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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · December 16, 2019

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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. 1 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 2 352-19 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 3 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 4 122, 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 5 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 6 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 7 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 8 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. 9 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: 10 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- 11 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. 12 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. 13 358-19 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. 14 359-19 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; 15 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 16 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 17 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 19 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 20 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 ___________. 21

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