City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · December 16, 2019
Minutes
Unapproved Minutes
Council Special Session
December 16, 2019
Monday 12:00 noon
The special session of the City Council, City of Vermillion, South Dakota
was held on Monday, December 16, 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. Police Department awards – Chief Matt Betzen
Matt Betzen, Police Chief, stated that is was his pleasure to present
the Police Department awards. Matt presented the Officer of the Year
award to Officer Andrew Delgado and the Department First Award to the
team of Sargent Ryan Hough, Officer Anthoney Klunder and Officer Jessica
Newman. Mayor Powell and the City Council thanked the officers.
4. Informational Session – Sustainability in Vermillion report - Faith
Ireland
Faith Ireland, Administrative Intern, presented her report on
Sustainability in Vermillion. Faith noted that her report information is
based on the research conducted in 2018-2019. Faith stated that the
report would support the implementation of a Social & Environmental
Sustainability Plan for 2020-2025. Faith reviewed the projected benefits
of adopting such a plan and made suggestions for future improvements in
sustainability. Faith answered questions of the City Council on her
presentation.
5. Educational Session – City employment policies
James Purdy, Assistant City Manager, reviewed city employment policies
as it applied to Diversity and Inclusion Practices in use in the city.
James reviewed inclusion in recruiting and hiring practices including
policies for current city employees.
Alderman Ward left the meeting at 12:54 p.m.
James reviewed ideas for future updates to the city personnel and
employment policies. James answered questions of the City Council.
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6. Briefing on the December 16, 2019 City Council Regular Meeting
Council reviewed items on the agenda with City staff. No action was
taken.
7. Adjourn
351-19
Alderman Price moved to adjourn the Council special session at 1:03 p.m.
Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor
Powell declared the motion adopted.
Dated at Vermillion, South Dakota this 16th day of December, 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
December 16, 2019
Monday 7:00 p.m.
The regular session of the City Council, City of Vermillion, South Dakota
was called to order on Monday, December 16, 2019 at 7:00 p.m. by Mayor
Powell.
1. Roll Call
Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen,
Ward, Willson, Mayor Powell
2. Pledge of Allegiance
3. Minutes
A. Minutes of December 2, 2019 Special Meeting; December 2, 2019 Regular
Meeting
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352-19
Alderman Sorensen moved approval of the December 2, 2019 Special Meeting
and December 2, 2019 Regular Meeting minutes. Alderman Price seconded
the motion. Motion carried 9 to 0. Mayor Powell declared the motion
adopted.
4. Adoption of Agenda
353-19
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 - None
7. Old Business
A. Second Reading of Ordinance 1395 establishing Business Improvement
District #2 to complete streetscape improvements in the downtown business
as defined by Resolution
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 noted that the
eligible streetscape improvement expenses may include: removal and
reconstruction of sidewalks, removal and reconstruction of street
pavement as needed, removal and reconstruction of curb and gutter,
construction of landscaping features, signage, street lighting,
landscaping, storm sewer improvements, and necessary staffing for the
consultant to execute these efforts. James reported that the City does
not anticipate losing any public parking spaces to this project and may
see a net gain. James stated that a goal for the project design will be
to avoid any complete street closures during construction and the
consultant will be expected to find creative ways to limit the affect
the construction has on business operations. James reported that the BID
#2 Board is made up of four downtown business owners and one downtown
resident. James stated that a resolution establishing the boundaries of
BID #2 was passed on April 16, 2018. James noted that the BID #2 Board
has had several meetings over the last year to develop a plan and a
proposed funding mechanism. James noted that the Bid #2 Board has had
two public input meetings and multiple discussions with downtown property
owners. James reported that the BID #2 Board presented a plan that the
City Council accepted at the October 7, 2019 City Council meeting and
first reading of the ordinance was approved at the December 2, 2019
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meeting. James stated that the cost would be split between the City and
the owners of taxable property within the Business Improvement District
at a ratio of 82% paid by the City and 18% paid by the owners of taxable
property. James stated that the property owner’s portion of the project
cost would be paid in the form of a special assessment that will be based
on actual project costs minus any grants and donations, and implemented
in accordance with state statute. James noted that the special assessment
would be 18% of the total cost of the project divided amongst property
owners in two different areas (with two different rates) within the BID.
James stated that the special assessment shall be payable in ten equal
annual installments. James reviewed the estimated funding for the project
noting the actual amount of the special assessment will be calculated
after the project is completed. James recommended approval of second
reading of Ordinance No. 1395 Establishing Business Improvement District
#2 unless additional information is presented.
Paul Hasse, Vermillion Resident, questioned why all the sidewalks are
being replaced as not all need to be replaced. Paul stated that the
street light poles do not need to be replaced just the light fixtures as
the City has done in other areas of the city. Paul requested that the
diagonal parking spaces be made wider and the bump outs can be removed
to add parking and loading zones. Paul stated that the bump outs interfere
with semi-truck traffic. Paul was concerned about what might be found
when the sidewalks are removed by the old buildings. Paul asked the
Council to tour the area to inspect the sidewalks and street lights.
Paul questioned why the assessment was not made on front footage and
noted the ordinance is not needed in the downtown.
John Prescott, City Manager, noted that the street light poles have
reached the end of their life and need to be replaced. Jose Dominguez,
City Engineer, stated that the assessments are not on front footage but
on benefit and this is why the BID #2 Board divided the properties into
Area A and Area B based upon the benefit. Discussion followed.
354-19
Second reading of title to Ordinance No. 1395 entitled an Ordinance
Adding Chapter 122, which Establishes a Business Improvement District
No. 2 within the Municipal Limits of the City of Vermillion for the
Improvement of Public Facilities and Activities in the Central Business
District of the City of Vermillion, South Dakota.
Mayor Powell read the title to the above named Ordinance, and Alderman
Collier-Wise moved adoption of the following:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to the proposed Ordinance No. 1395 entitled An Ordinance Adding Chapter
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122, which Establishes a Business Improvement District No. 2 within the
Municipal Limits of the City of Vermillion for the Improvement of Public
Facilities and Activities in the Central Business District, was first
read and the Ordinance considered substantially in its present form and
content at a regularly called meeting of the Governing Body on the 2nd
day of December, 2019 and that the title was again read at this meeting,
being a regularly called meeting of the Governing Body on this 16th day
of December, 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 1395
AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI
BUSINESS REGULATIONS, BY ADDING CHAPTER 122, WHICH ESTABLISHES A BUSINESS
IMPROVEMENT DISTRICT NO. 2 WITHIN THE MUNICIPAL LIMITS OF THE CITY OF
VERMILLION FOR THE IMPROVEMENT OF PUBLIC FACILITIES AND ACTIVITIES IN
THE CENTRAL BUSINESS DISTRICT.
BE IT ORDAINED, by the Governing Body of the City of Vermillion, South
Dakota that there be established a Business Improvement District No. 2
for the improvement of public facilities and activities within such
district with the addition of Chapter 122 as follows:
122.01 Establishment of the district. Pursuant to the provisions of SDCL
Ch. 9-55, Business Improvement District No. 2 (BID #2) of the City of
Vermillion, S.D. is created. A resolution (No. 299-19) of intent to
create this district was approved by the City Council on October 21,
2019. The public hearing on creation of the district was held in the
City Council Chambers, located at 25 Center Street, Vermillion, South
Dakota at 7:00 p.m. on December 2, 2019.
122.02 Boundaries of the district. A resolution (No. 110-18) establishing
the boundaries of BID #2 was approved on April 16, 2018. It shall be a
contiguous district for properties zoned business or commercial within
the Central Business District of the City of Vermillion, specifically as
outlined below:
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
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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 A venue; then south along the centerline of
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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.
122.021 Division of district into two areas. The boundaries of BID #2
will further be divided 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
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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.
122.03 New properties within the district. Pursuant to the provisions of
SDCL 9-55, BID #2 may be amended to include new businesses constructed
or established within these boundaries.
122.04 Purpose of the district. BID#2 is created for the purpose of
funding a portion of the project that would renovate the Central Business
District (referred to as the Downtown Streetscape Project). The public
improvements may include: removal and reconstruction of sidewalks,
removal and reconstruction of street pavement as needed, removal and
reconstruction of curb and gutter, construction of landscaping features,
signage, street lighting, landscaping, storm sewer improvements, and
necessary staffing for the consultant to execute these efforts.
122.05 Funding. 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 funding and 18 percent BID #2 funds from a special
assessment imposed on the properties within the district. The rate of
special assessment will be dependent on whether a property is within Area
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A or Area B, and will be based on the total cost of construction reduced
by the amount of any grants or donations received for the project.
Furthermore, the owners within Area A will pay a special assessment
amount of 0.162 times the total cost of the project divided by 69. The
owners within Area B will pay a special assessment amount of 0.018 times
the total cost of the project divided by 23. The special assessments
are to be payable in ten (10) equal installments at zero (0) percent
interest. The City Finance Officer shall deposit BID #2 funds into a
separate fund established for BID #2. 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 and Area B.
122.06 Penalties for failure to pay special assessment. The special
assessment shall be payable in ten (10) equal annual installment with
the amount determined after completion of construction based on total
construction costs less any grants or donations received as of the
assessment date. Any assessment or installment not paid within thirty
(30) days after filing the approved assessment role in the Finance Office
shall be collected under Plan One, collection by the County Treasurer,
as set forth in SDCL 9-43. All current and deferred installments shall
bear zero (0) percent interest and any delinquent payment shall bear
interest at the rate of ten (10%) per annum.
122.07 Creation of business improvement board of directors. The BID #2
Board of Directors is hereby established. The Mayor shall appoint the
members of the Board of Directors, subject to the approval of the City
Council. There shall be five (5) members of the BID #2 Board of Directors
whose terms shall be three years, except at time of establishment, in
which, two members shall serve for a one year term, two members for a
two year term, and one member for a three year term.
122.08 Severability. Should any section, clause or provision of this
article be declared by the courts to be invalid, the same shall not
affect the validity of the article as a whole or any part thereof, other
than the part declared to be invalid.
122.09 Reporting. The Board of Directors shall make annual
recommendations for project improvements and/or changes along with method
to the Finance Office that are consistent with the City’s “Plan”, funding
and purpose as noted above, and SDCL 9-55-3, as amended.
122.10 Effective Date. From and after the 16th day of January, 2020.
Dated at Vermillion, South Dakota this day 16th day of December, 2019.
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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 Ward. 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.
B. Second reading of Ordinance 1410 – 2019 Supplemental Appropriations
ordinance
Mike Carlson, Finance Officer, reported that the supplemental
appropriations ordinance is needed to adjust the budget for items that
have changed since the budget was adopted in September 2019. Mike noted
that the ordinance had first reading on December 2nd meeting. Mike noted
that the agenda memo included an explanation of the individual line item
changes noting that the general fund reserve is proposed to be reduced
by $50,222 for the changes. Discussion followed.
355-19
Second reading of title to Ordinance No. 1410 entitled 2019 Budget
Supplemental Appropriations Ordinance of the City of Vermillion, South
Dakota.
Mayor Powell read the title to the above named Ordinance, and Alderman
Ward moved adoption of the following:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to the proposed Ordinance No. 1410 entitled 2019 Budget Supplemental
Appropriations Ordinance 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 2nd day of December, 2019 and that
the title was again read at this meeting, being a regularly called meeting
of the Governing Body on this 16th day of December, 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:
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ORDINANCE NO. 1410
2019 SUPPLEMENTAL APPROPRIATIONS ORDINANCE
AN ORDINANCE ADOPTING a 2019 Supplemental Appropriations Ordinance for
the City of Vermillion, South Dakota.
BE IT ORDAINED, BY THE GOVERNING BODY of the City of Vermillion, that
the following sums are appropriated to meet the obligations of the
municipality.
The line items are listed with 2019 Budget; 2019 Supplement Budget;
Amount of Supplement:
General Fund:
Revenues:
Airport Fuel - 66,000; 73,000; 7,000; Appropriation from Reserve -
151,994; 202,216; 50,222; Expenditures: General Government - 554,840;
570,371; 15,531; Municipal Service Center - 35,280; 39,300; 4,020;
Sweeping & Mowing 123,049; 129,549; 6,500; Airport - 89,765; 95,765;
6,000; Recreation - 226,463; 235,213; 8,750; Prentis Plunge - 235,693;
242,693; 7,000; Mosquito Control - 20,429; 27,850; 7,421; National Guard
Armory - 49,378; 51,378; 2,000; Special Revenue Fund: Library Fund
Revenues: Library Fine & Gifts - 19,550; 23,050; 3,500; Expenditures:
Library Expenditures - 11,500; 18,000; 6,500; Appropriation from Reserve
- 8,050; 5,050; (3,000); Utility Fund: Water Fund Revenues: Appropriation
from Reserve - 229,547; 355,197; 125,650; Expenditures: Operating
Expenses - 575,652; 637,652; 62,000; Capital - 510,336; 573,986; 63,650;
Enterprise Fund: Golf Course Revenues: Appropriation from Reserve -
72,524; 97,524; 25,000; Expenditures: Operating Expenses - 460,296;
485,296; 25,000; Internal Service Fund: Equipment Replacement
Expenditure: Equipment Replacement - 482,636; 506,382; 23,746;
Appropriation to Reserve - 142,548; 118,802; 3,746);
Dated at Vermillion, South Dakota this 16th day of December, 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 Price. 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-
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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.
8. New Business
A. Resolution authorizing submitting a grant application to the SD DENR
for recycling center renovations
John Prescott, City Manager, reported that the need for improvements to
the Recycling Center building for the safety of the public using the
facility, employees working in the building, and to improve the flow of
the work has been discussed for several years. John stated that Burns &
McDonnell Engineering was hired earlier this year to complete an
evaluation of the facility. John noted that the City Council visited the
Recycling Center as part of the July 1, 2019 noon meeting to observe the
conditions and the engineering consultant’s recommendations. John noted
that the engineering consultant originally presented a large project that
likely would not be feasible to finance and City staff worked with the
consultant to develop a phased approach to completing the needed
upgrades. John stated that the first phase of the project would address
separating the public drop-off area from the work area, constructing a
fire rated wall, installation of a fire detection and smoke/heat removal
system, separating the work area ventilation from the office area
ventilation, and constructing an ADA accessible restroom. John reported
that included in the packet is a summary memo of the renovations needed
per the Burns & McDonnell report. John noted that the summary was
presented to the Joint Powers Board which recommended approval of
submitting the grant application at their December 4, 2019 meeting. John
reported that the resolution would allow for the submission of a grant
application to the SD DENR including planning and design fees, inspection
fees, and contingency as well as project costs. John stated that grant
funds of 50% of the total project cost of $686,650 are being requested
and would be matched by Joint Powers reserve funds. John stated that the
grant application would be considered by DENR at their late March
meeting. Discussion followed on the grant and Recycling Center.
356-19
Alderman Sorensen moved approval of the resolution authorizing the grant
application to the Board of Water and Natural Resources for a solid waste
management program grant for the Recycling Center renovations and
authorizing the City Manager to sign the application and other required
documents. Alderman Willson seconded the motion. Motion carried 9 to 0.
Mayor Powell declared the motion adopted.
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B. Renewal of Commercial Collectors licenses for 2020
Mike Carlson, Finance Officer, reported that the following have made
application, including the proof of insurance, for commercial collector’s
licenses for 2020: Loren Fischer Disposal - Loren Fischer, Owner; Fischer
Disposal, LLC - Lonnie Fischer, Operator; Art’s Garbage Service -
Division of Waste Connections; Vermillion Garbage Service - Marty
Johnson, Owner, and Waste Management of Sioux City Iowa. Mike noted that,
as part of the renewal, applicants were requested to include any
violations of City ordinance and the Police Chief did a local records
check on each applicant with his results included in the memo. Mike noted
that Loren Fischer Disposal had violations listed and included his
response on the license application that was included in the packet.
Discussion followed.
357-19
Alderman Willson moved approval of the commercial collector’s licenses
for 2020 for the businesses listed. Alderman Sorensen seconded the
motion. Discussion followed on the commercial collection license process.
Motion carried 9 to 0. Mayor Powell declared the motion adopted.
C. Resolution approving the 2019 Clay County Pre-disaster Mitigation Plan
John Prescott, City Manager, reported that SECOG has coordinated an
effort over the last year to update the hazard mitigation pre-disaster
plan for Clay County. John noted that the last plan was completed in
2013. John reported that, to develop an update to the plan, a series of
five meetings were held in Vermillion between October 2018 and June 2019
with participation from Elected officials, City and County staff members,
and private utilities in Clay County. John stated that the purpose of
the plan is to guide efforts in Clay County both in Vermillion and rural
areas to reduce the impacts of significant hazards as well as to reduce
the effects of these hazards. John stated that the plan is also designed
to help prevent and mitigate costs due to post hazard events. John
reported that the plan identified hazards and assessed the risks
historically faced by Clay County. John stated that the plan incorporates
a mitigation strategy that encompassed a set of goals, objectives, and
action steps to help mitigate and minimize damages imposed by hazards.
John stated that the complete plan is available for review at the SECOG
website or at City Hall. John stated that SECOG received a grant to
cover their staff time spent developing the plan update. John noted that
having a current plan which identifies potential hazards may enable the
County and jurisdictions within the County to receive grant funding to
address items related to disasters. John recommended approval of the
resolution to adopt the Clay County multi-hazard pre-disaster mitigation
plan update.
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358-19
After reading the same once, Alderman Collier-Wise moved adoption of the
following:
RESOLUTION
DECLARING SUPPORT AND ADOPTION OF THE CLAY COUNTY
PRE-DISASTER HAZARD MITIGATION 2019 UPDATE
WHEREAS, the Vermillion City Council supports the contents of the Clay
County Pre-Disaster Hazard Mitigation Plan Update; and
WHEREAS, the Clay County Pre-Disaster Hazard Mitigation Plan Update will
be utilized as a guide for planning related to FEMA Hazard Mitigation
and other purposes as deemed appropriate by the City of Vermillion.
NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of
Vermillion adopts, supports, and will facilitate the Clay County Pre-
Disaster Hazard Mitigation Plan Update implementation.
Dated at Vermillion, South Dakota this 16th day of December, 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 Holland. 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. Public Safety Center Board appointment
Mike Carlson, Finance Officer, reported that when the Public Safety
Center was built there was a Construction and Use Agreement entered into
with Clay County that created a Public Safety Center Board to resolve
any issue between the City and County on the use of the facility. The
current Board members are Robert Fuller (2019), Bruce Plate (2020) and
Dave Thiesse (2021). Mike stated that Sheriff Howe and Police Chief
Betzen recommended the reappointment of Robert Fuller for a three-year
term ending December 31, 2022. Discussion followed on the Safety Center
Board.
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359-19
Alderman Willson moved approval of the reappointment of Robert Fuller to
the Public Safety Center Board for a term that expires December 31, 2022.
Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell
declared the motion adopted.
E. Resolution adjusting EMS fees and consideration of the 2020 City Fee
schedule
John Prescott, City Manager, reported that, over the past few years, a
fee schedule has been annually presented to the City Council in order to
offer a comprehensive list of fees and to make adjustments as needed.
John stated there are still changes in fees during the year. John noted
that many sections of the City Code contain language that indicate a fee
is set by resolution. John reported that there are three documents
included in the packet. John stated that one document provides a complete
listing of all City fees, whether provided for in City Code, Departmental
policy, or State statute. John noted that on this document the option of
a disk for pictures from the Fire Department was added and a couple of
drugs that are no longer used by EMS in providing patient care were
removed from the list. John stated that the second document lists all of
the fees that are set by resolution as provided for in the City of
Vermillion’s Code of Ordinances and the third document is a resolution
that provides for a couple of fee changes for EMS, the addition of new
patient care drugs, and clarification of the impound lot storage fee.
John noted that having a comprehensive list of fees provides City Council
and staff with a resource that can be utilized when questions of cost
are presented. John stated that these documents also serve as a resource
when members of the City Council or Administrative staff want to evaluate
fees. John stated that, following the approval of the above fee changes,
the fee schedule will be updated completely and posted on the City of
Vermillion webpage. John recommended approval of the Fee schedule
detailing all fees set by resolution, the Master fee schedule detailing
all fees currently in place and the resolution with fee changes for EMS
and clarification of the impound lot storage fee. Discussion followed.
360-19
After reading the same once, Alderman Hellwege moved adoption of the
following fee resolution to adjust fees as well as the acceptance of the
comprehensive fee schedule and fees set by resolution listing as
presented:
RESOLUTION
REVISING CERTAIN EMS AND POLICE FEES
WHEREAS, the City Council establishes rates and fees for services
provided by the City, and;
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WHEREAS, the need for some fees change over time due to industry
practices, and;
WHEREAS, rates and fees are adjusted periodically to recover the
increased costs of providing such a service.
NOW THEREFORE BE IT RESOLVED, by the Governing Body of the City of
Vermillion, South Dakota, at a regular meeting thereof in the Council
Chambers of said City at 7:00 p.m. on the 16th day of December, 2019,
that rates be changed or established as follows for services provided
after January 1, 2020:
EMS:
Type of Call:
Stand-By for Special Events (Per Person for Extra Personnel): $40 per
person, per hour
Stand-By for Special Events (Bike Team - Per Bike Member): $40 per person,
per hour
Loaded Mileage Charge: $18 per mile
Airplane Transportation (Billed to Flight Company): $300
Itemized Procedures:
ECG 12 Lead: $60; Ketamine: $10; Levophed Drip: $10
Police Department:
Chapter VII Traffic Code
70.094 Towing of Violators (Storage Charge): $10 per day
Dated at Vermillion, South Dakota this 16th day of December, 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 members voted in
opposition to the Resolution. Mayor Powell declared that the Resolution
was adopted.
F. County, School & City combined election agreement
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Mike Carlson, Finance Officer, reported that state statute provides that
that, if the governing body of a municipality chooses an election date
other than the second Tuesday of April, the date of such election be
established by January fourteenth of the election year. Mike reported
that City ordinance calls for an election on the even numbered years to
be combined with the primary election. Mike noted that, for the City to
combine an election with the primary, an agreement is needed with the
County. Mike noted the School District is also requesting to combine with
the primary election. Mike stated that the agreement proposed is the same
terms as used in 2018 with the cost to the City of $2,800. Mike noted
that the cost of the special election on the day care registration and
malt beverage markup cost over $3,500. Mike noted that the combined
elections have provided for a higher voter turnout. Mike recommended
adoption of the agreement. Discussion followed on the combined election
agreement.
361-19
Alderman Ward moved approval of the combined election agreement with Clay
County and the School District for the 2020 City election to be combined
with the June 2nd primary at a cost of $2,800. Alderman Hellwege seconded
the motion. Motion carried 8 to 1. Mayor Powell declared the motion
adopted.
G. Sale of surplus street sander to Kingsbury County
Jose Dominguez, City Engineer, reported that the 2004 Henderson Sander
was declared surplus and appraised on September 3, 2019 at $2,000. Jose
stated that the sander, along with other vehicles, was advertised for
sale by sealed bids with no bids received for the sander at the October
2,2019 bid opening. Jose reported that, as no bids were received, City
staff continued to market the sander. Jose reported that Kingsbury County
has sent an offer of $1,800 to purchase the sander which is 90% of the
appraised value. Jose recommended accepting the offer.
362-19
Alderman Holland moved approval of selling the surplus 2004 Henderson
Sander to Kingsbury County for $1,800. Alderman Hellwege seconded the
motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted.
9. Bid Openings
A. Water and Wastewater Treatment chemicals
Shane Griese, Utilities Manager, reported that bids were opened on
December 4, 2019 for the annual supply of lime and soda ash for the Water
and Wastewater Treatment Plants. Shane reported that documents were sent
to ten prospective bidders and seven bids were received. Shane reported
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that the bid from Lhoist North America could not be read as no bid bond
was received and the Univar USA, Inc bid did not include any amounts.
Shane recommended awarding the quick lime bid to the low bidder Graymont
LLC at $167.50 per ton. Shane recommended the only bid on the soda ash
of DoBois Chemicals, Inc of $334.00 per ton. Discussion followed.
Bids: Proposal 1: 500-tons quicklime: Pete Lien & Sons $127.50/ton FOB
plant, $132.95 freight, total $260.15; Lhoist North America bid not read
as no bid bond; Mississippi Lime $235.00/ton FOB plant, $61.74 freight,
total $296.74; Graymont (WI) LLC $167.50/ton; Carmuese Lime & Stone
$194.39/ton, freight $234.15, fuel surcharge $52.69, total $481.23.
Proposal 2: 475-ton soda ash: DuBois Chemicals, Inc $334.50/ton; Univar
USA, Inc no price included.
363-19
Alderman Willson moved approval of the low bid on Proposal 1 for quicklime
to Graymont (WI) LLC at $167.50 per ton and on Proposal 2 the only bid
of DuBois Chemicals, Inc of $334.50 per ton. Alderman Hellwege seconded
the motion. Motion carried 9 to 0. Mayor Powell declared the motion
adopted.
B. Sale of Surplus Solid Waste Dump Truck
Jose Dominguez, City Engineer, reported that on October 21, 2019 the City
Council declared the 1998 Ford dump truck used at the landfill as surplus
and it was appraised by the Surplus Property Appraisal Committee at
$3,800. Jose stated that the surplus truck was advertised for sale with
sealed bids opened on December 11th with one bid received from Anthony
Nelson for $4,000. Jose recommended approval of the only bid for the sale
of the surplus truck.
364-19
Alderman Willson moved approval of the only bid of Anthony Nelson for
the sale of the surplus 1998 Ford dump truck for $4,000. Alderman Hellwege
seconded the motion. Motion carried 9 to 0. Mayor Powell declared the
motion adopted.
10. City Manager's Report
A. John reminded residents that sidewalks are to be cleared 24 hours
after the end of a snow event. Snow should be stored on your property
and not across the street on your neighbor’s yard without permission or
piled up in the street in front of neighbor’s property. If moved across
the street, windrows of snow should not be left in the street.
B. John reported that the Library is seeking responses to a library
services survey. John stated that the survey is available on the
18
Library’s website or there are paper copies at City Hall and the Library.
John asked citizens to complete the survey before December 31st.
C. John reported that the Planning Commission will meet on Tuesday,
December 17th at 5:30 p.m. in the Large Conference room to consider a
Conditional Use Permit for Heikes Tract 2 property located directly north
of Masaba.
D. John reported that City offices will close at Noon on Tuesday, December
24, 2019 and will be closed on Wednesday, December 25th and Wednesday,
January 1st.
E. John reported that curbside recycling collection scheduled for
Wednesday, December 25th or Wednesday, January 1st will receive a
curbside recycling collection on Monday, December 30th and Monday,
January 6th.
G. John reported that the Christmas tree collection site is open and
accepts real trees. John stated that the site is located on the south
side of Broadway Street just west of Dakota Street. John asked that any
plastic that you might wrap the tree in for transporting as well as
lights and decorations be removed. John noted that the site would be
accepting trees until January 13, 2020.
PAYROLL ADDITIONS AND CHANGES
Police: Drew Gortmaker $23.17/hr, Evan Rolling $21.84/hr; Library:
Rachelle Langdon $14.96/hr; Water: Curt Haakinson $29.68/hr, Dale Husby
$22.28/hr, Eric Mcpherson $24.42/hr, Chris Nissen $23.19/hr, Andrew
Wickre $19.26/hr; Wastewater: Zach Hammond $18.93/hr, Mike Heine
$23.82/hr, Kyle Hoisington $20.95/hr, Rob Pickens $21.42/hr; Recycling:
Jeremiah Kashas $17.35/hr
11. Invoices Payable
366-19
Alderman Price moved approval of the following invoices:
AT&T Mobility mobile hot spots 419.23
Beth Samenus mileage reimbursement 153.33
Broadcaster Press advertising 879.83
Buhl's Cleaners mat/mop service 397.64
Bureau Of Administration telephone 206.30
Campbell Supply supplies 133.59
Cask & Cork merchandise 831.00
CenturyLink telephone 1,592.27
City Of Vermillion landfill vouchers 348.00
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Clay Rural Water System water usage 59.50
Clay-Union Electric Corp electricity 1,856.06
Dakota Beverage merchandise 7,778.10
Division Of Motor Vehicle license plate 11.20
Farm & Home Publishers books 56.00
Gale/Cengage Learning Inc books 184.69
Gary Kolken refund parking tckt overpmt 10.00
Graphic Sciences, Inc supplies 292.41
Gregg Peters managers fee/freight 7,922.40
Ingram books 297.70
Insurance Benefits Inc. airport liability ins 3,992.00
John A Conkling Dist. merchandise 2,647.05
Johnson Brothers Of SD merchandise 9,143.35
Johnson Controls service agreement 1,758.99
Jones Food Center merchandise 1,179.79
Linda Calleja mileage reimbursement 70.14
Loren Fischer Disposal haul cardboard 1,180.00
Mailfinance postage meter lease 234.24
Matheson Tri-Gas, Inc cylinder rental 84.70
Michael Heine safety boots/reimbursement 122.00
MidAmerican gas usage 3,943.81
Midcontinent Comm cable/internet service 746.57
Neofunds postage for meter 902.00
Overdrive Inc subscription/maintenance 3,000.00
Pitney Bowes postage meter lease 289.71
Prairie Berry Winery merchandise 870.00
Recorded Books, Inc books 181.20
Republic National Distributing merchandise 8,810.15
Sanford Health Plan participation fee 57.00
SD DENR landfill operations fee 3,053.58
SD Public Assurance Allia law enforcement ins 9,072.16
Showcases supplies 527.02
Snap-On Industrial tools 274.65
Southern Glazer's Of SD merchandise 2,435.67
Staples Business Credit supplies 1,796.85
Stern Oil Co. fuel 17,202.60
Sturdevants Auto Parts parts 269.17
Syncb/Amazon books/dvds/supplies 390.44
Systems Technology Group subscription 495.00
Tractor Supply Credit Plan supplies 44.64
Tyler Zimmerman safety boots reimbursement 100.00
Us Postmaster postage/first class fee 1,185.00
Valiant Vineyards merchandise 492.00
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Vermillion Chamber TIF 5 grant 36,753.00
Waste Management Of WI-MN waste hauling 915.80
Mohs Contracting Bright Energy Rebate 60,415.00
Don Ticknor Bright Energy Rebate 500.00
City Of Vermillion Bright Energy Rebate 90.72
Mike Paulson Bright Energy Rebate 400.00
Prairie Inn Bright Energy Rebate 347.00
2020 Invoice
SDML Workers Comp Fund 2020 workers comp 90,351.00
Alderman Hellwege seconded the motion. Motion carried 9 to 0. Mayor
Powell declared the motion adopted.
12. Consensus Agenda
A. Set a public hearing date of January 6, 2020 for a retail on-off sale
malt beverage and retail on-off sale wine license for R&D Management,
LLC for El Fredo Pizza at 831 East Cherry
367-19
Alderman Price moved approval of the consensus agenda. Alderman
Humphrey seconded the motion. Motion carried 9 to 0. Mayor Powell
declared the motion adopted.
13. Adjourn
368-19
Alderman Ward moved to adjourn the Council Meeting at 7:48 p.m. Alderman
Hellwege seconded the motion. Motion carried 9 to 0. Mayor Powell
declared the motion adopted.
Dated at Vermillion, South Dakota this 16th day of December, 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 ___________.
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