH at 12.9 cents. The rate includes a surcharge fee per KWH at .0158 cents defined below Surcharge Fee Series 2009: 11 There is hereby established and imposed, pursuant to the authority of SDCL 9-40, a surcharge upon the electric service served by the City of Vermillion electric utility. The surcharge shall apply to all classes of electric customers listed above. The surcharge is a special charge for the use of the electric system improvements financed with the proceeds of the City's 2009 Electric Revenue Bonds, and is pledged for the payment of the costs of operating and maintaining said improvements, and the debt service and other charges as may become due and owing on the 2009 Electric Revenue Bonds. The City hereby finds that the said improvements benefit all customers of its electric System and therefore imposes the surcharge fees on each customer of its System. The surcharge shall at all times be sufficient to produce net revenues for each fiscal year at least equal to one hundred twenty (125) percent of the principal and interest on the bonds coming due in such fiscal year. The charges shall be reviewed annually by city personnel and administratively adjusted, upwards or downwards, pursuant to SDCL 9-40-15.1 and 9-40-15 to such amounts as may be necessary to pay principal, interest and other charges as may become due and owing on the bonds. The surcharge fee per monthly billing shall be as follows: For billing made after December 15, 2016 the surcharge fee shall be .0107 cents per KWH. Surcharge Fee Series 2016A: There is hereby established and imposed, pursuant to the authority of SDCL 9-40, a surcharge upon the electric service served by the City of Vermillion electric utility. The surcharge shall apply to all classes of electric customers listed above. The surcharge is a special charge for the use of the electric system improvements financed with the proceeds of the City's 2016A Electric Revenue Bonds, and is pledged for the payment of the costs of operating and maintaining said improvements, and the debt service and other charges as may become due and owing on the 2016A Electric Revenue Bonds. The City hereby finds that the said improvements benefit all customers of its electric System and therefore imposes the surcharge fees on each customer of its System. The surcharge shall at all times be sufficient to produce net revenues for each fiscal year at least equal to one hundred twenty (125) percent of the principal and interest on the bonds coming due in such fiscal year. The charges shall be reviewed annually by city personnel and administratively adjusted, upwards or downwards, pursuant to SDCL 9-40-15.1 and 9-40-15 to such amounts as may be necessary to pay principal, interest and other charges as may become due and owing on the bonds. The surcharge fee per monthly billing shall be as follows: 12 For billing made after December 15, 2016 the surcharge fee shall be .0051 cents per KWH. The 2009 Surcharge fee and the 2016A Surcharge fee total of .0158 cents may be combined with the electric KWH charge on the monthly billing for ease of reporting. Dated at Vermillion, South Dakota this 4th day of September, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA _________________________________ By: John E. (Jack) Powell, Mayor Attest: ________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. F. Resolution of Necessity and Notice of Hearing for Construction of Concrete Surfacing along Elm Street from Alumni Street to 246-feet South of Alumni Street Jose Dominguez, City Engineer, reported that Vermillion Heights, LLC entered into a Developer’s Agreement with the City regarding the construction of the unfinished portion of Elm Street. Jose reported that the Vermillion Heights, LLC, have petitioned that Elm Street be paved from Alumni Street to 246-feet south which is where the concrete on Elm Street currently ends. Jose reported that the City typically gives owners requesting streets, or alleys, to be paved options on how the project can be completed. Jose stated that The Heights owners have requested the option whereby the City enters into an agreement with a consultant to complete the surveying, construction plans and specifications. The City bids and contracts for the construction and then assesses the costs of the consultant and construction to the adjoining property. Jose stated that the special assessment process provides that the governing body: (1) set a public hearing and (2) notify the property owners of the hearing by both sending notice and publishing a notice of the hearing. Jose stated that the notice calls for the public hearing to be held on October 1, 2018. Jose noted that following the hearing, the City Council will be asked to adopt a 13 resolution approving the special assessment roll with any added adjustments in the amounts. Discussion followed. 302-18 After reading the same once, Alderman Willson moved adoption of the following: RESOLUTION OF NECESSITY AND NOTICE OF HEARING FOR CONSTRUCTION OF CONCRETE SURFACING ALONG ELM STREET FROM ALUMNI STREET TO 246-FEET SOUTH OF ALUMNI STREET BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 4th day of September, 2018, that the necessity has arisen for the construction of a concrete street along the parcels of land hereinafter named, viz: Affected Affected Legal Affected Parcel Estimated Address description Number cost 1030 ELM STREET LOT 21, BLK 1, 15340-00100-210-00 $42,231.83 JOHNSON’S ADDITION 1000 N DAKOTA E 4’ OF LOT 5 EXC S 15340-00100-050-01 $43,525.58 STREET 320’, BLK 1, JOHNSON’S ADDITION The estimate is based on 2018 estimated costs and includes the 8% fiscal fee or engineering consultant cost. BE IT FURTHER RESOLVED, that when the cost of construction of the improvement has been determined, the Engineer shall calculate and report to the Governing Body the amount to be assessed against each lot or part of lot fronting or abutting upon the improvement. In determining such assessment, the Engineer shall divide the total cost of the improvement, less the City’s share of the cost, by the number of feet fronting or abutting upon said improvement. The quotient, plus the cost incurred by the City for any consultant associated with this project, shall be the amount assessed per front foot upon the property fronting or abutting thereon. BE IT FURTHER RESOLVED, that the lots and tracts of real property likely to be affected by the improvement are those parcels of land set forth after the above named alley. BE IT FURTHER RESOLVED, that the assessment shall be payable in ten (10) equal annual installments. Any assessment or installment not paid within THIRTY (30) days after filing the approved assessment roll in the Finance Office shall be collected under Plan One, collection by the 14 County Treasurer, as set forth in SDCL 9-43, and that all deferred payments shall bear interest at the rate of TEN PERCENT (10%) per annum. BE IT FURTHER RESOLVED, that the contractors who undertake to perform the work of construction herein provided for shall be paid in cash from the sale of special assessment bonds. BE IT FURTHER RESOLVED, that any person interested may appear and show cause, before the Governing Body of the City of Vermillion, at the City Council Chambers of said City at 7:00 p.m. on the 1st day of October 2018 why the above and foregoing resolution should not, at said time and place, be adopted and passed by the Governing Body, at which time the Governing Body will finally approve, disapprove, or modify the same in its discretion. Dated at Vermillion, South Dakota this 4th day of September, 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 Holland. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 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. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $2.4654, Brunick’s Service $2.50; Item 2 – 1,000 gal unleaded: Stern Oil $2.7058, Brunick’s Service $2.77; Item 3 – 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $2.5314, Brunick’s Service $2.55; Item 4 - 1,000 gal No. 2 diesel fuel-clear: Stern Oil $2.8279, Brunick’s Service $2.88 15 303-18 Alderman Price moved approval of the low quote of Stern Oil on all items. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Liquefied Propane Quotes Shane Griese, Utility Manager, reported that quotes were opened on August 31st for annual supply of liquefied propane for the Recycling Center and Landfill. Shane noted that the Wastewater Treatment Plant used a small amount in the past but the digester improvement project will eliminate the need at the Wastewater Treatment Plant. Shane stated that requests for proposals were sent to seven suppliers with quotes received from four. Shane recommended the low quote from Butch’s Propane of $.963/gallon. Quotes for up to 17,000 gallons liquefied propane: Long’s Propane $1.20/gallon; Ferrell Gas $1.08/gallon; Butch’s Propane $0.962/gallon; Tri County Oil & Propane $1.1648/gallon 304-18 Alderman Collier-Wise moved approval of the low quote of Butch’s Propane of $.962 per gallon for up to 17,000 gallons of liquefied propane. Alderman Hellwege seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the Bike Master Plan Open House is Monday, September 10th from 5:30 p.m. to 7:30 p.m. in City Hall Council Chambers. B. John reminded citizens that portions of Main Street, Market Street, Austin Street, Kidder Street, Court Street, and Prospect Street will be closed on September 7, 8 and 9th for Ribs, Rods and Rock ‘N Roll events. C. John reminded citizens that parking will be removed on N. Dakota Street from Alumni Street to Highway 50 and that Rose Street will be closed from Spruce Street north to the Dome on USD football Saturdays with the first Saturday being September 8th with the parking removal and Rose Street closure from 6:00 a.m. to 6:00 p.m. D. John reported that the City is accepting Expression of Interest forms for two Tree Board terms. John stated that one term is vacant while the term of the second member is expiring. John asked that 16 completed Expression of Interest forms be returned by noon on Wednesday, September 12th in anticipation that the City Council will make appointments at the September 17th meeting. E. John reported that the Verizon representative has submitted a design for City Council review of a stealth tower to be located on the west side of Market Street. John stated Verizon was requesting comments on the design before they moved forward with the application. PAYROLL ADDITIONS AND CHANGES Street: Cory Taggart $16.93/hr; Ambulance: Ann Flinn $8.85/hr- $8.85/training-$13.27/hol, Maria Glover $8.85/hr-$8.85/training- $13.27/hol, Jordan Leach $10.00/hr-$8.85/training-$15.00/hol-$2.00/on call-$3.00/hol on call, Matt Wilmes $10.00/hr-$8.85/training- $15.00/hol-$2.00/on call- $3.00/hol on call; Recreation: Ethan Weber $9.00/hr; Pool: Natalie Nulle $10.25/hr; Library: Nicole Andrews $9.00/hr; Golf Maintenance: Justin McGregor $9.25/hr; Curbside: Alex Leber $15.86/hr 11. Invoices Payable 305-18 Alderman Collier-Wise moved approval of the following invoices: A-1 Portable Toilets portable toilet rental 480.00 A-OX Welding Supply Co chemicals 1,661.50 Accu-Products Intl. parts 254.76 Action Electric Co. repairs 6,632.67 ADAPCO, Inc supplies 760.50 American Legal Publishing renewal 375.00 Appeara supplies 45.00 Aramark Uniform Services uniform cleaning 298.07 Argus Leader Media #1085 subscription 25.00 Arrow Manufacturing parts 240.00 Automatic Building Control repairs 786.29 Avera Occupational Medicine testing 61.00 AWWA dues 202.00 Axon Enterprise Inc supplies 600.00 Banner Associates, Inc professional services 6,797.01 Bhs Marketing, LLC soda ash 13,552.00 Bierschbach Eqpt & Supply parts 378.40 Blaine's Body Shop repairs 1,838.30 Books By Terrall books 59.95 Border States Elec Supply supplies 4,813.65 17 Bound Tree Medical, LLC supplies 3,063.13 Broadcaster Press advertising 80.00 Butler Machinery Co. parts 1,190.97 BX Civil & Construction Jefferson street improvements 88,715.25 California Contractors Supply supplies 199.19 Campbell Supply supplies 989.20 Cedar County Veterinary Service professional services 147.17 Century Business Products copier contract/copies 194.92 Centurylink telephone 708.36 Chesterman Co merchandise 1,113.62 Chet Moser meals reimbursement 26.00 City Of Vermillion postage/copies 1,316.69 City Of Vermillion utility bills 49,868.60 Civicplus yr 2 website setup/annual fee 5,050.00 Coast To Coast Solutions library bags 382.84 Colonial Life Acc Ins. insurance 2,860.47 Convergint Technologies LLC alarm monitoring 360.00 Core & Main LP supplies 2,375.31 Coyote Convenience fuel 13.54 Crouch Recreation playground equipment 10,071.10 Dakota Beverage merchandise 5,690.25 Dakota Lock & Key professional services 40.00 Dakota Pc Warehouse computer/supplies 1,749.38 Dakota Pump Incorp parts 62.01 Dakota Rock Farms haul leachate 10,000.00 Danko Emergency Equipment parts 432.00 Delta Dental Plan insurance 6,226.86 Demco supplies 131.38 Dennis Martens maintenance 833.34 Dept Of Revenue testing 1,265.00 DGR Engineering professional services 2,610.00 Diamond Vogel Paints traffic paint 1,220.25 Diversified Inspections safety inspections 1,113.00 Earthgrains Baking Co's Inc supplies 82.20 Echo Electric Supply supplies 4,815.45 Energy Laboratories chemicals 1,150.00 Farner Bocken Company merchandise 3,442.08 Fast Auto Glass repairs 268.40 Fastenal Company supplies 48.46 Foreman Media council mtgs 100.00 Four Winds Interactive maintenance 403.10 Fred Haar Co, Inc parts 126.24 Gehm Group, Ltd appraisals 5,000.00 18 Global Dist. merchandise 390.26 GFOA membership 170.00 Graham Tire Co. tires 780.22 Grainger parts 301.99 Graymont Capital Inc chemicals 8,112.96 Great Northern Environment repairs 9,175.56 Gregg Peters advertising 500.00 Gregg Peters rent 937.50 Hauff Mid-America Sports uniform shirts/jackets 316.00 Hauger Lawn Service mowing 143.00 Hawkins Inc chemicals 4,544.40 Herc-U-Lift repairs 2,044.20 Herren-Schempp Building supplies 33.96 Hewlett Packard computer/supplies 4,434.00 Hy-Vee Food Store supplies 146.87 Independence Waste waste hauling 1,454.16 Ingram books 3,530.55 Inland Truck Parts Co. repairs 1,305.56 Intek carpet cleaning 53.25 Interstate All Battery Center batteries 48.45 Jacks Uniform & Eqpt uniform shirts/vests 1,532.68 Jeff Mart safety boots reimbursement 100.00 Jerry's Chevrolet Buick GM parts 267.94 Jessica Standley meals reimbursement 156.00 Jim Balleweg safety boots reimbursement 100.00 Jim Goblirsch reimbursement-concession candy 267.02 John A Conkling Dist. merchandise 4,371.95 Johnson Brothers Of SD merchandise 10,274.78 Johnson Controls service agreement/repairs 2,675.11 Jon Cole meals/mileage reimbursement 174.00 Jones Food Center supplies 1,933.14 Kalins Indoor Comfort filters 194.16 Karsten Mfg Corp merchandise 2,797.58 Kyle Hoisington safety boots reimbursement 100.00 Leisure Lawn Care repairs 126.55 Library Furniture International browser bins/shelving 4,628.00 Locators And Supplies, Inc supplies 585.87 M & M Construction LLC sidewalk repairs 10,419.00 Mart Auto Body towing 675.00 Mary Damon-Burke refund parking tckt overpmt 5.00 Matheson Tri-Gas, Inc medical oxygen/cylinder rental 996.72 Matt Taggart refund 69.49 McCulloch Law Office professional services 1,034.00 19 Mead Lumber supplies 124.62 Medical Waste Transport, Inc haul medical waste 236.17 Menards shelf 19.99 Merrick Industries repairs 3,132.44 Micro Marketing LLC books 279.86 Midwest Alarm Co annual alarm inspection 494.00 Midwest Ready Mix & Equipment concrete 714.00 Midwest Turf & Irrigation parts 361.24 Missouri River Energy Service infrared inspection 950.80 Missouri Valley Maintenance repairs 1,902.76 Mister Smith's catering-pool parties 116.91 Moore Welding & Mfg repairs 95.00 Mr. Golf Car, Inc repairs 185.00 National Music Museum contribution 15,000.00 NatL Registry Of Emerg Services paramedic emblems 35.00 Netsys+ repairs/computer/prof services 6,412.50 Newman Signs, Inc supplies 1,473.07 Northern Safety Co. Inc industrial fan 586.45 O'Reilly Auto Parts parts 96.01 Office Systems Co copier contract/copies 808.34 Olson Sod Farms sod 486.25 PCC, Inc commission 2,660.04 Penworthy Company books 118.65 Pepsi Cola Of Siouxland merchandise 634.15 Petrochoice supplies 56.87 Pressing Matters envelopes/stamper 428.00 Presto-X-Company inspection/treatment 106.00 Print Source advertising 260.00 Pro Track & Tennis Inc color coat basketball court 13,750.00 Prochem Dynamics supplies 268.77 Property Maintenance Service mowing 630.00 Quill supplies 947.38 Racom Corporation maintenance 456.81 Reams Sprinkler Supply parts 13.68 Recorded Books, Inc books/subscription 440.00 Redi Towing towing 75.00 Reel Sharp repairs 480.00 Reflective Apparel Factory uniform shirts 259.81 Reinhart Foodservice, LLC supplies 655.74 Republic National Distributing merchandise 3,964.26 Resco poles 5,616.00 Riverside Hydraulics & Lab parts 32.68 Road King, Inc road king trailer 6,900.00 20 Rushmore Service Center garnishment 2,406.27 Ryan Anderson meals reimbursement 156.00 Samantha Berres repairs reimbursement 26.97 Sanford Health Plan participation fee 63.00 Sanitation Products Inc dump body 14,068.82 Schaeffer Mfg. Co tire sealant pump 61.66 SD Retirement System contributions 54,641.00 Security Shredding Service document shredding 35.00 SEH, Inc professional services 4,687.50 Service Master Of SESD custodial 4,459.16 Sioux Equipment parts 1,654.38 Snap-On Industrial tool kit 549.30 Sooland Bobcat repairs 1,872.70 Southern Glazer's Of SD merchandise 2,859.68 Standard Ready Mix Concrete pea rock 106.93 Stanger Litho Graphics supplies 559.00 Stern Oil Co. oil 1,734.58 Stewart Oil-Tire Co repairs 15.00 STT Enviro Corp filter cartridge 851.85 Sturdevants Auto Parts parts 2,123.39 Syncb/Amazon books/dvds 1,179.04 Taste Of Home Books books 33.98 Team Golf merchandise 512.50 The Equalizer advertising 218.00 The Ups Store #6751 shipping 11.89 Think Thread & Ink t-shirts-library 240.50 Titleist Drawer Cs merchandise 1,643.81 Todd’s Electric Service wire 183.64 Top Hat Embroidery sweatshirts-pool 348.00 Topkote Inc chip sealing 137,767.90 Tractor Supply Credit Plan supplies 266.93 Triview Communications repairs 759.50 Turner Plumbing repairs 299.50 Uline parts 25.85 United Accounts Inc garnishment 1,540.84 United Way contributions 560.50 Unum Life Insurance Company insurance 1,427.20 Utility Equipment Co. meters/parts 9,009.00 Van Diest Supply Co supplies 1,151.25 Vast Broadband 911 circuit/dial-up services 1,415.45 Verizon Wireless wireless communication 2,227.57 Vermillion Ace Hardware parts 1,694.57 Vermillion Chamber Of Commerce Platz sponsor 100.00 21 Visa/First Bank & Trust fuel/lodging/supplies 6,673.51 Wal-Mart Community supplies 1,812.22 Walker Construction repairs 2,840.70 Walt's Homestyle Foods, Inc merchandise 286.40 Wendy Nilson mileage reimbursement 27.30 Wesco Distribution, Inc supplies 1,412.10 Wigman Co parts 44.73 Yamaha Golf & Utility golf cars lease 3,772.00 Yankton Fire & Safety extinguishers 525.00 Yankton Medical Clinic testing 120.00 Zee Medical Service supplies 365.05 Ziegler Inc repairs 135.67 Zimco Supply Co supplies 5,763.00 Dorothy Blair Bright Energy Rebate 350.00 Orla Christensen Bright Energy Rebate 350.00 Shirley Brunick Bright Energy Rebate 350.00 Doug Thompson Bright Energy Rebate 500.00 Kalins Indoor Comfort Bright Energy Rebate 400.00 Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of September 17, 2018 for a special daily malt beverage and wine license for the Vermillion Area Arts Council on or about October 6, 2018 at 202 Washington Street. 306-18 Alderman Collier-Wise moved approval of the consensus agenda. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 307-18 Alderman Sorensen moved to adjourn the Council Meeting at 7:37p.m. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 4th day of September, 2018. 22  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