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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · February 18, 2020

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Minutes

Unapproved Minutes Council Special Session February 18, 2020 Tuesday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, February 18, 2020 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Hellwege, Vice-President Holland, Humphrey, Price, Sorensen, Ward Absent: Collier-Wise, Willson, Mayor Powell 2. Visitors to be Heard - None 3. Discussion on role of Commissions – John Prescott John Prescott, City Manager, reported that in 2018 the City created a Historic Preservation Commission and a Human Relations Commission. John reviewed the purpose for each commission which was part of the ordinances that created the individual commissions. John stated that the Human Relations Commission and the Historic Preservation Commission have asked if they, as a commission, are allowed to take a position on State legislative issues and/or local government issues. John noted that his reply was that he would bring this to the City Council for direction. Discussion followed on the Commission request noting that, if a commission takes a position, there should be a disclaimer indicating this is the position of the Commission and not that of the City Council. Discussion followed with the consensus that staff will develop proposed disclaimer language that would be reviewed by the Policy and Procedures Committee and check with other cities on how this issue is addressed. 4. Update on efforts to promote the 2020 Census – James Purdy James Purdy, Assistant City Manager, reported on efforts to promote the 2020 Census. James reported on the membership of the Complete Count Committee noting that each entity involved has developed a work plan. James reviewed the City of Vermillion work plan for the Complete Count Committee. James answered questions of the City Council on Complete Count Committee work plan and discussion followed on how to reach those at risk of not completing the census information. 1 5. Plans for the South Dakota Municipal League District 3 Meeting in Vermillion on March 19, 2020. – John Prescott John Prescott, City Manager, reported that last March at the SD Municipal League District 3 Meeting the City offered to host the 2020 District 3 Meeting. John reported that the District 3 Meeting will be on March 19th with the social starting at 6:00 p.m., dinner at 7:00 p.m. with the program beginning at 7:30 p.m. John stated that the meeting is usually attended by about 125 local government officials from southeast SD. John stated that the event will be held at the second floor of the Old Lumber Company and asked Council members who plan to attend to let him know as the RSVP is due by March 5th. 6. Briefing on the February 18, 2020 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Adjourn 34-20 Alderman Ward moved to adjourn the Council special session at 12:35 p.m. Alderman Sorensen seconded the motion. Motion carried 6 to 0. Vice- President Holland declared the motion adopted. Dated at Vermillion, South Dakota this 18th day of February, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Rich Holland, Vice-President ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session February 18, 2020 Tuesday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Tuesday, February 18, 2020 at 7:00 p.m. by Vice- President Holland. 2 1. Roll Call Present: Hellwege, Vice-President Holland, Humphrey, Price, Sorensen, Ward Absent: Collier-Wise, Willson, Mayor Powell 2. Pledge of Allegiance 3. Minutes A. Minutes of February 3, 2020 Special Meeting; February 3, 2020 Regular Meeting, 2020, Regular Session 35-20 Alderman Sorensen moved approval of the February 3, 2020 Special Meeting and February 3, 2020 Regular Meeting minutes. Alderman Price seconded the motion. Motion carried 6 to 0. Vice-President Holland declared the motion adopted. 4. Adoption of Agenda 36-20 Alderman Price moved approval of the agenda. Alderman Humphrey seconded the motion. Motion carried 6 to 0. Vice-President Holland declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about April 2, 2020 at the Sanford Coyote Sports Center Main Competition Court and Concourse at 1101 N Dakota Street for annual banquet John Prescott, City Manager, reported that the Vermillion Area Chamber of Commerce and Development Company has asked to continue the hearing until the next meeting but noted as the public hearing was advertised any public comment should be received. Vice-President Holland opened the public hearing and hearing no comment closed the public hearing. 37-20 Alderman Price moved to continue the public hearing on the special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company until the next regular Council meeting. 3 Alderman Humphrey seconded the motion. Motion carried 6 to 0. Vice- President Holland declared the motion adopted. B. Vacation of Alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smiths Addition, City of Vermillion, Clay County, South Dakota. (Alley between Forest Avenue and Harvard Street; ½ block south of E. Main Street) Jose Dominguez, City Engineer, reported that the City received petitions to vacate the alleyway right-of-way adjacent to Lots 1 through 6 and Lot 7, Block 74, Smith’s Addition. Jose noted that there is a diagram included in the packet and reviewed the location of the alley. Jose noted that there are four individual property owners owning property along this alleyway and all four property owners submitted petitions to the City for the vacation of the alley. Jose noted that the petitions are included in the packet. Jose stated that there are several private utilities running through the alleyway. Jose stated that the utility providers were contacted by the one of the owners seeking the vacation of the alleyway and the utilities have agreed with the vacation as long as a utility easement is maintained in the same area for their use. Jose noted that the City has an electric utility line on the south side of the alley. Jose stated that the statute requires a public hearing where the City Council will hear all evidence and testimony of the parties interested in vacating the alley. Jose noted that a 2/3 vote of the City Council is required to vacate the alley. Jose noted that, when vacating a used street/alley, staff considers the impact to access to properties, fire protection and general traffic. Jose reported that staff recommends approval of the resolution to vacate the alleyway. Steve Smith, adjoining resident at 18 Forest, stated that he was in support of vacating the alley. Carson Merkwan, adjoining resident at 221 East Main, stated that he was in support of vacating the alley and will be making improvements to the property vacated in the spring. Carson offered to answer any questions. Discussion followed. 38-20 After reading the same once, Alderman Sorensen moved adoption of the following: RESOLUTION VACATING THE RIGHT-OF-WAY LYING BETWEEN LOTS 1 THROUGH 6 AND LOT 7, BLOCK 74, SMITHS ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA WHEREAS, the City of Vermillion has received a petition for the vacation of the 20-foot wide alleyway lying between Lots 1 through 6 and Lot 7, 4 Block 74, Smiths Addition, City of Vermillion, Clay County, South Dakota; and, WHEREAS, notice has been published for two successive weeks in the official City newspaper; and, WHEREAS, utilities have been notified and have requested that a 20-foot utility easement be reserved and maintained throughout the above described alleyway; and, WHEREAS, the property owners on each side of the alley have acknowledged reservation and maintenance of a 20-foot easement for location, construction, installation, maintenance, reconstruction, repair and operation of utilities along and across the above described alleyway; and, WHEREAS, State Statute 9-45-9 authorizes the City Council to vacate streets, alleys or public grounds, that have been in use. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Vermillion that the alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smiths Addition, City of Vermillion, Clay County, South Dakota is hereby vacated; and that a 20-foot utility easement be reserved and maintained on the previously described alleyway. Dated at Vermillion, South Dakota this 18th day of February 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_____________________________ Rich Holland, Vice-President ATTEST: By_______________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Vice-President Holland declared that the Resolution was adopted. 7. Old Business - None 8. New Business A. Home Rule Committee charge 5 John Prescott, City Manager, reported that last year a home rule study committee was appointed to review whether it made sense for Vermillion to consider appointing a Home Rule Charter Committee to bring a home rule charter forward for a public vote. John noted that the recommendation of the Home Rule Study Committee presented at the January 20, 2020 Noon meeting was to proceed with establishing an official Home Rule Charter Committee. John reported that the Home Rule Study Committee offered that Home Rule would enable the City to meet previously unseen challenges and to enable the City Council to authorize even more responsive services for Vermillion residents. John stated that, at the February 3, 2020 meeting, the City Council approved establishing a five-person Home Rule Charter Committee and also proposed that one City Council member serve on the Committee as a non-voting member. John noted that the City Council would like to have the report of the Home Rule Charter Committee by August 1, 2020 so the question can be included on the November 3rd general election ballot. John noted that the City is currently seeking members to serve on the Home Rule Charter Committee which is anticipated to be appointed by the City Council at the March 2, 2020 meeting. John noted that, during the discussion at the February 18, 2020 meeting, the need for a Committee Charge was discussed. John reported that Staff has been working on a charge for the Home Rule Committee that is included in the packet. Discussion followed on the Home Rule Charter Committee charge as presented noting that the charge should serve as a general guideline for the committee. 39-20 Alderman Hellwege moved approval of the Home Rule Charter Committee charge as presented. Alderman Ward seconded the motion. Discussion followed. Motion carried 6 to 0. Vice-President Holland declared the motion adopted. 9. Bid Openings A. Janitorial Services for City of Vermillion Facilities Jose Dominguez, City Engineer, reported that bids were opened on February 12th for janitorial services for city facilities. Jose reported that the low bid was from Service Master of Southeast South Dakota for $44,160.31. Jose noted that Service Master of Southeast South Dakota was awarded the contract in 2017 and the current one-year renewal in the amount of $40,162.12 will be expiring on February 20, 2020. Jose noted that the contract is for one year with two one-year renewal options. Jose reported that bid information was sent to four cleaning services and only two bids were received. Jose stated that the other bid was from Professional Pro Clean in the amount of $47,880.00. Jose recommended accepting the low bid from Service Master of Southeast South Dakota in the annual amount of $44,160.31. Discussion followed. 6 40-20 Alderman Ward moved approval of the low bid of Service Master of Southeast South Dakota in the annual amount of $44,160.31 and authorized the City Manager to sign the janitorial services contract. Alderman Price seconded the motion. Motion carried 6 to 0. Vice-President Holland declared the motion adopted. 10. City Manager's Report A. John reported that the Planning Commission meets next Monday night at 5:30 p.m. at the large conference room at City Hall. John stated that there are currently two items on the agenda. The first is for a Conditional Use permit for an RV area at the Studio 13 property at 1313 West Cherry Street and the second item is beginning work with the County and SECOG on the Comprehensive Plan update for the joint jurisdictional area. B. John reported that the Tree Board is meeting on Wednesday, February 26th at 9:30 a.m. in the large conference room at City Hall. C. John reported that Expression of Interest forms are available at City Hall and on the City’s website for individuals to serve on the Home Rule Charter Committee. John requested that the forms be returned by Noon on Thursday, February 27th in anticipation that the City Council will make appointments at the March 2nd meeting. PAYROLL ADDITIONS AND CHANGES Recreation: Ryan Baedke $26.48/hr, Tyler Tragerser $18.37/hr; Parks: Cylie Hanson $18.37/hr, Tyler Williamson $19.25/hr; Golf Maintenance: Travis Taggart $18.78/hr 11. Invoices Payable 41-20 Alderman Ward moved approval of the following invoices: A & A Refrigeration repairs 231.75 Absolute Suppliers, Inc sewage pump 767.00 AT&T Mobility mobile hot spots 394.51 Bluetarp Financial, Inc supplies 437.46 Broadcaster Press advertising 751.24 Brunick's Service Inc fuel 17,594.23 Buhl's Cleaners mat/mop service 467.06 Bureau Of Administration telephone 215.45 7 Cask & Cork merchandise 1,887.50 CenturyLink telephone 1,588.67 Clay Rural Water System water usage 53.90 Clay-Union Electric Corp electricity 2,262.55 Clubhouse Hotel & Suites lodging 618.00 Dakota Beverage merchandise 7,898.05 Division Of Motor Vehicle title/plates 21.20 Echo Electric Supply supplies 157.80 Farmers Pride oil 930.83 Global Dist. merchandise 118.14 Gregg Peters managers fee 6,000.00 In Control, Inc operation interface terminal 15,171.61 John A Conkling Dist. merchandise 4,393.65 Johnson Brothers Of SD merchandise 31,909.59 Jones Food Center supplies 214.38 Lessman Elec. Supply Co supplies 695.00 Mark Clark reimburse travel expenses 1,517.01 Mart Auto Body tow charge 75.00 Matheson Tri-Gas, Inc cylinder rental 87.13 MidAmerican gas usage 8,296.20 Midcontinent Communication cable/internet service 746.57 Neofunds postage for meter 1,208.08 Netsys+ subscription renewal 29.00 Plain Talk Publishers subscription 26.00 Print Source envelopes 110.00 Republic National Distributing merchandise 36,777.58 Running Supply, LLC supplies 571.60 SD DENR landfill operations fee 3,027.49 Southern Glazer's Of SD merchandise 3,490.10 Sturdevants Auto Parts parts 69.26 Syncb/Amazon dvds/books/supplies 399.54 The Equalizer advertising 194.00 Tractor Supply Credit Plan parts 2.99 Us Postmaster postage for utility bills 975.00 Utility Equipment Co. water meters 13,000.00 Vermillion Ace Hardware supplies 236.46 Vermillion Youth Wrestling online registration 1,651.80 Vessco, Inc repairs 3,417.47 Waste Management Of WI-MN waste hauling 915.80 Chelsey Harrrington Bright Energy Rebate 400.00 AMS Building Systems Bright Energy Rebate 373.58 8 Alderman Price seconded the motion. Motion carried 6 to 0. Vice-President Holland declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 42-20 Alderman Ward moved to adjourn the Council Meeting at 7:20 p.m. Alderman Price seconded the motion. Motion carried 6 to 0. Vice-President Holland declared the motion adopted. Dated at Vermillion, South Dakota this 18th day of February, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Rich Holland, Vice-President ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 9

Agenda

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Tuesday, February 18, 2020 Large Conference Room – City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call. 2. Visitors to Be Heard. 3. Discussion on role of Commissions – John Prescott. 4. Update on efforts to promote the 2020 Census – James Purdy 5. Plans for the South Dakota Municipal League District 3 Meeting in Vermillion on March 19, 2020. – John Prescott. 6. Briefing on the February 18, 2020 City Council Regular Meeting – Briefings are intended to be informational only and no deliberation or decision will occur on this item. 7. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. As a courtesy to others, we ask that cellular phones and pagers be turned off during the meeting. City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Tuesday, February 18, 2020 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. February 3, 2020 Special Meeting; February 3, 2020 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard 6. Public Hearings a. Special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about April 2, 2020 at the Sanford Coyote Sports Center Main Competition Court and Concourse at 1101 N Dakota Street for annual banquet. b. Vacation of Alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smiths Addition, City of Vermillion, Clay County, South Dakota. (Alley between Forest Avenue and Harvard Street; ½ block south of E. Main Street) 7. Old Business 8. New Business a. Home Rule Committee charge. 9. Bid Openings a. Janitorial Services for City of Vermillion Facilities. 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3 Vermillion City Council’s Values and Vision This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and promoting these ideals to a consistently increasing populace. Unapproved Minutes Council Special Session February 3,2020 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, February 3, 2020 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Price, Sorensen, Mayor Powell Absent: Humphrey, Ward, Willson 2. Visitors to be Heard - None 3. County Courthouse / Public Safety Center building project update – Bob Fuller Bob Fuller, Chairman of the County Building Committee, provided an update on the committee work to date regarding the Courthouse, Jail and Public Safety Center. Bob reported that the Committee recommendation which was accepted by the County Commissioners was to build a new facility. Bob stated that the Committee is currently in the process of recommending an architect firm to the County Commissioners and provided a proposed timeline that called for public input in May - June on the project, with the County Commission considering the plan & budget in July with community outreach on the plan in August through October. Bob stated that the architect is also being asked for cost estimates on remodeling of the current facility. Bob stated that the County Commission would like to have bond funding included on the November general election ballot. Bob noted that the County Commission will be contracting with an architectural firm and will be asking the City to share in the costs similar to the initial study at 17% noting that the contract will be in the $85,000 to $100,000 range. Discussion followed with Bob Fuller, Travis Mockler and Matt Betzen, committee members, answering questions of the City Council on the project. The committee members noted that, as the project proceeds, they will be holding public meetings to obtain public input as the Committee proceeds. 4. Vermillion River water line project repair – Shane Griese Shane Griese, Utility Manager, reported that the water main that goes under the Vermillion River along Dakota Street has a leak and needs to 1 be replaced. Shane reported that the water main was installed in 1984 following flood damage to the existing water main. Shane reviewed the water loss noting the increase in 2019 over 2018. Shane reviewed the makeup of water loss noting that the industry average is about 13% while the city average for 2019 was 28%. Shane reported that the cost estimates for the replacement project are for engineering of $10,000, soil testing of $2,500 and the water line boring of $70,000 to $100,000. Shane stated that the City is working with Banner Engineering to develop plans for the water main replacement. Shane stated that on tonight’s agenda is a request to declare this project an emergency to allow staff to accept quotes instead of the time period required for requesting bids. Shane answered questions of the City Council on the water main replacement project. 5. Briefing on the February 3, 2020 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 6. Adjourn 18-20 Alderman Sorensen moved to adjourn the Council special session at 12:58 p.m. Alderman Collier-Wise seconded the motion. Motion carried 6 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 3rd day of February, 2020. 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 February 3, 2020 Monday 7:00 p.m. 2 The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, February 3, 2020 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen, Ward, Mayor Powell, Student Representative Yetter Absent: Willson 2. Pledge of Allegiance 3. Minutes A. Minutes of January 20, 2020 Special Session; January 20, 2020 Regular Session 19-20 Alderman Sorensen moved approval of the January 20, 2020 Special Session and January 20, 2020 Regular Session minutes. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 20-20 Alderman Price moved approval of the agenda. Alderman Holland seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. #LOVermillion Day Proclamation Alderman Sorensen read the proclamation recognizing February 13, 2020 as #LOVermillion Day in Vermillion. Mayor Powell presented the proclamation to Nate Welch. Nate Welch, Executive Director of the VCDC, thanked the Mayor and City Council for the proclamation. 6. Public Hearings - None 7. Old Business A. Second reading of Ordinance 1411 to amend Title XV, Land Usage; Chapter 150 Building Regulation; Section 150.02(B)(7) International Building Code to add roofing and siding as work requiring a permit. 3 Farrel Christensen, Building Official, reported that the Vermillion Historic Preservation Commission approached staff and the City Council with a desire to require permits for siding and roof replacement. Farrel stated that the City’s current codes exempt these type of projects from needing a permit and as a result makes it very difficult for the Historic Preservation Commission to advise property owners of the possible benefits of repairs consistent with the historic character of the property. Farrel stated that it was discovered that most first class cities in South Dakota do require permits for siding and roof replacement. Farrel reported that the City has adopted both the 2018 International Building Code and the 2018 International Residential Code that when adopted there were exceptions for roof and siding replacement permits. Farrel stated that proposed Ordinance No. 1411 amends the International Building Code to remove the permit exception for roof and siding replacement. Farrel stated that first reading of the ordinance was at the January 20th meeting and recommended approval of second reading. Farrel reported that he has been in contact with local contractors who had concerns about how long it might take to get the building permit approved. 21-20 Second reading of title to Ordinance No. 1411 entitled an Ordinance amending Title XV, Land Usage; Chapter 150 Building Regulation; Section 150.02(B)(7) International Building Code to add roofing and siding as work requiring a permit of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Hellwege moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1411 entitled an Ordinance amending Title XV, Land Usage; Chapter 150 Building Regulation; Section 150.02(B)(7) International Building Code to add roofing and siding as work requiring a permit of the City of Vermillion 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 20th day of January, 2020 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 3rd day of February, 2020 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: 4 ORDINANCE 1411 AN ORDINANCE AMENDING TITLE XV: LAND USAGE; CHAPTER 150 BUILDING REGULATIONS SECTION 150.02 INTERNATIONAL BUILDING CODE AS MODIFIED BY THE CITY OF VERMILLION. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Title XV: Land Usage; Chapter 150, Section 150.02(B)(7) and (8) International Building Code of the 2018 International Building Code shall be amended, added, or deleted by the City as follows. All other portions of the 2018 International Building Code as published shall remain the same. (7) “105.1 Permit Required” Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, replace windows, siding, roofs, or change the occupancy of a building or structure of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Fees shall be set by Resolution. The building official may exempt permits for minor work. (a) Replacement windows in existing openings: All window replacement shall require a building permit. Replacement windows shall conform to the code for new construction whenever possible, including but not limited to light, ventilation, safety glazing and egress. Windows that cannot meet the code for new construction within the existing opening shall utilize the opening to its maximum potential to comply. Double hung windows or sliding windows that limit light, ventilation or egress are required to be changed to a casement style or similar to maximize the opening. Windows located in rental housing shall meet the requirement to provide for the health, safety and welfare of the occupants. Exception: The replacement of glazing only, in nonhazardous location shall not require a permit. (b) Siding Replacement Permits for the replacement of siding shall be required when more than 50% of any building wall surface is being replaced or repaired in any given 5-year period. (c) Roof Replacement 5 Permits for re-roofing shall be required when more than 50% of any building roof surface is being replaced or repaired in any given 5-year period. (8) “105.2 Work exempt from permit” Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: (1) through (8) shall remain unchanged. (9) Sidewalks and driveways. A driveway permit is required from the City Engineer. (10) Temporary motion picture, television, and theater stage sets and scenery. (11) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Dated at Vermillion, South Dakota this 3rd day of February, 2020. 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 Humphrey. 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, Mayor Powell-Y Motion carried 8 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. B. Second reading of Ordinance 1412 to amend Title XV, Land Usage; Chapter 150 Building Regulation; Section 150.03(B)(5) International Residential Code to add roofing and siding as work requiring a permit. 6 Farrel Christensen, Building Official, noted that, with the previous agenda item, the City has adopted the 2018 version of both the International Building Code and the International Residential Code. Farrel stated the adoption of both codes were made with exceptions for permits to be issued for roof and siding work. Farrel reported that the previous agenda item was to amend the International Building Code to require permits for roof and siding work. Farrel stated that proposed Ordinance No. 1412 would amend the International Residential Code to remove the building permit exception for roof and siding replacement. Farrel stated that first reading of the ordinance was at the January 20th meeting and recommended approval of second reading. 22-20 Second reading of title to Ordinance No. 1412 entitled an Ordinance Title XV, Land Usage; Chapter 150 Building Regulation; Section 150.03(B)(5) International Residential Code to add roofing and siding as work requiring a permit of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Holland moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1412 entitled an Ordinance Title XV, Land Usage; Chapter 150 Building Regulation; Section 150.03(B)(5) International Residential Code to add roofing and siding as work requiring a permit of the City of Vermillion 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 20th day of January, 2020 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 3rd day of February, 2020 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 1412 AN ORDINANCE AMENDING TITLE XV: LAND USAGE; CHAPTER 150 BUILDING REGULATIONS SECTION 150.03 INTERNATIONAL RESIDENTIAL CODE AS MODIFIED BY THE CITY OF VERMILLION. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Title XV: Land Usage; Chapter 150, Section 150.03(B)(5) and (6) International Residential Code of the 2018 International Residential Code shall be amended, added, or deleted by the City as follows. All 7 other portions of the 2018 International Residential Code as published shall remain the same. (5) “R105.1 Required” Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, replace windows, siding, roofs, or change the occupancy of a building or structure of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Fees shall be set by Resolution. The building official may exempt permits for minor work. (a) Replacement windows in existing openings: All window replacement shall require a building permit. Replacement windows shall conform to the code for new construction whenever possible, including but not limited to light, ventilation, safety glazing and egress. Windows that cannot meet the code for new construction within the existing opening shall utilize the opening to its maximum potential to comply. Double hung windows or sliding windows that limit light, ventilation or egress are required to be changed to a casement style or similar to maximize the opening. Windows located in rental housing shall meet the requirement to provide for the health, safety and welfare of the occupants. Exception: The replacement of glazing only, in nonhazardous location shall not require a permit. (b) Siding Replacement Permits for the replacement of siding shall be required when more than 50% of any building wall surface is being replaced or repaired in any given 5-year period. (c) Roof Replacement Permits for re-roofing shall be required when more than 50% of any building roof surface is being replaced or repaired in any given 5-year period. (6) “R105.2 Work exempt from permit” Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 8 (1) through (8) shall remain unchanged. (9) Sidewalks and driveways. A driveway permit is required from the City Engineer. (10) Temporary motion picture, television, and theater stage sets and scenery. (11) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. Dated at Vermillion, South Dakota this 3rd day of February, 2020. 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 Humphrey. 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, Mayor Powell-Y Motion carried 8 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Resolution adopting fees for roofing and siding permits James Purdy, Assistant City Manager, reported that a resolution establishing fees roofing and siding permits is needed following the adoption of second reading of Ordinances No. 1411 and 1412 which removed the exception for building permits for roofing and siding and provided that a permit fee be set by resolution. James reported that staff is recommending that the fee for roofing and siding permits be set at $25 each which is equal to the fee already established for window permits. James noted that the resolution also provides for a single permit which may combine any or all three permits for a $40 fee. Discussion followed. 23-20 9 After reading the same once, Alderman Holland moved adoption of the following: RESOLUTION ESTABLISHING FEES FOR WINDOW REPLACEMENT IN EXISTING OPENINGS, REPLACING SIDING AND ROOF REPLACEMENT WHEREAS, the City of Vermillion is authorized, under Section 105.1 of International Building Code as adopted and made part of the City of Vermillion Code of Ordinances, to set fees for window replacement, siding replacement and roof replacement by resolution; and WHEREAS, the City of Vermillion is authorized, under Section R105.1 of International Residential Code as adopted and made part of the City of Vermillion Code of Ordinances, to set fees for window replacement, siding replacement and roof replacement by resolution; and WHEREAS, the City wishes to set the permit fee for window replacement, siding replacement and roof replacement to be the same as the existing window replacement permit fee. NOW, THEREFORE, BE IT RESOLVED, the City Council hereby authorizes the fee for each of the permits listed below to be $25.00 dollars. 1. Window replacement, regardless of the number of windows 2. Siding replacement 3. Roof replacement Any single permit that combines any or all of the above three permits shall be $40.00. Dated at Vermillion, South Dakota this 3rd day of February, 2020 FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. B. Consideration of beginning the process to appoint a Home Rule Committee 10 John Prescott, City Manager, reported that last year a Home Rule study committee was appointed to review whether it made sense for Vermillion to consider appointing a Home Rule committee to bring a Home Rule charter forward for action. John stated that the committee was chaired by Mike Card with the committee members being Matt Fairholm, Julia Hellwege, Stacey Larson, and Travis Letellier. John noted that the recommendation of the Home Rule Study Committee presented at the January 20, 2020 noon meeting was to proceed with establishing an official Home Rule Charter Committee. John noted that the City Council’s consensus at the noon meeting was to bring the discussion of appointing a Home Rule committee forward to the February 3, 2020 evening meeting for deliberation and possible action. John reviewed the State statute on Home Rule committee noting that, once appointed, the Home Rule Committee has one year to complete their work and that, if approved by the City Council, the change in city government will require a public vote. John stated that the City Council will need to decide on the number of members for the committee, when to make the appointments, if City Council members are going to serve on the committee and a charge for the committee. Discussion followed with consensus for a five-member committee with appointment at the March 2nd City Council meeting to include City Council membership. Discussion followed on the committee charter with John Prescott noting that he could provide a draft for the City Council to consider. John also noted that the Expression of Interest forms could be used like for other Council committees. 24-20 Alderman Sorensen moved that the City proceed with the Home Rule Committee that should be comprised of five members to be appointed at the March 2nd City Council meeting. Alderman Humphrey seconded the motion. Discussion followed on if a City Council member should be on the committee and if they should be a voting member or a non-voting liaison. 25-20 Alderman Ward moved to amend the motion to have the committee include one City Council member as a non-voting liaison member. Alderman Humphrey seconded the motion. The vote on the amendment to the motion carried 8 to 0. Mayor Powell declared the motion amended. Discussion followed. The vote on the original motion (24-20) as amended passed 8 to 0. Mayor Powell declared the motion adopted. C. Motion to authorize staff to accept quotes for emergency repair of water line 11 Shane Griese, Utility Manager, reported that a leak has been detected in the 6-inch water main that crosses under the Vermillion River on South Dakota Street. Shane stated that the main replacement will consist of developing plans for the replacement of the existing main, obtaining soil boring samples, and hiring a directional boring company to bore a new water main under the river that will be connected to the existing water main. Shane noted that the river boring portion of the project is estimated at $70,000 to $100,000 and, as the boring contract is estimated to exceed $50,000, State statute would require competitive sealed bid process to be used for awarding this contract. Shane stated that the location and weather limit our ability to isolate and by-pass the problem area and due to this we would like to expedite the process. Shane reviewed the state statute which allows for emergency procurement without the time involved in advertising for bids. Shane stated that the extent of the damage to the existing water main cannot be determined or how long it will continue to supply water to the customers’ south of the river. Staff would request that the City Council declare the replacement of the water main an emergency. Shane stated that staff will work with Banner Engineering to obtain at least two quotes (more if possible) from companies to bore the replacement water main under the river and interconnect to the existing water main. Shane also noted that staff will look at the cost of increasing the water main size to 8-inches at this time to prepare the system for future needs. Shane stated that all information on the quotes and contracts will be documented in the contract file as well as provided to the City Council. Discussion followed. 26-20 Alderman Holland moved to declare the replacement of the water main an emergency and authorize staff to contract for the water main replacement by using quotes as outlined in SDCL 5-18A-9. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. D. Resolution authorizing the purchase of five vehicles Jose Dominguez, City Engineer, reported that the 2020 equipment replacement budget included the replacement of two police vehicles and pickups for Code Enforcement, Water Department and Electric Department. Jose reported that staff compared prices from the State Contract with similar vehicles from Vermillion Ford and Sourcewell. Jose noted that the State Contract price was lower on all five vehicles. Jose reported that, when purchasing equipment, the City has several options based on State statutes. Jose noted that as the purchase of similar vehicles exceeded $50,000 bidding would be required unless an exception such as purchase from an already awarded contract that was awarded within 12- months as long as the awarded bid followed the bidding process (5-18A- 12 22(3)), purchase from a purchasing agency (5-18A-37), or purchase from the state contract list as long as the purchased item is at, or below, the price on the state contract list (5-18C-8). Jose reported that Vermillion Ford was provided the specifications for vehicles based on the awarded State contract prices. Jose noted that Vermillion Ford provided very favorable prices when compared to the Sourcewell prices but the Vermillion Ford prices were not equal to or lower than the State bid prices. Jose noted that staff would like to recommend that the City Council purchase the vehicles from Vermillion Ford but the statute being used (5-18C-8) does not allow for this. Jose stated that the prices from Vermillion Ford would have had to be the same, or lower, than the State bid prices and the statute does not allow for preference to local vendors. Jose recommended approving the Resolution to purchase the following vehicles from the State awarded bidder (Lamb Motors from Oneida, SD); two 2020 Ford Interceptor SUV for $71,714, and three 2020 Ford F150 XLT, 4x4, Regular Cab for $83,814 with the price including delivery to Vermillion. Discussion followed noting the desire to purchase locally but the State statute would require the local price to be equal or below the State contract price. Prices: State Contract - (2) 2020 Ford Interceptors SUV $35,857 each total $71,714, (3) 2020 Ford F150 XLT 4x4 regular cab pickups $27,938 each total $83,814; Sourcewell - (2) 2020 Ford Interceptors SUV $36,577 each total $73,154, (3) 2020 Ford F150 XLT 4x4 regular cab pickups $29,544 each total $88,632; Vermillion Ford - (2) 2020 Ford Interceptors SUV $35,982 each total $71,964, (3) 2020 Ford F150 XLT 4x4 regular cab pickups $28,000 each total $84,000. 27-20 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF FIVE VEHICLES WHEREAS, SDCL 5-18C-8 authorizes a governmental entity to purchase from a state contract list, or from any willing vendor at a price at or below that shown in the state contract; and WHEREAS, the City of Vermillion approached the local dealer to see if they could match the price found in the state contract for two 2020 Ford Interceptor SUVs and three 2020 Ford F150 XLT, 4x4, Regular Cab pickup trucks; and WHEREAS, after the prices from the local dealer were compared with the state contract price it was found that the state’s contract price was still lower; and 13 WHEREAS, Lamb Motors of Oneida, South Dakota, is the holder of the State contract for the above listed vehicles and is willing to allow the City to purchase the vehicles for the price with delivery to Vermillion. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase two 2020 Ford Interceptor SUVs ($35,857 per vehicle) and three 2020 Ford F150 XLT, 4x4, Regular Cab pickup trucks ($27,938 per vehicle) from Lamb Motors of Oneida, South Dakota, at the above stated price of $155,528. Dated at Vermillion, South Dakota this 3rd day of February, 2020. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. E. Resolution authorizing the purchase of a utility vehicle Jose Dominguez, City Engineer, reported that the 2020 equipment replacement budget included the replacement of a Parks and Recreation utility vehicle. Jose reported that State statute 5-18A-22(19) allows cities to purchase equipment that cost less than $50,000 without bidding. Jose stated that contacts were made to utility vehicle vendors in the area to get quotes for a replacement vehicle with one quote received. Jose reported that the quote received was from Yankton Motorsports, Yankton, SD, for a 2020 Kawasaki Mule Pro FX EPS for $16,948.40. Jose recommended approval of the resolution authorizing the purchase of one 2020 Kawasaki Mule Pro FX EPS from Yankton Motorsports for $16,948.40. Discussion followed. 28-20 After reading the same once, Alderman Hellwege moved adoption of the following: 14 RESOLUTION AUTHORIZING THE PURCHASE OF A UTILITY VEHICLE WHEREAS, SDCL 5-18A-22(19) exempts governmental entity from bidding requirements when purchasing equipment involving the expenditure of less than $50,000; and WHEREAS, the City of Vermillion received a quote from Yankton Motorsports, Yankton, SD for a 2020 Kawasaki Mule Pro FX EPS for $16,948.40. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase one 2020 Kawasaki Mule Pro FX EPS from Yankton Motorsports of Yankton, South Dakota, at the above listed stated price of $16,948.40. Dated at Vermillion, South Dakota this 3rd day of February, 2020. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Collier-Wise. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. F. Resolution authorizing the purchase of two mowers Jose Dominguez, City Engineer, reported that the 2020 equipment replacement budget included the replacement of a 2009 mower and a 1993 seeder. Jose stated that, since the budget meetings, a Spartan mower that was purchased in 2017 which is scheduled to be replaced in 2022 is in dire need of replacement. Jose reported that staff is proposing to delay the replacement of the seeder, as it still works, and replace the 2017 mower as it is a higher priority. Jose reported that State statute 5- 18A-22(19) allows cities to purchase equipment that cost less than $50,000 without bidding. Jose reported that staff would like to replace the 2009 mower as planned in the 2020 budget and the 2017 Spartan mower which has failed with two new Hustler mowers. Jose reported that the quotes received from Vermillion Ace Hardware, Vermillion, SD, for a 2020 Hustler 60” SD 35HP and a 2020 Hustler 72” RD 27HP for $25,192.44. Jose 15 recommended approval of the resolution authorizing the purchase of one 2020 Hustler 60” SD 35HP for $13,818.31 and one 2020 Hustler 72” RD 27HP for $11,374.13 from Vermillion Ace Hardware for a total purchase cost of $25,192.44. Discussion followed. 29-20 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF TWO MOWERS WHEREAS, SDCL 5-18A-22(19) exempts governmental entity from bidding requirements when purchasing equipment involving the expenditure of less than $50,000; and WHEREAS, the City of Vermillion received a quote from Vermillion Ace Hardware, Vermillion, SD for a 2020 Hustler 60” SD 35HP for $13,818.31; and WHEREAS, the City of Vermillion received another quote from Vermillion Ace Hardware, Vermillion, SD for a 2020 Hustler 72” RD 27HP for $11,374.13. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase one 2020 Hustler 60” SD 35HP and one 2020 Hustler 72” RD 27HP from Vermillion Ace Hardware of Vermillion, South Dakota, at the above listed stated price of $25,192.44. Dated at Vermillion, South Dakota this 3rd day of February, 2020. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ John E. (Jack) Powell, Mayor ATTEST: By_________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. 9. Bid Openings 16 A. Fuel quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on all three items. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $1.9571, Brunick’s Service $2.03, Jerry’s Service $2.17; Item 2 – 3,000 gal No. 1 & 2 Diesel fuel dyed: Stern Oil $1.8931, Brunick’s Service $1.99, Jerry’s Service $2.33; Item 3 - 1,000 gal No. 1 & 2 diesel fuel-clear: Stern Oil $2.1808, Brunick’s Service $2.24, Jerry’s Service $2.61. 30-20 Alderman Price moved approval of the low quote of Stern Oil on three items. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that a raffle notification submitted today that was handed out tonight from the USD Class of 2021 School of Law who will be selling 100 -$20 raffle tickets from February 4 to April 6, 2020 with four winners receiving cash prizes of $200. The proceeds from the raffle will be used for graduation, hooding ceremony and other class events. B. John reported that the Heroes Behind the Badge Blood Drive’s second opportunity to donate is on Saturday, February 8th from 8:00 a.m. to 1:00 p.m. at the USD School of Medicine at the corner of Clark and Dakota Street. Donors can vote for the Police Department or Fire Department in this friendly competition. C. John reported that Kidder Street from Court Street to the alley between Court and Market Street will be closed on Sunday, February 15th from 11:00 a.m. to 7:00 p.m. for the Special Olympics Polar Plunge event. D. John reported that the next City Council meeting is on Tuesday, February 18, 2020 due to the Presidents Day holiday on Monday, February 17th. PAYROLL ADDITIONS AND CHANGES General: Jade Muller-Smit $9.30/hr, Taylor Wipf $9.30/hr; Ambulance: Madison Christensen $11.00/hr-$11.00/training hr-$16.50/holiday hr, Chase Howe $11.00/hr-$11.00/training hr-$16.50/holiday hr, Zach Laabs $11.00/hr-$11.00/training hr-$16.50/holiday hr, Maria Ordonez $11.00/hr- $11.00/training hr-$16.50/holiday hr 11. Invoices Payable 17 31-20 Alderman Hellwege moved approval of the following invoices: A-OX Welding Supply Co chemicals 1,216.50 A.R.K Media Accounting Service advertising 135.00 Action Lawn Service tree removal-bluffs 24,500.00 Allegiant Emergency Service repairs 315.57 American Underground Supply supplies 218.46 Appeara shop towels 45.00 Aramark Uniform Services uniform cleaning 400.80 Argus Leader Media #1085 subscription 28.00 Banner Associates, Inc professional services 1,620.70 Blackstone Publishing books 100.00 Book Systems, Inc subscription 4,165.00 Border States Elec Supply uniforms 229.50 Bound Tree Medical, LLC supplies 2,916.47 Brandon Steeneck meals reimbursement 37.00 Bronzeage Art Casting, LLC sculpture repairs 262.50 Butch's Propane Inc propane 2,349.00 Butler Machinery Co. parts 873.07 Callaway Golf merchandise 369.05 Cardis Fence & Iron Co fence repairs 1,850.00 Cask & Cork merchandise 878.50 CDW Government, Inc supplies 623.47 Century Business Products copier contract/copies 192.93 CenturyLink telephone 696.20 Chad Christopherson meals reimbursement 37.00 City Of Vermillion postage/copies 996.54 City Of Vermillion utility bills 34,175.55 Clubhouse Hotel & Suites lodging 1,978.79 Coast To Coast Solutions supplies 236.98 Colonial Life Acc Ins. insurance 1,528.78 Core & Main LP supplies 1,607.78 Cornhusker International parts 29.28 Coyote Chemical Company hi-pressure wand 21.70 Curt Haakinson meals/mileage reimbursement 203.49 Dakota Beverage merchandise 8,187.98 Dakota Pc Warehouse computers/repairs 5,057.75 Dakota Riggers & Tool Supply supplies 158.74 Dale Husby meals reimbursement 74.00 Danko Emergency Equipment supplies 2,307.30 Delta Dental Plan insurance 6,306.46 18 Demco supplies 133.21 Dennis Martens maintenance 833.34 Derek Ronning gym membership reimbursement 250.00 Donald Zacher refund parking tckt overpmt 5.00 Dubois Chemicals soda ash 14,564.00 Echo Electric Supply supplies 1,098.63 Electric Pump, Inc parts 382.77 Elliott Equipment Co parts 754.25 Eric Birkeland safety boots reimbursement 100.00 Extendobed LLC fire equipment 6,484.00 Farmer Brothers Co. supplies 143.70 Fast Auto Glass repairs 451.83 Fastenal Company supplies 40.79 Fields Outdoor Adventures supplies 5,220.00 Foreman Media council mtg 100.00 Fred Balleweg meals reimbursement 74.00 Frontier Precision, Inc eng software license upgrade 1,170.00 Global Dist merchandise 189.56 Graham Tire Co. tires 1,185.28 Grainger motors 258.51 Graymont Capital Inc chemicals 8,065.44 Gregg Peters freight 1,419.20 Gregg Peters rent 937.50 Hansen Locksmithing repairs 434.17 Hartington Tree LLC trees 938.00 Herren-Schempp Building supplies 33.60 High Point Networks professional services 218.75 Hy Vee Food Store supplies 21.84 In Control, Inc professional services 432.00 Industrial Chem Labs supplies 221.11 Ingram books 1,831.34 Interstate Power Systems maintenance inspection 554.00 Jacks Uniform & Eqpt uniforms 1,512.53 Jim Balleweg safety boots reimbursement 100.00 John A Conkling Dist. merchandise 3,404.75 Johnsen Heating & Cooling repairs 405.51 Johnson Brothers Of SD merchandise 7,412.14 Jones Food Center supplies 492.93 Karsten Mfg Corp merchandise 635.70 Lawson Products Inc supplies 1,434.22 Laynes World fire ems awards/decals 245.08 Lessman Elec. Supply Co light fixtures 119.40 Lion Group, Inc firefighter equipment repairs 3,360.00 19 Loffler toner cartridges 151.00 Mailfinance postage meter lease 234.24 Malloy Electric parts 48.16 Mart Auto Body towing 825.00 Matheson Tri-Gas, Inc medical oxygen/cylinder rental 688.78 Matthew Nelson meals reimbursement 37.00 McCulloch Law Office professional services 2,460.50 Mead Lumber supplies 12.19 Menards supplies 857.38 MES-Municipal Emergency Service docking stations 4,190.78 Michael Heine meals reimbursement 74.00 Mid-States Org. Crime membership 150.00 Midwest Alarm Co alarm monitoring 153.00 Miles Or Lisa Beacom refund ambulance overpmt 1,050.70 Minn Municipal Utility Assoc 1st qtr safety mgmt program 6,737.50 Mobotrex Mobility & Traffic repairs 214.00 MSC Industrial Supply Co supplies 224.75 National Music Museum contribution 15,000.00 NCL Of Wisconsin, Inc testing strips 15.27 Netsys+ professional services/repairs 1,257.30 Northwestern University Center registration 4,000.00 O'Reilly Auto Parts parts 144.28 Overhead Door Of Sioux City repairs 736.00 Pak-Rite supplies 201.78 Penguin Management Inc software subscription 1,548.00 Penworthy Company books 112.32 Pfeifer Implement Co. fuel filters 48.69 Phil Wiebelhaus meals reimbursement 37.00 Presto-X-Company inspection/treatment 62.00 Print Source printing 164.00 Pro Auto Inc repairs 64.50 Pro-Tainer repairs 100.00 Prochem Dynamics supplies 255.04 Property Maintenance Service snow removal 627.50 Quality Welding & Mfg sculpture repairs 433.67 Quill supplies 689.27 Racom Corporation maintenance contract 1,592.95 Recorded Books, Inc books 97.87 Redi Towing towing 225.00 Relab Software, LLC maintenance agreement 2,920.00 Republic National Distributing merchandise 8,385.20 Rons Auto Glass, Inc replace windshield 245.00 Running Supply, LLC supplies 1,506.23 20 Sanford Health Occupational testing 844.00 Sanford Health Plan participation fees 54.00 Sanford USD Medical Center supplies 219.33 Sanford Vermillion Medical vaccinations 468.00 Schaeffer Mfg. Co supplies 708.00 SD City Mgmt Association membership dues 300.00 SD Dept Of Health testing 150.00 SD Dept Of Public Safety teletype service 3,590.00 SD Magazine books 34.95 SD Municipal League registration 60.00 SD Retirement System contributions 39,393.33 SDGCSA registration 630.00 Service Master Of Se SD custodial 3,409.68 SESDAC, Inc public transit funding 8,000.00 Sioux City Foundry Co cutting edges 2,376.00 Siouxland Scale Service inspection/repairs 489.48 Snap-On Industrial parts 777.32 Sooland Bobcat parts 1,046.02 Southern Glazer's Of SD merchandise 1,168.25 Staples Business Credit supplies 1,129.15 Stewart Oil-Tire Co repairs 24.95 Storey Kenworthy/Matt Parrot year-end forms 99.44 Stryker Sales Corporation ambulance equipment 8,069.13 Stuart C. Irby Co. supplies 4,055.00 Sturdevants Auto Parts parts 2,261.28 Superior Hood Steamers, Inc hood/vent cleaning 740.18 Syncb/Amazon books/dvds/supplies 792.48 T's Plumbing & Home Repair repairs 718.36 Teleflex LLC supplies 612.50 The Home Depot Pro bulletin board 830.00 The Ups Store #6751 shipping 19.53 Titleist-Acushnet Company merchandise 667.01 Todd Halverson safety glasses reimbursement 150.00 Tractor Supply Credit Plan supplies 177.55 Traf-O-Teria System, Inc parking ticket envelopes 473.47 Treasurer-Clay County storm drainage fee 125.28 Triview Communications phone system computer 799.50 Turner Plumbing repairs 235.12 Twin City Hardware keys 100.78 Two Way Solutions radio equipment 1,094.95 Tyler Technologies maintenance 27,226.06 United Laboratories supplies 759.98 United Way contributions 425.50 21 Unum Life Insurance Company insurance 1,551.10 Valiant Vineyards merchandise 472.30 Van Diest Supply Co supplies 665.25 Vast Broadband 911 circuit/dialup service 1,415.45 Verizon Wireless cell phones/ipad access 2,163.63 Verizon Wireless-Vsat supplies 50.00 Vermillion Ace Hardware supplies 1,460.77 Vermillion Chamber Of Commerce bid #1 4th quarter 13,230.00 Vermillion Ford repairs 2,001.17 Visa/First Bank & Trust fuel/lodging/supplies 11,162.84 Wade Mount meals reimbursement 74.00 Wal-Mart Community supplies 863.81 Walker Construction snow removal 450.00 Wesco Distribution, Inc supplies 1,427.20 Yankton Fire & Safety extinguishers 485.00 Yankton Janitorial Supply supplies 239.50 Yankton Motorsports LLC parts 443.85 Zee Medical Service supplies 162.10 Ziegler Inc parts 32.30 Lacey Behl Bright Energy Rebate 400.00 Andy Karantinos Bright Energy Rebate 150.00 Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of February 18, 2020 for a special daily malt beverage and wine license for the Vermillion Area Chamber of Commerce and Development Company on or about April 2, 2020 at the Sanford Coyote Sports Center Main Competition Court and Concourse at 1101 N Dakota Street for the annual banquet 32-20 Alderman Price moved approval of the consensus agenda. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 33-20 Alderman Ward moved to adjourn the Council Meeting at 7:49 p.m. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 3rd day of February, 2020. 22 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 ___________. 23 6. Public Hearing; item a Council Agenda Memo From: Mike Carlson, Finance Officer Meeting: February 18, 2020 Subject: Special Daily Malt Beverage License for the Vermillion Area Chamber & Development Company for the annual banquet on April 2, 2020 at the Sanford Coyote Sports Center Main competition court and concourse at 1101 North Dakota Street Presenter: Mike Carlson Background: The Vermillion Area Chamber & Development Company has submitted an application for a special daily malt beverage and wine license for their annual banquet on Thursday, April 2, 2020 at the Sanford Coyote Sports Center Main competition court and concourse at 1101 North Dakota Street. Our city ordinance on special daily licenses reads as follows: 112.18 SPECIAL LICENSES FOR SALES OF MALT BEVERAGES AND/OR WINE. The City Council may recommend to the State Department of Revenue that a special malt beverage and/or wine license may be granted to a civic, charitable, educational or fraternal organization in conjunction with a special event. The granting of the special license shall be subject to such conditions and restrictions, as the City Council may deem appropriate and consistent with state law. The fee for such license shall be set by resolution of the City Council. State Statute for the special daily licenses is as follows: 35-4-124. Special alcoholic beverage licenses issued in conjunction with special events. Any municipality or county may issue: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by the special events license applicant; (3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; or (4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any 6. Public Hearing; item a licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealer’s licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12. Any license issued pursuant to this section may be issued for a period of time established by the municipality or county. However, no period of time may exceed fifteen consecutive days. The local governing body may establish rules to regulate and restrict the operation of the special license. Discussion: Attached are the Police Chief’s memo and notice of public hearing. As the event will be held on USD property, the VCDC has indicated that the USD President has given permission for the event. The Police Chief’s memo indicates that the VCDC will be using a local restaurant to provide staff who will be checking identification. There have not been any issues with previous events. Financial Consideration: The City has received the $20 per day license fee and $15 advertising fee for a total of $35 from the applicant. Conclusion/Recommendations: Administration recommends approving the issuance of the special daily malt beverage and wine license to the VCDC for their annual banquet on April 2, 2020 at the USD Coyote Sports Center, unless information is presented at the public hearing to the contrary. 6. Public Hearings; item b Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: February 18, 2020 Subject: Vacation of Alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smith’s Addition, City of Vermillion, Clay County, South Dakota Presenter: Jose Dominguez Background: The City received petitions to vacate the alleyway right-of-way adjacent to Lots 1 through 6 and Lot 7, Block 74, Smith’s Addition. There are four individual property owners owning property along this alleyway. All four property owners submitted petitions to the City for the vacation of the alley. There are several private utilities running through the alleyway. The utility providers were contacted by the one of the owners seeking the vacation of the alleyway. The utilities have agreed with the vacation as long as a utility easement is maintained in the same area for their use. Additionally, the City has an electric utility line on the south side of the alley. Discussion: There are two statutes that direct municipalities how to vacate street/alley right-of-way. One of the statutes is used when the street/alley has not been used for more than 20-years (SDCL 9-45-10). The alley is currently open and has been used during the last 20-years. The second statute states that if the street/alley has been used in the last 20-years, then the City Council needs to follow SDCL 9-45-9. This statute requires a public hearing where the City Council will hear all evidence and testimony of the parties interested in vacating the alley. After the hearing, the City Council may declare the alley vacated by a resolution passed by 2/3 (in our case 6 alderman) of all of the members of the City Council. It should be noted that the City did not initiate this vacation. The vacation process was initiated by the adjacent property owners. They have been discussing an alley vacation in some form since 2018. 6. Public Hearings; item b When vacating a used street/alley, Staff considers the impact to: access to properties, fire protection, and general traffic. Access to Properties All of the adjoining property owners have signed the petition to vacate the alley. There are two properties that use the alley to access their properties. It is assumed that since the adjoining property owners initiated the vacation process they have taken into consideration access to their properties. Fire Protection In discussions with the Fire Department, the vacation of the alley does not negatively impact the City’s ability to combat a fire. Even with the alley in use, a fire apparatus would not be deployed into the alley due to the size of the equipment and the width of the alley. Additionally, the closest hydrants are on the corner of Main and Harvard and Forest and Summer. General Traffic The great majority of traffic that uses the alley is generated by the adjoining property owners. If traffic needed to be diverted away from Main Street, the traffic would be asked to use Summer Street, and not the alley. Financial Consideration: The City will record the vacation at a cost of $30.00. Conclusion/Recommendations: Administration recommends the vacation of the alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smith’s Addition, City of Vermillion, Clay County, South Dakota, and maintaining a 20-foot utility easement in the space occupied by the vacated alley. RESOLUTION VACATING THE RIGHT-OF-WAY LYING BETWEEN LOTS 1 THROUGH 6 AND LOT 7, BLOCK 74, SMITHS ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA WHEREAS, the City of Vermillion has received a petition for the vacation of the 20-foot wide alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smiths Addition, City of Vermillion, Clay County, South Dakota; and, WHEREAS, notice has been published for two successive weeks in the official City newspaper; and, WHEREAS, utilities have been notified and have requested that a 20-foot utility easement be reserved and maintained throughout the above described alleyway; and, WHEREAS, the property owners on each side of the alley have acknowledged reservation and maintenance of a 20-foot easement for location, construction, installation, maintenance, reconstruction, repair and operation of utilities along and across the above described alleyway; and, WHEREAS, State Statute 9-45-9 authorizes the City Council to vacate streets, alleys or public grounds, that have been in use. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Vermillion that the alleyway lying between Lots 1 through 6 and Lot 7, Block 74, Smiths Addition, City of Vermillion, Clay County, South Dakota is hereby vacated; and that a 20-foot utility easement be reserved and maintained on the previously described alleyway. Dated at Vermillion, South Dakota this 18th day of February 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_____________________________ John E. (Jack) Powell, Mayor ATTEST: By_______________________________ Michael D. Carlson, Finance Officer 8. New Business; item a Council Agenda Memo From: John Prescott, City Manager Meeting: February 18, 2020 Subject: Home Rule Charter Committee charge Presenter: John Prescott Background: Last year a home rule study committee was appointed to review whether it made sense for Vermillion to consider appointing a Home Rule Charter Committee to bring a home rule charter forward for action. The recommendation of the Home Rule Study Committee presented at the January 20, 2020 Noon meeting was to proceed with establishing an official Home Rule Charter Committee. The Home Rule Study Committee offered that Home Rule would enable the City to meet previously unseen challenges and to enable the City Council to authorize even more responsive services for Vermillion residents. The report with the Committee’s recommendation is available on the City’s website. At the February 3, 2020 meeting, the City Council approved establishing a five-person Home Rule Charter Committee. It was also proposed that one City Council member also serve on the Committee as a non-voting member. The City is currently seeking members to serve on the Home Rule Charter Committee. It is anticipated that the City Council will make appointments to the Home Rule Charter Committee at the March 2, 2020 meeting. Discussion: During the discussion at the February 18, 2020 meeting, the need for a Committee Charge was discussed. Staff has been working on a charge for the Home Rule Committee. The following is proposed as a charge for the Home Rule Committee: Develop a home rule charter for presentation to and consideration by the City Council prior to August 1, 2020. Should additional time be needed, the Committee is requested to notify the City Manager. A home rule charter should be developed that does not change the form of government from the City Council/City Manager form. The Committee will host multiple public meetings to receive input and educate the public on the home rule charter. The City Council desires to place the question of adopting a home rule charter before the voters of the City of Vermillion at the November 3, 2020 general election. A final report must be completed by March 1, 2021. 8. New Business; item a Financial Consideration: The approval of the charge for the Home Rule Charter Committee does not have a cost. Conclusion/Recommendations: Administration recommends the City Council move forward with adopting a charge for the Home Rule Charter Committee. 9. Bid Openings; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: February 18, 2020 Subject: Bid Opening for Janitorial Services for City of Vermillion Facilities Presenter: Jose Dominguez Background: Since February 2017 the City has contracted with a company to perform janitorial services for multiple City owned buildings. The original contract was for one year with the option for two one-year renewals. The current amount for the expiring one- year contract is $40,162.12. The annual amount has fluctuated since 2017 partially due to additions or reductions in the areas to be cleaned. The last one-year renewal with Service Masters of Southeast South Dakota, will be expiring on February 20, 2020. They have had the janitorial contract since February 2017. Discussion: State statute 5-18A-14 requires that all contracts for services that are $25,000 or more be bid. The City requested bids from four cleaning services and published, as is required, the notice in the local newspaper. The City again sought bids for a one-year agreement with the option for two one-year renewals. The City received two bids. The low bid was from Service Master of S.E. South Dakota, Yankton, for $44,160.31. The other bid received was from Professional Pro Clean, Rapid City, for $47,880.00. The buildings cleaned through the janitorial contract are the Service Center, the National Guard Armory, Recycling Center, Waste Water Treatment Plant, Edith B. Siegrest Vermillion Public Library, and the Vermillion Fire and EMS, Station 1. The other City buildings are cleaned by City employees. Financial Consideration: The 2020 budget includes sufficient funding for the proposed janitorial services contract. Conclusion/Recommendations: Administration recommends accepting the low bid of $44,160.31 from Service Master of S.E. South Dakota for janitorial services. CITY OF VERMILLION INVOICES PAYABLE-FEBRUARY 18, 2020 1 A & A REFRIGERATION REPAIRS 231.75 2 ABSOLUTE SUPPLIERS, INC SEWAGE PUMP 767.00 3 AT&T MOBILITY MOBILE HOT SPOTS 394.51 4 BLUETARP FINANCIAL, INC SUPPLIES 437.46 5 BROADCASTER PRESS ADVERTISING 751.24 6 BRUNICK'S SERVICE INC FUEL 17,594.23 7 BUHL'S CLEANERS MAT/MOP SERVICE 467.06 8 BUREAU OF ADMINISTRATION TELEPHONE 215.45 9 CASK & CORK MERCHANDISE 1,887.50 10 CENTURYLINK TELEPHONE 1,588.67 11 CLAY RURAL WATER SYSTEM WATER USAGE 53.90 12 CLAY-UNION ELECTRIC CORP ELECTRICITY 2,262.55 13 CLUBHOUSE HOTEL & SUITES LODGING 618.00 14 DAKOTA BEVERAGE MERCHANDISE 7,898.05 15 DIVISION OF MOTOR VEHICLE TITLE/PLATES 21.20 16 ECHO ELECTRIC SUPPLY SUPPLIES 157.80 17 FARMERS PRIDE OIL 930.83 18 GLOBAL DIST. MERCHANDISE 118.14 19 GREGG PETERS MANAGERS FEE 6,000.00 20 IN CONTROL, INC OPERATION INTERFACE TERMINAL 15,171.61 21 JOHN A CONKLING DIST. MERCHANDISE 4,393.65 22 JOHNSON BROTHERS OF SD MERCHANDISE 31,909.59 23 JONES FOOD CENTER SUPPLIES 214.38 24 LESSMAN ELEC. SUPPLY CO SUPPLIES 695.00 25 MARK CLARK REIMBURSE TRAVEL EXPENSES 1,517.01 26 MART AUTO BODY TOW CHARGE 75.00 27 MATHESON TRI-GAS, INC CYLINDER RENTAL 87.13 28 MIDAMERICAN GAS USAGE 8,296.20 29 MIDCONTINENT COMMUNICATION CABLE/INTERNET SERVICE 746.57 30 NEOFUNDS POSTAGE FOR METER 1,208.08 31 NETSYS+ SUBSCRIPTION RENEWAL 29.00 32 PLAIN TALK PUBLISHERS SUBSCRIPTION 26.00 33 PRINT SOURCE ENVELOPES 110.00 34 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 36,777.58 35 RUNNING SUPPLY, LLC SUPPLIES 571.60 36 SD DENR LANDFILL OPERATIONS FEE 3,027.49 37 SOUTHERN GLAZER'S OF SD MERCHANDISE 3,490.10 38 STURDEVANTS AUTO PARTS PARTS 69.26 39 SYNCB/AMAZON DVDS/BOOKS/SUPPLIES 399.54 40 THE EQUALIZER ADVERTISING 194.00 41 TRACTOR SUPPLY CREDIT PLAN PARTS 2.99 42 US POSTMASTER POSTAGE FOR UTILITY BILLS 975.00 43 UTILITY EQUIPMENT CO. WATER METERS 13,000.00 44 VERMILLION ACE HARDWARE SUPPLIES 236.46 45 VERMILLION YOUTH WRESTLING ONLINE REGISTRATION 1,651.80 46 VESSCO, INC REPAIRS 3,417.47 47 WASTE MANAGEMENT OF WI-MN WASTE HAULING 915.80 48 CHELSEY HARRRINGTON BRIGHT ENERGY REBATE 400.00 49 AMS BUILDING SYSTEMS BRIGHT ENERGY REBATE 373.58 GRANT TOTAL $172,377.23

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