City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session November 16, 2020 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, November 16, 2020 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise (all joined by teleconference) 2. Visitors to be Heard - None 3. Update on CARES Act funding proposals – City Manager John Prescott John Prescott, City Manager, presented information on the CARES Act funding being passed from the State to reimburse expenses incurred by the City. John noted that the State allocated $2,470,104 to the City to reimburse expenses incurred for public safety payroll, administrative payroll related to COVID activities, COVID related sick leave and family leave for employees along with protective equipment and other COVID related items. John noted that the reimbursement is for expenses incurred until year end. John noted that, to date, the City has collected $1,567,940 as reimbursement for CARES Act costs incurred. John noted that the projections for public safety wages, administrative payroll and COVID sick/family leave to year end is $450,000 and the estimate for expenditures for other COVID related costs is $156,500 to year end. John noted that currently we will not have enough expenses to receive the full allotment but that staff is reviewing all options. John reported that in July and August 2020 there was discussion with the City Council on the use of the funds but at that time it was suggested to wait until later in the year to review any other impacts on the City revenues or expenses. John noted that the use of the CARES Act funds will be to reimburse departments for direct expenses they have while wage reimbursements can be utilized in a way that directly and indirectly benefits the community now or into the future. John noted that we want to position the organization to best withstand COVID-19 impacts on the City operations. John proposed the following uses of the CARES Act funds: Transfer $500,000 to Equipment replacement fund of which $200,000 is for equipment replacement reserves for future equipment purchases and $300,000 for reduced rents in 2022-2024 Transfer $125,000 to Water fund for the costs of the Dakota Street water line replacement and to delay a 2021 water rate increase 1  General Fund to retain $250,000 for any future costs that are not known at this time and if they do not materialize this can be reviewed with the revised 2021 budget Transfer $225,000 to Stormwater Fund to assist with the SD Highway 50 storm drainage project Transfer $50,000 to Curbside Recycling to replace lost revenue and for a portable compactor to assist with collection Transfer $100,000 to Golf Course Fund to replace lost tournament and reduced clubhouse revenues Transfer $100,000 to BBB Sales Tax Fund to replace reduced revenues needed to meet obligations and future economic development projects Council Chambers audio and visual upgrade at an estimated cost of $70,000 to update equipment for assist with electronic meetings LED light conversion project estimated at $60,000 for various City facilities for long term energy savings Allocate $500,000 for Streetscape Project funding as the project costs continue to grow and there is a limited ability to assess the costs John stated that some funds are being retained in reserve for unforeseen items while at the same time moving these projects forward. John asked the City Council for direction on the projects noting that the Council Chambers audio visual conversion may qualify for some CARES Act reimbursement if it is completed this year. Discussion followed with John answering questions of the City Council. The consensus of the City Council was to move forward with the Council Chambers audio visual equipment project to improve the quality of the broadcast. 4. Briefing on the November 16, 2020 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 372-20 Alderman Ward moved to adjourn the Council special session at 12:29 p.m. Alderman Holland seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of November, 2020. 2  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Unapproved Minutes City Council Regular Session November 16, 2020 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, November 16, 2020 at 7:00 p.m. by Mayor Collier-Wise. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise (all joined by teleconference) 2. Pledge of Allegiance 3. Minutes A. Minutes of November 2, 2020 Special meeting; November 2, 2020 Regular meeting; November 10, 2020, Special meeting 373-20 Alderman Price moved approval of the November 2, 2020 Special meeting, November 2, 2020 Regular meeting and November 10, 2020, Special meeting minutes. Alderman Hellwege seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier- Wise-Y. Mayor Collier-Wise declared the motion adopted. 4. Adoption of Agenda 374-20 Alderman Hellwege moved approval of the agenda. Alderman Price seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, 3 Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 5. Visitors to be Heard A. Small Business Saturday Proclamation Alderman Price read the proclamation for “Small Business Saturday” recognizing Saturday, November 28, 2020 as Small Business Saturday in Vermillion and encouraged residents to support small business and merchants throughout the year. B. Transgender Day of Remembrance Proclamation Alderman Letellier read the proclamation for “Transgender Day of Remembrance” recognizing November 20, 2020 as Transgender Day of Remembrance in Vermillion as a memorial to all transgender lives lost in the past year due to anti-transgender violence. Alderman Holland noted that the City election canvass went well and thanked the Finance Officer. Alderman Holland wanted to thank Mike Card and the rest of the Home Rule Charter Committee for their work on the Home Rule Charter as well as all the public outreach to explain the Home Rule Charter. Alderman Holland wanted to thank the Planning and Zoning Commission members for their service and thanked Ted Munster and Mike Manning, members who just finished serving on the Commission. 6. Public Hearings A. Annual Liquor and wine license renewals Mike Carlson, Finance Officer, reported that this was the time set for the public hearing for the annual liquor and wine license renewals. Mike stated that the notice of hearing and the Police Chief’s report are included in the packet. Mike stated that, from the police report, there was one license holder that had failed a compliance check and, as required by ordinance, a management plan from JNJ Management, Inc for the Roadhouse is included in the packet. Mike noted that, for City Council actions, the Council may first want to consider the renewal of the retail on-sale liquor license with Sunday sales for the Old Lumber Company, Inc for the Old Lumber Company Bar and Grill at 11 & 15 Court Street. Mike stated that in May 2018 Old Lumber Company, Inc was granted a site transfer of the liquor license to expand into 11 Court Street and at that time the site transfer was approved contingent upon final inspection by the building official. Mike reported that the site expansion has not been completed so the recommendation will continue for the approval of the retail on sales liquor license for the Old Lumber Company, Inc at 11 4 & 15 Court Street with the expansion into 11 Court Street contingent upon the final inspection of the building official. Mike noted that the second action would be to consider the renewal of the balance of the on-sale retail liquor licenses with Sunday sales, retain on-off sale wine licenses and municipal package off sale license. Mike noted that, if not approved, the reason for the denial must be stated. Discussion followed with Alderman Holland asking the City Attorney about the ability to create regulations or progressive fines for license holders that have more than one violation during the year. Jim McCulloch, City Attorney, reported that State statutes apply to license issuance and renewal as well as a procedure to suspend a license where by the City Council only makes a recommendation to the Department of Revenue. Jim noted that, if the fine is to be progressive, the City ordinance may need to be adjusted as well as the City fine resolution. Mayor Collier-Wise asked if the Policy and Procedure Committee could review this item. 375-20 Alderman Hellwege moved approval of reissuance of the following licenses: Re-issuance of On-Sale-Retailer Liquor with Sunday sales: Bebee Street II, LLC. for Carey’s Bar at 18 West Main; Bunyan’s, LLC for Bunyan’s at 1201 West Main; Charcoal Lounge, Inc. for Charcoal Lounge at 6 & 8 East Main; City of Vermillion for The Bluff's Golf Course at 2021 East Main; Fire Works, Inc for Dakota Brick House at 15 West Main Street; Fraternal Order of Eagles for Eagles Club 2421 at 114 West Main; J.N.J. Management, Inc. for The Road House at 911 East Cherry; Leo’s Sports Bar & Grill, LLC for Leo's Lounge at 7 & 11 South Market; Main Street Pub, Inc for Main Street Pub at 11 West Main Street; PR Vermillion, LLC for Pizza Ranch at 912 N Dakota Street; Red Steakhouse, Inc for Red Steakhouse at 1 East Main Street; Re-issuance of Retail On-Off Sale Wine: Aramark Educational Services, Inc for Aramark at Sanford Coyote Center & Dakota Dome 1101 North Dakota; Café Brule, Inc for Café Brule at 24 West Main; Circle 13, LLC for Public Room 13 at 1313 West Cherry; D&D Foods, Inc for Hartford Steak Co Tavern at 7 Court Street; Fire Works, Inc for Dakota Brick House at 15 West Main Street; HyVee Food Stores Inc for HyVee at 525 West Cherry Street; Jon Donald Enterprises, Inc for Silk Road Café at 12 West Main; Mexico Viejo, Inc for Mexico Viejo Mexican Restaurant 432 E Cherry; R & D Management LLC for El Fredo Pizza at 831 East Cherry Street; Red Steakhouse, Inc for Red Steakhouse at 1 East Main Street; Sunset Oil, Inc for Pump N Pak Casino at 629 Stanford St Suite A; Varsity Pub, LLC for The Varsity at 113 East Main Street; Wal-Mart Stores, Inc. for Wal-Mart #3734 at 1207 Princeton Street; Re-issuance of Municipal Off-Sale Package Liquor: City of Vermillion for Municipal Liquor Store at 820 Cottage and the reissuance of the retail on sale liquor license with Sunday sales for Old Lumber Company, Inc. for Old Lumber Company Bar & Grill at 11 & 15 Court St with the expansion into 11 Court Street contingent upon occupancy permit issued by the building official. Alderman Holland seconded the motion. A roll call vote of the 5 Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier- Wise-Y. Mayor Collier-Wise declared the motion adopted. B. Retail (On-Off Sale) Malt Beverage license with South Dakota Farm Wine for PR Vermillion, LLC for Vermillion Pizza Ranch at 912 North Dakota Street Mike Carlson, Finance Officer, reported that an application was received for a retail on-off sale malt beverage and SD Farm wine license for PR Vermillion, LLC for Vermillion Pizza Ranch at 912 North Dakota. Mike stated that the retail on-off sale malt beverage and SD farm wine license is for the licensing period that will expire on June 30, 2021. Mike stated that the notice of hearing and Police Chief’s report are included in the packet. Mike noted that the applicant stated that the license application was to offer off-sale malt beverages as part of their carryout business. Mike reported that the City Council has the ability to issue a license on two criteria: suitable applicant and suitable location. Mike noted that, as to the suitable applicant, an on-sale liquor license has been issued to PR Vermillion, LLC for Vermillion Pizza Ranch since April 2020 with the same corporate officers thus the background check was not requested of the corporate officers. Mike noted that, with respect to the location criteria, an on-sale liquor license has been issued for this location on and off for a number of years. Mike reported that the license fee is $300 with $150 retained by the City. Mike recommended approval of the license unless input from the public hearing provides additional information. Discussion followed. 376-20 Alderman Holland moved approval of the retail on-off sale malt beverage and SD Farm wine license to PR Vermillion, LLC for Vermillion Pizza Ranch at 912 North Dakota. Alderman Humphrey seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. C. Funding from the South Dakota DENR for financial assistance for stormwater improvements along Highway 50 and landfill expansion and closure of cells at the landfill Mike Carlson, Finance Officer, reported that the 2021 budget includes funding for the Highway 50 stormwater improvements project and the landfill expansion of cells 6 and 7 with closure for cells 2 and 3. Mike noted that, to assist with funding these projects, the City with the assistance of SECOG, will be applying for grants and loans in addition to using City reserve funds. Mike noted that the first step was to have the projects placed on the Department of Environment and Natural 6 Resources (DENR) State Water Plan, which was approved by the DENR Board in October. Mike stated that the grant/loan applications are due by December 31, 2020 for consideration at the March 2021 DENR Board meeting. Mike noted that a requirement of the grant/loan program is to conduct a public hearing to explain the funding for the project and accept any public input on the project that was advertised for tonight’s meeting. Mike reported that the landfill project will consist of excavating cells 6 and 7 with the material being used to close cells 2 and 3 and then installing the leachate collection system for the cells. Mike noted that the project cost is estimated at $2,466,000 which will be funded by a $500,000 Solid Waste Management Program Grant, a State Revolving Loan (SRF) of $1,500,000, and local reserves of $466,000. Mike noted that the SRF loan will be for 10 years at 1.875 percent interest. Mike reported that, for the funding application, we are combining the SRF loan and local reserves to see if there will be any principal forgiveness on the total. Mike reported that the Highway 50 stormwater improvement project is being combined with the State Highway 50 improvement project and will be bid and administered by the State. Mike noted that the City will be responsible for reimbursing the State for the stormwater portion of the project. Mike stated that the project consists of installing a 60-inch stormwater pipe in the south Highway 50 ditch to provide additional drainage from Dakota Street west to Overdrive. Mike reported that the project cost is estimated at $3,161,494 which will be funded by a $770,000 Community Development Block Grant (CDBG), that the city was notified today was approved, a State Revolving Loan of $500,000, SD Department of Transportation cost sharing of $696,700, and local stormwater reserves of $1,194,794. Mike noted that the SRF loan will be for 20 years at 2 percent interest. Mike noted that the budget for both projects are included in the packet along with the notice of hearing. Mike noted that Leslie Mastroianni, with SECOG, and Jose Dominguez, City Engineer, are available to answer questions on the projects. Mike stated that the public hearing is a time to explain the financing of the two projects and accept public input with no action required of the City Council. Mike noted that under new business are resolutions authorizing the applications for financial assistance for each project. Discussion followed. Hearing no further comments, Mayor Collier-Wise closed the public hearing. 7. Old Business A. Review of Emergency Resolution encouraging the use of face coverings or face masks and determine continuation of the Emergency Resolution John Prescott, City Manager, reported that the City Council approved an Emergency Resolution encouraging the use of face masks or face coverings in buildings open to the public on October 5, 2020. John noted that the Emergency Resolution became effective on October 11, 2020 and can be 7 effective for up to 60 days. John stated that this Emergency Resolution was very similar to the August 11th Emergency Resolution which expired on October 10, 2020. John stated that both emergency resolutions were designed to promote the use of face coverings to slow the spread of the coronavirus. John stated that the Emergency Resolutions were also designed to provide the language that Emergency Ordinance No. 1419 or Emergency Ordinance No. 1422 cite. John stated that Emergency Ordinance No. 1422 requires the posting of a sign that states that face masks are expected per City resolution. John noted that, during adoption of the resolution as the City Council has done with most other emergency measures, there was discussion that the item would be on each regular City Council meeting agenda for review and consideration of continuation. John reported that no changes to the Emergency Resolution were made at the October 19th or November 2nd City Council meetings. John recommended that the City Council review information related to COVID-19 and the Emergency Resolution recommending face coverings or face masks in buildings open to the public. Mayor Collier-Wise stated that, if there is no action, we will move on to the next item. B. Review of Emergency Ordinance 1422 to require signage at the entrance to buildings open to the public that states Face Masks Expected per City Resolution John Prescott, City Manager, reported that the City Council approved second reading of Emergency Ordinance No. 1422 at the October 19, 2020 regular meeting. John noted that the emergency ordinance become effective upon adoption and can be effective for up to 60 days. John noted that the ordinance requires the posting of a sign at buildings open to the public which states that “Masks are expected per City resolution”. John noted that, as the City Council has done with most other emergency ordinances, there was discussion that the item would be on each regular City Council meeting agenda for review and consideration of continuation. John reported that Emergency Ordinance No. 1422 will expire on December 17, 2020. John reported that no changes to the Emergency Ordinance have been made since adoption on October 19th. John reported that no business has been cited for not being in compliance with Emergency Ordinance No. 1422 and that signs are available at City Hall, the VCDC office or can be printed from the City’s website. John reported that later on the agenda is first reading of emergency Ordinance No. 1425 that will have second reading at the December 7th meeting to be effective on December 18th. John recommended that the City Council review information related to COVID-19 and the Emergency Ordinance No. 1422 requiring the posting of a sign stating “Masks Expected”. Mayor Collier-Wise stated that, if there is no action, we will move on to the next item. C. COVID-19 issues 8 Mayor Collier-Wise noted that this item was requested to be on the agenda for discussion on COVID-19 issues as items continue to evolve. Alderman Jennewein asked residents to continue to wear masks to be considerate of others. Discussion followed on COVID-19 issues. Mayor Collier-Wise stated that, hearing no further discussion, we will move on to the next agenda item. 8. New Business A. Amendment to Consultant Agreement with S.E.H. for Design and Construction Documents for the SD Highway 50 Drainage Improvements Project Jose Dominguez, City Engineer, reported that the City has been working with the SDDOT on the Highway 50 drainage improvements and contracted with S.E.H. to provide design information on March 2,2020. Jose stated that this contract was amended on June 1, 2020 as the DOT had requested the City provide all of the information for the section on the construction plans. Jose stated that the new amendment will cover the costs for the DOT’s last change which was to go from the City providing all of the information for the section in the plans to having a separate and independent set of plans with specifications and this amendment will also cover meetings with SD DENR, SD GOED, and DOT dealing with funding sources and to create reports to secure funding. Jose stated that the original agreement was not to exceed $42,790 with the first amendment not to exceed $29,860 and the second proposed amendment is not to exceed $25,000. Jose reported that, due to the increases in the engineering services work, the City approached the Vermillion Basin Water Development District (VBWDD) for a grant and was awarded a $25,000 grant to cover a portion of the cost to create the report. Jose recommended authorizing the City Manager to sign the second amendment to the contract with S.E.H. adding $25,000 to the new contract total of $97,650. Jose noted that the stormwater fund budget includes funding for the amendment. Discussion followed. 377-20 Alderman Ward moved approval of the second amendment to the consultant services agreement with S.E.H. adding $25,000 for a total contract not to exceed $97,650 and authorized the City Manager to sign. Alderman Holland seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier- Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. B. Agreement with M.L. Dennis Consulting for Work Needed to Create a New Historic District 9 Jose Dominguez, City Engineer, reported that the City Council created the City’s Historic Preservation Commission (HPC) in 2018. Jose noted that the HPC was charged with educating the public on historic preservation, to document and publish information regarding historic preservation and historic sites, to promote the use and conservation of historic properties, and to offer guidance on preservation. Jose noted that the HPC was given the duty to “identify potential new historic sites for possible nomination to the National Register” and, as such, in 2019 the HPC started the process to create a new Historic District. Jose stated that the proposed new Historic District is roughly bounded by East Main Street and Chestnut Street, and South Harvard Street and Linden Avenue. Jose noted that the creation of a Historic District is highly regulated and requires final approvals from State and Federal organizations. Jose reported that the HPC has already held a public meeting with those that may be affected and also completed a “window” survey of the area and it was decided that the area has enough historic properties to create a new Historic District. Jose stated that the remaining steps require that a more detailed survey of the properties be completed and that the appropriate National Register nomination forms be completed and submitted. Jose stated that the HPC requested proposals from consultants knowledgeable with the required processes. Jose noted that the City advertised twice in the local paper and sent the advertisement notice to four possible consultants and received one proposal on October 28th. Jose reported that the proposal was from M.L. Dennis Consulting. Jose stated that the proposal was discussed at the November 4th HPC meeting with a unanimous recommendation that the City Council enter into an agreement with M.L. Dennis Consulting. Jose reported that the agreement with M.L. Dennis Consulting is for $14,000 and is split into two phases. Jose stated that Phase One covers the work needed to complete the survey work to prepare a National Register of Historic Places nomination and recommendation of the composition of the district at a fee of $4,000. Jose stated that the second phase would cover the preparation of the National Register nomination forms at a fee of $10,000. Jose reported that the HPC has received a State grant for $5,000 to assist with the Phase One cost and will need to apply for another grant before proceeding with Phase Two. Jose reported that the agreement is written in such a manner that, if additional funds are not received, the contract can be terminated after the completion of Phase One. Discussion followed on the agreement, the proposed Historic District and the grants. 378-20 Alderman Jennewein moved approval of the agreement with M.L. Dennis Consulting for work needed to create a new Historic District and authorized the City Manager to sign the agreement. Alderman Hellwege seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, 10 Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. C. First Reading of Emergency Ordinance 1425 to require signage at the entrance to buildings open to the public that states Face Masks Expected per City Resolution John stated that the City Council at the October 5, 2020 meetings adopted Emergency Ordinance No. 1422 requiring the posting of a sign at buildings open to the public to help promote a community expectation of wearing a face mask or face covering. John stated that proposed Emergency Ordinance No. 1425 is very similar to previously adopted Emergency Ordinance No. 1422 which expires on December 17, 2020. John reported that proposed Emergency Ordinance No. 1425 requires a business to have signage which reads Face Mask or Face Coverings are expected. John noted that the signs are available at City Hall and the VCDC office and templates are available on the City’s website. John stated that the proposed ordinance is an emergency ordinance to provide the City Council with the ability to more quickly implement and continue the requirement to address the ongoing, immediate health issue and will have a life of 60 days following adoption. John stated that, if first reading is approved, the second reading of Emergency Ordinance No. 1425 would be part of the regular meeting agenda on Monday, December 7, 2020 and will have an effective date of December 18, 2020. John noted that after second reading the fine for violations of the ordinance will be adopted by resolution. John noted that review of the emergency ordinance will be included on each future agenda. John recommended consideration of first reading of the emergency ordinance which would continue the requirement of signage of the expectation of wearing a face mask or face covering. Discussion followed. 379-20 Mayor Collier-Wise read the title to the above mentioned Ordinance and Alderman Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1425 entitled an Emergency Ordinance to Require Signage at the Entrance to Buildings Open to the Public Stating That Face Coverings Are Expected to Help Slow the Spread of COVID 19 (Coronavirus), of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 16th day of November, 2020 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Alderman Willson. After discussion, the question of adoption of the Resolution was put to a roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, 11 Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier- Wise-Y. Mayor Collier-Wise declared the motion adopted. D. Resolution authorizing application for financial assistance from the South Dakota DENR for Highway 50 stormwater improvements Mike Carlson, Finance Officer, reported that, as was discussed during the public hearing agenda item, the 2021 budget includes the Highway 50 stormwater improvements project at an estimated cost of $3,161,494. Mike reported that SECOG is assisting the City with the grant/loan applications with a deadline for application of December 31, 2020. Mike stated that the grant/loan applications require the City Council, by resolution, to authorize the application for financial assistance and designate an authorized representative to certify and sign payment requests. Mike noted that the resolution designates the Mayor or City Manager as an authorized representative to execute documents required by the DENR for the project. Mike recommended approval of the resolution. 380-20 After reading the same once, Alderman Humphrey moved adoption of the following: RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS WHEREAS, the City of Vermillion (the “City”) has determined it is necessary to proceed with improvements to its Stormwater System, including but not limited to the Highway 50 Stormwater Improvements (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project, and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project. NOW THEREFORE BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota as follows: 12  1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $500,000 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor or City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Mayor or City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Vermillion, South Dakota, this 16th day of November, 2020. THE GOVERNING BODY OF THE CITY VERMILLION, SOUTH DAKOTA By:___________________________ Kelsey Collier-Wise, Mayor Attest: ______________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Holland. After discussion, the question of adoption of the Resolution was put to a roll call vote of the Governing Body as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier- Wise-Y. Mayor Collier-Wise declared the motion adopted. E. Resolution authorizing application for financial assistance from the South Dakota DENR for landfill cell expansion and cell closure. Mike Carlson, Finance Officer, reported that, as was discussed during the public hearing agenda item, the 2021 budget includes the landfill expansion of cells 6 and 7 and the closure of cells 2 and 3 at an estimated cost of $2,466,000. Mike reported that SECOG is assisting the City with the grant/loan applications with a deadline for application of December 31, 2020. Mike stated that the grant/loan applications require the City Council, by resolution, to authorize the application for financial assistance and designate an authorized representative to certify and sign payment requests. Mike noted that the resolution designates the Mayor or City Manager as an authorized representative to execute documents required by the DENR for the project. Mike recommended approval of the resolution. 13 381-20 After reading the same once, Alderman Willson moved adoption of the following: RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS WHEREAS, the City of Vermillion (the “City”) has determined it is necessary to proceed with improvements to its landfill, including but not limited to, the Vermillion Landfill Expansion and Cell Closing Project (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project. NOW THEREFORE BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota as follows: 1. The City hereby approved the submission of an application for grant assistance in the amount of $500,000 to the Solid Waste Management Program for the Project. 2. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $1,966,000 to the South Dakota Board of Water and Natural Resources for the Project. 3. The Mayor or City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 4. The Mayor or City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Vermillion, South Dakota, this 16th day of November, 2020. 14  THE GOVERNING BODY OF THE CITY VERMILLION, SOUTH DAKOTA ___________________________ Kelsey Collier-Wise, Mayor Attest: ______________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Humphrey. After discussion the question of adoption of the Resolution was put to a roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier- Wise-Y. Mayor Collier-Wise declared the motion adopted. F. Declare landfill items surplus Mike Carlson, Finance Officer, reported that when Independence Waste went out of business in 2019 they left their dumpsters and residential bins all over the community. Mike noted that, to assist with removing these items from the community, the City allowed individuals and businesses to leave the empty containers at the landfill. The City provided notice to Independence Waste and to creditors making claims on the property, that if not claimed within 90 days, ownership would revert to the City. Mike noted that some of the property was claimed last year and the storage fees were paid. Mike noted that the plan was to include the remaining dumpsters on the City spring auction but, due to COVID-19, no auction was held. Mike stated that there have been some inquiries about purchasing the dumpsters. Mike reported that there are 37 dumpsters of different sizes and condition and one compactor unit without container that will need to be declared surplus and appraised before advertising for sale by sealed bids. Discussion followed. 382-20 Alderman Willson moved to declare the 37 dumpsters of various sizes and one Marathon RamJet compactor unit without container as surplus to be appraised by the Surplus Property Appraisal Committee before advertising the sale by sealed bids. Alderman Hellwege seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. G. Declare several vehicles and equipment surplus Jose Dominguez, City Engineer, reported that, as part of the 2020 budget, several vehicles and pieces of equipment were replaced with the old vehicles needing to be declared surplus. Jose noted that the items will need to be appraised by the Surplus Property Appraisal Committee before 15 being sold by sealed bids. Jose requested that these items be declared surplus: 2007 Ford F-250, 1997 Toro 345 riding mower, 2010 Ford F-150, 2009 Ford F-250, 2008 Ford F-150, 2004 Ford F-150, 2012 Freightliner M2106V w/ Camel 200 jet truck, 2017 Spartan SRT-XD riding mower and authorize the appraisal by the Surplus Property Appraisal Committee before advertising for sale by sealed bids. Discussion followed. 383-20 Alderman Willson moved to declare the 2007 Ford F-250, 1997 Toro 345 riding mower, 2010 Ford F-150, 2009 Ford F-250, 2008 Ford F-150, 2004 Ford F-150, 2012 Freightliner M2106V w/ Camel 200 jet truck, 2017 Spartan SRT-XD riding mower as surplus to be appraised by the Surplus Property Appraisal Committee before advertising the sale by sealed bids. Alderman Ward seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. H. Resolution Authorizing the Purchase of a Street Department Loader Jose Dominguez, City Engineer, reported that the 2021 budget includes the purchase of a loader for the Street Department to replace the 2014 loader. Jose noted that the loader is used for maintenance work and snow removal. Jose stated that administration would like to take advantage of an attractive Sourcewell (formerly known as National Joint Powers Alliance) bid. Jose stated that Butler Machinery of Sioux Falls, the local dealer, has agreed to the bid price of $224,594.51 for a 2021 Caterpillar 930M wheel loader. Jose noted that Butler Machinery has offered to trade-in the 2014 Caterpillar 924K wheel loader for $84,450.00 for a net purchase price of $140,144.51. Jose reported that the purchase was included in the 2021 equipment replacement fund. Jose recommended approval of the resolution. Discussion followed. 384-20 After reading the same once, Alderman Ward moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A WHEEL LOADER WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and 16 WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by Sourcewell (formerly known as the National Joint Powers Alliance) for a wheel loader from Butler Machinery in the amount of $224,594.51 offers an advantageous price to the City for said item; and WHEREAS, the bid offered by Butler Machinery also includes a trade-in value for the City’s 2014 Caterpillar 924K wheel loader of $84,450.00. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota that the City Manager or the City Finance Officer is hereby authorized to purchase a new 2021 Caterpillar 930M Wheel Loader from Butler Machinery, of Sioux Falls, South Dakota for a price of $140,144.51 after trade-in. Dated at Vermillion, South Dakota this 16th day of November, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By______________________________ Kelsey Collier-Wise, Mayor ATTEST: By Michael D. Carlson, Finance Officer The motion was seconded by Alderman Humphrey. After discussion, the question of adoption of the Resolution was put to a roll call vote of the Governing Body as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier- Wise-Y. Mayor Collier-Wise declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported that City offices will be closed on Thursday, November 26th and Friday, November 27th for Thanksgiving. John reported that the curbside recycling collection for Thursday, November 26th will be on Monday, November 30th and the Friday, November 27th curbside recycling collection will take place as scheduled. B. John reported that the Library Board meets on Friday, November 20th at noon. C. John reported that the next City Council meeting is on Monday, December 7th. 17 D. John reported that the contractor has started the renovation project on the Recycling Center and, as there will be some changes during construction, he asked citizens to be aware of the construction activity. John noted that the paint exchange program will be discontinued during the construction. PAYROLL ADDITIONS AND CHANGES Finance: Katie Redden $24.57/hr; Engineering: Shane Griese $28.85/hr, Todd Nordyke $22.64/hr; Police: Dallas Schnack $17.77/hr 11. Invoices Payable 385-20 Alderman Willson moved approval of the following invoices: Alexis Yim refund elec service fees 21.30 AT&T Mobility mobile hot spots 415.52 Broadcaster Press advertising 4,270.48 Buhl's Cleaners mat/mop service 427.96 Bureau Of Administration telephone 339.38 C&B Operations parts 417.57 Cask & Cork merchandise 1,334.75 CenturyLink telephone 1,639.47 City Of Vermillion landfill vouchers 312.00 Clay Rural Water System water usage 122.80 Clay-Union Electric Corp electricity 1,890.92 Dakota Beverage merchandise 9,853.63 Dakota Riggers supplies 380.26 DENR SWMP loan payment 14,338.43 Dubois Chemicals soda ash 7,359.00 Global Dist merchandise 462.00 Gregg Peters managers fee/freight 7,480.80 Growmark FS fuel 1,383.22 Herren-Schempp Bldg Supply repairs 416.65 John A Conkling Dist. merchandise 4,276.35 Johnson Brothers Of SD merchandise 33,524.31 Jones Food Center merchandise/supplies 1,287.59 Loren Fischer Disposal haul cardboard 1,180.00 MidAmerican gas usage 1,906.30 Midcontinent Communication modems/internet/cable service 942.57 Ping merchandise 277.80 Prairie Berry, LLC merchandise 750.00 On The Road Info Services library presentation 150.00 18  Quadient Finance USA, Inc supplies 129.05 Republic National Distributing merchandise 21,738.29 Running Supply, LLC supplies 703.66 SD DENR landfill operations fee 3,403.10 SD Dept Of Health testing 590.00 SD Dept Of Labor unemployment reimbursement 99.44 SD Public Assurance Alliance law enforcement/auto coverage 14,473.79 Southern Glazer's Of SD merchandise 13,367.56 Stan Houston Eqpt Co parts 1,776.65 Staples supplies 1,234.97 Stern Oil Co. fuel 7,935.32 Sturdevants Auto Parts parts 4.50 Syncb/Amazon books/dvds/supplies 724.28 Treasurer-State unclaimed property 572.18 True Brands merchandise 308.19 United Parcel Service shipping 31.97 Us Bank paying agent fees 3,300.00 Us Bank-St. Paul general obligation bond 163,627.50 Us Bank-St. Paul city hall debt service 310,165.00 Us Postmaster postage for utility bills 900.00 USPS-POC postage for meter 700.00 Utility Equipment Co supplies 2,390.22 Vermillion Ace supplies 18.98 Waste Mgmt Of WI-MN waste hauling 1,176.62 Yankton Motorsports parts 211.84 Stan May Bright Energy Rebate 250.00 Alderman Ward seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 386-20 Alderman Ward moved to adjourn the Council Meeting at 8:09 p.m. Alderman Price seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of November, 2020. 19  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 20