City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session November 19, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, November 19, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Hellwege, Humphrey, Price, Sorensen, Willson, Mayor Powell Absent: Holland, Ward 2. Visitors to be Heard - None 3. Educational Session – Federal Grant Administration Policies and Procedures – Mike Carlson Mike Carlson, Finance Officer, reported that the Federal Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards Title 2 Code of Federal Regulations Part 200 requires entities such as the city that receive federal grants to establish and maintain effective internal controls over the federal awards, have written documentation for: determining the allowability of costs; for payments or cash management: procurement procedures and standards for conduct covering conflict of interest. Mike stated that earlier this year the auditors reported that this would be required and the Department of Legislative Audit spoke about the need at the SDML conference in October. Mike stated that he reviewed other governmental agencies policies and procedures which were located on the internet to develop the policies and procedures handed out today. Mike reviewed the draft Federal Grant Administration Policies and Procedures prepared to address the federal requirement. Mike noted that the draft policies and procedures were reviewed by the auditor who felt that they met the federal requirement. Discussion followed with Mike answering questions of the City Council. Mike stated that adoption of the Federal Grant Administration Policies and Procedures will be on a future City Council meeting agenda. 4. Informational Session – Prentis Plunge fees – Jim Goblirsch Jim Goblirsch, Director of Parks & Recreation, reported that at the December meeting the City Council will be reviewing City fees along with suggestions for changes to current fees. Jim reported that the 1 Prentis Plunge has completed its second year of operations and lost money each year. Jim noted that public pools normally lose money but, as the rates have remained the same for the last two years while other costs have gone up, a review of the rates should be considered. Jim provided information on other municipal pool rates noting that each pool has different definitions of age to start charging as well as fee packages. Jim stated that our rate has been the same for two years and recommended a $5 increase in the season pass for child ($35 to $40), adult ($30 to $35) and senior ($25 to $30) while the daily admission fee would remain at $5. Jim noted that the scholarship program would remain the same in working with Social Services to discount the season pass for those who are on assistance programs. Jim stated that the $5 increase is estimated to generate just over $8,000 and that the concession prices would be reviewed based upon the cost of products and adjusted in the spring. Jim noted that the $5 is not all City revenue as there is sales tax that needs to be backed out. If the season pass is purchased online there is a fee that the City is charged for processing the online payment and if the pass is purchased during the discount time that would also reduce the revenue received by the City. Discussion followed on the rates being charged as well as the fees. The consensus of the Council was to see if the online fee can be passed along as a convenience fee to the users, leave the child pass at $35, increase the senior from $25 to $30 and increase the adult from $30 to $40. Jim stated that he would review with the software company the ability to pass along the processing fee. 5. Briefing on the November 19, 2018 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 6. Adjourn 366-18 Alderman Price moved to adjourn the Council special session at 1:02 p.m. Alderman Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of November, 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 November 19, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, November 19, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Hellwege, Humphrey, Price, Sorensen, Willson, Mayor Powell, Student Representative Skunk Absent: Holland, Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of November 5, 2018 Special Meeting; November 5, 2018 Regular Meeting 367-18 Alderman Sorensen moved approval of the November 5, 2018 Special Meeting and November 5, 2018 Regular Meeting minutes. Alderman Humphrey seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 368-18 Alderman Willson moved approval of the agenda. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Annual Liquor and Wine license renewals Mike Carlson, Finance Officer, reported that this was the time set for the public hearing for the annual liquor and wine license renewals. Mike stated that the notice of hearing and the Police Chief’s report are included in the packet. Mike stated that, from the police report, 3 there were five license holders that had failed a compliance check and, as required by ordinance, a management plan from Bebee Street II, Inc for Carey’s Bar, Fraternal Order of Eagles for Eagles, Leo’s Sports Bar & Grill for Leo’s Sports Bar & Grill, Mexico Viejo, Inc for Mexico Viejo and Sunset Oil, Inc for Pump N Pack Casino are included in the packet. Mike noted that, for City Council actions, the Council may first want to consider the renewal of the retail on-sale liquor license for the Old Lumber Company, Inc for the Old Lumber Company Bar and Grill at 11 & 15 Court Street. Mike stated that in May 2018 Old Lumber Company, Inc was granted a site transfer of the liquor license to expand into 11 Court Street and at that time the site transfer was approved contingent upon final inspection by the building official. Mike reported that the site expansion has not been completed so the recommendation will continue for the approval of the retail on sales liquor license for the Old Lumber Company, Inc at 11 & 15 Court Street with the expansion into 11 Court Street contingent upon the final inspection of the building official. Mike noted that the second action would be to consider the renewal of the balance of the on-sale retail liquor licenses, on-off sale wine licenses and municipal package off sale license. Mike noted that, if not approved, the reason for the denial must be stated. Discussion followed 369-18 Alderman Collier-Wise moved approval of reissuance of the following licenses: On-Sale-Retailer Liquor with Sunday sales: Bunyan’s, LLC, Bunyan’s at 1201 West Main; Bebee Street II, LLC, Carey’s Bar at 18 West Main; Charcoal Lounge, Inc., Charcoal Lounge at 6 & 8 East Main; City of Vermillion, The Bluff's Golf Course at 2021 East Main; Fire Works, Inc, Dakota Brick House at 15 West Main Street; Fraternal Order of Eagles, Eagles Club 2421 at 114 West Main; J.N.J. Management, Inc., The Road House at 911 East Cherry; Leo’s Sports Bar & Grill, LLC, Leo's Lounge at 11 South Market; Red Steakhouse, Inc., Red Steakhouse at 1 East Main Street: Retail On-Off Sale Wine: Blue Inc, Little Italy’s at 831 East Cherry; Café Brule, Inc, Café Brule at 24 West Main; Circle 13, LLC, Westside Inn at 1313 West Cherry; D&D Foods, Inc, Hartford Steak Co Tavern at 7 Court Street; Fire Works, Inc, Dakota Brick House at 15 West Main Street; HyVee Food Stores Inc, HyVee at 525 West Cherry Street; Jon Donald Enterprises, Inc., Silk Road Café at 12 West Main; Mexico Viejo, Inc, Mexico Viejo Mexican Restaurant 432 E Cherry; Red Steakhouse, Inc, Red Steakhouse at 1 East Main Street; Sunset Oil, Inc, Pump N Pak Casino at 629 Stanford St Suite A; Varsity Pub, LLC, The Varsity at 113 East Main Street; Vermillion Downtown Cultural Assoc. Inc, Coyote Twin Theater at 10 East Main Street; Wal-Mart Stores, Inc., Wal-Mart #3734 at 1207 Princeton Street: Municipal Off-Sale Package Liquor: City of Vermillion, Municipal Liquor Store at 820 Cottage and the reissuance of the retail on sale liquor license for Old Lumber Company, Inc. for Old Lumber Company Bar & Grill at 11 & 15 Court St 4 with the expansion into 11 Court Street contingent upon occupancy permit issued by the building official. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. B. Site transfer of retail on-sale liquor license for Main Street Pub, Inc at 11 W. Main Street to include 9 W. Main Street and renewal of liquor license Mike Carlson, Finance Officer, reported that the retail on sale liquor license for Maya Janes at 9 West Main is in the process of being sold to an individual for a sports bar at 914 North Dakota. Mike noted that the license transfer will be considered at next meeting. Mike stated that, as such, the owners of Main Street Pub would like to expand their on sale liquor license into the building located at 9 West Main with the site transfer. Mike noted that the transfer would be contingent upon approval of occupancy by the building official as the two buildings need an internal doorway for the license to be expanded. Mike stated that, if the site transfer is approved, the retail on sale license will need to be considered for approval for 2019. Mike noted that this renewal should be contingent upon approval of occupancy by the building official on the doorway between the two buildings. Discussion followed. 370-18 Alderman Collier-Wise moved approval of the site transfer of the Main Street Pub, Inc retail on sale liquor license at 15 West Main Street to include the building located at 9 West Main Street and the renewal of the retail on sale liquor license with the expansion into 9 West Main Street contingent upon the occupancy permit by the building official as the two building need an internal doorway. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. C. Public Hearing on the Special Assessment roll for sidewalk repairs (southeast quadrant) Jose Dominguez, City Engineer, reported that at the November 5, 2018 meeting the City Council adopted a resolution setting the public hearing for the amended special assessment roll for sidewalk repairs for tonight. Jose reported that the project is complete and notice was published and sent to all property owners. Jose reported that the City Council may approve, equalize, amend or reject the assessment roll. Discussion followed. 371-18 5 After reading the same once, Alderman Collier-Wise moved adoption of the following: RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL FOR SIDEWALK REPAIRS IN THE CITY OF VERMILLION, SD WHEREAS, the Governing Body of the City of Vermillion, Clay County, South Dakota has established the special assessment rolls for defraying the cost of construction of sidewalks and related improvements against the several tracts of real property, in the City of Vermillion, Clay County, South Dakota, fronting and abutting upon: Owner Parcel ID Total Description (W/Fee) Margheim, Marvin E 15187-00100-170-00 $222.45 Lot 17 & S 1/2 Of 18 Blk 1 Countryside Addn Hjermstad, Dennis & 15260-00500-040-00 $202.23 Elizabeth R Lot 4 Blk 5 Eastgate Manor 3rd Addn Jacobs, Gerard A 15250-00400-030-00 $546.46 Lot 3 Blk 4 Eastgate Manor 2nd Addn Brady, Sean D 15250-00100-040-00 $470.11 Lot 4 Blk 1 Eastgate Manor 2nd Addn Ulrich, Robert Charles 15250-00100-030-00 $222.45 & Mary Lot 3 Blk 1 Eastgate Manor 2nd Addn Lavin, Matthew C & 15260-00800-070-00 $488.52 Carol J E 1/2 Of Lot 6 & All Lot 7 Blk 8 Eastgate Manor 3rd Addn Vermillion School 15320-09251-191-00 $1,268.07 District NW 1/4 NE 1/4 19-92-51 High School McCauley-Loof, 15710-07600-020-00 $588.59 Meghan & Travis Loof Lots 1 & 2 Blk 76 6  Smiths Addn Wolfpack LLC 15710-07400-030-00 $266.99 N 89' OF 1, 2 & 3 Blk 74 Smiths Addn Wood, William R 15230-00000-030-00 $252.14 Lots 1, 2 & 3 East End Addn Larson, Gary A & 15710-07300-100-00 $252.14 Christina M Lot 9 & 10 Blk 73 Smiths Addn Bye Real Estate LLC 15300-00200-040-00 $399.56 Lots 3 & 4 Blk 2 Hansons Addn Smith, Georges & 15710-07400-070-09 $252.14 Carol W W 1/2 OF N 1/2 Lot 7 Blk 74 Smiths Addn Moates, Melissa A & 15280-07800-120-00 $296.62 William T Le-Marjorie Lot 12 & W 1/2 Of 13 Blk 78 & Ellis Wilbur East Vermillion Addn Hanson, Reed E 15850-00200-020-00 $576.15 Lot 1 & N 10' Of Lot 2 Blk 2 Aud Tract B MAES DEBRA K 15850-00200-020-00 $576.16 N ½ OF LOT 19 & S 25’ OF LOT 20 & E ½ VAC ALLEY ADJACENT TO BRUYERS ADDN Nethken, Branden R & 15270-00100-140-00 $252.14 Hannah L Lot 14 Blk 1 Eastside Addn Rusch, Lana K 15600-00100-090-00 $293.51 Lot 9 Blk 1 Ridgecrest Addn Yip, Yew Mun 15600-00100-130-00 $202.23 Lot 13 Blk 1 Ridgecrest Addn 7 Edelen, Jarrod A 15290-00100-190-00 $252.14 Lots 18 & 19 East View Addn Goebel Patricia & 15230-00000-050-00 $257.01 Carol Person Lot 5 East End Addn Hogen Haus 15170-00200-030-00 $252.14 Properties LLC S 32' OF Lot 2 & N 12' Of Lot 3 Blk 2 College Park Muenster Karen 15230-00000-040-00 $399.56 Kay Trust Lot 4 East End Addn Campbell, Eric & Dixie 15280-07700-000-09 $281.32 S 60' Of E L-1 Blk 77 East Vermillion Addn Hanson, Timothy J & 15710-07800-000-06 $281.32 Susan D L S 78' Of N 404' Of W 185' Of Blk 78 Smiths Addn Schoellerman, Blaine M 15570-00100-020-00 $316.84 Lot 2 Blk 1 Park View Acres 2nd Addn First United Methodist 15600-00200-010-00 $387.37 Church Of Vermillion Lot 1a Replat Of Lot 1 Blk 2 Ridgecrest Addn Stevenson Sandra E Etal 15610-00100-290-00 $316.84 Le-Robert E Stevenson Lot 29 Blk 1 Ridgecrest 2nd Addn Koppang, Miles D & 15220-00100-030-00 $387.37 Kerry L Lot 3 Blk 1 East Acres Addn Yarbrough, Stephen L & 15780-00100-160-00 $399.56 Janis M Lot 16 Blk 1 Urups Addn The assessment roll filed in the office of the City Finance Officer of the City of Vermillion, South Dakota on the 10th day of October 2018, 8 was found to have an error and a corrected assessment roll was filed on the 29th day of October 2018. WHEREAS, said Governing Body, by resolution, fixed this time and place for hearing, upon the assessment rolls, and directed the City Finance Officer, of the City of Vermillion, Clay County, South Dakota, to publish a Resolution and Notice for such hearing in the official newspaper of Vermillion, South Dakota. Said Resolution and Notice described, in general terms, the improvement for which the special assessment is levied, the date of filing of the assessment rolls, and the time and place for the hearing that the assessment rolls would be open for public inspection at the office of the City Finance Officer of Vermillion, South Dakota, and referred to the assessment rolls for further particulars. The Finance Officer was further directed to mail a copy of the Resolution and Notice, by first-class mail, postage thereon fully prepaid, addressed to the property owners of any property to be assessed for such improvement at their address, as shown by the records of the Director of Equalization, prior to the date set for the hearing. WHEREAS, it now appears that the Finance Officer has caused notice of the hearing to be given in the manner provided by the aforementioned Resolution and Notice, and by law. WHEREAS, all persons interested have been given an opportunity to appear and show cause why the Governing Body should not approve the assessment rolls, and the assessments against the respective premises of the owners, and the Governing Body has determined that the assessment rolls are, in all respects, true and correct and according to law. NOW, THEREFORE, IT IS RESOLVED, by the Governing Body of the City of Vermillion, Clay County, South Dakota that the special assessment rolls are hereby approved without amendment or change. BE IT FURTHER RESOLVED, that the approved assessment rolls be filed in the office of the City Finance Officer the day after approval of the assessment rolls. The City Finance Officer shall publish once in the official newspaper of Vermillion, South Dakota, and a copy of this Resolution and Notice, along with the approved assessment rolls. BE IT FURTHER RESOLVED, that the City Finance Officer shall immediately mail to the owner, or owners, of each lot, parcel or piece of ground, as shown by the assessment rolls, a copy of this Resolution and Notice, along with the approved assessment roll for that location. NOTICE IS HEREBY GIVEN, that the assessments mentioned in the assessment rolls will be payable according to the provisions of Plan 9 One, as set forth in Sections 9-43, inclusive of the Codified Laws of the State of South Dakota, unless superseded by a deferred assessments agreement. NOTICE IS FURTHER GIVEN, that any assessment under Plan One, or any installment thereof, may be paid without interest to the City Finance Officer whose office is located in City Hall at 25 Center Street in the City of Vermillion, South Dakota, at any time, within thirty days after the filing of the approved assessment rolls in the office of said City Finance Officer. Thereafter, and prior to the due date of the first installment, the entire assessment remaining, or any number of installments thereof, plus interest thereon, from the filing date to the date of payment, may be paid to the said City Finance Officer. After the due date of the first installment, provided that the installments, which are due together with interest included thereon, have been paid, any or all of the remaining installments not yet due may be paid without additional interest to the said City Finance Officer. All installments paid prior to their respective due dates shall be paid in inverse order of their due dates. No installment, under Plan One, shall be paid to the said City Finance Officer on or after its due date, and on and after said date such installment shall be paid only to the County Treasurer with interest. NOTICE IS FURTHER GIVEN, that the approved assessment rolls, will be filed with the City Finance Officer on November 20, 2018. The assessment is payable in two (2) installments at ten percent (10%), per annum, interest on unpaid installments as stipulated in the assessment roll for each location. The first installment due date is January 1, 2019. Subsequent installments are due January 1st of each succeeding year until the entire assessment is paid. Dated at Vermillion, South Dakota, this 19th day of November, 2018. THE GOVERNING BODY OF THE CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA By: _____________________________________ John E. (Jack) Powell ATTEST: By: _______________________________ 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. 7 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 10 D. Public Hearing for construction of concrete surfacing on Hawthorn Street from Anderson Street to the east side of the intersection of Harrison Street and Hawthorn Street Jose Dominguez, City Engineer, reported that the city received a petition for the paving of Hawthorn Street. Jose stated that the petition required that a simple majority of the property owners (based on frontage owned) sign the petition before it is presented to the Council and in this case 61.5% of the frontage owners signed the petition. Jose stated that on November 5, 2018, the City Council passed a Resolution of Necessity and Notice of Hearing setting the public hearing on the concrete surfacing of Hawthorn Street for tonight. Jose reported that the property owners were notified by mail, and the notice of hearing has been published once in the Plain Talk. Jose reported that since the notices were mailed he has been contacted by Dillon Borchardt, owner of 115 Anderson, who was concerned with the cost of the project. Jose provided a copy of a letter he received from Joel Heine owner of 203 Anderson who was opposed to the project. Jose provided a memo explaining the options available to the Council to adopt or not adopt and that the property owners can also circulate a petition in opposition to the assessment and if greater than 55% of the property owner front footage is received the City Council will then need to hold another meeting to consider the resolution and a two thirds vote is required to continue with the project. Dillion Borchardt, resident of 115 Anderson, stated that he just purchased his home and the ten year assessment would be a financial hardship at this time and asked if this project could be delayed. Atiba Bradley, resident of 1109 Hawthorne, stated that he signed the petition but did not completely understand the financial impact of paying the special assessments and requested the project be delayed. Discussion followed noting that if Mr. Bradley had not signed the original petition it would have had less than 50% of the front footage and would not have been brought forward to the City Council. 372-18 Alderman Collier-Wise moved to reject the Resolution of Necessity for Construction of Concrete Surfacing on Hawthorn Street from Anderson Street to the East Side of Harrison Street. Alderman Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the resolution rejected. 7. Old Business – None 11 8. New Business A. Collective Bargaining agreement with Fraternal Order of Police #19 for City of Vermillion Police Officer and Detective positions John Prescott, City Manager, stated that, at the November 5th City Council meeting, the Labor and Finance Committee reported on negotiations and recommended approval of a contract with the Fraternal Order of Police Lodge #19. John reported that the proposed agreement with FOP is largely similar to the current agreement but does include several changes. John reported that some of the more notable financial changes include: a) The proposed agreement would run from January 1, 2019 until December 31, 2021., b) The proposal provides for a cost of living adjustment of 2.25% on January 1, 2019, 2.5% on January 1, 2020, and 2.5% on January 1, 2021., c) The shift differential will increase from the current $.75 per hour to $1.00 per hour beginning January 1, 2020 for employees working between 6:00 p.m. and 6:00 a.m., d) The City currently provides a 5% wage increase for hours Certified Field Training Officers spend providing field training service. Under this agreement, the percentage will increase to 6% on January 1, 2020 and 7% on January 1, 2021, e) A 12th pay step will be added to the pay scale beginning in January 2020, and f) Employees covered by the agreement will also receive an additional personal leave day beginning in 2019. The hire date during the year in which an employee begins employment does impact the ability to receive the additional personal leave day. John recommended approval of the proposed agreement. Jon Cole, representing the Fraternal Order of Police Lodge #19, wanted to thank the City Council, Labor and Finance Committee and the City Manager for the consideration of the union agreement. 373-18 Alderman Sorensen moved approval of the collective bargaining agreement as presented with the Fraternal Order of Police Lodge #19 for the period of January 1, 2019 to December 31, 2021. Alderman Humphrey seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. B. Memorandum of Understanding with Clay-Union Electric to change electrical service territory for Lots 5 and 6, Lotuswood Addition (northeast corner of Princeton Street and W. Duke Street) John Prescott, City Manager, stated that, at the November 5, 2018 City Council meeting, the Utilities Committee reported that their recommendation was to bring forward the proposal for consideration via a Memorandum of Understanding (MOU) with Clay-Union Electric to change electrical service territory for lots 5 and 6, Lotuswood Addition 12 located in the northeast corner of Princeton Street and West Duke. John stated that since 2014 the two lots have been listed on maps and documents on file with the South Dakota Public Utility Commission as part of the City of Vermillion’s electric service territory. John noted that prior to 2014 maps indicated that these two lots were in the Clay- Union Electric service territory. John noted that since 2006 Clay-Union Electric has provided electrical service to both units of a twinhome located on Lot 5. John stated that the proposal contained in the MOU is that the City and Clay-Union Electric would work to transfer Lots 5 and 6, Block 2 of Lotuswood Addition at the corner of Princeton Street and W. Duke Street from City electrical service territory to Clay-Union Electric service territory on the PUC records. John stated that the City would not be required to pay lost revenue payments on the next two lots developed in Bliss Pointe that are within electrical service territory annexed from Clay-Union Electric to the City in 2013. John stated that the MOU included in the packet has been developed to document the proposal. John stated that the City Attorney and Clay- Union Electric Attorney have approved the language utilized in the proposed MOU. John recommended approval of the MOU as presented. 374-18 Alderman Willson moved approval of the Memorandum of Understanding with Clay-Union Electric as presented and authorized the Mayor to sign the document. Alderman Sorensen seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. C. First Reading of Ordinance 1392 to amend Title XV, Chapter 150 Building Regulations, Section 150.02 to adopt and enact the 2018 International Building Code as modified by the City of Vermillion Farrel Christensen, Building Official, reported that the City has adopted the 2012 International Building Code, International Residential Code, International Property Maintenance Code and the International Fire Code. Farrel stated that each code can stand alone but adopted together provide a comprehensive code to address all construction. Farrel stated that there is an International Plumbing and Electric Code that is not being adopted as the State of South Dakota handles permits and inspection for these two codes. Farrel stated that the International Building Code addressed the building requirements for multi-family and commercial buildings. Farrel stated that the proposed ordinance includes the appropriate information that is specific to our city as well as other modifications included in previous code adoptions. Farrel reviewed some of the proposed modifications that are included in the International Building Code. Discussion followed. 375-18 13 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. 1392 entitled An Ordinance Amending Title XV, Chapter 150 Building Regulations, Section 150.02 to adopt and enact the 2018 International Building Code as modified by 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 19th day of November, 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 Sorensen. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 7 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 1393 to amend Title XV, Chapter 150 Building Regulations, Section 150.03 to adopt and enact the 2018 International Residential Code as modified by the City of Vermillion Farrel Christensen, Building Official, reported that this proposed ordinance is to update the International Residential Code from the 2012 to the 2018. Farrel stated that the International Residential Code applies to construction for single and two family buildings. Farrel stated that, as with the code presented earlier, the proposed ordinance includes the appropriate information that is specific to our city as well as other modifications included in previous code adoptions. Farrel reviewed some of the proposed modifications that are included in the International Building Code. Discussion followed. 376-18 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. 1393 entitled An Ordinance Amending Title XV, Chapter 150 Building Regulations, Section 150.03 to adopt and enact the 2018 International Residential Code as modified by 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 19th day of November, 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 Willson. After discussion, the question of adoption of the Resolution was put to a vote of the 14 Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. E. First Reading of Ordinance 1394 to amend Title XV, Chapter 150 Building Regulations, Section 150.50 to adopt and enact the 2018 International Property Maintenance Code as modified by the City of Vermillion Farrel Christensen, Building Official, reported that this proposed ordinance is to update the International Property Maintenance Code from the 2012 to the 2018. Farrel stated that the International Property Maintenance Code applies to the maintenance of commercial and residential structures. Farrel stated that no changes are being made to the rental housing code. Farrel stated that the International Property Maintenance Code is used in conjunction with the rental housing code for rental property and standalone for enforcement of maintenance on other property. Farrel stated that, as with the other codes presented earlier, the proposed ordinance includes the appropriate information that is specific to our city as well as other modifications included in previous code adoptions. Farrel reviewed some of the proposed modifications that are included in the International Property Maintenance Code. Discussion followed. 377-18 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. 1394 entitled An Ordinance Amending Title XV, Chapter 150 Building Regulations, Section 150.50 to adopt and enact the 2018 International Property Maintenance Code as modified by 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 19th day of November, 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 Hellwege. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. F. First Reading of Ordinance 1390 to amend Title IX, Chapter 92, Section 92.04 to adopt and enact the 2018 International Fire Code as modified by the City of Vermillion Matt Taggart, Fire Marshal, reported that this proposed ordinance is to update the International Fire Code from the 2012 to the 2018. Matt 15 stated that the International Property Maintenance Code applies to the maintenance of commercial and residential structures. Matt stated that the International Fire Code works hand in hand with the other international codes. Matt stated that, as with the other codes presented earlier, the proposed ordinance includes the appropriate information that is specific to our city as well as other modifications included in previous code adoptions. Matt answered questions of the City Council on the Fire Code. 378-18 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. 1390 entitled An Ordinance Amending Title IX, Chapter 92, Section 92.04 to adopt and enact the 2018 International Fire Code as modified by 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 19th day of November, 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 Hellwege. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. G. First Reading of Ordinance 1389 to amend Title XI, Chapter 114 Sections 114.01 to 114.10 to add additional definitions and amend the regulations governing Transportation Network Companies and Vehicle-for- Hire drivers James Purdy, Assistant City Manager, reported that in August 2017 the City Council amended Title XI, Chapter 114, to include Transportations Network Companies (TNCs) in Sections 114.01 to 114.09 to reflect changes in South Dakota state statute, and added §114.10 Regulations for Transportation Network Companies. James stated that, since that time, interest in becoming a TNC driver in Vermillion has increased significantly, as the City has gone from one permitted driver to five within the past several months. James stated that, during the process of permitting the new drivers, it became apparent to City Staff that the City has one of the most restrictive TNC ordinances in the state, which inadvertently places a disproportionate amount of liability and responsibility on the City, rather than the TNC. James stated that current ordinance requires all taxicab/TNC applicants to undergo an annual physician’s examination, vehicle inspection, and FBI and SD-DCI 16 fingerprint background checks. James noted that these requirements can be time consuming, burdensome, costly, and at times redundant for TNC applicants and drivers. James reported that the only TNC Company currently operating in South Dakota already requires both a background check on the prospective driver and visual vehicle inspection for each TNC personal vehicle. James noted that the state’s current TNC company provides four different insurance coverages to their drivers while conducting official business, including one million dollars in primary liability coverage while there is a rider in the vehicle. James stated that proposed Ordinance No. 1389 would take a more balanced and comprehensive approach by adding additional definitions and regulations governing TNCs and vehicle-for-hire drivers, streamlining the TNC driver application process, while also reducing the City’s potential liability. James stated that the proposed ordinance will require the following: TNC to conduct an initial and annual background check; Language requiring a TNC to have a zero tolerance policy for drug and alcohol use when logged into the companies digital network pursuant to SDCL 32-40-5; Language requiring the TNC driver to submit to a SD-DCI fingerprint background check every 3rd consecutive year of renewal; A requirement that an applicant must self-certify they have never been diagnosed with any other infirmity that prevents them from safely operating a vehicle; A requirement that no driver may have more than three moving violations in the past three years; A provision allowing the City Manager to revoke and/or not renew a driver’s permit for failing to disclose any information that may affect a driver’s eligibility to maintain their TNC permit. James stated that the proposed ordinance will remove the following: FBI fingerprint background check requirement; Physician’s examination and statement requirement; No moving violations within 90 days of application requirement. Discussion followed with James answering questions on the proposed ordinance. 379-18 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. 1389 entitled An Ordinance Amending Title XI, Chapter 114 Sections 114.01 to 114.10 to add additional definitions and amend the regulations governing Transportation Network Companies and Vehicle-for-Hire drivers by 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 19th day of November, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. 17 The motion was seconded by Alderman Sorensen. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. H. Resolution for Prentis Street Lift Station Acceptance of Work Mike Carlson, Finance Officer, reported that the Prentis Street Lift Station project including the sewer main is completed and final payment is included in the invoices payable. Mike reported that Banner Associates, the Project Engineer, have determined that the project has been completed. Mike stated that SECOG has reported that a requirement of the Community Development Block Grant is a resolution of acceptance of project work by the City Council. Mike recommended adoption of the resolution. 380-18 After reading the same once, Alderman Willson moved adoption of the following: CITY OF VERMILLION PRENTIS STREET LIFT STATION PROJECT ACCEPTANCE OF WORK WHEREAS, the City has received a Community Development Block Grant 1516-104 from the Governor's Office of Economic Development, for the Prentis Street Lift Station Project; and WHEREAS, the contractor has completed the project and final payment is being processed; and WHEREAS, the Project Engineer has reviewed the work completed by the Contractor, and has determined the work has been completed in accordance with the plans and specifications; and WHEREAS, the project has been completed to the satisfaction of the City Council. NOW, THEREFORE, be it resolved the City hereby accepts the work on the project as completed. Dated at Vermillion, South Dakota this 19th day of November, 2018. 18  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By _____________________________ John E. (Jack) Powell, Mayor ATTEST: By __________________________________ John Prescott, City Manager The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 7 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. I. Grant Pre-Application Checklist for Projects at Harold Davidson Field Airport Jose Dominguez, City Engineer, reported that the latest airport capital improvement plan has the hanger taxi lane scheduled for rehabilitation during 2019. Jose reported that the FAA started the grant pre- application process in 2014 whereby basic information is provided in advance and the FAA is made aware of the timing for projects. Jose stated that the pre-application is for the engineering design of the taxi lane at an estimated cost of $52,000 of which 90% is federal, 5% state and 5% city. Jose recommended approval of the pre-application agreement. 381-18 Alderman Willson moved approval of the grant Pre-Application checklist for projects at Harold Davidson Field Airport for engineering of hanger taxi lane. Alderman Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion approved. J. Labor and Finance Committee report John Prescott, City Manager, reported that the city has two collective bargaining agreements with AFSCME. John stated that one agreement covers general employees that are not part of the Library, Police, Fire, Ambulance, Emergency Communications Departments or employees such as supervisors, part-time, seasonal, professional or confidential who are not eligible to be part of a union and the second agreement covers employees in the Emergency Communications Department. John stated that the current three-year labor agreements will end on December 31, 2018. 19 John stated that the City of Vermillion Labor and Finance Committee met and provided feedback via email to review progress on the negotiations with the union and provide guidance. John reported that City staff met with the AFSCME union representatives representing the respective bargaining agreements on several occasions and a tentative agreement for each of the two unions were reached within the guidelines established by the Labor and Finance Committee. John reported that the proposed AFSCME agreements are both largely similar to the current agreements but do include several changes. John noted that some of the more notable financial changes that are part of both agreements include: The proposed agreements would run from January 1, 2019 until December 31, 2021; The proposals provide for a cost of living adjustment of 2.25% on January 1, 2019, 2.5% on January 1, 2020, and 2.5% on January 1, 2021 and Employees covered by the agreements will also receive an additional floating holiday beginning in 2019 and the date of hire during the year in which an employee begins employment does impact the ability to receive the additional floating holiday. John reported that a change that affects only the proposed General Employee agreement is an adjustment in shift differential. John reported that the current shift differential would increase from 50 cents an hour to 75 cents an hour on January 1, 2019 and would increase to $1.00 an hour as of January 1, 2020. John noted that the changes which affect only the Emergency Communications agreement are: The shift differential will increase from the current $.75 per hour to $1.00 per hour beginning January 1, 2020 for employees working between 6:00 p.m. and 6:00 a.m.; The City currently provides a 5% wage increase for hours Certified Field Training Officers spend providing field training service and under this agreement, the percentage will increase to 6% on January 1, 2020 and 7% on January 1, 2021; There are two pay scales in the current agreement and the two scales will be maintained in the proposed agreement but steps will be adjusted to bring the two scales together at the end of the proposed three-year agreement with the goal to have a single pay scale after the proposed agreement ends in December 2021 and the maximum amount contributed toward a gym membership is increasing by $25. John noted that representatives of the AFSCME group representing the Emergency Communication membership have voted to accept the City’s proposal while the second AFSCME group have not voted at this time. Discussion followed. John recommended acceptance of the report of negotiations between both AFSCME unions and the Labor and Finance Committee and noted the proposed agreements will be part of the December 3rd agenda for consideration if ratified by a union vote. 382-18 Alderman Willson moved acceptance of the report of negotiations between both AFSCME unions and the Labor and Finance Committee. Alderman 20 Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. K. Pictometry agreement with Clay County John Prescott, City Manager, reported that in 2011 the Clay County Director of Equalization submitted a request to the City to help fund a Pictometry software project. John stated that Pictometry provides an image of properties in the County. John stated that the City and Clay County entered into a Memorandum of Understanding (MOU) for the City to share in the cost of the Pictometry. John stated that the first images were received in 2013 which were updated three years later. John stated that the cost to the City was $4,821.22 per year for the first three years and $4,622.84 for the last three years and the MOU proposed will be $5,630 for the next three years. John noted that the proposed MOU will be for three years and the City has the option to extend for another three years. John stated that, at that time, the city will review the benefits received. Discussion followed. 383-18 Alderman Willson moved approval of the Memorandum of Understanding with Clay County for the City to share in the cost of Pictometry in the amount of $5,360 per year for 2019-2021. Alderman Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings - None A. Sale of Surplus Basket Truck Jose Dominguez, City Engineer, reported that when bids were opened on November 5th no bids were received on the 2004 Ford F-550 w/Altec AT37- G basket. Jose reported that Keith Litke has offered to purchase the surplus vehicle for the appraised value of $15,000. Jose recommended acceptance of the offer. 384-18 Alderman Sorensen moved approval of the sale of the surplus 2004 Ford F-550 w/Altec AT37-G basket to Keith Litke for the appraised value of $15,000. Alderman Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that City offices will be closed on Thursday and Friday, November 22nd and 23rd for the Thanksgiving holiday and the Recycling Center will be closed Thursday, Friday and Saturday. 21 B. John reported that curbside recycling will not take place on Thursday, November 22nd or Friday, November 23rd. John stated that recycling crews will run both the Thursday and Friday route on Monday, November 26th. C. John reminded citizens that Main Street from Court Street west through Ratingen Platz and Market Street from Main Street south through Ratingen Platz will be closed on Thursday, November 29th from 5:00 p.m. to 7:30 p.m. for the VCDC’s Holiday Standstill Parade. D. John reported that the City Engineer approved a replat of Lots 4, 5, 6 and 7 of Block 6 in Bliss Pointe into 4A, 5A, 5B, 6A, and 6B of Block 6 Bliss Pointe. E. John reported that the Planning Commission will likely have a meeting on Monday, November 26th at 5:30 p.m. in City Hall for consideration of the design of a stealth tower to be located at 105 Market Street. F. John reported that the City Council and County Commission will have a joint meeting on Monday, December 3rd at 5:30 p.m. in the City Council Chambers. John stated that there are two items on the agenda: 1) the second reading of Ordinance No. 1391 to rezone three areas in the joint jurisdictional area from Agricultural to Rural Residential and 2)a variance request based on lot size for a parcel located east of the City on the south side of E. Main Street and within the joint jurisdictional area. G. John reported on the receipt of the following Raffle notification: Dakota Hospital Foundation is selling an arm span of tickets for $20 at their Holiday Décor Auction on November 20th. Prizes range in value from $30 to $300. Proceeds from the raffle will be used for Dakota Hospital Foundation health and wellness events. 11. Invoices Payable 385-18 Alderman Willson moved approval of the following invoices: Aramark Higher Education catering 132.19 AT&T Mobility mobile hot spots 434.83 Banner Associates, Inc professional services 9,431.75 Broadcaster Press advertising 1,968.93 Buhl's Cleaners mat/mop service 623.80 Bureau Of Administration telephone 148.48 22 Campbell Supply supplies 412.70 Cask & Cork merchandise 178.00 Centurylink telephone 1,669.87 City Of Vermillion landfill vouchers 600.00 Clay Rural Water System water usage 43.60 Clay-Union Electric Corp electricity 1,867.62 Cody Sommervold meals reimbursement 53.00 Dakota Beverage merchandise 7,310.96 Dept Of Environment & Natural Res. SWMP loan payment 26,929.54 First National Bank debt service 462,285.58 First National Wealth Mgmt trustee fees 5,300.00 First Rate Excavate, Inc Prentis Street lift final 10,619.24 Global Dist. merchandise 333.00 Gregg Peters managers fee 6,000.00 John A Conkling Dist. merchandise 3,502.45 John Lewis caterpillar scraper 44,000.00 Johnson Brothers Of SD merchandise 16,671.86 Jones Food Center supplies 327.22 Loren Fischer Disposal haul cardboard 1,250.00 MidAmerican gas usage 1,880.04 Midcontinent Communication internet/cable service 746.57 Midwest Pump & Mechanical repairs 1,494.91 Republic National Distributing merchandise 9,742.60 Reserve Account postage for meter 900.00 Sanford Health Plan participation fee 63.00 Schade's Vineyard merchandise 264.00 SD DENR landfill operations fee 3,767.70 SECOG grant administration 2,500.00 Southern Glazer's Of SD merchandise 3,182.83 Staples Business Credit supplies 1,331.03 Stern Oil Co. fuel 19,169.93 Sturdevants Auto Parts parts 22.78 The Equalizer advertising 475.00 Tim Taggart meals reimbursement 53.00 True Brands merchandise 18.17 United Parcel Service shipping 26.23 Us Postmaster postage for utilities 950.00 Vermillion Ace Hardware supplies 492.83 Vermillion Chamber Of Commerce TIF #5 grant 28,262.25 Mohs Contracting bright energy rebate 2,196.00 Alderman Hellwege seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 23 12. Consensus Agenda A. Set a public hearing date of December 3, 2018 for the transfer of a retail on-sale liquor license from Maya Janes, Inc to Brian Engleman for 914 North Dakota Street B. Set a public hearing date of December 3, 2018 for renewal of retail on-sale liquor license for Brian Engleman for 914 North Dakota Street 386-18 Alderman Price moved approval of the consensus agenda. Alderman Sorensen seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 387-18 Alderman Sorensen moved to adjourn the Council Meeting at 8:02 p.m. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of November, 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 ___________. 24