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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · October 21, 2019

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Minutes

Unapproved Minutes Council Special Session October 21, 2019 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 21, 2019 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Willson, Mayor Powell 2. Visitors to be Heard - None 3. Informational Session – Fire Department ordinances – Matt Callahan and Matt Taggart Matt Callahan, Fire Chief, and Matt Taggart, Fire Marshall, reported that at a prior noon meeting there was discussion on the need to have all commercial, industrial, multifamily and educational structures have the rapid entry system of key lock box located on the structure, noting that our current ordinance had the requirement for all new commercial and industrial structures. Matt Callahan noted that the requirement for key lock box will also apply to single family structures that are equipped with fire protection systems. Matt Callahan noted that this does not include hard wired smoke detectors but a system that includes fire sprinklers and/or fire alarm systems. Matt Callahan noted that the key lock box allows the Fire Department or Ambulance Department access to the structure without doing damage gaining entrance to a locked structure or waiting for the owner or manager to bring a key. Matt Callahan noted that it is anticipated that the ordinance will be before the City Council in November to be effective January 1, 2020. Matt Taggart stated that, during 2020 when properties are inspected, the owners will be notified of the need to install the key lock box system, noting that they will work with the property owners to provide time to get the box installed. Discussion followed on the changes proposed to the ordinance with the consensus to bring the updated ordinance for Council consideration. Matt Callahan, Fire Chief, reported that the next ordinance being proposed is to address inspection, testing, maintenance, response and nuisance alarms as it pertains to fire alarm systems. Matt Callahan stated that this is a new ordinance and reviewed the definitions, inspection requirements, fire alarm activation response, nuisance fire alarms and the proposed fees. Matt Callahan noted that the fee would be set by resolution of the City Council with second reading of the ordinance 1 The suggestion will be no charge for three false alarm responses with a $150 fee for each false alarm response thereafter during a calendar year. Discussion followed on the proposed ordinance with the consensus to bring the updated ordinance for Council consideration. Matt Callahan, Fire Chief, reported that, at the prior noon meeting, there was discussion on the need to establish a fee for failure to make the changes as documented during a property inspection. Matt Callahan stated that he will be proposing a fee of $150 if repairs are not made by second inspection and $250 if the repairs are not made by the third inspection. Matt also proposed a fee of $25 for missing a scheduled inspection. Discussion followed noting that this will need to be included in a fee resolution. 4. Briefing on the October 21, 2019 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 295-19 Alderman Ward moved to adjourn the Council special session at 12:35 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of October, 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 October 21, 2019 Monday 7:00 p.m. 2 The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, October 21, 2019 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Willson, Mayor Powell, Student Representative Yetter 2. Pledge of Allegiance 3. Minutes A. Minutes of October 7, 2019 Special Meeting; October 7, 2019 Regular Meeting 296-19 Alderman Sorensen moved approval of the October 7, 2019 Special Meeting and October 7, 2019 Regular Meeting minutes. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 297-19 Alderman Willson moved approval of the agenda. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Street lights along West Main Street (property west of Stanford Street) Shane Griese, Utility Manager, reported that in 2017 staff received a request for street lighting along West Main Street west of Stanford Street and a petition was drawn up and distributed to the requesting party at that time. Shane noted that, in August of 2019, staff received a signed petition for the improvement with the necessary amount of signatures. Shane stated that, at the September 16, 2019 City Council meeting, a Resolution of Necessity and Notice of Hearing setting the public hearing for tonight’s City Council meeting was approved. Shane reported that the property owners were notified by mail and the notice of hearing has been published in the Plain Talk. Shane reported that the City has not budgeted for this improvement, which we anticipate to be completed in 2020, thus the 2020 budget will need to be revised next 3 year. Shane noted that the 2017 estimated cost for the project is $10,422.50 which includes the eight percent (8%) administrative fee. Shane noted that following completion of the project the special assessment roll will be calculated with assessment over ten (10) years at ten percent (10%) interest on the actual project costs. Shane recommended adoption of the Resolution of Necessity for installation of Street Lighting along West Main Street west of Stanford Street. 298-19 After reading the same once, Alderman Willson moved adoption of the following: RESOLUTION ADOPTING RESOLUTION OF NECESSITY FOR INSTALLATION OF STREET LIGHTING ALONG WEST MAIN STREET WEST OF STANFORD STREET BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 21st day of October, 2019, that the necessity has arisen for the construction of street lighting along the parcels of land hereinafter named, viz: Affected Affected Affected Address Legal Description Parcel Number 1200 W. Main Lot 5, Blk 1 Bliss 2nd Addn 15091-00100-050-00 1201 W. Main Lot 1 & 2, Blk 1, Exc Lot H1 Bliss Addn 15090-00100-020-00 1310 W. Main Lot 4, Blk 1, Bliss 2nd Addn 15091-00100-040-00 1317 W. Main Lot 12, Blk6, Bliss Pointe Addn 15093-00600-000-00 1324 W. Main Lot 3, Blk 1, Bliss 2nd Addn 15091-00100-030-00 1411 W. Main Lot 13, Blk 6, Bliss Pointe Addn 15093-00600-130-00 1412 W. Main Lot 2, Blk 1, Bliss 2nd Addn 15091-00100-020-00 1500 W. Main Lot1, Blk 1, Bliss 2nd Addn 15091-00100-010-00 in the City of Vermillion, South Dakota, all as mentioned in a Resolution of Necessity adopted by the Governing Body on the 16th day of September, 2019 is approved and that the Engineer shall proceed with the work in the manner provided by law. Dated at Vermillion, South Dakota this 21st day of October, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By________________________________ John E. (Jack) Powell, Mayor ATTEST: By____________________________________ Michael D. Carlson, Finance Officer 4 The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 7. Old Business - None 8. New Business A. Resolution of Intent to set a public hearing for December 2, 2019 for Business Improvement District #2 (Downtown Streetscape Project). James Purdy, Assistant City Manager, reported that the City Council and the Business Improvement District (BID) #2 Board of Directors have been discussing an infrastructure project commonly referenced as the Downtown Streetscape Project for the last couple of years. James reported that the BID Board #2 has had several meetings over the last year to develop a plan and a proposed funding mechanism. James noted that, after two public meetings and multiple discussions with downtown property owners, the Board believes that the project has the necessary public support to move forward. James reported that the BID Board presented a plan which the City Council accepted at the October 7, 2019 City Council meeting. James reported that the BID Board proposes the following estimated cost breakdown (based on a 2016 conceptual plan) for the public improvements within the proposed district at $2,450,000. James stated that this cost would be split between the City and the owners of taxable property within the business improvement district at a rate of 82 percent City and 18 percent property owners. James noted that the property owner’s portion of the project cost would be paid in the form of an assessment. James stated that the assessment would be based on actual project costs and implemented after the project has been completed. James stated that the assessment would be 18% of the total cost of the project divided equally amongst property owners of two different areas (with two different rates) within the BID and shall be payable in ten equal annual installments. James noted that, at the July 29th public meeting, downtown property owners in attendance voted on several assessment options, and this formula was the overwhelming choice. James stated that, with the City Council supportive of the plan as presented, tonight’s item is to establish a Resolution of Intent that sets a public hearing of December 2, 2019 for the 1st reading of the Ordinance that would establish the BID #2. James noted that the Resolution will be mailed to the owners of taxable property at least 30 days prior to the public meeting. James recommended adoption of the resolution. Discussion followed on the cost allocations. 5 299-19 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION PROVIDING A NOTICE OF INTENT TO ADOPT AN ORDINANCE TO CREATE BUSINESS IMPROVEMENT DISTRICT #2 WHEREAS, the proposed boundaries of a Business Improvement District were established by a Resolution adopted on April 16, 2018; and WHEREAS, the City Council has appointed a Business Improvement Board of Directors and adopted bylaws for the Board; and WHEREAS, the Business Improvement Board has submitted a report recommending that a business improvement district be created and a plan for improvements of the business area; and WHEREAS, the City Council has approved the Plan and uses of funds collected through the Business Improvement District; and WHEREAS, a resolution of intent is required prior to the creation of Business Improvement District #2. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Vermillion, South Dakota that: 1. The boundaries of Business Improvement District #2 are defined as follows: Beginning at the intersection of the centerlines of 12th Street and Kidder Street; then north along the centerline of 12th Street for 582-feet to the intersection with the centerline of the east-west alley in Block 39 of Snyder’s Addition; then east along the centerline of the east-west alley in Block 39 of Snyder’s Addition to the intersection with the centerline of Franklin Street; then north along the centerline Franklin Street for 2-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 38 of Snyder’s Addition; then south along the centerline of the north- south alley in Block 38 of Snyder’s Addition for 24-feet; then east for 192-feet to the intersection with the centerline of Washington Street; then north along the centerline of Washington Street for 374- feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 42 of Snyder’s Addition; then south along the north-south alley in Block 42 of Snyder’s Addition for 165- feet to the intersection with the centerline of West National Street; then east along the centerline of West National Street for 200-feet to the intersection with the centerline of High Street; then south 6 along the centerline of High Street for 121-feet; then east for 200- feet to the intersection with the centerline of the north-south alley in Block 36 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 36 of Snyder’s Addition for 44-feet; then east for 200-feet to the intersection with the centerline of Prospect Street; then north along the centerline of Prospect Street for 66-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 35 of Snyder’s Addition; then north along the centerline of the north-south alley in Block 35 of Snyder’s Addition for 220-feet; then east for 200-feet to the intersection with the centerline of Center Street; then south along the centerline of Center Street for 121-feet to the intersection with the centerline of East National Street; then east along the centerline of East National Street for 130-feet; then north for 121-feet; then east for 70-feet to the intersection with the centerline of the north- south alley in Block 45 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 45 of Snyder’s Addition to the intersection with the centerline of East National Street; then east along the centerline of East National Street for 197.5-feet to the intersection with the centerline of Elm Street; then south along the centerline of Elm Street for 99-feet; then east for 180.5-feet to the intersection with the centerline of the north-south alley in Block 33 of Snyder’s Addition; then south along the centerline of the north- south alley in Block 33 of Snyder’s Addition for 120-feet to the intersection of the vacated east-west alley in Block 33 of Snyder’s Addition; then east along the centerline of the vacated east-west alley in Block 33 of Snyder’s Addition for 183-feet to the intersection with the centerline of North Dakota Street; then north along the centerline of North Dakota Street for 35-feet to the intersection with the centerline of the east-west alley in Block 61 of Bigelow’s Addition; then east along the centerline of the east- west alley in Block 61 of Bigelow’s Addition for 200-feet to the intersection with the centerline of the north-south alley in Block 61 of Bigelow’s Addition; then south along the centerline of the north- south alley in Block 61 of Bigelow’s Addition for 189-feet to the intersection with the centerline of East Main Street; then east along the centerline of East Main Street for 25-feet to the intersection with the centerline of Forest Avenue; then south along the centerline of Forest Avenue for 188-feet to the intersection with the centerline of the vacated east-west alley in Block 73 of Smith’s Addition; then west along the centerline of the vacated east-west alley in Block 73 of Smith’s Addition for 225-feet to the intersection with the centerline of South Dakota Street; then north along the centerline of South Dakota Street for 96-feet; then west for 81-feet; then south for 132-feet; then west for 105.5-feet to the intersection with the centerline of the north-south alley in Block 26 of Original Vermillion; then south along the centerline of the north-south alley 7 in Block 26 of Original Vermillion for 212-feet to the intersection with the south right-of-way line of the vacated Kidder Street; then east along the south right-of-way line of the vacated Kidder Street for 241-feet to the intersection with the centerline of South Dakota Street; then south along the centerline of South Dakota Street for 220-feet; then southwest to the intersection with the centerline of the vacated Bloomingdale Street for 128-feet south and 81-feet west; then west along the centerline of the vacated Bloomingdale Street for 360-feet to the intersection with the centerline of Church Street; then north along the centerline of Church Street for 388-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 400-feet to the intersection with the centerline of Court Street; then south along the centerline of Court Street for 172-feet; then west for 200-feet to the intersection with the centerline of the north-south alley in Block 23 of Original Vermillion; then south along the centerline of the north-south alley in Block 23 of Original Vermillion for 216-feet to the intersection with the centerline of Bloomingdale Street; then west along the centerline of Bloomingdale Street for 410-feet to the intersection with the centerline of the north-south alley in Block 22 of Original Vermillion; then north along the centerline of the north-south alley in Block 22 of Original Vermillion for 388-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 600-feet to the intersection with the centerline of Luxemburg Street; then north along the centerline of Luxemburg Street for 106-feet; then west for 200-feet to the intersection with centerline of the north-south alley in Block 31 of Original Vermillion; then south along the centerline of the north-south alley in Block 31 of Original Vermillion for 106-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 200-feet to the intersection with the centerline of 12th Street being the point of beginning. 2. The BID Board finds that the City Council concurs with dividing the business improvement district into two areas, Area A and Area B. Area A is described as an area encompassing the following parcels: Lots 1 and 2 and West 10-feet of Lot 3 and North half of vacated alley and North 99.5-feet of Lots 4, 5, and 6 and North 99.5-feet of East 15- feet of Lot 3 and Part of South Dakota Street commencing 34-feet at the Northwest of Lot 1 then West 5-feet then South 66-feet then 5- feet then 66-feet to point of beginning; and, the West 41-feet of vacated Dakota Street abutting Lot 1 and East 18-feet of Lot 1 Block 26, Original Town; and, East 29.5-feet of West 95.5-feet of Lots 2, 3 and 4 and East 66-feet of West 132-feet of Lot 1, Block 26, Original Town; and, East 15-feet of West 66-feet of Lots 1, 2, 3 and 4, Block 26, Original Town; and, East 20-feet of West 51-feet of Lots 1, 2, 3, and 4, Block 26, Original Town; and, West 31-feet of Lots 1, 2, 3, 8 and 4, Block 26, Original Town; and, Lots 15, 16, and 17, Block 26, Replat of Lots 13 and 14, Original Town; and, and, Lots 8, 9, 10, 11 and 12, Block 26, Original Town; and, Block 27, Original Town; and, Block 28, Original Town; and, Lots 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13, Block 29, Original Town; and, Lot A, Block 29, Original Town; and, Lot 24, Block 36, Snyders Addition; and, Lot HD-1 Lot 15, Block 35, Snyders Addition; and, West 25-feet of Lot 15 excluding Lot HD- 1, Block 35, Snyders Addition; and, East 25-feet of Lot 15, Block 35, Snyders Addition; and, Lots 16 through 25, including all the vacated alley between lots 19 and 20, Block 35, Snyders Addition; and, Lot 15A, Block 34, Snyders Addition; and, Lot 16A, Block 34, Snyders Addition; and, Lots 17 through 23, Block 34, Snyders Addition; and, Lots 15 through 19, Block 33, Snyders Addition; and, Lot 18A, Block 33, Snyders Addition; and, West 11-feet of Lot 20, Block 33, Snyders Addition; and, East 15-feet of South 90-feet of Lot 20 and Lots 21 through 25, Block 33, Snyders Addition; and, Lots 20 through 25 excluding West 11-feet of Lot 20 and excluding South 90-feet of Lots 20 through 25, Block 33, and Track of land 50-feet East and West by 20-feet North and South excluding West 7-feet of said tract, Snyders Addition. Area B is described as the land outside of Area A, but within the boundary of the Business Improvement District No. 2. 3. A public hearing shall be held before the Governing Body of the City of Vermillion, South Dakota on the 2nd day of December, 2019 at 7:00 p.m. in the City Council Chambers of City Hall at 25 Center Street to consider the creation of Business Improvement District #2. 4. The BID Board finds and the City Council concurred that there is a need to fund a project that would renovate the Central Business District of the City of Vermillion, and that the project could be paid partially through funds generated by the Business Improvement District #2. 5. Eligible expenses may include: removal and reconstruction of sidewalks, removal and reconstruction of street pavement, removal and reconstruction of curb and gutter, construction of landscaping features, signage, street lighting, landscaping, storm sewer improvements, and the necessary staff to execute these efforts. 6. The following costs are estimated for the public improvements within the proposed district: $2,450,000. This cost would be split between the City and the owners of taxable property within the Business Improvement District at a rate of 82:18. Furthermore the owners within Area A will pay a yearly amount of 0.162 times the total cost of the 9 project divided by 69. The owners within Area B will pay a yearly amount of 0.018 times the total cost of the project divided by 23. 7. The assessment shall be payable in ten equal annual installments. 8. Any grants and donations to the project shall be deducted from the total cost of the project prior to the cost being divided amongst the owners of Area A or Area B. 9. The Finance Officer shall cause a notice of public hearing for the creation of the proposed Business Improvement District to be mailed to each property owner of taxable property in the district at least thirty (30) days prior to the public hearing. Dated at Vermillion, South Dakota this 21st day of October, 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 The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. B. Final Plat of Lots 1 and 2 in Block 7 Brooks Industrial Park Addition to the City of Vermillion, Clay County, South Dakota Jose Dominguez, City Engineer, reported that Banner Associates has submitted a final plat on behalf of the Vermillion Area Chamber of Commerce and Development Company noting that the property is located on the south side of SD Highway 50 Bypass directly west of Commerce Street. Jose noted that the plat divides this area into two lots (4.9-acres and 4.4-acres). Jose reported that the plat was reviewed by the Planning and Zoning Commission at their October 15th meeting with a unanimous recommendation of approval of the final plat to the City Council. Jose noted that the large 66-foot easement bisecting Lot 1 and 2 could be turned into a public right-of-way and used to construct a public road. Jose stated that access to the properties off this easement will not be granted until the right-of-way is acquired by the City. Discussion followed. 10 300-19 After reading the same once, Alderman Hellwege moved approval of the following plat: WHEREAS IT APPEARS that the owners thereof have caused a plat to be made of the following described real property: Lots 1 and 2 in Block 7 Brooks Industrial Park, City of Vermillion, Clay County, South Dakota for approval. BE IT RESOLVED that the attached and foregoing plat has been submitted to and a report and recommendations thereon made by the Vermillion Planning Commission to the City Council of Vermillion which has approved the same. BE IT ALSO RESOLVED that access shall be granted to the lot in accordance with the City of Vermillion street access and driveway approach policy, which requires an application permit. BE IT FURTHER RESOLVED that the attached and foregoing plat has been submitted to the Governing Body of the City of Vermillion which has examined the same, and it appears that the systems of streets and alleys set forth therein conforms to the system of streets and alleys of the existing plat of such city, and that all taxes and special assessments, if any, upon the tract or subdivision have been fully paid and that such plat and survey thereof have been executed according to law, and the same is hereby accordingly approved. 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. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. C. Resolution authorizing the purchase of a mower for the Bluffs Golf Course Jose Dominguez, City Engineer, reported that, as part of the 2020 equipment replacement schedule, the Bluffs Golf Course 2011 Toro Greensmaster 3150 was scheduled for replacement. Jose stated that we would like to take advantage of an attractive National IPA bid from the Toro Company. Jose noted that, if the resolution to place the order is approved by the City Council, the item would not be received or paid for until the 2020 budget year. Jose stated that the total bid for a 2020 Greensmaster 3300 TriFlex with all new accessories and blades is $46,724.00. Jose stated that the Toro Company participating distributor for South Dakota is Midwest Turf & Irrigation of Omaha, Nebraska. Jose reported that the 2020 Equipment Replacement Fund includes a budget of 11 $42,000 for this purchase. Jose reported that staff will be approaching other golf courses in the area to see if there is interest in purchasing the 2011 Toro Greensmaster 3150. Jose noted that, if there is interest by other courses, staff will approach City Council to declare the 2011 mower surplus and sell it to a golf course. Jose noted that, if there is no interest, a trade-in value of $6,500 for the 2011 mower has been offered by Midwest Turf & Irrigation of Omaha. Jose recommended approval of the resolution to purchase the golf course mower. Discussion followed. 301-19 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A MOWER FOR THE BLUFFS GOLF COURSE 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 National Intergovernmental Purchasing Alliance (National IPA) for a mower, accessories and blades from Midwest Turf & Irrigation of Omaha for the amount of $46,724.00 offers an advantageous price to the City for said item; and WHEREAS, the City of Vermillion would receive the delivery of the equipment after January 1, 2020 and no later than March 31, 2020. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota that the City Manager or the City’s Finance Officer is hereby authorized to purchase a new 2020 Toro Greensmaster 3300 TriFlex with accessories and blades from Midwest Turf & Irrigation of Omaha, of Omaha, Nebraska for a price of $46,724.00. Dated at Vermillion, South Dakota this 21st day of October, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________ John E. (Jack) Powell, Mayor ATTEST: By _________________________________ Michael D. Carlson, Finance Officer 12 The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. D. Declare Landfill dump truck surplus James Purdy, Assistant City Manager, reported that the Solid Waste Department has a dump truck used to carry bales from the baler building to be placed in the landfill. James reported that in 2015 the City purchased a 1998 Ford dump truck with 195,000 miles on it to perform this task. James reported that approximately two weeks ago the engine in the truck blew up and would need to be rebuilt. James noted the value of the truck and found that a similar truck, with a working engine, can be appraised for about $20,000 and the cost to rebuild the engine on the current truck would cost close to $30,000. James noted that a replacement truck has been located for $24,282.50. James recommended declaring the 1998 Ford Conventional H Truck as surplus and authorize the appraisal by the Surplus Property Appraisal Committee to be sold by sealed bids. Discussion followed. 302-19 Alderman Price moved to declare the 1998 Ford Conventional H Truck as surplus and authorize the appraisal by the Surplus Property Appraisal Committee to be sold by sealed bids. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Sale of Surplus Vehicle Jose Dominguez, City Engineer, reported that, at the October 7th City Council meeting, the Council approved the sale of several vehicles. Jose noted that no bids were received for the 2002 Chevrolet 2500 with a dump bed appraised at $2,800. Jose noted that advertising continued to see if it could be sold prior to the City’s spring auction. Jose reported that a bid was received for the 2002 Chevrolet 2500 with a dump bed on October 18th from Bensen Lawn Care of Maskell, NE, for $2,520.00. Jose noted that this bid meets the required 90% of the appraised value and recommended approval of the sale. 303-19 Alderman Sorensen moved approval of the sale of the 2002 Chevrolet 2500 with a dump bed to Bensen Lawn Care of Maskell, NE, for $2,520.00. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13 10. City Manager's Report James Purdy, Assistant City Manager, presented the report. A. James reported that parking will be removed on the north end of Dakota Street from Alumni Street to Highway 50 and Rose Street will be closed from Coyote Village north to the Dome from 6:00 a.m. to 6:00 p.m. on Saturday, October 26th for Coyote Football game. B. James reported that the Planning Commission will have a public hearing to consider the zoning amendments on Tuesday, November 12th at their meeting which begins at 5:30 p.m. James noted that this zoning amendment will be part of the City Council’s November 18th agenda if advanced by the Planning Commission. C. James reported on the approval of the following raffle notification: Vermillion High School After Prom Committee is selling raffle tickets at $5 each or 5 for $20 until January 7, 2020. The prizes are 4 tickets to the USD/SDSU men’s game and 4 tickets to the USD/SDSU women’s game here in Vermillion. The drawing will be held at a January 7, 2020 VHS basketball game. The value of the tickets is $160. Proceeds from the raffle will be used to help support the VHS After Prom activities. PAYROLL ADDITIONS AND CHANGES Finance: Katie Redden $22.70/hr; Service Garage: Joshua Manning $17.66/hr; Recreation: Molly Welch $9.25/hr 11. Invoices Payable 304-19 Alderman Price moved approval of the following invoice: Rich Holland mileage reimbursement 230.58 Alderman Collier-Wise seconded the motion. Alderman Holland requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 305-19 Alderman Price moved approval of the following invoices: A-1 Portable Toilets portable toilet rental 240.00 Aqua-Pure Inc chemicals 4,840.00 AT&T Mobility mobile hot spots 428.97 Broadcaster Press advertising 1,655.31 14 Buhl's Cleaners mat/mop service 715.48 Bureau Of Administration telephone 249.41 Campbell Supply supplies 230.31 Centurylink telephone 1,592.27 City Of Vermillion landfill vouchers 384.00 Claims Associates, Inc professional services 5,000.00 Clay Rural Water System water usage 165.00 Clay-Union Electric Corp electricity 1,429.09 Dakota Beverage merchandise 13,541.43 Daniel Burniston meals reimbursement 41.00 Dept Of Environment & Natural Res SWMP loan payment 14,338.54 Division Of Motor Vehicle title/plates 15.00 Girard Auction & Land Broker tandem axle dump truck 24,282.50 Global Dist. merchandise 352.00 Gregg Peters managers fees/qtr profit 35,514.24 Jennifer Holthe safety boots reimbursement 100.00 John A Conkling Dist. merchandise 6,401.25 Johnson Brothers Of SD merchandise 18,922.96 Jones Food Center supplies 329.69 Justin McGregor housing rehabilitation 2,385.92 Karian Peterson Contracting pole replacement 13,268.25 Karsten Mfg Corp merchandise 374.53 Loren Fischer Disposal haul cardboard 1,180.00 McCulloch Law Office professional services 1,919.00 MidAmerican gas usage 1,422.28 Midcontinent Communication cable/internet service 746.57 Pizza Ranch pool parties-pizza 357.03 Republic National Dist. merchandise 17,109.60 SD Denr landfill operations fee 3,833.83 SD Public Assurance Alliance truck insurance 585.32 Southern Glazer's Of SD merchandise 3,476.12 Staples Business Credit supplies 1,905.11 Stern Oil Co. fuel 13,750.46 The Growler Station, Inc licensing/maintenance fee 749.97 Titleist-Acushnet Company merchandise 233.21 United Parcel Service shipping 47.45 Us Bank St. Paul go pool bond 159,877.50 Us Postmaster postage for utility bills 1,000.00 Vermillion Area Community Found round-up program 264.83 Vermillion Chamber Of Commerce funding 62,500.00 Vermillion Rotary Club dues/meals 134.25 Waste Management Of WI-MN waste hauling 1,450.32 Yamaha Motor Finance Corp golf cars lease 6,622.61 15 Alderman Ward seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 306-19 Alderman Ward moved to adjourn the Council Meeting at 7:24 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of October, 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 ___________. 16

Agenda

Special Meeting Agenda City Council 12:00 p.m. (noon) Special Meeting Monday, October 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 – Fire Department ordinances – Matt Callahan and Matt Taggart. 4. Briefing on the October 21, 2019 City Council Regular Meeting – Briefings are intended to be informational only and no deliberation or decision will occur on this item. 5. 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, October 21, 2019 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. October 7, 2019 Special Meeting; October 7, 2019 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard 6. Public Hearings a. Street lights along West Main Street (property west of Stanford Street). 7. Old Business 8. New Business a. Resolution of Intent to set a public hearing for December 2, 2019 for Business Improvement District #2 (downtown streetscape project). b. Final Plat of Lots 1 and 2 in Block 7 Brooks Industrial Park Addition to the City of Vermillion, Clay County, South Dakota. c. Resolution authorizing the purchase of a mower for the Bluffs Golf Course. d. Declare Landfill dump truck surplus. 9. Bid Openings a. Sale of Surplus Equipment and Vehicles. 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 October 7, 2019 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 7, 2019 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen (arrived 12:03 p.m.), Ward, Willson, Mayor Powell 2. Visitors to be Heard - none 3. Informational Session – Business Improvement District #2 update – City Engineer Jose Dominguez Jose Dominguez, City Engineer, stated that this update was for background on Business Improvement District #2 (BID #2) before the report is presented at tonight’s meeting. Jose gave history noting that the downtown project plan was developed in 2016 and in 2018 the City Council created BID #2 Board. Jose reported that the BID #2 Board has had public meetings on the improvements planned, funding mechanism and boundaries of the district. Alderman Sorensen arrived at 12:03 p.m. Jose reported that the BID #2 Board has concluded the need for a downtown project that will consist of sidewalks, street pavement, curb and gutter, landscaping features, public signage, street lights, storm sewer and other necessary improvements. Jose reported that the plan was developed based on the 2016 conceptual plan with an estimated cost of $2.45 million. Jose stated that the costs would be split between the city and the property owners within the BID #2 District at 82% city and 18% property owners. Jose noted that the BID #2 boundaries were divided between Area A at 16.2% of total project cost and Area B at 1.8% of total project cost. Jose noted that the assessments will be based upon actual project costs and payable over ten years with no interest except for delinquent amounts. Jose reviewed the next steps needed as well as a proposed timeline. Jose stated that members of the BID #2 Board are present to help with answering any questions. Discussion followed on the downtown improvement project noting the need to keep the downtown businesses informed on the project progress. 4. Briefing on the October 7, 2019 City Council Regular Meeting 1 Council reviewed items on the agenda with City staff. No action was taken. 5. Executive Session – Legal Matters 281-19 Alderman Hellwege moved to go into Executive Session at 12:17 p.m. for legal matters. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the Council in Executive Session. Mayor Powell declared the Council out of Executive Session at 12:38 p.m. 282-19 Alderman Hellwege moved to request that staff provide an information session about gender and diversity as it relates to city policies by year end. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 6. Adjourn 283-19 Alderman Ward moved to adjourn the Council special session at 12:42 p.m. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of October, 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 October 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, October 7, 2019 at 7:00 p.m. by Mayor Powell. 2 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Willson, Mayor Powell, Student Representative Rhoades 2. Pledge of Allegiance 3. Minutes A. Minutes of September 16, 2019 Special Meeting; September 16, 2019 Regular Meeting; September 30, 2019 Special Meeting Session. 284-19 Alderman Collier-Wise moved approval of the September 16, 2019 Special Meeting, September 16, 2019 Regular Meeting and September 30, 2019 Special Meeting minutes. Alderman Willson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 285-19 Alderman Price moved approval of the agenda. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Public Power Week Proclamation Alderman Ward read the Public Power Week Proclamation recognizing October 6-12, 2019 as Public Power Week, a week-long celebration of Vermillion Light & Power’s year-round service to Vermillion. 6. Public Hearings - None 7. Old Business A. Second Reading of Ordinance No. 1405 amending Title XV, Land Usage; Chapter 152, Signs amending definitions, removing speech specific subject matter and establishing uniform size, height, and duration requirements for all signs regardless of content. John Prescott, City Manager, reported that a 2015 decision by the United States Supreme Court in Reed et al. v. Town of Gilbert, Arizona et al held that any ordinance that restricts the size, number, duration, and location of temporary directional signs of one subject matter versus another violate the Free Speech Clause of the First Amendment. John noted 3 that the Supreme Court held that restrictions were subject to strict scrutiny because they were content-based restrictions. John reported that this issue was first presented to City Council at a noon educational session on June 17, 2019 where the City Council requested that City Staff and City Attorney review the City’s current sign ordinance and made the determination to eliminate any and all content-based restrictions and focus on making a sign ordinance that is based on size, location, and type. John reported that proposed Ordinance No. 1405 modifies the current sign ordinance by amending definitions, removing speech specific subject matter, and establishing uniform size, height, and duration requirements for all signs regardless of content. John reported that the ordinance is unchanged since first reading on September 16, 2019 and recommended second reading. Discussion followed. 286-19 Second reading of title to Ordinance No. 1405, entitled AN ORDINANCE AMENDING Title XV, Land Usage; Chapter 152, Signs amending definitions, removing speech specific subject matter and establishing uniform size, height, and duration requirements for all signs regardless of content for the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Price moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1405 entitled an ordinance amending Title XV, Land Usage; Chapter 152, Signs amending definitions, removing speech specific subject matter and establishing uniform size, height, and duration requirements for all signs regardless of content was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 16th day of September, 2019 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 7th day of October, 2019 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE NO. 1405 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 152, SIGNS AMENDING DEFINITIONS, REMOVING SPEECH SPECIFIC SUBJECT MATTER AND ESTABLISHING UNIFORM SIZE, HEIGHT AND DURATION REQUIREMENTS FOR ALL SIGNS REGARDLESS OF CONTENT. 4 BE IT ORDAINED by the Governing Body of the City of Vermillion, South Dakota that the following sections of Chapter 152 shall be deleted as follows: § 152.02 DEFINITIONS. (removing the following definitions) COMMERCIAL MESSAGE. Any sign, wording, logo or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale or sales event or other commercial activity. POLITICAL SIGN. A temporary sign such as a poster card or lawn sign identifying a candidate or issue to be voted for or upon on a definite election day. RESIDENTIAL SIGN. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for services legally offered on the premises where the sign is located. TEMPORARY SIGN. Any sign that is used for varying periods of time and may be mounted on or below grade. § 152.04 SIGNS EXEMPT FROM DIVISION REGULATIONS. (A) Real estate signs. Signs advertising the sale, rental, or lease of the premises or part of the premises on which the signs are displayed. One non-illuminated sign, not to exceed 6 square feet in residential districts and 32 square feet in commercial or industrial districts, shall be permitted. The signs shall not extend higher than 3 feet above grade level in residential districts or 12 feet above ground in commercial or industrial districts or closer than 3 feet from any property line unless located on the wall of a building. The signs shall not be located in any public right-of-way and must be removed within 1 week after the disposition of the premises. However, multi-family residential structures containing 12 or more dwelling units per structure are allowed 1 sign not exceeding 32 square feet. (B) Construction signs. Signs identifying the architect, engineer, contractor or other individuals involved in the construction of a building and signs announcing the character of the building enterprise or the purpose for which the building is intended but not including product advertising. One non-illuminated sign not to exceed 50 square feet shall be permitted per street frontage. The sign shall not extend higher than 10 feet above grade level and meet the front yard requirement for a principal structure unless located on the wall of a building on the premises or on a protective barricade surrounding the construction. The signs shall not be located in any public right-of-way and must be removed within 1 week following completion of construction and/or occupancy of the building. (C) Political campaign signs. Signs announcing candidates seeking public political office or pertinent political issues. Non-illuminated 5 signs, not exceeding 6 square feet in residential districts and 32 square feet in commercial or industrial districts, shall be permitted. The signs shall not extend higher than 3 feet above grade level in residential districts or 12 feet above ground in commercial or industrial districts or closer than 3 feet from any property line unless located on the wall of a building. The signs shall be confined to private property and shall signs may be displayed only for a period of 60 days preceding the date of the election and shall be removed within 1 week after the election to which they pertain. (J) Residential Signs. Residential Signs under 2 square feet in size. BE IT ORDAINED by the Governing Body of the City of Vermillion, South Dakota that the following sections of Chapter 152 shall be added as follows: § 152.02 DEFINITIONS (adding the following definitions) COMMERCIAL SIGN. Any sign, permitted by the code, located in a district zoned for Commercial or Industrial uses. HOME OCCUPATION SIGN. Any sign located in a district zoned for residential uses that advertises for services legally offered on the premises where the sign is located. The sign shall not be illuminated or more than one (1) square foot in area. RESIDENTIAL SIGN. Any sign, permitted by the code, located in a district zoned for residential uses. TEMPORARY SIGN. Any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence for a fixed and limited time or duration and intended for a limited period of display, or which is not designed or intended to be placed permanently. § 152.03(1) HOME OCCUPATION SIGNS Home occupation signs. There can be no evidence other than the nameplate that will indicate from the exterior that the building is being utilized in part for any other purpose other than that of a dwelling. There shall be no sign which is attached to the building other than a nameplate. The sign shall not be illuminated or more than one (1) square foot in area. § 152.04 SIGNS EXEMPT FROM DIVISION REGULATIONS. (A) Commercial Signs. In addition to permitted signs, one (1) exempt sign located at a property in any Commercial or Industrial district is permitted. Signs shall be, non-illuminated, not to exceed 32 square feet and no higher than 12 feet above grade level or closer than three (3) feet from any property line unless located on the wall of a building. 6 The signs shall not be located in any public right-of-way. Temporary signs may be displayed only for a period of 60 days, or until one (1) week following completion of the event or project the sign refers to, whichever comes first. One (1) additional wall or freestanding sign up to six (6) square feet in area shall be allowed per lot during any period of time in which the lot is available for sale, lease, or rent. If it is a freestanding sign, it cannot be taller than three (3) feet above grade. (B) Deleted (C) Deleted (J) Residential Signs. In addition to permitted signs, one (1) exempt sign located at a property in any residential district is permitted. Signs shall be, non-illuminated, not to exceed six (6) square feet and no higher than three (3) feet above grade level or closer than three (3) feet from any property line. The signs shall not be located in any public right-of-way. Temporary signs may be displayed for up to 60 days or until one (1) week following completion of the event or project the sign refers to, whichever comes first. Multi-family residential structures containing four (4) or more dwelling units per structure are allowed one (1) additional exempt sign not exceeding 32 square feet attached to the building or within four feet of the structure. Free standing signs not attached to the building shall be no higher than six (6) feet. One (1) additional wall or freestanding sign up to six (6) square feet in area shall be allowed per lot during any period of time in which the lot is available for sale, lease, or rent. If it is a freestanding sign, it cannot be taller than three (3) feet above grade. Dated at Vermillion, South Dakota this 7th day of October, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY______________________________ Michael D Carlson, Finance Officer Adoption of the Ordinance was seconded by Alderman Holland. Thereafter, the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Collier- Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Powell-Y. Motion carried 9 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 7 8. New Business A. Receipt of report from the BID #2 Board regarding downtown streetscape project. James Purdy, Assistant City Manager, reported that the City Council and the Business Improvement District (BID) #2 Board of Directors have been discussing an infrastructure project commonly referenced as the Downtown Streetscape Project for the last couple of years. James stated that BID Board #2 has had several meetings over the last year to develop a plan and a proposed funding mechanism. James stated that the BID Board has determined that the project has the necessary public support to move forward, and has put together a plan that is included in the packet for the City Council’s consideration. James reported that the BID #2 Board proposes the following estimated cost breakdown (based on a 2016 conceptual plan) for the public improvements within the proposed district of $2,450,000. James noted that the plan will split this cost between the City and the owners of taxable property within the Business Improvement District at a rate of 82% City and 18% property owners. James noted that the property owner’s portion of the project cost would be paid in the form of an assessment that would be based on actual project costs, and implemented after the project has been completed. James reported that the assessment would be 18% of the total the projected cost divided amongst property owners of two different areas (with two different rates) within the BID district payable in ten equal annual installments. James stated that at the July 29th public meeting, downtown property owners in attendance voted on several assessment options, and this formula was the overwhelming choice. James stated that the next step would be to adopt a Resolution of Intent which sets a public hearing for the 1st reading of the Ordinance that would establish the BID #2. James stated that the Resolution is mailed to the owners of taxable property at least 30 days prior to the public meeting. James stated that once the Ordinance is in effect, the BID Board can begin the process of hiring a consultant to refine the plan for bidding and construction. James reported that administration recommends the City Council accept the report from the BID #2 Board of Directors. Discussion followed. 287-19 Alderman Willson moved approval of the City Council accepting the report of the Business Improvement District #2 Board of Directors for the project known as the Downtown Streetscape Project. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Resolution adjusting the storm drainage fee 8 Mike Carlson, Finance Officer, reported that during the budget process it was proposed to raise the storm drainage fee to provide additional revenues for storm drainage projects. Mike noted that the fee is charged to all properties in the city and is included on the property tax statements. Mike stated that the proposed increase will generate $8,700 of additional revenue for the storm water fund for 2020. Mike reviewed the budgeted expenditures for 2019 and 2020 for the storm drainage fee. Mike noted that for a residential lot of 10,000 square feet, the fee would go from $31.12 to $32.25 per year. Discussion followed. 288-19 After reading the same once, Alderman Hellwege moved adoption of the following: RESOLUTION TO CHANGE STORM DRAINAGE FEE WHEREAS, Section 53-135 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to change the city wide property drainage fee; and WHEREAS, during the annual budget process it was determined additional revenue would be needed for future storm drainage projects. BE IT HEREBY RESOLVED, by the Governing body of the City of Vermillion, South Dakota, at a regular meeting thereof of said City at 7:00 p.m. on the 1st day of October, 2018 that the fee be changed as follows: The unit financial charge shall be $0.00043. Dated at Vermillion, South Dakota this 7th day of October, 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 member voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 9 C. Request to close N. Dakota Street from the south end of the Fire/EMS station at 820 N. Dakota Street to W. Duke Street on Wednesday, October 9, 2019 from 5:00 pm to 7:00 pm for the Fire/EMS Department Open House. Matt Callahan, Fire Chief, reported that the Department is requesting the closing of Dakota Street from the south end of the Fire/EMS Station at 820 N. Dakota Street to W. Duke Street on Wednesday, October 9, 2019 from 5:00 p.m. to 7:00 p.m. for their Open House. Matt stated that the McDonalds driveway and the Duke/Dakota Street intersection will remain open. Matt stated that the request is for the safety of those attending as the equipment is displayed in front of the building. 289-19 Alderman Price moved approval of the street closing request from the Fire/EMS Department for N. Dakota Street from the south end of the Fire/EMS station at 820 N. Dakota Street to W. Duke Street on Wednesday, October 9, 2019 from 5:00 p.m. to 7:00 p.m. for the Open House. Alderman Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. D. Consider Change Order #1 for Ground Storage Reservoir project Shane Griese, Utility Manager reported that in July 2019 the Ground Storage Reservoir Improvement Project was awarded to low bidder Viking Industrial Painting. Shane reported that the project consisted of sandblasting and recoating the entire interior of the reservoir. Share reported that the project began in August and during the sand-blasting portion of the project the presence of lead based paint was discovered on the ceiling portions of the tank that did not have contact with water. Shane noted that this was unforeseen as the reservoir was built in 1971 and lead based paints were not used after 1970. Shane noted that it is assumed that due to the ceiling never having contact with water there may have been a waiver. Shane noted that the presence of lead in the ceiling changes the way the blasting is performed as well as the disposal of what is deemed hazardous waste. Shane reported that Viking Industrial Painting has prepared the cost breakdown for the additional work which is included in the packet. Shane reported that the additional work will increase the cost of the project $63,650.35. Shane reported that the original project was awarded at an amount of $282,500 and with this change order increases the total project cost to $346,150.35 and will also extend the completion date of October 29th by 10 days. Shane stated that funding for this change order would come from the water reserves. Shane recommended approval of the change order. Discussion followed. 290-19 Alderman Collier-Wise moved approval of Change Order #1 with Viking Industrial Painting for the Ground Storage Reservoir Improvement Project 10 for the removal and disposal of the lead paint at a cost of $63,650.35 increasing the total project cost to $346,150.35. Alderman Hellwege seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. Sale of Surplus Equipment and Vehicles Jose Dominguez, City Engineer, stated that the City had declared the listed equipment and vehicles surplus, that were appraised by the Surplus Property Appraisal Committee and advertised for sale by sealed bids with the bid opening on October 2, 2019. Jose reported that bid documents were sent to eleven potential bidders and eleven bids were received. Jose recommended the high bid of Orvil Holz on the 2008 Ford F-150 of $3,500, the high bid of David Fallan on the 2004 Ford F-250 of $4,751, the only bid of Daniel Lewis on the 2003 Chevy 2500 of $2,700, the high bid of Mart Brothers Construction on the 2001 Ford F-350 4x4 of $5,787, the only bid of Tim Hanson on the 2004 Ford F-150 of $2,600 and the high bid of Tom Hanson on the 2001 Chevy 1500 (4066) of $675. Jose reported that after the bid opening Orvil Holz submitted a bid for the 2001 Chevy 1500 (1168) of $2,550 that is over the 90% of the appraised value. Jose recommended acceptance of the bids as well as the offer after the bid opening. Jose stated that the 2004 Henderson sander and the 2002 Chevy 2500 will continue to be marketed for not less than 90% of the appraised value with all bids being brought to the City Council for consideration or included on the spring auction. Bids: 2008 Ford F-150 – Orvil Holz $3,500, William Pratt $2,801; 2004 Henderson Sander no bids; 2004 Ford F-250 - David Fallan $4,751, Mart Brothers $4,068, David Moore $4,650; 2003 Chevy 2500 – Daniel Lewis $2,700, 2001 Ford F-350 4x4 – Mike Crosley $4,000, Todd’s Electric Service $4,600, Jerry Prentice $4,100, William Pratt $3,401, Mart Brothers Construction $5,787; 2004 Ford F-150 – Tim Hanson $2,600, 2002 Chevy 2500 no bid, 2001 Chevy 1500 (1168) no bid; 2001 Chevy 1500 (4066) David Fallan $625, Tim Hanson $675, Mart Brothers Construction $660, Martinson Construction $650. 291-19 Alderman Sorensen moved approval of the high bid or only bid as well as the bid that came in after the bid time on the vehicle without any bids as reported above. Alderman Hellwege seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Fuel quotes 11 Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Brunick’s Service on Items 1, 3 & 4 and Stern Oil on Item 2. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $2.1325, Brunick’s Service $2.13; Item 2 – 1,000 gal unleaded: Stern Oil $2.4203, Brunick’s Service $2.49; Item 3 – 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $2.1622, Brunick’s Service $2.16; Item 4 - 1,000 gal No. 2 diesel fuel- clear: Stern Oil $2.4537, Brunick’s Service $2.45. 292-19 Alderman Price moved approval of the low quote of Brunick’s Service on Items 1, 3 & 4 and Stern Oil on Item 2. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported on the two city open houses this week: Fire / EMS Department will have an open house on Wednesday night, October 9th from 5:30 p.m. to 7:00 p.m. at the main station on N. Dakota Street. They will have the “Drive a Ford” event again this year with the proceeds going to the Fire Department. John noted that there will be free food and activities for the kids. Vermillion Light & Power will have their annual Open House on Thursday, October 10th from 11:00 a.m. to 1:00 p.m. at the Service Center – 115 W. Duke Street. John invited citizens to stop by for a free lunch, enter drawings, and learn more about how public power serves our community. B. John reported that City offices will be closed next Monday, October 14th for Native American Day. C. John reported on the receipt of the following raffle notification: USD’s Panhellenic Council will be selling $15 raffle tickets from September 23 to October 19, 2019. The prize is a USD parking pass valued at $150. Money raised will go to the Circle of Sisterhood Foundation to build a school in an undeveloped country. Dakota Hospital Foundation will be selling an arm span of raffle tickets for $20 during their Holiday Décor Auction in the Muenster University Center ballroom on Tuesday, November 26th from 5:00 p.m. to 8:00 p.m. Prizes are gift baskets ranging in value from $50 to $150.Proceeds from the raffle will be used for their efforts to generate funds to upgrade to 3D mammography at Sanford 12 Vermillion. St. Agnes will be selling $1 raffle tickets for their Fall Festival from September 29 to October 21, 2019. Prizes are donated by parishioners and range in value from $50 to $500. Proceeds from the raffle will go to St. Agnes Church and School. PAYROLL ADDITIONS AND CHANGES Ambulance: Kassie Wicherski $10.00/hr-$10.00/training hr-$15.00/holiday hr; Recreation: Aliyah Jackson $9.25/hr; Golf Clubhouse: Jordan Hiser $9.25/hr 11. Invoices Payable 293-19 Alderman Price moved approval of the following invoices: A-1 Portable Toilets portable toilet rental 480.00 Adapco, Inc supplies 1,555.20 Adidas America, Inc merchandise 60.00 American Public Work Assoc membership 680.00 Anthony Iverson gym membership reimbursement 186.38 Appeara shop towels 90.00 Aramark Uniform Services uniform cleaning 377.12 Argus Leader Media #1085 subscription 28.00 Avera Occupational Medicine testing 63.55 Banner Associates, Inc professional services 6,232.75 Bibliotheca LLC security detection system 22,335.28 Bierschbach Eqpt & Supply supplies 3,420.06 Big State Industrial Supply supplies 340.00 Black Clover Enterprises merchandise 116.29 Blackstone Publishing books 150.00 Blake Carver web hosting 120.00 Blick Art Materials supplies 170.21 Bomgaars brome seed 112.50 Border States Elec Supply parts/work shirts/pants 3,722.41 Bound Tree Medical, LLC supplies 1,737.83 Brookings Firefighter Assoc registration 80.00 Butler Machinery Co. parts/repairs 4,880.12 Callaway Golf merchandise 139.13 Campbell Supply supplies 1,908.00 Carroll Construction Supply supplies 1,281.55 Cask & Cork merchandise 2,347.90 13 Century Business Products copier contract/copies 196.75 Centurylink telephone 718.89 Chesterman Co merchandise 1,026.72 City Of Vermillion copies/postage 1,347.10 City Of Vermillion utility bills 45,810.27 Clay Co. Conservation Dist trees 510.00 Co2 Systems, Inc inspection/evaluation 2,747.40 Coffee King, Inc supplies 62.75 Colonial Life Acc Ins. insurance 3,056.41 Core & Main LP supplies 703.51 Coyote Rentals water heater/wiring rebate 200.00 Crouch Recreation dog park improvements 5,957.00 D-P Tools supplies 19.95 Dakota Beverage merchandise 10,670.92 Dakota Fluid Power Inc parts 620.81 Dakota Pc Warehouse computer/supplies/parts 688.94 Dakota Rock Farms haul leachate 15,000.00 Danko Emergency Equipment repairs 1,881.16 Davis Pharmacy supplies 103.24 Delta Dental Plan insurance 6,482.40 Demco supplies 113.71 Dennis Martens maintenance 833.34 Diamond Vogel Paints parts/white traffic paint 2,408.92 Division Of Motor Vehicle title/plates 15.00 Dorsey & Whitney bond counsel elec refunding 19,500.00 Dubois Chemicals soda ash 14,564.00 Earthgrains Baking Co's Inc supplies 151.50 Echo Electric Supply supplies 299.77 Electric Pump, Inc lift station flowmeter 43,073.79 Electronic Engineering repairs 152.40 Energy Laboratories testing 2,795.00 Engraver's Edge nametags 44.75 Erickson Solutions Group cloud mgmt license 313.00 Farmer Brothers Co. supplies 76.85 Farner Bocken Company merchandise 1,275.26 Fastenal Company supplies 102.21 Fire Catt, LLC fire hose/ladder testing 3,040.75 First National Wealth Mgmt trustee fee 2,000.00 Foreman Media council mtg 268.00 Gale books 371.12 Garys Tree Service, Inc stump grinding 102.00 Geargrid Corp back board racks 123.00 Global Dist. merchandise 284.56 14 Global Equipment Company library coffee system 1,122.05 Graham Tire repairs 284.45 Graymont Capital Inc chemicals 8,157.56 Gregg Peters rent 937.50 Hartington Tree LLC spruce trees 200.00 Hauger Lawn Service mowing 132.00 Helms & Associates professional services 3,269.28 Henkin Schultz logo concept/design 1,578.32 Herc-U-Lift repairs 275.35 Herren-Schempp Building materials 4,003.01 High Point Networks e911 maintenance 182.50 Hoa Solutions, Inc repairs 787.50 Hy Vee Food Store supplies 698.16 In Control, Inc soda ash control system 14,700.00 Ingram books 3,385.95 International Public Mgmt Assoc membership 79.00 Jacks Uniform & Eqpt uniform 1,218.68 Jay's Plumbing armory repairs 5,507.50 John A Conkling Dist. merchandise 3,632.60 Johnsen Heating & Cooling repairs 492.40 Johnson Brothers Of Sd merchandise 23,903.82 Johnson Electric install load mgmt 150.00 Johnstone Supply filters 332.62 Jones Food Center supplies 1,027.77 Jose Dominguez meals reimbursement 194.00 K & M Tire repairs 138.61 Kairoi, Inc annual maintenance 250.00 Kalins Indoor Comfort housing rehab program 2,835.00 Karsten Mfg Corp merchandise 160.11 Knife River Midwest, LLC asphalt 1,592.19 Knoepfler Chevrolet repairs 981.79 Leisure Lawn Care fertilizer/weed control 107.00 Liberty Tire Recycling LLC tire disposal 29,548.35 Library Ideas books 45.53 Locators And Supplies, Inc repairs 857.77 M & M Construction LLC sidewalk/misc concrete 41,346.22 Malloy Electric parts 1,799.35 Mark Milbrodt safety boots reimbursement 89.88 Mart Auto Body towing/repairs 1,909.75 Mary Wellman refund rec fees 30.00 Masonry Components Inc Anderson street improvements 44,070.52 Matheson Tri-Gas, Inc cylinder rental/oxygen 1,002.92 Matthew Bender & Co, Inc books 110.43 15 Mead Lumber rebar 7.99 Medical Waste Transport, Inc haul medical waste 217.51 Meredith Books books 36.11 Merrick Industries parts 8,425.67 Midwest Alarm Co alarm monitoring 231.75 Midwest Ready Mix & Equipment rock/flowable fill 1,858.64 Midwest Turf & Irrigation parts 184.43 Mobotrex Mobility & Traffic repairs 719.50 Moore Welding & Mfg repairs 36.67 Mowbility Sales & Services parts 325.55 MSC Industrial Supply Co supplies 470.67 Musco Sports Lighting, LLC baseball lighting replacement 8,304.00 NCL Of Wisconsin, Inc chemicals 746.73 Netsys+ professional services 2,658.50 Nursery Wholesalers Inc trees Prentis park 3,826.00 O'Reilly Auto Parts parts 317.52 Odeys Inc field maintenance equipment 8,750.09 Office Of Fire Marshal boiler inspection 60.00 Overhead Door Of Sioux City parts 17.10 PCC, Inc commission 2,176.81 Pet Waste Eliminator supplies 280.08 Pitney Bowes postage meter lease 289.71 PKG Contracting, Inc wwtf digester improvements 45,595.90 Pollman Excavation gravel 1,641.31 Pomps Tire Service, Inc. repairs 37.00 Pressing Matters supplies 512.00 Presto-X-Company inspection/treatment 115.00 Pro-Tainer parts 514.72 Prochem Dynamics supplies 772.64 Property Maintenance Service mowing 489.25 Pump N Pak fuel 13.41 Quality Motors alignment 77.25 Quill supplies 773.27 Racom Corporation maintenance 931.92 Ragnasoft, Inc subscription 1,225.00 Reams Sprinkler Supply parts 280.16 Recorded Books, Inc books 532.10 Recovery Systems Co, Inc parts 1,022.37 Redi Towing towing 150.00 Republic National Distributing merchandise 36,288.86 RESCO supplies 85.20 Sanford Health Occupational professional services 211.00 Sanford Health Plan participation fee 57.00 16 Sanford USD Medical Center supplies 43.11 Sanitation Products Inc parts 715.85 Scantron Corporation printer ribbons 131.30 School Outfitters headphones/supplies 615.76 Schumacher Lube supplies 732.36 SD Arborists Association registration 100.00 SD Assoc. Of Rural Wtr Sys annual dues 1,225.00 SD Dept Of Health testing 150.00 SD Dept Of Public Safety teletype service 3,090.00 SD Municipal League registration 100.00 SD Retirement System contributions 58,670.98 SD State Historical Society books 80.00 Service Master Of Se SD custodial 3,409.68 Sign Pro police car graphics 840.00 Sirchie Finger Print Labor evidence bags 108.93 Sooland Bobcat parts 1,136.50 Southern Glazer's Of SD merchandise 7,279.92 Special T's And More work t-shirts 152.50 St. Andrews Products Co supplies 626.04 Still 173 LLC merchandise 177.00 Storey Kenworthy/Matt Parrot disconnect notices 714.34 Sturdevants Auto Parts parts/supplies 1,360.37 Swanson Flo parts 582.72 Syncb/Amazon books/dvds/supplies 1,323.80 Taste Of Home Books books 44.98 The Equalizer advertising 175.00 The Ups Store #6751 shipping 621.40 Titleist-Acushnet Company merchandise 2,142.68 Todd Mockler safety boots reimbursement 100.00 Tyler Technologies registration 250.00 United Accounts Inc garnishment 1,762.56 United Laboratories supplies 338.84 United Way contributions 678.00 Unum Life Insurance Company insurance 1,438.13 Utility Equipment Co. parts 202.97 Vast Broadband dialup/911 circuit 1,415.45 Verizon Wireless cell phones/ipad access 2,175.11 Vermillion Ace Hardware supplies/parts 5,589.36 Vermillion Auto Works repairs 10,609.52 Vermillion Food Pantry contribution 5,000.00 Vermillion Ford ford explorer 35,695.00 Vermillion Youth Football online registration 2,605.27 Visa/First Bank & Trust fuel/lodging/supplies 6,653.66 17 Wal-Mart Community supplies 1,312.03 Walt's Homestyle Foods, Inc merchandise 184.00 Wesco Distribution, Inc supplies 2,930.25 Yamaha Motor Finance Corp golf cars/beverage unit lease 9,502.31 Yankton Fire & Safety repairs 120.00 Yankton Janitorial Supply supplies 199.00 Zee Medical Service supplies 259.34 Ziegler Inc repairs 1,849.95 Marc Guilford Bright Energy Rebate 9.00 Wheldon Foods Bright Energy Rebate 500.00 Burton Lawrensen Bright Energy Rebate 500.00 Kalins Indoor Comfort Bright Energy Rebate 200.00 Jay Butler Bright Energy Rebate 400.00 Curt Cameron Bright Energy Rebate 500.00 Jesse Haksgaard Bright Energy Rebate 250.00 Alderman Hellwege seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 294-19 Alderman Ward moved to adjourn the Council Meeting at 7:26 p.m. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of October, 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 ___________. 18 6. Public Hearing; item a Council Agenda Memo From: Shane Griese, Utility Manager Meeting: October 21, 2019 Subject: Resolution Adopting Resolution of Necessity for Installation of Street Lighting along West Main Street west of Stanford Street Presenter: Shane Griese Background: In 2017 staff received a request for street lighting along West Main Street west of Stanford Street; a petition was drawn up and distributed to the requesting party at that time. In August of 2019, staff received a signed petition for the improvement with the necessary amount of signatures. At the September 16, 2019 City Council meeting, a Resolution of Necessity and Notice of Hearing setting the public hearing for the October 21, 2019 regularly scheduled City Council meeting was approved. Discussion: The property owners were notified by mail and the notice of hearing has been published in the Plain Talk. Following the completion of the project by the City-hired contractor, the City Council will adopt a resolution approving the special assessment roll with any added adjustment in the amounts. Financial Consideration: The City has not budgeted for this improvement which we anticipate to be completed in 2020. The budget will need to be revised to account for this project during the 2020 budget revision session. 6. Public Hearing; item a The 2017 estimated cost for the project is $10,422.50. This figure includes the eight percent (8%) administrative fee. Following completion of the project the special assessment roll will be calculated with assessment over ten (10) years at ten percent (10%) interest on the actual project costs. A notice of hearing on the special assessment roll will be adopted setting a public hearing with notice provided to all property owners. After adoption of the special assessment roll the property owners will have 30 days to pay the assessment without interest. Assessments unpaid will be certified to the County Treasurer to be included with property tax statements. Conclusion/Recommendations: Administration recommends adoption of the Resolution of Necessity for installation of Street Lighting along West Main Street west of Stanford Street. RESOLUTION ADOPTING RESOLUTION OF NECESSITY FOR INSTALLATION OF STREET LIGHTING ALONG WEST MAIN STREET WEST OF STANFORD STREET BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 21st day of October, 2019, that the necessity has arisen for the construction of street lighting along the parcels of land hereinafter named, viz: AFFECTED PARCEL AFFECTED ADDRESS AFFECTED LEGAL DESCRIPTION NUMBER 1200 W. Main LOT 5, BLK 1 BLISS 2ND ADDN 15091-00100-050-00 LOT 1 & 2, BLK 1, EXC LOT H1 BLISS 1201 W. Main ADDN 15090-00100-020-00 1310 W. Main LOT 4, BLK 1, BLISS 2ND ADDN 15091-00100-040-00 1317 W. Main LOT 12, BLK6, BLISS POINTE ADDN 15093-00600-000-00 1324 W. Main LOT 3, BLK 1, BLISS 2ND ADDN 15091-00100-030-00 1411 W. Main LOT 13, BLK 6, BLISS POINTE ADDN 15093-00600-130-00 1412 W. Main LOT 2, BLK 1, BLISS 2ND ADDN 15091-00100-020-00 1500 W. Main LOT1, BLK 1, BLISS 2ND ADDN 15091-00100-010-00 in the City of Vermillion, South Dakota, all as mentioned in a Resolution of Necessity adopted by the Governing Body on the 16th day of September, 2019 is approved and that the Engineer shall proceed with the work in the manner provided by law. Dated at Vermillion, South Dakota this 21st day of October, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By________________________________ John E. (Jack) Powell, Mayor ATTEST: By____________________________________ Michael D. Carlson, Finance Officer 8. New Business; item a Council Agenda Memo From: James Purdy, Assistant City Manager Meeting: October 21, 2019 Subject: Resolution of Intent to set a public hearing for December 2, 2019 for Business Improvement District #2 Presenter: James Purdy Background: The City Council and the Business Improvement District (BID) #2 Board of Directors have been discussing an infrastructure project commonly referenced as the Downtown Streetscape Project for the last couple of years. BID Board #2 has had several meetings over the last year to develop a plan and a proposed funding mechanism. After two public meetings and multiple discussions with downtown property owners, the Board believes that the project has the necessary public support to move forward. The BID Board presented a plan the City Council accepted at the October 7, 2019 City Council meeting. Discussion: The BID Board proposes the following estimated cost breakdown (based on a 2016 conceptual plan) for the public improvements within the proposed district: $2,450,000. This cost would be split between the City and the owners of taxable property within the business improvement district at a rate of 82:18. The property owner’s portion of the project cost would be paid in the form of an assessment. The assessment would be based on actual project costs, and implemented after the project has been completed. The assessment would be 18% of the total cost of the projected divided equally amongst property owners of two different areas (with two different rates) within the BID. The assessment shall be payable in ten equal annual installments. At the July 29th public meeting, downtown property owners in attendance voted on several assessment options, and this formula was the overwhelming choice. With the City Council supportive of the plan as presented, tonight’s item is to establish a Resolution of Intent. The attached Resolution sets a public hearing of December 2, 2019 for the 1st reading of the Ordinance that would establish the BID #2. The Resolution will then be mailed to the owners of taxable property at least 30 days prior to the public meeting. Following the adoption of the Ordinance after the second reading, the Ordinance will go into effect 20 days after publication. Once the Ordinance is in effect, the BID Board can begin the process of hiring a consultant for construction. 8. New Business; item a Financial Consideration: The City would utilize funds from several different lines to support and fund the project. After the project is completed, the City would begin implementing the assessments. Conclusion/Recommendations: Administration recommends the City Council approve the resolution of intent to set a public hearing for December 2, 2019 for the establishment of Business Improvement District #2. RESOLUTION PROVIDING A NOTICE OF INTENT TO ADOPT AN ORDINANCE TO CREATE BUSINESS IMPROVEMENT DISTRICT #2 WHEREAS, the proposed boundaries of a Business Improvement District were established by a Resolution adopted on April 16, 2018; and WHEREAS, the City Council has appointed a Business Improvement Board of Directors and adopted bylaws for the Board; and WHEREAS, the Business Improvement Board has submitted a report recommending that a business improvement district be created and a plan for improvements of the business area; and WHEREAS, the City Council has approved the Plan and uses of funds collected through the Business Improvement District; and WHEREAS, a resolution of intent is required prior to the creation of Business Improvement District #2. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Vermillion, South Dakota that: 1.The boundaries of Business Improvement District #2 are defined as follows: Beginning at the intersection of the centerlines of 12th Street and Kidder Street; then north along the centerline of 12th Street for 582-feet to the intersection with the centerline of the east-west alley in Block 39 of Snyder’s Addition; then east along the centerline of the east- west alley in Block 39 of Snyder’s Addition to the intersection with the centerline of Franklin Street; then north along the centerline Franklin Street for 2-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 38 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 38 of Snyder’s Addition for 24-feet; then east for 192-feet to the intersection with the centerline of Washington Street; then north along the centerline of Washington Street for 374-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 42 of Snyder’s Addition; then south along the north-south alley in Block 42 of Snyder’s Addition for 165-feet to the intersection with the centerline of West National Street; then east along the centerline of West National Street for 200-feet to the intersection with the centerline of High Street; then south along the centerline of High Street for 121-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 36 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 36 of Snyder’s Addition for 44-feet; then east for 200-feet to the intersection with the centerline of Prospect Street; then north along the centerline of Prospect Street for 66-feet; then east for 200-feet to the intersection with the centerline of the north-south alley in Block 35 of Snyder’s Addition; then north along the centerline of the north-south alley in Block 35 of Snyder’s Addition for 220-feet; then east for 200-feet to the intersection with the centerline of Center Street; then south along the centerline of Center Street for 121-feet to the intersection with the centerline of East National Street; then east along the centerline of East National Street for 130-feet; then north for 121-feet; then east for 70-feet to the intersection with the centerline of the north-south alley in Block 45 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 45 of Snyder’s Addition to the intersection with the centerline of East National Street; then east along the centerline of East National Street for 197.5-feet to the intersection with the centerline of Elm Street; then south along the centerline of Elm Street for 99-feet; then east for 180.5-feet to the intersection with the centerline of the north-south alley in Block 33 of Snyder’s Addition; then south along the centerline of the north-south alley in Block 33 of Snyder’s Addition for 120-feet to the intersection of the vacated east-west alley in Block 33 of Snyder’s Addition; then east along the centerline of the vacated east-west alley in Block 33 of Snyder’s Addition for 183-feet to the intersection with the centerline of North Dakota Street; then north along the centerline of North Dakota Street for 35-feet to the intersection with the centerline of the east-west alley in Block 61 of Bigelow’s Addition; then east along the centerline of the east-west alley in Block 61 of Bigelow’s Addition for 200-feet to the intersection with the centerline of the north-south alley in Block 61 of Bigelow’s Addition; then south along the centerline of the north-south alley in Block 61 of Bigelow’s Addition for 189-feet to the intersection with the centerline of East Main Street; then east along the centerline of East Main Street for 25-feet to the intersection with the centerline of Forest Avenue; then south along the centerline of Forest Avenue for 188-feet to the intersection with the centerline of the vacated east-west alley in Block 73 of Smith’s Addition; then west along the centerline of the vacated east-west alley in Block 73 of Smith’s Addition for 225- feet to the intersection with the centerline of South Dakota Street; then north along the centerline of South Dakota Street for 96-feet; then west for 81-feet; then south for 132-feet; then west for 105.5-feet to the intersection with the centerline of the north-south alley in Block 26 of Original Vermillion; then south along the centerline of the north-south alley in Block 26 of Original Vermillion for 212-feet to the intersection with the south right-of-way line of the vacated Kidder Street; then east along the south right-of-way line of the vacated Kidder Street for 241-feet to the intersection with the centerline of South Dakota Street; then south along the centerline of South Dakota Street for 220-feet; then southwest to the intersection with the centerline of the vacated Bloomingdale Street for 128-feet south and 81-feet west; then west along the centerline of the vacated Bloomingdale Street for 360-feet to the intersection with the centerline of Church Street; then north along the centerline of Church Street for 388-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 400-feet to the intersection with the centerline of Court Street; then south along the centerline of Court Street for 172-feet; then west for 200- feet to the intersection with the centerline of the north-south alley in Block 23 of Original Vermillion; then south along the centerline of the north-south alley in Block 23 of Original Vermillion for 216-feet to the intersection with the centerline of Bloomingdale Street; then west along the centerline of Bloomingdale Street for 410-feet to the intersection with the centerline of the north-south alley in Block 22 of Original Vermillion; then north along the centerline of the north-south alley in Block 22 of Original Vermillion for 388-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 600-feet to the intersection with the centerline of Luxemburg Street; then north along the centerline of Luxemburg Street for 106-feet; then west for 200-feet to the intersection with centerline of the north-south alley in Block 31 of Original Vermillion; then south along the centerline of the north-south alley in Block 31 of Original Vermillion for 106-feet to the intersection with the centerline of Kidder Street; then west along the centerline of Kidder Street for 200-feet to the intersection with the centerline of 12th Street being the point of beginning. 2.The BID Board finds that the City Council concurs with dividing the business improvement district into two areas, Area A and Area B. Area A is described as an area encompassing the following parcels: Lots 1 and 2 and West 10-feet of Lot 3 and North half of vacated alley and North 99.5-feet of Lots 4, 5, and 6 and North 99.5-feet of East 15-feet of Lot 3 and Part of South Dakota Street commencing 34-feet at the Northwest of Lot 1 then West 5-feet then South 66-feet then 5-feet then 66-feet to point of beginning; and, the West 41-feet of vacated Dakota Street abutting Lot 1 and East 18-feet of Lot 1 Block 26, Original Town; and, East 29.5-feet of West 95.5-feet of Lots 2, 3 and 4 and East 66-feet of West 132-feet of Lot 1, Block 26, Original Town; and, East 15-feet of West 66-feet of Lots 1, 2, 3 and 4, Block 26, Original Town; and, East 20-feet of West 51-feet of Lots 1, 2, 3, and 4, Block 26, Original Town; and, West 31-feet of Lots 1, 2, 3, and 4, Block 26, Original Town; and, Lots 15, 16, and 17, Block 26, Replat of Lots 13 and 14, Original Town; and, and, Lots 8, 9, 10, 11 and 12, Block 26, Original Town; and, Block 27, Original Town; and, Block 28, Original Town; and, Lots 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13, Block 29, Original Town; and, Lot A, Block 29, Original Town; and, Lot 24, Block 36, Snyders Addition; and, Lot HD-1 Lot 15, Block 35, Snyders Addition; and, West 25-feet of Lot 15 excluding Lot HD-1, Block 35, Snyders Addition; and, East 25-feet of Lot 15, Block 35, Snyders Addition; and, Lots 16 through 25, including all the vacated alley between lots 19 and 20, Block 35, Snyders Addition; and, Lot 15A, Block 34, Snyders Addition; and, Lot 16A, Block 34, Snyders Addition; and, Lots 17 through 23, Block 34, Snyders Addition; and, Lots 15 through 19, Block 33, Snyders Addition; and, Lot 18A, Block 33, Snyders Addition; and, West 11-feet of Lot 20, Block 33, Snyders Addition; and, East 15-feet of South 90-feet of Lot 20 and Lots 21 through 25, Block 33, Snyders Addition; and, Lots 20 through 25 excluding West 11-feet of Lot 20 and excluding South 90-feet of Lots 20 through 25, Block 33, and Track of land 50-feet East and West by 20-feet North and South excluding West 7-feet of said tract, Snyders Addition. Area B is described as the land outside of Area A, but within the boundary of the business improvement district no. 2. 3.A public hearing shall be held before the Governing Body of the City of Vermillion, South Dakota on the 2nd day of December, 2019 at 7:00 p.m. in the City Council Chambers of City Hall at 25 Center Street to consider the creation of Business Improvement District #2. 4.The BID Board finds and the City Council concurred that there is a need to fund a project that would renovate the Central Business District of the City of Vermillion, and that the project could be paid partially through funds generated by the Business Improvement District #2. 5.Eligible expenses may include: removal and reconstruction of sidewalks, removal and reconstruction of street pavement, removal and reconstruction of curb and gutter, construction of landscaping features, signage, street lighting, landscaping, storm sewer improvements, and the necessary staff to execute these efforts. 6.The following costs are estimated for the public improvements within the proposed district: $2,450,000. This cost would be split between the City and the owners of taxable property within the business improvement district at a rate of 82:18. Furthermore the owners within Area A will pay a yearly amount of 0.162 times the total cost of the project divided by 69. The owners within Area B will pay a yearly amount of 0.018 time the total cost of the project divided by 23. 7.The assessment shall be payable in ten equal annual installments. 8.Any grants and donations to the project shall be deducted from the total cost of the project prior to the cost being divided amongst the owners of Area A or Area B. 9.The Finance Officer shall cause a notice of public hearing for the creation of the proposed business improvement district to be mailed to each property owner of taxable property in the district at least thirty (30) days prior to the public hearing. Dated at Vermillion, South Dakota this 21st day of October, 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 8. New Business; item b Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: October 21, 2019 Subject Final Plat of Lots 1 and 2 in Block 7 Brooks Industrial Park Addition to the City of Vermillion, Clay County, South Dakota Presenter: Jose Dominguez Background: Banner Associates has submitted a final plat on behalf of the owner. The area to be final platted consists of roughly 9.3-acres. The area is located on the south side of SD Highway 50 Bypass directly west of Commerce Street. The owner is platting this area into two lots (4.9-acres and 4.4-acres). This plat was reviewed by the Planning and Zoning Commission at their October 15th meeting. At that meeting the Planning Commission unanimously recommended approval of the final plat to the City Council. Discussion: Staff has reviewed the final plat and finds that it complies with all code provisions. The applicant will also be dedicating all of the required utility easements around the lot. It should be noted that the large 66-foot easement bisecting Lot 1 and 2 could be turned into a public right-of-way and used to construct a public road. Access to the properties off this easement will not be granted until the right-of-way is acquired by the City. Financial Consideration: The platting fee has been paid by the applicant. Conclusion/Recommendations: Staff finds that the final plat meets all of the ordinance requirements and recommends approval of the final plat. 8. New Business; item c Council Agenda Memo From: José Domínguez, City Engineer Meeting: October 21, 2019 Subject: Resolution Authorizing the Purchase of a Mower for the Bluffs Golf Course Presenter: José Domínguez Background: At the 2019 budget sessions, the City Council reviewed the 2020 equipment replacement schedule. As part of the 2020 equipment replacement schedule, the Bluffs Golf Course 2011 Toro Greensmaster 3150 was scheduled for replacement. Discussion: Administration would like to take advantage of an attractive National IPA bid from the Toro Company. If the resolution to place the order is approved by the City Council, the item would not be received or paid for until the 2020 budget year. The total bid for a 2020 Greensmaster 3300 TriFlex with all new accessories and blades is $46,724.00. The Toro Company participating distributor for South Dakota is Midwest Turf & Irrigation of Omaha, Nebraska. Financial Consideration: The 2020 Equipment Replacement Fund includes a budget of $42,000 for this purchase. Staff will be approaching other golf courses in the area to see if there is interest in purchasing the 2011 Toro Greensmaster 3150. If there is, Staff will approach City Council to declare the 2011 mower surplus and sell it to a golf course. Otherwise, Staff did receive a trade-in value of $6,500 for the 2011 mower from Midwest Turf & Irrigation of Omaha. Conclusion/Recommendations: Administration recommends approving the resolution to purchase a 2020 Toro Greensmaster 3300 TriFlex with all new accessories and blades from Midwest Turf & Irrigation of Omaha for the price of $46,724.00. This does not include trading-in the City’s 2011 Toro Greensmaster 3150 at this time. RESOLUTION AUTHORIZING THE PURCHASE OF A MOWER FOR THE BLUFFS GOLF COURSE 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 National Intergovernmental Purchasing Alliance (National IPA) for a mower, accessories and blades from Midwest Turf & Irrigation of Omaha for the amount of $46,724.00 offers an advantageous price to the City for said item; and WHEREAS, the City of Vermillion would receive the delivery of the equipment after January 1, 2020 and no later than March 31, 2020. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota that the City Manager or the City’s Finance Officer is hereby authorized to purchase a new 2020 Toro Greensmaster 3300 TriFlex with accessories and blades from Midwest Turf & Irrigation of Omaha, of Omaha, Nebraska for a price of $46,724.00. Dated at Vermillion, South Dakota this 21st day of October, 2019. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By John E. (Jack) Powell, Mayor ATTEST: By Michael D. Carlson, Finance Officer 8. New Business; item d Council Agenda Memo From: James Purdy, Assistant City Manager Meeting: October 21, 2019 Subject: Declare Landfill Dump Truck Surplus Presenter: James Purdy Background: The Solid Waste Department has a dump truck used to carry bales from the baler building to be placed in the landfill. In 2015 the City purchased a 1998 Ford dump truck with 195,000 miles on it to perform this task. Approximately two weeks ago the engine in the truck blew up, and would need to be rebuilt. The truck needs to be repaired or replaced as soon as possible in order for the work at the landfill to continue. The equipment before the City Council to be considered as declared surplus consists of: YEAR PROPOSED DEPARMENT PURCHASED EQUIPMENT APPRAISED VALUE Solid Waste 2015 1998 Ford Conventional H Truck $3,800 Discussion: Staff requests the City Council to declare the above-mentioned equipment surplus and have the Surplus Property Appraisal Committee meet to appraise the equipment. Staff recommends appraising the equipment as proposed on the table above. Staff has researched the value of the equipment and found that a similar truck, with a working engine, can be appraised for about $20,000. However, rebuilding the engine on the landfill’s current truck would cost close to $30,000. Staff agrees that the proposed appraised value will garner interest for bidders looking for a parts truck. The vehicle will be advertised and sold to the highest bidder. Financial Consideration: Sale proceeds from the equipment will go to the Joint Powers Fund. Conclusion/Recommendations: Administration recommends declaring the above listed equipment as surplus and moving forward with an appraisal by the Surplus Property Appraisal Committee for the equipment. 9. Bid Openings; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: October 21, 2019 Subject: Sale of Surplus Equipment and Vehicles Presenter: Jose Dominguez Background: All of the vehicles being sold through sealed bids were either replaced during the 2019 budget year, or were scheduled for retirement from the City fleet. At the October 7th City Council meeting, the Council approved the sale of several vehicles. However, a 2002 Chevrolet 2500 with a dump bed was not sold as a bid had not been submitted. Staff continued advertising the vehicle to see if it could be sold prior to the City’s spring auction. Discussion: The Surplus Property Committee of the City Council appraised the vehicle as follows: Vehicle/Equipment Appraised Value 2002 Chevrolet 2500 Utility Truck w/ Dump Bed $2,800 The City received a bid for the 2002 Chevrolet 2500 with a dump bed on October 18th. The bid was from Bensen Lawn Care of Maskell, NE, for $2,520.00. This bid meets the required 90% of the appraised value. Financial Consideration: The revenue from the sale of the surplus equipment will be placed in the Equipment Replacement Fund. Conclusion/Recommendations: Administration recommends awarding the sale of the 2002 Chevrolet 2500 with a dump bed to Bensen Lawn Care for $2,520. CITY OF VERMILLION INVOICES PAYABLE-OCTOBER 21, 2019 1 RICH HOLLAND MILEAGE REIMBURSEMENT 230.58 2 A-1 PORTABLE TOILETS PORTABLE TOILET RENTAL 240.00 3 AQUA-PURE INC CHEMICALS 4,840.00 4 AT&T MOBILITY MOBILE HOT SPOTS 428.97 5 BROADCASTER PRESS ADVERTISING 1,655.31 6 BUHL'S CLEANERS MAT/MOP SERVICE 715.48 7 BUREAU OF ADMINISTRATION TELEPHONE 249.41 8 CAMPBELL SUPPLY SUPPLIES 230.31 9 CENTURYLINK TELEPHONE 1,592.27 10 CITY OF VERMILLION LANDFILL VOUCHERS 384.00 11 CLAIMS ASSOCIATES, INC PROFESSIONAL SERVICES 5,000.00 12 CLAY RURAL WATER SYSTEM WATER USAGE 165.00 13 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,429.09 14 DAKOTA BEVERAGE MERCHANDISE 13,541.43 15 DANIEL BURNISTON MEALS REIMBURSEMENT 41.00 16 DEPT OF ENVIRONMENT & NATURAL RESOURCES SWMP LOAN PAYMENT 14,338.54 17 DIVISION OF MOTOR VEHICLE TITLE/PLATES 15.00 18 GIRARD AUCTION & LAND BROK TANDEM AXLE DUMP TRUCK 24,282.50 19 GLOBAL DIST. MERCHANDISE 352.00 20 GREGG PETERS MANAGERS FEES/QTR PROFIT 35,514.24 21 JENNIFER HOLTHE SAFETY BOOTS REIMBURSEMENT 100.00 22 JOHN A CONKLING DIST. MERCHANDISE 6,401.25 23 JOHNSON BROTHERS OF SD MERCHANDISE 18,922.96 24 JONES FOOD CENTER SUPPLIES 329.69 25 JUSTIN MCGREGOR HOUSING REHABILITATION 2,385.92 26 KARIAN PETERSON CONTRACTING POLE REPLACEMENT 13,268.25 27 KARSTEN MFG CORP MERCHANDISE 374.53 28 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,180.00 29 MCCULLOCH LAW OFFICE PROFESSIONAL SERVICES 1,919.00 30 MIDAMERICAN GAS USAGE 1,422.28 31 MIDCONTINENT COMMUNICATION CABLE/INTERNET SERVICE 746.57 32 PIZZA RANCH POOL PARTIES-PIZZA 357.03 33 REPUBLIC NATIONAL DIST. MERCHANDISE 17,109.60 34 SD DENR LANDFILL OPERATIONS FEE 3,833.83 35 SD PUBLIC ASSURANCE ALLIANCE TRUCK INSURANCE 585.32 36 SOUTHERN GLAZER'S OF SD MERCHANDISE 3,476.12 37 STAPLES BUSINESS CREDIT SUPPLIES 1,905.11 38 STERN OIL CO. FUEL 13,750.46 39 THE GROWLER STATION, INC LICENSING/MAINTENANCE FEE 749.97 40 TITLEIST-ACUSHNET COMPANY MERCHANDISE 233.21 41 UNITED PARCEL SERVICE SHIPPING 47.45 42 US BANK ST. PAUL GO POOL BOND 159,877.50 43 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,000.00 44 VERMILLION AREA COMMUNITY FOUNDATION ROUND-UP PROGRAM 264.83 45 VERMILLION CHAMBER OF COMMERCE FUNDING 62,500.00 46 VERMILLION ROTARY CLUB DUES/MEALS 134.25 47 WASTE MANAGEMENT OF WI-MN WASTE HAULING 1,450.32 48 YAMAHA MOTOR FINANCE CORP GOLF CARS/BEVERAGE UNIT LEASE 6,622.61 GRAND TOTAL $426,193.19

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