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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · January 21, 2019

AgendaMinutes

Minutes

Unapproved Minutes Council Special Session January 21, 2019 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, January 21, 2019 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Holland, Humphrey, Price, Sorensen (arrived at 12:05 p.m.), Ward (arrived at 12:02 p.m.), Willson, Mayor Powell Absent: Collier-Wise, Hellwege 2. Visitors to be Heard - None 3. Informational Session – Draft of Small Cell Telecommunications infrastructure ordinance – City staff John Prescott, City Manager, reported that the South Dakota Municipal Attorneys’ Association with the South Dakota Municipal League have developed a draft small cell telecommunications ordinance which has been sent out to the Council. John stated that he has asked staff to present the highlights of the draft ordinance. Farrel Christensen, Building Official and Jose Dominguez, City Engineer, reviewed the concept of small cell telecommunication facilities referred to as nodes and how they work with towers. Farrel stated that the draft ordinance is based upon compliance with the new Federal Communication Commission standards that supersede state and local regulations. Farrel reviewed the draft ordinance as to purpose, applicability, siting and collocation criteria, small cell facility permits, general review provisions, special review process, general standards, restoration, permitting process and maximum fees. Alderman Ward arrived at 12:02 p.m. and Alderman Sorensen arrived at 12:05 p.m. Farrel stated that the City of Sioux Falls has entered into a Master Lease Agreement with the cellular company instead of adopting an ordinance. John Prescott noted that a cellular company has inquired about a master lease agreement or if the City was going to adopt an ordinance. Farrel and Jose answered questions of the City Council on the draft ordinance. 1 John Prescott, City Manager, stated that the SD Municipal Attorneys’ group working on the draft ordinance may have another update that will need to be included in the ordinance. John noted that the City will have the option of adopting an ordinance to address small cell or enter into master lease agreements with each company. Discussion followed on the ordinance vs. master lease agreement noting that staff will continue to work on the draft ordinance and see if samples of master lease agreements are available. John stated that he would hope to have something for the City Council consideration this first quarter of 2019. 4. Informational Session – National Music Museum contribution request – Mayor Jack Powell Mayor Powell provided history of the National Music Museum (NMM) noting that they have been wanting to increase their facility space for many years. Mayor Powell noted that they can only display a fraction of the collection and have developed a plan to expand the museum at a cost of $10,565,000 and their fundraising is $1,300,000 short. Mayor Powell stated that the president of the NMM Board asked him if the City could provide funding for the expansion project. Mayor Powell stated that if the short fall cannot be resolved the NMM would start over and may look to relocate the museum or parts of the collection. Mayor Powell stated that he said that he would make a presentation to the City Council requesting $500,000 to be funded over five years to expand the museum in Vermillion. Mayor Powell asked the City Council members for their consideration of $500,000 for the NMM over a five year period. Discussion followed on funding options including second penny sales tax, BBB sales tax, sales tax rebates as well as the number of years. Nate Welch, Treasurer of NMM, answered questions on funding options that including five to ten years funding. Nate stated that, if the City could provide funding for the expansion, the museum would remain in Vermillion. The consensus was to provide funding for the NMM and to continue the discussion at the evening meeting as to the amount and number of years. 5. Briefing on the January 21, 2019 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 6. Adjourn 16-19 Alderman Ward moved to adjourn the Council special session at 12:58 p.m. Alderman Holland seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 2 Dated at Vermillion, South Dakota this 21st day of January, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session January 21, 2019 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, January 21, 2019 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Ward, Willson, Mayor Powell, Student Representative Skunk Absent: Hellwege 2. Pledge of Allegiance 3. Minutes A. Minutes of January 7, 2019 Special Meeting; January 7, 2019 Regular Meeting 17-19 Alderman Price moved approval of the January 7, 2019 Special Meeting and January 7, 2019 Regular Meeting minutes. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 3 18-19 Alderman Price moved approval of the agenda. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Wallace Post #1 Proclamation Alderman Sorensen read the proclamation recognizing the 100th anniversary of the American Legion Wallace Post #1 and proclaiming 2019 as Wallace Post #1 Year in Vermillion. Mayor Powell presented the proclamation to members of Wallace Post #1. Ray Hoffman, representing Wallace Post #1, thanked the City Council for the proclamation and invited the community to watch for the events that will be conducted during this year. B. Martin Luther King, Jr. Day of Service Proclamation Alderman Price read the proclamation for Martin Luther King, Jr. Day of Service that encouraged citizens to participate in the King Day of Service. C. Alan Madison, resident of 1301 Rockwell Trail, stated that he spoke at last meeting regarding the appeal of the Planning Commission decision on the Conditional Use Permit for twin homes at 317 and 321 Joplin Street. Alan stated that he had sent a letter to City Attorney McCulloch which requested the City Council to reconsider their vote and to deny the Conditional Use Permit. Alan provided background on his request, noting that City Ordinance Section 155.004 sets provision as to minimum requirements and includes deed covenants when determining the most restrictive that apply. Alan stated that the covenants provide for a single family residential structure per lot and the conditional use permit is for a single structure that accommodates two families on two lots. Alan stated that the City is bound by its ordnances to follow the covenants and, as such, should deny the conditional use permit. Alan stated that he has received the response from the City Attorney but questioned if it answered the issues he has raised. Alan stated that, if the City fails to deny or rescind the conditional use permit, a court will likely require the City to do so. Alan offered to answer any questions. 6. Public Hearings A. Special daily wine license for the Vermillion Cultural Association on or about February 16, 2019 at 4 West Main Street (Vermillion Theater) for a special event 4 Mike Carlson, Finance Officer, reported on the receipt of an application for a special daily wine license from the Vermillion Cultural Association on or about February 16, 2019 at 4 West Main for a special event. Mike noted that the Police Chief's report and notice of hearing are included in the packet. The Police Chief's report indicated that they would be carding and using wristbands for the event and noted that there has been no issues with past permits. Discussion followed on the special event. 19-19 Alderman Sorensen moved approval of the special daily wine license for the Vermillion Cultural Association for a special event on or about February 16, 2019 at 4 West Main Street. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. First reading of Ordinance 1397 to Rezone Lot 11 in Block 1, LaCroix Addition to the City of Vermillion, Clay County, South Dakota from GB – General Business to R-2 Residential District (property located at the southeast corner of E. Cherry Street and N. Crawford Road). James Purdy, Assistant City Manager, reported that Mr. Archimedes Plutonium submitted an application to rezone 609 North Crawford Road from the General Business (GB) to the R-2 Residential zone. James noted that the petition included the required signatures from 45% of the aggregate area surrounding property owners. James stated that the petition for zone change and map showing the location are included in the packet. James stated that the Planning Commission recommended approval of the zone change request for the lot from GB to R-2 Residential. James reviewed the location of the property as well as the zoning adjoining the lot. Discussion followed on the reduction of General Business zoned property for residential. Jose Dominguez, City Engineer, reviewed the location of the General Business zoned property along Cherry Street. Hazen Bye, representing the owner, noted that the property does not front Cherry Street but there is a frontage road and DOT property to the north while it adjoins residential to the south. 20-19 Mayor Powell read the title to the above mentioned Ordinance and Alderman Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1397 entitled an Ordinance Amending Title XV Land Usage; Chapter 155, Zoning Regulations; Section 155.026 Entitled Adoption Of Official Zoning Map, Rezoning Lot 11, Block 1, LaCroix Addition to the City Of Vermillion from the GB General Business District To The R-2 Residential District of the City of Vermillion, 5 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 21st day of January, 2019 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Collier-Wise. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Update on possible changes to City Code language for background checks for Transportation Network Company drivers James Purdy, Assistant City Manager, reported that approximately three weeks ago the City was contacted by several representatives from Lyft after they had expressed concern about the fingerprint background check requirement for TNC drivers in the City ordinance. James stated that they asked Lyft to provide the City with some additional information about their background check process, as well as possible language changes in the ordinance for the City to consider. James stated that, after reviewing the information provided by Lyft, administration believes that a minor adjustment to some language in our ordinance would reconcile Lyft’s request to remove the fingerprint background check requirement for its drivers. James stated that administration proposes the removal of the provision in section 114.08 of the TNC ordinance requiring TNC drivers to submit to a DCI fingerprint background check every third year, and add language to section 114.10, which would require TNCs to conduct a “City approved” local and national criminal background check “capable of ensuring compliance with SDCL 32-40-4”. James stated that SDCL 32-40-4 outlines persons that are prohibited from acting as TNC drivers, and mirrors the requirements for drivers we have laid out in 114.08. James noted that this adjustment would allow companies like Lyft who have a thorough screening process to fully assume the responsibility and liability of screening drivers, and require future TNCs to have their background check process reviewed by City Staff prior to having TNC licenses issued to their drivers. James stated that administration would propose adding an additional provision to 114.10 which would require a TNC to “provide a copy of its active South Dakota sales tax license to the City”, which Lyft has done, in order to help ensure that the company has legitimate standing in South Dakota. James stated that no action is requested tonight but asked for direction on the ordinance changes proposed. Discussion 6 followed on the proposed changes to the TNC ordinance. The consensus of the City Council was to bring the ordinance with the proposed changes to a future meeting. B. National Music Museum contribution request Mayor Powell provided some background on the National Music Museum (NMM) noting that it is nationally recognized for its collection of instruments from around the world. Mayor Powell stated that the Museum Board has been reviewing options to expand the museum for years with a current plan to expand to the west at an estimated cost of $10,565,000 of which there is a funding shortfall of $1,300,000. Mayor Powell noted that over the years there have been overtures to relocate the museum or parts of the collection. Mayor Powell stated that the NMM Board President had asked him if the City would provide funding for the expansion project. Mayor Powell stated that he would make a presentation to the City Council requesting $500,000 to be funded over five years. Mayor Powell asked the City Council members for their consideration of a contribution to the NMM expansion project. Discussion followed with Council members noting the national exposure provided by the museum, the need to do something to support the museum and funding options available. John Prescott, City Manager, reported that second penny sales tax or BBB sales tax funds could be used for funding. John stated that second penny sales tax funds were used for the support of the Wellness Center over a five year period totaling $340,000. John noted that the second penny sales tax ordinance was amended last year to allow for a transfer to the general fund for operations. John reviewed current items as well as upcoming projects that could be funded from second penny sales tax. John proposed that second penny sales tax funds be considered for this funding request. Discussion followed on the amount as well as number of years. Nate Welch, Treasurer of the NMM, stated that the NMM has funding structured to cash flow the project contributions being made over a number of years. Nate was asked if $100,000 a year for seven years would allow the project to move forward. Nate stated that $700,000 would allow for the project to proceed as Board members will work to secure the remaining funds. Discussion followed. 21-19 Alderman Holland moved to provide funding to support the National Music Museum expansion at $100,000 per year for seven years. Alderman Sorensen seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report 7 A. John reported that the SD Office of Emergency Management and FEMA will host an open house for review and comment on preliminary Flood Insurance Rate Maps (FIRMs) for Clay County. John stated that the open house will be at the Fire/EMS station at 820 N. Dakota Street on Wednesday, January 30th from 5:00 p.m. to 7:00 p.m. B. John reported that the Government Finance Officer Association has again awarded the City Finance Office with the GFOA Certificate of Achievement for Excellence in Financial Reporting for the 2017 annual report. John stated that this is the highest form of recognition in governmental accounting and financial reporting. C. John reported that the Heroes Behind the Badge Blood Drive will be on Monday, January 28th from 10:00 a.m. to 6:30 p.m. at Sanford Vermillion Hospital with a second opportunity on Saturday, February 9th from 8:00 a.m. to 1:00 p.m. at the USD/Sanford Health Fair. John noted that donors can vote for the Police Department or Fire Department in this friendly competition. D. John reported that the ICAP committee will be having a public meeting on Monday, January 28th at 7:00 p.m. in the Kozak room of the Public Library with the results of the Feasibility Study for a Community Center. PAYROLL ADDITIONS AND CHANGES Admin: Cody Senn $9.25/hr; Finance: Taylor Muller $14.01/hr; Police: Mark Foley $26.21/hr, Jamie Hall $23.75/hr, Anthoney Klunder $27.54/hr; Street: Paul Brunick $9.50/hr, Rich Walker $11.00/hr; Ambulance: Shane Boomer $10.00/hr-$10.00/hr training-$15.00/holiday hr; Communications: David Stammer $23.08/hr; Golf Maintenance: Mark Clark $31.94/hr, Travis Taggart $17.92/hr 11. Invoices Payable 22-19 Alderman Price moved approval of the following invoices: 2018 Invoices Aqua-Pure Inc chemicals 5,296.00 Aramark Uniform Services uniform cleaning 74.16 AT&T Mobility mobile hot spots 424.93 Banner Associates, Inc professional services 14,840.50 Blackstone Publishing books 150.00 Blue Inc wine license refund 500.00 Bound Tree Medical, LLC supplies 704.08 Broadcaster Press advertising 1,689.82 8 Brunick's Service Inc fuel 5,494.50 Buhl's Cleaners mat/mop svc 573.22 Bureau Of Administration telephone 152.43 Butler Machinery Co. parts 1,154.72 Campbell Supply supplies 22.06 Clay Rural Water System water usage 38.30 Clay-Union Electric Corp electricity 2,005.70 Colonial Life Acc Ins. insurance 1,430.17 Coyote Vending calendars 195.00 D-P Tools hex bit sets 137.60 Dakota Pc Warehouse ipads/cases/ink cartridges 1,641.92 Demco sofa/loveseat 1,211.12 Dennis Chandler merchandise reimbursement 123.05 Dubois Chemicals soda ash 6,776.00 Echo Electric Supply supplies 11.38 Emergency Apparatus Maintenance repairs 1,221.08 Energy Laboratories chemicals 1,150.00 Fred Haar Co., Inc rental 1,488.00 Gerstner Oil Co jet fuel 7,418.40 Global Equipment Company supplies 177.85 Graham Tire tires 590.93 Gregg Peters managers profit 32,087.10 Herren-Schempp Building supplies 41.94 HOA Solutions, Inc repairs 576.75 Ingram books 262.49 Integrated Technology & Security door lock system 26,248.00 Jacks Uniform & Eqpt uniform 115.90 Jonathan Warner boot reimbursement 217.27 Kwikboost charging stations-library 1,283.00 Loren Fischer Disposal haul cardboard 1,180.00 Malloy Electric parts 166.28 Matheson Tri-Gas, Inc supplies 681.81 McLeods Printing minutes book 479.32 Medical Waste Transport, Inc haul medical waste 217.51 Micro Marketing LLC supplies 24.99 MidAmerican gas usage 10,982.26 Midwest Ready Mix & Equipment flowable fill 352.00 Moore Welding & Mfg repairs 23.75 Nebraska Journal-Leader advertising 67.20 Netsys+ repairs 114.00 Newman Signs, Inc supplies 86.75 O'Reilly Auto Parts parts 3.99 Office Systems Co copier contract/copies 578.24 9 PCC, Inc commission 3,447.55 Quill supplies 114.27 Sanitation Products Inc parts 1,647.70 SD Board Of Operator Cert certification renewal 6.00 SD DENR landfill operations fee 2,781.74 Sooland Bobcat parts 199.33 Staples Business Credit supplies 743.91 State Hygienic Laboratory testing 1,086.00 Stern Oil Co. fuel/oil 7,739.66 Sturdevants Auto Parts parts 273.63 Syncb/Amazon books 209.00 The Equalizer advertising 248.00 Tractor Supply Credit Plan supplies 26.91 Truck-Trailer Sales repairs 235.60 Twin City Hardware parts 6,445.91 Two Way Solutions radio equipment 276.92 United Parcel Service shipping 228.90 Vermillion Area Comm Foundation round-up program 276.73 Vermillion Rotary Club dues/meals 127.75 Vessco, Inc parts 722.91 Winter Equipment Company parts 665.01 Yankton Medical Clinic testing 80.00 Ziegler Inc parts 516.76 2019 Invoices Centurylink telephone 1,584.87 Chad Christopherson safety boots reimbursement 100.00 Dakota Beverage merchandise 2,472.97 Dept. Environment Natl Res wastewater discharge permit 10,500.00 ESO Solutions, Inc software/maintenance 8,275.00 Global Dist. merchandise 75.00 Gregg Peters managers fee/advertising 6,500.00 John A Conkling Dist. merchandise 2,212.50 Johnson Brothers Of SD merchandise 12,257.56 Joint Utility Training School registration 600.00 Jones Food Center supplies 612.73 Midcontinent Communication cable/internet service 746.57 Midwest Alarm Co alarm monitoring 81.00 Minn Municipal Utility Association member dues/powerline 991.00 Prairie Berry Winery merchandise 519.00 Republic National Distributing merchandise 7,063.60 Reserve Account postage for meter 900.00 SD Assoc. Of Code Enforcement membership dues 40.00 SD Building Officials Association membership dues 50.00 10 SD Public Assurance Alliance boiler insurance 3,350.85 Sioux City Foundry Co supplies 2,250.00 Southern Glazer's Of SD merchandise 2,230.10 Stuart C. Irby Co. led fixtures 88,368.75 The Growler Station, Inc licensing/maintenance fee 749.97 US Postmaster postage for utility bills 1,000.00 Vermillion Ace Hardware supplies 83.35 Yankton Motorsports LLC Kawasaki mules 29,998.00 Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 23-19 Alderman Ward moved to adjourn the Council Meeting at 8:01 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of January, 2019. 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 ___________. 11

Agenda

Special Meeting Agenda City Council 12:00 p.m. (noon) Special Meeting Monday, January 21, 2019 Large Conference Room – City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Visitors to Be Heard 3. Informational Session – Draft of Small Cell Telecommunications infrastructure ordinance – City staff. 4. Informational Session – National Music Museum contribution request – Mayor Jack Powell. 5. Briefing on the January 21, 2019 City Council Regular Meeting – Briefings are intended to be informational only and no deliberation or decision will occur on this item. 6. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. As a courtesy to others, we ask that cellular phones and pagers be turned off during the meeting. City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Monday, January 21, 2019 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. January 7, 2019 Special Meeting; January 7, 2019 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard a. Wallace Post #1 Proclamation. b. Martin Luther King, Jr. Day of Service Proclamation. 6. Public Hearings a. Special daily wine license for the Vermillion Cultural Association on or about February 16, 2019 at 4 West Main Street (Vermillion Theater) for a special event. b. First reading of Ordinance 1397 to Rezone Lot 11 in Block 1, LaCroix Addition to the City of Vermillion, Clay County, South Dakota from GB – General Business to R-2 Residential District (property located at the southeast corner of E. Cherry Street and N. Crawford Road). 7. Old Business 8. New Business a. Update on possible changes to City Code language for background checks for Transportation Network Company drivers. b. National Music Museum contribution request. 9. Bid Openings 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3 Vermillion City Council’s Values and Vision This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and promoting these ideals to a consistently increasing populace. Unapproved Minutes Council Special Session January 7, 2019 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, January 7, 2019 at 12:00 noon at the Clay County Courthouse basement conference room. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Willson 2. Visitors to be Heard 3. Informational Session – Discussion on refunding 2009 Electric Transmission Revenue bonds – Finance Officer Mike Carlson Mike Carlson, Finance Officer, reported that the City issued bonds for the electric transmission line in 2009 which will be able to refund in December 2019. Mike noted that he had been in contact with Dougherty & Company about refunding and that a refunding cannot be closed more than 90 days before the call date and that interest rates can be locked in 60 days prior to that which would bring us to July 1st. Mike noted that the refunding documents would require 60 days to prepare and that the first step would be a refunding resolution for the City Council to approve that will become effective 20 days after publication. Mike stated that the December 2018 numbers showed a savings over the remaining life of the bond of $335,439 at net present value savings of $253,615. Mike also noted that the City has received SPP payments for the investment in the transmission line that currently total $1.5 million and for 2019 we are estimating payment of about $800,000. Mike suggested that up to $2 million of these reserves be used to reduce the refunding bond thus saving more interest and shortening the life of the bond. Mike answered questions of the City Council on the bond and refunding. The consensus was to move forward with the refunding resolution so the City will be ready to refund the bonds if there is a financial benefit to the City. 4. Briefing on the January 7, 2019 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 1 5. Tour of the Clay Area Emergency Communications Center and Police Department The tour was after the meeting was adjourned. 6. Adjourn 1-19 Alderman Ward moved to adjourn the Council special session at 12:17 p.m. for a tour of the Clay Area Emergency Communications Center and Police Department. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Matt Betzen, Police Chief, and Ryan Anderson, E911 Director, provided the City Council with a tour of the Police and Emergency Communications Center and answered questions. Dated at Vermillion, South Dakota this 7th day of January, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session January 7, 2019 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, January 7, 2019 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell, Student Representative Skunk Absent: Willson 2 2. Pledge of Allegiance 3. Minutes A. Minutes of December 17, 2018 Special Meeting; December 17, 2018 Regular Meeting 2-19 Alderman Sorensen moved approval of the December 17, 2018 Special Meeting and December 17, 2018 regular session minutes. Alderman Holland seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 3-19 Alderman Collier-Wise moved approval of the agenda. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Appeal of Planning Commission’s Decision Approving a Conditional-Use Permit for the Construction of Single-Family Attached Dwellings at 317 and 321 Joplin Street Jose Dominguez, City Engineer, reported that the City received an application for a Conditional-Use Permit (CUP) from AMS Building Systems on November 27, 2018. Jose stated that the CUP was for the construction of single-family attached dwellings at 317 and 321 Joplin Street. Jose reported that the application was presented to the Planning Commission at their December 10, 2018 meeting by the applicant and the Planning Commission approved the CUP without any conditions. Jose reported that an appeal of the Planning Commission decision was timely filed with the City by Mr. Tom Mrozla and Mrs. Gina Mrozla. Jose reported that the appeal asks for ‘safeguards’ to be placed on the approved CUP, but it does not ask for the approved CUP to be overturned. Jose stated that the City’s current process for conditional uses follows the Code of Ordinances Section 155.095 which sets the Planning Commission as the body that grants CUPs. Jose reported that the Planning Commission reviews the request and bases their decision on a criteria delineated in the ordinance. Jose stated that the ordinance provides that the Planning Commission’s decision can be appealed to the City Council by anyone feeling aggrieved by the conditions placed or the decision reached. Jose reported on the location where the CUP was 3 requested, noting that it is in the Bliss Pointe Planned Development District. Jose reported that the Bliss Pointe PDD was divided into four areas and each of those areas has different allowable uses and conditional uses. Jose stated that single-family attached dwellings would be located within Area B, which allows, as a conditional use, the construction of single-family attached dwellings. Jose stated that the appeal from Mr. and Mrs. Mrozla is requesting that the City Council amend the Planning Commission’s decision by placing the following ‘safeguards’: 1. A buffer lot is required next to an existing detached house. This buffer lot must be used for a detached house and not another attached house/twin home. 2. Attached housing must be scattered and cannot be grouped or contiguous to another attached/twin home. 3. The front of each attached unit must have at least 14’ of house wall facing the street. This wall facing the street must have the front door and at least one large window with the minimal dimension of 5’x5’. Jose stated that, with respect to ‘safeguard’ number one, through the CUP process the City cannot place conditions on a lot which is not part of the process. Jose noted that request number two could not be completed through the CUP process but would require an amendment to the the Bliss Pointe PDD ordinance. Jose stated that request number three could be more effectively handled by the developer, or the owner of the land, by amending the covenants for the Bliss Pointe development. Jose recommended maintaining the Planning Commission’s decision allowing for the construction of single-family attached dwellings without any conditions at 317 and 321 Joplin Street. Gina Mrozla, resident of 333 Joplin Street, reviewed the appeal of the Planning Commission’s decision that was presented to the City requesting the safeguards as explained by Jose. Gina noted that she did not know about the allowable uses in this area and that many of her neighbors who signed the petition did not know either. Gina noted that she did not feel that Joplin Street should have any attached dwellings. Gina noted that they were concerned about the impact on property values and requested consideration of the safeguards presented to protect the investment in their home. Gina noted that these conditions would guarantee diversity of housing projects and will guard against the negativity associated with grouping twin homes. Gina reported on the number of signatures received from home owners in the Bliss Pointe development. 4 Allen Madison, resident of 1301 Rockwell Trail, stated that he lives in the same block as the proposed twin home and urged the City Council to deny the conditional use permit for the twin home on Joplin Street. Allen stated that the conditional use permit violates the covenants for Bliss Pointe. Carol Geu, resident of 1308 Rockwell Trail, stated that her home is in Zone B and wanted to support her neighbors in requesting that the conditional use permit be denied. Carol noted that just because an action is legal does not make it the best. Carol noted that citizens are encouraged to go the City Hall and review documents and express their concerns, only to find out that City employees call others to pass along the concerns. Tom Geu, resident of 1308 Rockwell Trail, stated that it is apparent that the lots are not large enough and the solution may be to divide the six lots into four lots. Davida Madison, resident of 1301 Rockwell Trail, stated that she would not have selected their lot if they knew twin homes could be built in the area. Davida stated that she supports the appeal and based upon the number of signatures on the petition most of the neighbors do not support twin homes in the area. Davida noted that twin homes will be rentals and the area will turn all to rental. Alderman Sorensen wanted to thank the number of citizens that were present at the hearing. Alderman Sorensen moved to deny the Planning Commission decision and remand it back to the Planning Commission to be amended. Mayor Powell declared the motion died for a lack of a second. Discussion followed on the City ordinance for the Bliss Pointe PDD and the deed covenants. Jose answered questions of the City Council on the ordinance and deed covenants. Nate Welch, Executive Director of the VCDC, answered questions on the deed covenants, architectural review process and process used to sell the lots. Jim McCulloch, City Attorney, reviewed the deed covenants as well as the zoning ordinance and how they apply to the lots. Jim noted that the conditional use permit homes will be built with a shared wall that is on the lot line so would be allowable under the covenants. The City Council agreed to allow Carol Geu time to present additional information. Carol stated that the twin homes proposed to be built are to have a value of $275,000 and up which is not affordable housing and suggested that affordable housing be built on these lots. 5 Alderman Sorensen stated that Bliss Pointe has more land that twin homes could be located in another area to resolve this issue of the conditional use permit. 4-19 Alderman Ward moved to uphold the Planning Commission decision to approve the conditional use permit for single family attached dwellings at 317 and 321 Joplin Street without any conditions. Alderman Collier- Wise seconded the motion. Discussion followed. Motion carried 6 to 2. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Resolution and statement of Municipal Electric Utilities Benefits John Prescott, City Manager, reported that the City of Vermillion and other municipal electric systems have the ability to annex electric service territory into the City’s electric service territory when property is annexed into the City limits. John noted that under current state statue when a City annexes property into the City limits, the City has one year to notify the incumbent electrical provider of the municipal electric’s intent to serve the newly annexed territory. John stated that the municipal electric pays the incumbent electric provider 25% of the municipal electric’s rate at the time of the service territory annexation for seven years during an eleven year time period that begins with the annexation of the electric service territory. John reported that Chris Larson with Clay Union Electric and Bob Sahr with East River Electric met with City representatives in December 2018 when they indicated that the rural electric cooperatives are planning to propose a bill(s) during the 2019 legislative session that would freeze electric service territories. John noted that the legislation would prohibit the City from expanding the municipal electric service territory to include newly annexed areas served by other city utilities such as water, waste water, and storm sewer and public investments such as streets. John noted that these new areas would no longer be rural, unincorporated areas but part of a municipality and should have the same benefits, costs, and opportunities as other members of the municipality. John stated that the attached resolution provides an opportunity for the City Council to request our local District 17 delegation to maintain the current state statutes. Discussion followed. 5-19 Alderman Collier-Wise moved approval of the resolution encouraging District 17 Legislators to maintain current statutes that provide for the growth of the electrical service territory as the community grows. 6 Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Resolution adopting guidelines and general aesthetic standards for small cell telecommunications infrastructure John Prescott, City Manager, reported that the South Dakota Municipal League has been working with the telecommunications industry during the last year to develop a model ordinance for communities to consider with the deployment of small cell technology which will be for Council consideration in a few months. John reported that, during the fourth quarter of 2018, the Federal Communications Commission voted to approve a declaratory ruling and report and order that effectively enacts new preemptions of local authority over small cell wireless facility deployment and management of local right-of-way. John reported that communities must have some aesthetic standards in place by January 14, 2019. John reported that having standards in place prior to January 14, 2019 allows a city to enforce standards that are reasonable, are not more burdensome than those applied to other types of infrastructure deployment, and are objective and published in advance. John noted that the FCC order also allows aesthetic standards adopted before January 14, 2019 to be modified April 15, 2019. John reported that the attached resolution proposes the adoption of general aesthetic standards. John stated that the language was provided by a national consultant who works with local and state governments in the development of ordinances related to small cell and other telecommunications infrastructure. John noted that the initial standards promote development that is comparable to the built environment that exists today. John recommended adoption of the resolution noting that the City Council can customize the guidelines until April 2019. John stated that a sample ordinance has been provided by the SDML consultant that was sent out on Friday and will be on a future agenda for consideration. Discussion followed. 6-19 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION ADOPTING GUIDELINES AND GENERAL AESTHETIC STANDARDS FOR SMALL CELL TELECOMMUNICATIONS INFRASTRUCTURE WHEREAS, in anticipation of expanding wireless services in the city will require small cell telecommunications infrastructure; and WHEREAS, small cell infrastructure may be located in the city public right-of-way and as such the city would want to adopt guidelines and general aesthetic standards for this infrastructure; and 7 WHEREAS, it is anticipated that an ordinance will be forthcoming to establish requirements for permitting small cell telecommunications infrastructure that will include guidelines and potential revisions to aesthetic standards. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion that the following guidelines and general aesthetic standards be established for small cell telecommunications infrastructure: To the extent feasible, the antennas shall be placed and colored to blend into the architectural detail and coloring of the host structure. Towers shall be painted a color that best allows them to blend into the surroundings. The use of grays, blues, greens, dark bronze, browns or other site specific colors may be appropriate; however, each case shall be evaluated individually. All wireless communication facilities in residential districts, historic and downtown districts shall be sited and designed with stealth features to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the wireless communication facilities. Such wireless communication facilities and equipment enclosures shall be integrated through location and design to blend in with the existing characteristics of the site. Stealth and concealment techniques must be appropriate given the proposed location, design, visual environment, and nearby uses, structures, and natural features. Such wireless communication facilities shall also be designed to either resemble the surrounding landscape and other natural features where located in proximity to natural surroundings, or be compatible with the built environment or be consistent with other uses and improvements permitted in the relevant zone. Dated at Vermillion, South Dakota this 7th day of January, 2019. 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 Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a 8 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. C. Request to close Kidder Street from Court Street west to the alley between Court Street and Market Street on Saturday, February 23, 2019 from 11:00 a.m. to 6:00 p.m. for the Special Olympics Polar Plunge James Purdy, Assistant to the City Manager, reported that the Law Enforcement Torch Run and Special Olympics of South Dakota are requesting the closing of Kidder Street from Court Street west to the alley between Court and Market Street on Saturday, February 23, 2019 from 11:00 a.m. to 6:00 p.m. for the Polar Plunge. James reported that a map of the proposed street closing is attached. James noted that the location on Kidder Street is the same as in 2015 and 2016 but that in 2017 and 2018 it was on Court Street from Kidder Street south a half block. 7-19 Alderman Sorensen moved approval of the street closing requested by the Law Enforcement Torch Run and Special Olympics of South Dakota for Kidder Street from Court Street west to the alley between Court and Market Street on Saturday, February 23, 2019 from 11:00 a.m. to 6:00 p.m. for the Polar Plunge. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. D. Airport Lease Agreement with Mr. Robert Grossman Jose Dominguez, City Engineer, reported that in May 2001 Mr. Robert Grossman (owner) assumed the lease agreement entered into between the City and Mr. William Mount. Jose stated that the original agreement was signed in December 1998 and was for 20-years and had one option to renew for another 20-years. Jose reported that the lease agreement on the first 20-years expired on December 7, 2018 and the City did not receive any requests from the owner regarding exercising his option on an additional 20-years. Jose reported that the City drafted a new agreement with the owner. Jose stated that the new agreement will be strictly for the lease of the land being a parcel that is 50-feet by 60-feet that the owner has a 36-feet by 42-feet hangar located. Jose reported that the new agreement will be for 10-years commencing on December 7, 2018 with a 10-year option to renew after the first 10-year period. Jose stated that the lease rate may be adjusted on the 5th year up to 10-cents per square foot of the building and the lease rate for the unused land would not change. Jose stated that, based on the current lease rates, the amount that the owner would pay on an annual basis would be $224.40. Discussion followed. 9 8-19 Alderman Holland moved approval of the Airport Hanger Lease with Robert Grossman as presented with the removal of the “not” in Section 13 and authorized the Mayor to sign the lease. Alderman Hellwege seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. E. Airport Lease Agreement with Mr. Dennis Martens and Mrs. Brenda Martens Jose Dominguez, City Engineer, reported that on July 6, 1998 Mr. Dennis Martens and Mrs. Brenda Martens (owners) entered into a lease agreement with the City for land to construct a hangar. Jose stated that the agreement was for 20-years and had one option to renew for another 20- years. Jose reported that the lease agreement on the first 20-years expired on July 6, 2018 and the City did not receive any requests from the owners regarding exercising their option on an additional 20-years. Jose reported that the City drafted a new agreement with the owners. Jose reported that the new agreement will be strictly for the lease of the land being a parcel 50-feet by 55-feet that the owner has a 40-feet by 42-feet hangar within that land. Jose reported that the new agreement will be for 10-years commencing on July 6, 2018 with a 10- year option to renew after the first 10-year period. Jose reported that the lease rate may be adjusted on the 5th year up to 10-cents per square foot of the building and the lease rate for the unused land would not change. Jose noted that, based on the current lease rates, the amount that the owner would pay yearly would be $191.00. Discussion followed. 9-19 Alderman Collier-Wise moved approval of the Airport Hanger Lease with Dennis and Brenda Martens as presented with the removal of the “not” in Section 13 and authorized the Mayor to sign the lease. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. F. Resolution Authorizing the Purchase of a Light and Power Boring Machine Jose Dominguez, City Engineer, reported that the 2019 equipment replacement fund included the replacement of the 2009 boring machine. Jose reported that staff would like to take advantage of an attractive Sourcewell bid. Jose stated that Sourcewell has over 7,000 governmental agencies that participate in their purchasing program. Jose noted that in July 2010, state law changed allowing purchases to be made off of other governmental entity bids or cooperative agreements outside of the state. Jose reported that the City received two bids. Jose stated that 10 the first bid was from Vermeer High Plains, from Tea, for a 2019 Vermeer D20x22 Series 3 Navigator with additional rods and a trailer for $118,181.96 after the trade-in value for the City’s existing 2009 Vermeer D16x20II Navigator boring machine, rods and trailer of $69,000. Jose noted that the second bid received was from Ditch Witch of South Dakota, from Sioux Falls, for a 2019 Ditch Witch JT20 Jet Trac with additional rods and a trailer for $141,258.90 after the trade-in value for the City’s existing boring machine of $40,000. Jose recommended approving the Resolution to purchase a 2019 Vermeer D20x22 Series 3 Navigator with additional rods, trailer and trading-in the City’s 2009 Vermeer D16x20II Navigator boring machine, rods and trailer to Vermeer High Plains for a net price of $118,181.96. Discussion followed. 10-19 After reading the same once, Alderman Sorensen moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A BORING MACHINE, RODS AND TRAILER WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by Sourcewell (formerly known as the National Joint Powers Alliance) for a boring machine, rods and trailer from Vermeer High Plains for the total amount of $118,181.96 offers an advantageous price to the City for said item; and WHEREAS, the bid offered by Vermeer High Plains also includes a trade- in value for the City’s 2009 Vermeer D16x20II Navigator boring machine, with rods and trailer of $69,000; and NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Manager or the City’s Finance Officer is hereby authorized to purchase a new 2019 Vermeer D20x22 Series 3 Navigator boring machine with rods and trailer from Vermeer High Plains, of Tea, South Dakota for a price of $118,181.96 after trade-in. Dated at Vermillion, South Dakota this 7th day of January, 2019. THE GOVERNING BODY OF THE 11 CITY OF VERMILLION, SOUTH DAKOTA By _____________________________ John E. (Jack) Powell, Mayor ATTEST: By __________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Price. 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. G. 2019 Payroll Resolution John Prescott, City Manager, reported that State statute requires the publication of the complete list of all salaries of officers and employees of the City. John stated that the City of Vermillion has traditionally passed a resolution at the start of each budget year adopting the salaries, which is then included in the meeting minutes. John noted that other changes in salary or new employees during the course of the budget year are included with City Council minutes as the personnel actions take place. John noted that the three union agreements provided a 2.25% cost of living pay adjustment for calendar year 2019. John stated that the attached resolution also provides for a 2.25% increase for non-union, professional, and management employees as well as the City Council. Discussion followed. 11-18 After reading the same once, Alderman Ward moved adoption of the following: CITY OF VERMILLION 2019 PAYROLL RESOLUTION WHEREAS, effective and responsive delivery of City services is dependent upon the employment of a highly competent and motivated workforce; and WHEREAS, the City of Vermillion, as an employer, makes periodic adjustments to wages and compensation for inflation and in comparison to other municipal employers; and WHEREAS, the City of Vermillion has previously approved collective bargaining agreements with AFSCME Local 1052 covering the calendar year 12 2019 that includes placement of employees on a wage schedule which generally provides a 2.25% increase in wages; and WHEREAS, the City of Vermillion has previously approved a collective bargaining agreement with the Fraternal Order of Police Lodge 19 covering the calendar year 2019 that includes placement of employees on a wage schedule which generally provides a 2.25% increase in wages; and WHEREAS, the City of Vermillion desires to increase wages and salaries for management, professional, and non-union employees by 2.25% on January 1, 2019. NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of Vermillion hereby approves and adopts the following wage rates for the calendar year 2019. BI-WEEKLY SALARIES: Mayor/City Council: John Powell/$448.58; Kelsey Collier-Wise/$259.72; Howard Willson/$259.72; Rich Holland/$259.72; Brian Humphrey/$259.72; Julia Hellwege/$259.72; Katherine Price/$259.72; Tom Sorensen/$259.72; Steve Ward/$259.72; General Government: John Prescott/$5,123.20; James Purdy/$1,762.40; Fire/EMS: Matthew Callahan/$2,811.20; Robin Hower/$225.00; Anthoney Klunder/$285.00; Matthew Taggart/$1,360.00 Code Enforcement: Farrel Christensen/$2,407.20; Telecommunications: Ryan Anderson/$2,280.80; Engineering: Jose Dominguez/$3,357.60; Shane Griese/$2,182.40; Finance: Mike Carlson/$4,155.20; Library: Daniel Burniston/$2,418.40; Light and Power: Monty Munkvold/$3,255.20; Travis Tarr/$2,991.20; Parks & Recreation/Golf: James Goblirsch/$2,933.60; Ryan Baedke/$1,980.00; Russell Jensen; $2,102.40; Police: Matthew Betzen/$3,560.00; Chad Passick/$3,097.60; Crystal Brady/$2,713.60; Luke Trowbridge/$2,713.60; Solid Waste: Timothy Taggart/$2,208.80; Street: Pete Jahn/$2,580.00; HOURLY WAGES: Fire/EMS: Dawn Abbott-Thompson/$11.40, $2.00/hr on-call; Emma Duprey/$10.10, $2.00/hr on-call; Aaron Fest/$10.20, $2.00/hr on-call; Maria Glover/$10.00, $2.00/hr on-call; Madeline Fest/$12.20, $2.00/hr on-call; Ryun Fischbach/$20 per call; Marisa Helm/$10.20, $2.00/hr on- call; Claire Hoogland/$10.10, $2.00/hr on-call; Valerie Hower/$12.50, $2.00/hr on-call; Cody Jansen/$10.70, $2.00/hr on-call; Carter Kerber/$10.20, $2.00/hr on-call; David Kyte/$11.40, $2.00/hr on-call; Joe Kyte/$13.20, $2.00/hr on-call; Jordan Leach/$10.10, $2.00/hr on- call; Neil Melby/$10.80, $2.00/hr on-call; Ethan Parr/$10.10, $2.00/hr on-call; Mandy Reed/$13.10, $2.00/hr on-call; Evan Rolling/$10.10, $2.00/hr on-call; Shea Soderlin/$12.30, $2.00/hr on-call; Jena 13 Stewart/$10.20, $2.00/hr on-call; Michael Wildermuth/$14.00, $2.00/hr on-call; Jessica Wahlgren/$10.10, $2.00/hr on-call; Matthew Wilmes/$10.10, $2.00/hr on-call; Lisa Wood/$10.80, $2.00/hr on-call; Anthony Gengler/$17.15; Audrey Larsen/$14.00; Christopher Mikkelsen/$17.15; Drew Vanvoorhis/$17.15; Code Enforcement: Jim Balleweg/$23.43; Kenny Wapniarski/$18.26; Custodial: Ron Maher/$12.73; Electric: Chad Christopherson/$35.01; Todd Halverson/$36.03; Austin Anderson/$35.01; Phil Wiebelhaus/$34.44; Matt Nelson/$28.49; Andrew Eidem/$34.44; Karen Harris/$21.01; Brandon Steeneck/$26.65; Dennis Davis/$0.30/Meter; Teresa Gilbertson/$0.30/Meter; Engineering: Todd Nordyke/$21.54; Eric Birkeland/$20.08; Finance: Katie Redden/$21.70; Sherry Howe/$27.02; Vicki Fader/$19.26; Janis Johnson/$17.60; General Government: Marty Washington/$16.25; Library: Wendy Nilson/$22.11; Linda Calleja/$16.62; Rachelle Langdon/$14.67; Beth Samenus/$20.47; Jeffrey Engeman/$17.68; Dylan Chang/$12.98; Sophia Wermers/$12.10; Hannah Voudry/$9.75; Nicole Andrews/$9.50; Michael Burke/$9.50; Kaitlin Haas/$9.50; Parks & Recreation/Golf: Aleesha Alverson/$9.25; Brooke Assmus/$9.25; Mackenzie Kopren/$9.25; Nicolas, Anderson/$9.25; Rachel Brady/$9.25; Shannon Fitzsimmons/$9.25; Brock Fehr/$9.25; Parker Goblirsch/$9.25; Brittany Hamann/$9.25; Morgan Graham/$9.25; Alexis Fredericksen/$9.25; Kayla Lewis/$9.25; Audry Miiller/$9.25; Tomalyn Peckham/$9.25; Nathan Robertson/$9.25; Elaina Taggart/$9.25; Richard Sauer/$9.25; Ryan Sevening/$9.50; Tyler Trageser/$17.53; Joel Van Peursem/$9.25; Payten Halverson/$9.25; Ethan Weber/$9.25; Sophie Larson/$9.25; Ernst Coriolan/$9.25; Michael Kopren/$9.25; Kennedy Goblirsch/$9.25; Trey Livermont/$9.25; Alisha Leber/$9.25; Ezra Voigt/$9.25; Morgan Halverson/$9.25; Cylie Hanson/$16.75; Nicholas Lubbers/$9.25; Joshua Prescott/$9.25; Christopher White/$9.25; Tyler Williamson/$18.32; Aaron Baedke/$11.25; Danny Brown/$9.50; Mark Clark/$31.26; Blake Gilkyson/$9.25; Clayton Hakin/$9.25; Justin McGregor/$9.25; Kara Mulheron/$9.25; Justin Norling/$10.25; Jack Padmore/$9.25; Jessica Rogers/$9.25; Taylor Schultz/$9.25; Paul Schwasinger/$11.50; Travis Taggart/$17.53; Tyler Farrell/$9.25; Grant Campbell/$9.25; Dennis Chandler/$20.13; Kory Diefendorf/$9.25; Sam Craig/$9.50; Rylan Craig/$9.25; Madison Guhlke/$9.25; Tryce Nelson/$9.25; Tiara Selby/$9.25; Keegan Johnson/$12.55; Shelby Rockafellow/$9.25; Haleigh Melstad/$9.25; Hannah Poppens/$9.25; Brady Martinez/$9.25; Kyleigh Moran/$9.50; Sam Nicholson/$9.75; Alexa Rudeen/$9.25; Kayla Stammer/$9.25; Ryne Whisler/$9.50; Police: Janna Mollet/$22.20; Ryan Hough/$32.27; Robin Hower/$29.28; Ben Nelsen/$32.27; Jonathan Warner/$27.54; Bryan Beringer/$27.54; Anthoney Klunder/$26.87; Chet Moser/$24.34; Jessica Newman/$24.95; Jonathan Cole/$26.21; Mark Foley/$25.57; Joe Ostrem/$27.15; Matthew Davis/$23.17; Jamie Hall/$23.17; Andrew Delgado/$24.34; Drew Gortmaker/$22.60; Cindy Carrington/$14.80; Dallas Schnack/$16.50; Solid Waste/Recycling: Jennifer Holthe/$15.33; Mark Milbrodt/$22.46; Jim Zimmerman/$21.52; Todd Moe/$19.86; Dan Hanson/$19.41; Todd 14 Mockler/$17.52; Jeremiah Kashas/$16.97; Alec Leber/$16.22; Daniel Goeden/$15.00; Daniel Milroy/$17.13; Brian Waage/$17.13; Street: Cody Sommervold/$18.51; Brian Nelson/$18.09; Jeffrey Mart/$23.25; Brian Steffen/$18.51; Scott Iverson/$17.67; Ryun Fischbach/$17.67; Cory Taggart/$17.31; Paul Brunick/$9.25; Rich Walker/$10.75; Telecommunications: David Stammer/$23.60; Marsha McKinney/$23.14; Jessica Standley/$22.69; Derek Ronning/$20.17; Amanda Arndt/$17.08; Anthony Iverson/$17.08; Anne Printz/$16.58; Wastewater: Fred Balleweg/$29.68; Michael Heine/$23.29; Cory Moore/$20.95; Robert Pickens/$20.95; Zachary Hammond/$18.10; Kyle Hoisington/$20.49; Ryan Hage/$10.00; Water: Curtis Haakinson/$29.03; Wade Mount/$24.79; Dale Husby/$21.79; Tyler Zimmerman/$23.33; Chris Nissen/$22.78; Eric McPherson/$22.28; Andrew Wickre/$18.83; Volunteer Firefighters: Dawn Abbott-Thompson; Cole Albaugh-Edgecomb; Tyler Alink; Jonathan Aperans; Armando Barash; Victor Barash; Karl Brewer; Jeff Brown; Matt Callahan; Kellen Cusick; Ray Decker; Ryun Fischbach; Anthony Gengler; Hunter Jackson; Cody Jansen; Anthoney Klunder; Tony Kronaizl; Jordan Leach; Scott Martinson; Chris Mikkelsen; Curtis Mincks; Mike Murra; Preston Rhodes; Evan Rolling; Blaine Schoellerman; Dustin Sockness; Bill Sperry; Cory Taggart; Mark Taggart; Matt Taggart; Keith Thompson; Drew Vanvoorhis; John Walker; Noah Walker; Zachary Walton; Dylan Whelchel; Brandon Wiemers; Matthew Wilmes; Associate Firefighters: Dick Brown; Doug Brunick; Mike Chaney; Gary Eidem; Don Forseth; Bob Frank; Todd Halverson; Dean Hansen; Pete Jahn; Wade Mount; Monty Munkvold; Rob Pickens; Travis Schroeder; Tom Sorensen; Chuck Taggart; Clarence Voudry; Brian Waage; Rich Walker; Clyde Watts; Cadets: Kase King; Blake Nelson; Planning Commission: (Each member receives $15.00/per meeting.) Matthew Fairholm; Don Forseth; Robert Iverson; Mike Manning; Ted Muenster; Jim Wilson; Robert Oehler; Jeff Kleeman; Douglas Tuve; Library Board: (Each member receives $15.00/per meeting.) Greg Redlin; Martha Muellenberg; Gabrielle Strouse; Diane Leja; Catherine Beem. PROVIDED, HOWEVER, the City Manager may make wage increases for the completion of education requirement, for passing certification tests, for fulfillment of job requirements set at the date of employment, and the City Manager may make meritorious wage increases for Department Heads within the budgetary appropriation of the respective departments. Dated at Vermillion, South Dakota this 7th day of January 2019. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA 15 By______________________________ John E. (Jack) Powell, Mayor ATTEST: By___________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Price. 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 Brunick’s Service on Item 1 and Stern Oil on Items 2 & 3. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $1.8732, Brunick’s Service $1.80; Item 2 – 3,000 gal No. 1&2 Diesel fuel dyed: Stern Oil $2.09515, Brunick’s Service $2.14; Item 3 - 1,000 gal No. 1&2 diesel fuel-clear: Stern Oil $2.39515, Brunick’s Service $2.41 12-19 Alderman Collier-Wise moved approval of the low quote of Brunick’s Service on Item 1 and Stern Oil on Items 2 & 3. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the next City Council meeting is on Monday, January 21st. John noted that some government offices are closed that day for the Martin Luther King, Jr holiday but the City Council will be meeting at 7:00 p.m. on Monday, January 21st. B. John reported that the Planning Commission meets on Monday, January 14th at 5:30 p.m. John noted that the one item on the agenda is the rezoning of a lot at the southeast corner of N. Crawford Road and E. Cherry Street from General Business to R-2 zoning. C. John reported that the Christmas tree collection site is open and accepts real trees until January 11, 2019. John stated that the site is located on the south side of Broadway Street just west of Dakota Street 16 and asked citizens to remove any plastic that you might wrap the tree in for transporting it as well as lights and decorations. D. John reported that ICAP will be having a public meeting on Monday, January 28th at 7:00 p.m. in the City Council chambers to report on the results of the Feasibility Study for a Community Center. E. John reported that the City has received the draft copy of the small cell telecommunications ordinance that the Municipal League has been working with the telecommunications industry to draft. John stated that it is anticipated the ordinance will be considered before the City Council during the first quarter of this year. 11. Invoices Payable 13-19 Alderman Collier-Wise moved approval of the following invoices: 3D Specialties Inc supplies 2,697.14 A-1 Portable Toilets portable toilet rental 90.00 A-Ox Welding Supply Co chemicals 1,884.00 Allegiant Emergency Service repairs 204.50 America's Test Kitchen book 31.90 American Legal Publishing code of ordinance update 392.15 Appeara shop towels 45.00 Aramark Uniform Services uniform cleaning 370.80 Argus Leader Media #1085 subscription 32.00 AWWA membership dues 208.00 Banner Associates, Inc professional services 13,211.60 Basin Electric Power Coop. testing 121.87 Beth Samenus mileage reimbursement 192.53 Big State Industrial Supply supplies 464.40 Blackburn Manufacturing Co supplies 287.55 Blackstone Publishing books 200.00 Blue360 Media books 78.75 Border States Elec Supply supplies 289.54 Bound Tree Medical, LLC supplies 996.49 Brandon Steeneck safety boots reimbursement 100.00 Brunick's Service Inc propane 18.00 Bureau Of Human Resources registration 240.00 Butch's Propane Inc propane 2,501.20 Butler Machinery Co. repairs/parts 3,804.33 BX Civil & Construction Jefferson street improvements 37,134.23 Caitlyn Christy refund parking tckt overpmt 30.00 17 Campbell Supply supplies 3,177.42 Cannon Technologies, Inc software support 7,428.00 Cask & Cork merchandise 711.00 Center Point Large Print books 25.17 Century Business Products copier contract/copies 186.28 Centurylink 911 relay service 5.00 Centurylink telephone 703.43 Chad Christopherson safety glasses reimbursement 150.00 City Of Vermillion postage/copies 1,144.02 City Of Vermillion utility bills 36,279.32 Cleveland Golf merchandise 50.38 Colonial Life Acc Ins. insurance 2,860.47 Core & Main LP parts 723.21 Credit Collections Bureau commission 253.71 Crouch Recreation bench 1,410.00 Dakota Beverage merchandise 7,286.92 Dakota Pc Warehouse monitor/supplies 774.92 Dakota Pump & Control Co. parts 2,117.05 Dakota Riggers & Tool Supply repairs 82.76 Danko Emergency Equipment parts 410.57 David Vaughn refund parking tckt overpmt 5.00 Delta Dental Plan insurance 6,200.38 Demco parts 1,964.27 Dennis Chandler merchandise reimbursement 256.50 Dennis Martens maintenance 833.34 Diamond Vogel Paints sprayer 2,500.00 Duane Sitter refund ambulance overpayment 428.68 Dubois Chemicals soda ash 20,328.00 Echo Electric Supply supplies 1,696.85 Ed M. Feld Eqpt Co fire equipment/repairs 9,945.00 Engraver's Edge nametag 12.60 Erickson Solutions Group professional services 549.00 Fair Manufacturing, Inc parts 265.00 Fastenal Company supplies 83.35 Findaway World LLC books 683.45 Foreman Media council mtg 100.00 Fred Haar Co., Inc equipment rental 1,068.00 Fuchs Traffic Technology registration 600.00 G & D Viking Glass repairs 403.06 Gale books 141.73 Global Dist. merchandise 202.31 Global Equipment Company supplies 1,372.76 Graham Tire Co. tires 3,560.32 18 Graybar Electric supplies 118.96 Graymont Capital Inc chemicals 4,040.28 Gregg Peters freight/advertising 2,895.20 Gregg Peters rent 937.50 Grey House Publishing books 175.50 Heiman, Inc. supplies 687.20 Herren-Schempp Building supplies 52.32 Hy Vee Food Store supplies 1,255.97 In Control, Inc professional services 1,846.35 Independence Waste waste hauling 1,048.29 Ingram books 1,966.08 International Public Mgmt testing materials 239.50 Istate Truck Center parts 107.34 Jamie Hall meals/mileage reimbursement 58.27 Jerry's Chevrolet Buick Gm repairs 244.95 Jim Goblirsch meals reimbursement 30.00 John A Conkling Dist. merchandise 3,489.45 Johnsen Heating & Cooling repairs 484.18 Johnson Brothers Of SD merchandise 16,121.37 Jon Cole gym membership reimbursement 225.00 Jones Food Center merchandise /supplies 542.65 Joseph A Ostrem gym membership reimbursement 225.00 Laynes World award plaques 258.33 Lessman Elec. Supply Co supplies 2,560.55 Library Ideas books 586.55 Locators And Supplies, Inc supplies 1,257.50 Marshal Knedler electric piano library 400.00 Mart Auto Body towing 525.00 Matheson Tri-Gas, Inc medical oxygen 724.23 Matthew Betzen boots reimbursement 143.73 McCulloch Law Office professional services 1,796.61 MD Enterprises LLC uniform shirts 168.00 Mead Lumber supplies 50.80 Medical Waste Transport, Inc haul medical waste 127.41 MH Equipment Company parts 110.91 Michael Heine safety boots reimbursement 100.00 Michael Todd & Co. parts 932.59 Micro Marketing LLC books 40.00 Midwest Alarm Co alarm monitoring 562.50 Mills & Miller, Inc deicing salt 3,466.45 Missouri Valley Maintenance repairs 3,361.50 Mister Smith's merchandise/supplies 112.50 Mobotrex Mobility & Traffic repairs 474.00 19 Moore Welding & Mfg repairs 438.00 NBS Calibrations service & calibration 318.00 NCL Of Wisconsin, Inc supplies 375.00 Nebraska Journal-Leader advertising 164.39 Netsys+ repairs/professional services 1,445.75 Newman Signs, Inc supplies 1,374.20 Northland Chemical Corp supplies 116.60 Nutrien Ag Solutions substation seeding 184.84 O'Reilly Auto Parts parts 12.34 Overhead Door Of Sioux City repairs 595.25 Paul's Plumbing repairs 118.05 PCC, Inc commission 5,154.16 Penworthy Company books 109.76 Pete Jahn safety boots reimbursement 100.00 Petrochoice supplies 226.76 Pitney Bowes postage meter lease 289.71 PKG Contracting, Inc wwtf digester improvements 123,050.31 Plain Talk Publishers subscription 26.00 Pollman Excavation crushed concrete 4,841.41 Pomps Tire Service, Inc. tires 21,462.76 Powerphone, Inc annual subscription 1,976.00 Prairie Berry Winery merchandise 474.00 Pressing Matters supplies 357.00 Presto-X-Company inspection/treatment 59.00 Prochem Dynamics supplies 365.17 Property Maintenance Service snow removal 1,062.50 Quill supplies 383.64 Racom Corporation maintenance 465.96 Republic National Dist. merchandise 19,088.23 Ryan Baedke meals reimbursement 30.00 Ryun Fischbach safety boot reimbursement 100.00 Sanford Clinic Vermillion testing 110.00 Sanford Health Plan participation fee 63.00 Sanitation Products Inc sander/repairs 21,512.92 Schaeffer Mfg. Co supplies 2,222.45 School Outfitters activity tables 545.97 SD Airport Management Assoc. membership dues 25.00 SD Board Of Operator Cert certification renewals 150.00 SD Dept Of Health testing 150.00 SD Firefighters Association membership dues 1,050.00 SDGFOA membership dues 70.00 SD Retirement System contributions 72,838.81 SDWWA membership dues 140.00 20 Se Firefighters Assoc. membership dues 50.00 Service Master Of Se SD custodial 4,315.32 Sioux Equipment parts 4,458.75 Sioux Falls Crane & Hoist repairs 4,664.31 Siouxland Concrete Co pea rock 183.89 Skarshaug Testing Lab. testing 1,330.04 Sooland Bobcat filters 330.76 Southern Glazer's Of SD merchandise 2,151.93 Stanger Litho Graphics supplies 559.00 State Flag Account flags 172.70 Storey Kenworthy/Matt Parrot yearend tax forms 287.07 Stuart C. Irby Co. parts 105.00 Sturdevants Auto Parts parts 1,404.11 Syncb/Amazon books/dvds/supplies 1,990.95 Testamerica Laboratories testing 3,160.50 The Equalizer advertising 155.00 The Library Store, Inc supplies 90.88 The Ups Store #6751 shipping 214.68 Time Inc. Books books 44.84 Tractor Supply Credit Plan supplies 56.95 Twin City Hardware door locks/keys 3,300.67 Tyler Technologies software update 5,000.00 United Laboratories supplies 1,775.45 United Way contributions 540.50 Unum Life Insurance Company insurance 1,467.35 Us Postmaster postage due 50.00 Utility Equipment Co. meters 2,210.00 Vast Broadband dialup service/911 circuit 1,415.45 Verizon Wireless wireless communication 2,161.28 Verizon Wireless-VSAT professional services 50.00 Vermillion Ace Hardware parts 1,182.28 Vermillion Public Library refund library fines 71.03 Vermillion Youth Wrestling online registration 1,109.04 Visa/First Bank & Trust fuel/lodging/supplies 7,261.84 Wal-Mart Community supplies 1,620.32 Walker Construction cotton park bathroom/hauling 12,210.30 Welfl Construction pool final 30,000.00 Wesco Distribution, Inc supplies 586.75 WSP Us professional services 6,114.73 Yankton Medical Clinic testing 80.00 Yeager Diesel repairs 1,002.90 Zee Medical Service supplies 467.69 Ziegler Inc parts 457.35 21 Concordia Lutheran Church Bright Energy Rebate 494.64 Masaba Inc Bright Energy Rebate 1,883.52 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 January 21, 2019 for a special daily wine license for the Vermillion Cultural Association on or about February 16, 2019 at 4 West Main Street (Vermillion Theater) for a special event 14-19 Alderman Price moved approval of the consensus agenda. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 15-19 Alderman Ward moved to adjourn the Council Meeting at 8:21 p.m. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of January, 2019. 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 ___________. 22 PROCLAMATION AMERICAN LEGION WALLACE POST #1 DAY WHEREAS, the American Legion began in March 1919 in Paris, France in the aftermath of World War I; and WHEREAS, the American Legion was federally chartered on September 16, 1919 and is an influential force at all levels of government that is dedicated to service to veterans, strong national defense, youth, and patriotism; and WHEREAS, Wallace Post #1 of Vermillion was organized on April 20, 1919 as the first American Legion Post in South Dakota; and WHEREAS, Wallace Post #1 has a long history of supporting veterans and patriotism in our community; and WHEREAS, in celebration of this 100 year anniversary, among the several special events to take place throughout the year are Post #1 Movie Night, an educational display at the Vermillion Public Library, a Military Ball, continued sponsorship of Boys State, and Post #1 Baseball this summer. NOW, THEREFORE, we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim 2019 as WALLACE POST #1 YEAR and encourage all citizens of Vermillion to continue to support Wallace Post #1 and thank them for their leadership efforts in our community. Dated at Vermillion, South Dakota this 21st day of January, 2019. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By___________________________________ John E. (Jack) Powell, Mayor ATTEST: By________________________________ Michael D. Carlson, Finance Officer PROCLAMATION MARTIN LUTHER KING, JR. DAY OF SERVICE WHEREAS, Dr. Martin Luther King, Jr. devoted his life to the advancement of civil rights and public service. He believed in a nation of freedom and justice for all, and challenged all citizens to help build a more perfect union and live up to the purpose and potential of America; and WHEREAS, Dr. King recognized that everyone can be great because everyone can serve, and during his lifetime encouraged all Americans to serve their neighbors and their communities; and WHEREAS, in 1994, Congress initiated the King Day of Service, a nationwide effort to transform the federal holiday honoring Dr. Martin Luther King, Jr. into a day of community service, grounded in Dr. King's teachings, that helps solve social problems while focusing on bringing people together and breaking down the barriers that have divided us as a nation; and WHEREAS, hundreds of thousands of volunteers in cities and towns across the nation participate in King Day service projects, in all 50 states, the District of Columbia, Guam, and Puerto Rico; and WHEREAS, the King Day of Service, which falls on January 21st this year, is a time for the people of Vermillion to recognize Dr. King's teachings on advancing equality and opportunity for all by contributing their own time and talents in a day of service; and NOW, THEREFORE, we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim January 21st, 2019, as Martin Luther King, Jr. Day of Service and encourage our citizens to honor the memory of Dr. King, to put his teachings into action by participating in the King Day of Service. Dated at Vermillion, South Dakota this 21st day of January, 2019. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By___________________________________ John E. (Jack) Powell, Mayor ATTEST: By________________________________ Michael D. Carlson, Finance Officer 6. Public Hearings; item a Council Agenda Memo From: Mike Carlson, Finance Officer Meeting: January 21, 2019 Subject: Special daily wine license for the Vermillion Cultural Association on or about February 16, 2019 at 4 West Main Street (Vermillion Theater) for a special event Presenter: Mike Carlson Background: The Vermillion Downtown Cultural Association has submitted an application for a special daily wine license at 4 West Main Street, the Vermillion Theater, for a special event on or about February 16, 2019. City ordinance on special daily licenses reads as follows: 112.18 SPECIAL ALCOHOLIC BEVERAGE LICENSES ISSUED IN CONJUNCTION WITH SPECIAL EVENTS. (A) The City Council may grant, after public hearing, a special on-sale malt beverage and/or a special on-sale wine license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event. (B) The City Council may grant, after public hearing, a special off-sale package wine dealers license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event. A special off-sale package wine dealer’s licensee may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL Ch. 35-12. (C) Any license issued pursuant to this section shall be issued to the person and the location specified on the application. Any license issued pursuant to this section may be issued for a period of time established by the municipality. However, no period of time may exceed 15 consecutive days. The granting of the special license shall be subject to such conditions and restrictions as the City Council may deem appropriate and consistent with state law. (D) The fee for such special licenses shall be set by resolution of the City Council. State Statute for the special daily licenses is as follows: 35-4-124. Special alcoholic beverage licenses issued in conjunction with special events. Any municipality or county may issue: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4- 2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4- 2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by the special events license applicant; (3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4) or (6) in addition to any other licenses held by the special events license applicant; or (4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealer’s licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12. 6. Public Hearings; item a Any license issued pursuant to this section may be issued for a period of time established by the municipality or county. However, no period of time may exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Discussion: The notice of public hearing and Police Chief’s report are attached. The Police Chief’s report notes that he has spoken with Jessie Hanson who reported that they would have TAM Certified individuals checking ID’s and will utilize wristbands to identify people over 21. Previous special events have been conducted by this organization without any incidents. Financial Consideration: The City has received the $20 per day and $15 advertising fee from the applicant. Conclusion/Recommendations: Following the input from the public hearing, the City Council is asked to make a decision on the approval or denial of the special daily wine license for Vermillion Cultural Association for a special event at the Vermillion Theater at 4 West Main Street on or about February 16, 2019. City of Vermillion Police Department 15 Washington Street Vermillion, SD 57069 Phone: (605)677-7070 FAX: (605)677-7166 www.vermillionpd.org Date: 01/04/19 To: Vermillion City Council From: Matthew Betzen Chief of Police Subject: Vermillion Downtown Cultural Assoc.-Vermillion Theater: Special Daily License (on-sale) malt beverage and wine license. I have reviewed the application for the “Special Daily License (On-Sale) Wine License” submitted by the Vermillion Downtown Cultural Association for February 16, 2019. A local records check of the board members did not show any disqualifying convictions. The Vermillion Downtown Cultural Association has had several unique events and has a consistently good track record for controlling the sale of alcohol at these events. I spoke with the event coordinator Jessie Hanson. She stated she is a TAM Certified Person(s) and will be checking identification and selling the alcohol. Additionally, a wrist band system will be used to identify people over 21. -1- Home of the University of South Dakota 6. Public Hearing; item b Council Agenda Memo From: James Purdy, Assistant City Manager Meeting: January 21, 2019 Subject: First Reading of Ordinance 1397 to rezone lot 11, Block 1, LaCroix Addition to the City of Vermillion, Clay County, South Dakota, from GB - General Business District to R-2 Residential District Presenter: James Purdy Background: In July 2008, the City adopted a Zoning Ordinance that created new zoning districts throughout the City and changed the allowed uses in those zones. The current Zoning Ordinance changed the allowable uses for General Business zones and made residential units a non-conforming use. In December 2018, Mr. Archimedes Plutonium, submitted an application to rezone 609 N Crawford Road, from GB General Business to R-2 Residential. As required by §155.101 of the Zoning Ordinance, Staff created the Petitions for Rezone which included all neighboring properties within 250’ of 609 N Crawford Road. The Zoning Ordinance requires that 45% of the aggregate area surrounding a property sign off before a proposed rezone can be considered by the Planning Commission and City Council. The applicant circulated the petitions and acquired the necessary amount of signatures. On January 14, 2019, the Planning Commission voted unanimously to approve the rezone request. Discussion: If rezoned to R-2 Residential, the lot would be adjacent to other lots zoned R-2 to the south, South Dakota Highway 50 ROW to the north, and two general business lots to the west, one of which is currently occupied by the Cornerstone Assembly of God church, and another lot which is undeveloped. The applicant states that the property has been for sale for four years, and any inquiries regarding purchasing the property have been for residential use. The 2035 Comprehensive Plan is primarily geared towards planning for future development of the community, and does contain different elements for consideration. The petition for rezone before the City Council does have a strong connection to different goals set out in the 2035 Comprehensive Plan. One of those 6. Public Hearing; item b goals is to “Create and maintain neighborhoods that are safe, healthy, livable, and compatible with adjacent land uses” (p.13). Approval of this rezone would not be a detriment to this goal, and there are adjacent properties of the same use. However, the Comprehensive Plan also notes that it is the preference of the City to have business development take place along South Dakota Highway 50 (pp. 14-15), as it is a highly visible area with convenient access to roadways. The Planning Commission discussed the merits of this lot as a location for a business, and found that the uniqueness of the lot makes it more suitable for residential purposes. The lot may eventually be surrounded by roadways on three sides, so an access point for a business could prove challenging to create. Financial Considerations: The applicant has paid the fee for a rezoning request. The only cost is publication of the ordinance. Conclusion/Recommendations: Administration recommends approval of the First Reading of Ordinance 1397, which would rezone this lot from GB - General Business to R-2 Residential, and uphold the decision of the Planning Commission. PROPOSED ORDINANCE 1397 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.026 ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING LOT 11, BLOCK 1, LACROIX ADDITION TO THE CITY OF VERMILLION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE GB GENERAL BUSINESS DISTRICT TO THE R-2 RESIDENTIAL DISTRICT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, be amended as follows: That Lot 11, Block 1, LaCroix Addition to the City of Vermillion, City of Vermillion, Clay County, South Dakota be hereby excluded from the GB General Business District and included in the R-2 Residential District (also known as 609 N. Crawford Road). Dated at Vermillion, South Dakota this 4th day of February, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By____________________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer First Reading: January 21, 2019 Second Reading: February 4, 2019 Publication: February 15, 2019 Effective Date: March 7, 2019 8. New Business; item a Council Agenda Memo From: James Purdy, Assistant City Manager Meeting: January 21, 2019 Subject: Update on possible changes to City Code Language for Transportation Network Company Drivers Presenter: James Purdy Background: Approximately three weeks ago John Prescott, City Manager, and I had a conference call with several representatives from Lyft after they had expressed concern about the background check language in our new ordinance. In particular, they are concerned about the fingerprint background check requirement for TNC drivers. We asked them to provide us with some additional information about their background check process, and we discussed possible language changes in the ordinance for the City to consider. Discussion: After reviewing the information provided by Lyft, Administration believes that a minor adjustment to some language in our ordinance would reconcile Lyft’s request to remove the fingerprint background check requirement for its drivers, and the City’s desire to assure the safety of the community. Specifically, we propose that we remove the provision in section 114.08 of the TNC ordinance requiring TNC drivers to submit to a DCI fingerprint background check every third year, and add language to section 114.10, which would require TNCs to conduct a “City approved” local and national criminal background check “capable of ensuring compliance with SDCL 32-40-4”. SDCL 32-40-4 outlines persons that are prohibited from acting as TNC drivers, and mirrors the requirements for drivers we have laid out in 114.08. This adjustment would allow companies like Lyft who have a thorough screening process to fully assume the responsibility and liability of screening drivers, and require future TNCs to have their background check process reviewed by City Staff prior to having TNC licenses issued to their drivers. We also propose adding an additional provision to 114.10, which would require a TNC to “provide a copy of its active South Dakota sales tax license to the City”, which Lyft has done, in order to help ensure that the company has legitimate standing in South Dakota. Financial Considerations: None 8. New Business; item a Conclusion/Recommendations: Administration is not requesting any action at this meeting. Feedback on bringing forward an ordinance to make the changes discussed would be helpful. § 114.08 APPLICATION FOR VEHICLE-FOR-HIRE DRIVER'S LICENSE; QUALIFICATIONS OF APPLICANT; APPEAL FROM DECISION. (A) Each applicant, with the exception of TNC drivers pursuant to 114.l0(F), must submit to, pay for, and provide an initial and annual FBI and DCI fingerprint background check to determine the applicant's suitability. TNC drivers must submit to a DCI fingerprint background check every third consecutive year of TNC driver's permit renewal. Each new applicant shall make their own arrangements with a law enforcement agency to submit to the fingerprinting process when required. The applicant may be issued a conditional license pending the results of the background check. (B) The City Manager or designee shall have discretion to approve or disapprove the application depending on whether the City Manager or designee deems the applicant a suitable person to hold the license. The City Manager or designee may issue the license if the City Manager or designee is satisfied that the applicant has demonstrated: (1) Is at least 19 years of age; (2) Has never been diagnosed with epilepsy, heart problems, sleep apnea, vertigo or any other infirmity that could affect their ability to safely operate a motor vehicle; (3) Has not been convicted of a felony, as defined by state law, within seven years prior to the date of the application; (4) Has not been convicted of three or more moving traffic violations within the past three years; (5) Has not been convicted of driving a motor vehicle while under the influence of an alcoholic beverage within seven years, nor has had more than one prior offense of driving a motor vehicle while under the influence of an alcoholic beverage in the past ten years prior to the date of the application; (6) Has not been convicted of using, the possession of, or possession with intent to distribute any controlled drug or substance within seven years prior to the date of application; (7) Is not listed on the National Sex Offender Registry database. (8) Possesses a valid driver's license (9) Possesses proof of valid vehicle registration and automobile liability for motor vehicles to provide vehicle-for-hire service. (C) The applicant may appeal the decision of the City Manager to the Governing Body. (D) The applicant and/or driver is required to notify the City Manager immediately if there are any changes regarding their ability to meet any of the conditions listed above. Failure to do so may result license revocation and/or non-renewal. § 114.10 REGULATIONS FOR TRANSPORTATION NETWORK COMPANIES. (A) A TNC driver shall not solicit or accept street hails. (B) The TNC must provide all transaction options within their digital networks, and cannot receive cash for their services. (C) The TNC digital network must provide to the customer a photo identification of the driver, a description of the TNC personal vehicle, and TNC personal vehicle's license plate number. (D) The TNC must maintain records regarding trips of passengers for at least one year from the date the trip was provided. TNC driver must provide individual customer's records at least until the one-year anniversary of the date on which a TNC driver's customer relationship with the TNC has ended. The City may in its sole discretion inspect these records whenever crime or regulatory violation is alleged involving the TNC or the TNC driver. These records are to be maintained confidential to the extent possible. (E) The TNC must comply with the indemnity and public liability insurance requirements as established in Section 114.04(B)(3). (F) The TNC shall have a third party conduct a local and national criminal background check for each applicant prior to allowing an individual to accept trip requests that shall include: (1) Multi-state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search) (2) A driver history research report (G) The TNC shall have a zero tolerance policy for drug and alcohol use by transportation network company drivers as required by SDCL 32-40-5. The TNC shall establish and enforce a zero tolerance policy for drug and alcohol use by TNC drivers during any period when a TNC driver is engaged in, or is logged into the TNC's digital network but is not engaged in, a prearranged ride. The policy shall include provisions for: (1) Investigations of alleged policy violations; and (2) Suspensions of TNC drivers under investigation 8 New Business; item b Council Agenda Memo From: John Prescott, City Manager Meeting: January 21, 2019 Subject: Request for funding to support National Music Museum expansion and renovation Presenter: Mayor Jack Powell Background: The National Music Museum has been working to expand the NMM for the last fifteen to twenty years. Several iterations of designs have been proposed during this time. Last year the NMM Board announced a plan to expand the facility through the addition of approximately 16,000 square feet to the west of the current building and considerable renovation of the current facility. The new multi-level space will include more exhibit spaces, a gallery for temporary exhibits, new performance hall, dedicated classroom space, conservation lab, new photograph lab, and new offices. The existing space will be reconfigured as part of the expansion project. The National Music Museum closed to the public in October 2018 to begin preparation for the addition and reconfiguration project. The expansion and reconfiguration project is slated to be completed in 2021. Discussion: Most of the approximately $10,565,000 to fund the expansion and renovation project has been raised. A $1.3 million shortfall has been identified. The City has been asked to consider assisting the National Music Museum with a portion of the financing shortfall. It has been communicated that a contribution from the City could be made over several years. Financial Consideration: Staff would recommend that any City contribution come from the 2nd Penny fund and/or the Bed, Board and Booze fund. The 2nd Penny fund has been utilized for capital investments such as a building. The City’s contribution to the Wellness Center of $340,000 was paid from the 2nd Penny fund. The BBB is also a possible source of funding, as the National Music Museum is one of the largest tourist destinations in the community. Conclusion/Recommendations: Administration recommends the City Council review the information and discuss the request for funding. While staff will have information on 8 New Business; item b the respective funds and possible sources, direction on which fund(s) to make a contribution, if any, is needed. CITY OF VERMILLION 2018 INVOICES PAYABLE-JANUARY 21, 2019 1 AQUA-PURE INC CHEMICALS 5,296.00 2 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 74.16 3 AT&T MOBILITY MOBILE HOT SPOTS 424.93 4 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 14,840.50 5 BLACKSTONE PUBLISHING BOOKS 150.00 6 BLUE INC WINE LICENSE REFUND 500.00 7 BOUND TREE MEDICAL, LLC SUPPLIES 704.08 8 BROADCASTER PRESS ADVERTISING 1,689.82 9 BRUNICK'S SERVICE INC FUEL 5,494.50 10 BUHL'S CLEANERS MAT/MOP SVC 573.22 11 BUREAU OF ADMINISTRATION TELEPHONE 152.43 12 BUTLER MACHINERY CO. PARTS 1,154.72 13 CAMPBELL SUPPLY SUPPLIES 22.06 14 CLAY RURAL WATER SYSTEM WATER USAGE 38.30 15 CLAY-UNION ELECTRIC CORP ELECTRICITY 2,005.70 16 COLONIAL LIFE ACC INS. INSURANCE 1,430.17 17 COYOTE VENDING CALENDARS 195.00 18 D-P TOOLS HEX BIT SETS 137.60 19 DAKOTA PC WAREHOUSE IPADS/CASES/INK CARTRIDGES 1,641.92 20 DEMCO SOFA/LOVESEAT 1,211.12 21 DENNIS CHANDLER MERCHANDISE REIMBURSEMENT 123.05 22 DUBOIS CHEMICALS SODA ASH 6,776.00 23 ECHO ELECTRIC SUPPLY SUPPLIES 11.38 24 EMERGENCY APPARATUS MAINTENANCE REPAIRS 1,221.08 25 ENERGY LABORATORIES CHEMICALS 1,150.00 26 FRED HAAR CO., INC RENTAL 1,488.00 27 GERSTNER OIL CO JET FUEL 7,418.40 28 GLOBAL EQUIPMENT COMPANY SUPPLIES 177.85 29 GRAHAM TIRE TIRES 590.93 30 GREGG PETERS MANAGERS PROFIT 32,087.10 31 HERREN-SCHEMPP BUILDING SUPPLIES 41.94 32 HOA SOLUTIONS, INC REPAIRS 576.75 33 INGRAM BOOKS 262.49 34 INTEGRATED TECHNOLOGY & SECURITY DOOR LOCK SYSTEM 26,248.00 35 JACKS UNIFORM & EQPT UNIFORM 115.90 36 JONATHAN WARNER BOOT REIMBURSEMENT 217.27 37 KWIKBOOST CHARGING STATIONS-LIBRARY 1,283.00 38 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,180.00 39 MALLOY ELECTRIC PARTS 166.28 40 MATHESON TRI-GAS, INC SUPPLIES 681.81 41 MCLEODS PRINTING MINUTES BOOK 479.32 42 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 217.51 43 MICRO MARKETING LLC SUPPLIES 24.99 44 MIDAMERICAN GAS USAGE 10,982.26 45 MIDWEST READY MIX & EQUIPMENT FLOWABLE FILL 352.00 46 MOORE WELDING & MFG REPAIRS 23.75 47 NEBRASKA JOURNAL-LEADER ADVERTISING 67.20 48 NETSYS+ REPAIRS 114.00 49 NEWMAN SIGNS, INC SUPPLIES 86.75 50 O'REILLY AUTO PARTS PARTS 3.99 51 OFFICE SYSTEMS CO COPIER CONTRACT/COPIES 578.24 52 PCC, INC COMMISSION 3,447.55 53 QUILL SUPPLIES 114.27 54 SANITATION PRODUCTS INC PARTS 1,647.70 55 SD BOARD OF OPERATOR CERTIFICATION CERTIFICATION RENEWAL 6.00 56 SD DENR LANDFILL OPERATIONS FEE 2,781.74 57 SOOLAND BOBCAT PARTS 199.33 58 STAPLES BUSINESS CREDIT SUPPLIES 743.91 59 STATE HYGIENIC LABORATORY TESTING 1,086.00 60 STERN OIL CO. FUEL/OIL 7,739.66 61 STURDEVANTS AUTO PARTS PARTS 273.63 62 SYNCB/AMAZON BOOKS 209.00 63 THE EQUALIZER ADVERTISING 248.00 64 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 26.91 65 TRUCK-TRAILER SALES REPAIRS 235.60 66 TWIN CITY HARDWARE PARTS 6,445.91 67 TWO WAY SOLUTIONS RADIO EQUIPMENT 276.92 68 UNITED PARCEL SERVICE SHIPPING 228.90 69 VERMILLION AREA COMMUNITY FOUNDATION ROUND-UP PROGRAM 276.73 70 VERMILLION ROTARY CLUB DUES/MEALS 127.75 71 VESSCO, INC PARTS 722.91 72 WINTER EQUIPMENT COMPANY PARTS 665.01 73 YANKTON MEDICAL CLINIC TESTING 80.00 74 ZIEGLER INC PARTS 516.76 2018 TOTAL $160,583.66 2019 INVOICES PAYABLE-JANUARY 21, 2019 1 CENTURYLINK TELEPHONE 1,584.87 2 CHAD CHRISTOPHERSON SAFETY BOOTS REIMBURSEMENT 100.00 3 DAKOTA BEVERAGE MERCHANDISE 2,472.97 4 DEPT. ENVIRONMENT NATL RES WASTEWATER DISCHARGE PERMIT 10,500.00 5 ESO SOLUTIONS, INC SOFTWARE/MAINTENANCE 8,275.00 6 GLOBAL DIST. MERCHANDISE 75.00 7 GREGG PETERS MANAGERS FEE/ADVERTISING 6,500.00 8 JOHN A CONKLING DIST. MERCHANDISE 2,212.50 9 JOHNSON BROTHERS OF SD MERCHANDISE 12,257.56 10 JOINT UTILITY TRAINING SCHOOL REGISTRATION 600.00 11 JONES FOOD CENTER SUPPLIES 612.73 12 MIDCONTINENT COMMUNICATION CABLE/INTERNET SERVICE 746.57 13 MIDWEST ALARM CO ALARM MONITORING 81.00 14 MINN MUNICIPAL UTILITY ASSOCIATION MEMBER DUES/POWERLINE 991.00 15 PRAIRIE BERRY WINERY MERCHANDISE 519.00 16 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 7,063.60 17 RESERVE ACCOUNT POSTAGE FOR METER 900.00 18 SD ASSOC. OF CODE ENFORCEMENT MEMBERSHIP DUES 40.00 19 SD BUILDING OFFICIALS ASSOCIATION MEMBERSHIP DUES 50.00 20 SD PUBLIC ASSURANCE ALLIANCE BOILER INSURANCE 3,350.85 21 SIOUX CITY FOUNDRY CO SUPPLIES 2,250.00 22 SOUTHERN GLAZER'S OF SD MERCHANDISE 2,230.10 23 STUART C. IRBY CO. LED FIXTURES 88,368.75 24 THE GROWLER STATION, INC LICENSING/MAINTENANCE FEE 749.97 25 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,000.00 26 VERMILLION ACE HARDWARE SUPPLIES 83.35 27 YANKTON MOTORSPORTS LLC KAWASAKI MULES 29,998.00 2019 TOTAL $183,612.82

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