City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session January 18, 2021 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, January 18, 2021 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Price, Willson, Mayor Collier-Wise (all joined by teleconference) Absent: Letellier, Ward 2. Visitors to be Heard - None 3. Educational Session – Alcohol regulations – Mike Carlson and Matt Betzen Mike Carlson, Finance Officer, reviewed the types of alcoholic beverage licenses issued by the City Council, the annual fee, licensing period, number of licenses issued and transfer fees for licenses. Mike answered questions of the City Council on the alcoholic beverage licenses. Matt Betzen, Police Chief, reviewed the Police Department practices as it applies to enforcement of alcoholic beverage laws and ordinances including who is responsible for violations. Matt reviewed the annual report provided for the City Council at license renewals. Matt answered questions of the City Council on alcohol regulations and enforcement. 4. Briefing on the January 18, 2021 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 10-21 Alderman Price moved to adjourn the Council special session at 12:58 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, Price-Y, Willson-Y, Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 1 Dated at Vermillion, South Dakota this 18th day of January, 2021. 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 January 18, 2021 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, January 18, 2021 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 January 4, 2021 Special Meeting; January 4, 2021 Regular Session 11-21 Alderman Holland moved approval of the January 4, 2021 Special Meeting and January 4, 2021 Regular Session minutes. Alderman Humphrey seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 4. Adoption of Agenda 2 12-21 Alderman Price moved approval of the agenda. Alderman Jennewein seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 5. Visitors to be Heard Mayor Collier-Wise extended condolences to former Council Member Parker Erickson and his family over the loss of his father over the weekend. 6. Public Hearings - None 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, on December 7, 2020, the City Council approved an Emergency Resolution encouraging the use of face masks or face coverings in buildings open to the public. John noted that the Emergency Resolution had an effective date of December 10, 2020 with a life of 60 days. John stated that the December 7th Emergency Resolution was very similar to the Emergency Resolutions adopted in August and October which expired after 60-days. John stated that the 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, 1422 and 1425 cite which requires the posting of a sign at the entrance of a building open to the public that states that face masks are expected per City resolution. John reported that no questions have been received about the emergency resolution which is likely due to the fact that the public is familiar with the resolution. John reported that the current emergency resolution will expire on February 7, 2021 unless the City Council ends it sooner. John reported that there were no changes to the resolution at the December 21st or January 4th meetings. John noted that Governor Noem issued an Executive Order 2020-34 that extended the state of emergency to June 30, 2021. 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. John stated that a new emergency resolution will be on the next agenda. Mayor Collier-Wise stated that, if there is no action, we will move on to the next item. 3 B. Review 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 Prescott, City Manager, reported that, on December 7, 2020, the City Council approved the second reading of Emergency Ordinance No. 1425. John stated that the ordinance requires the posting of a sign at the entrance to buildings open to the public, which states “Masks are expected per City resolution.” John noted that Emergency Ordinance No. 1425 had an effective date of December 18, 2020 and a life of 60 days. John stated that Emergency Ordinance No. 1425 was very similar to Emergency Ordinance No. 1419 and 1422. John stated that, as a follow-up to the City Council discussion at the November 16th meeting, City Code staff checked for signs on Tuesday, November 24th. John noted that most businesses continue to have a sign posted as the current ordinance requires. John reported that during the life of Emergency Ordinance No. 1425, to date, and with Emergency Ordinance No. 1419 and 1422 which have expired, there have been no citations for non-compliance. John noted that the signs continue to be available for free at City Hall, the VCDC office, or they can be printed from the City’s website. John noted that no changes were made to the ordinance at the December 21st or January 4th meetings. John recommended that the City Council review information related to COVID- 19 and the Emergency Ordinance No. 1425 requiring signage at the entrance to buildings open to the public that states Face Masks Expected per City Resolution. John reported that at next meeting will be first reading of another emergency ordinance to continue the requirement of posting signs. Mayor Collier-Wise stated that, if there is no action, we will move on to the next item. C. COVID-19 issues 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. Discussion followed. Mayor Collier-Wise stated that, hearing no further discussion, we will move on to the next agenda item. 8. New Business A. Change order #1 for Recycling Center renovation project Jose Dominguez, City Engineer, reported that, in October, 2020, the City Council awarded a $561,200 contract to Sunkota Construction of Sioux Falls for renovations at the Missouri Valley Recycling Center. Jose stated that Change Order No. 1 (CO1) is mainly concerned with the installation of additional insulation around the office area and in the processing area. Jose noted that, during the design of the project, it was decided not to thoroughly inspect some of the walls due to the 4 extensive amount of removal that would have had to happen and correct if needed with a change order. Jose stated that CO1 also includes a reduction to the HVAC contract as recommended by the engineer and the deduction of a small sidewalk on the northeast corner of the building and will also extend the completion date by five days to March 12th due to COVID-19 issues and some weather related events. Jose stated that CO1 will increase the cost of the project by $14,583, to a new contract amount of $575,783. Jose stated that the project is funded through a combination of City Joint Powers funds and SD DENR grant of $343,000. Jose stated that the Joint Powers fund budget will need to be adjusted during the 2021 revised budget. Discussion followed. 13-20 Alderman Willson moved approval of Change Order No. 1 with Sunkota Construction Inc on the Recycling Center project increasing the project by $14,583 to $575,783. Alderman Humphrey seconded the motion. Discussion followed. A roll call vote of the Governing Body was as follows: Hellwege- Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. B. Joint Powers Maintenance and Encroachment and Financial Agreement between the City and the Department of Transportation Regarding Highway 50 (the Bypass) Jose Dominguez, City Engineer, reported that the South Dakota Department of Transportation (DOT) has been planning to reconstruct portions of the SD Highway 50 Bypass in 2021. Jose stated that the reconstruction will include the removal of the existing curb and gutter and the widening of the existing highway to ultimately include five 12-foot lanes and two four-foot shoulders and will also include streetlights from Over Drive to Crawford Road. Jose stated that the City has been working with the DOT to construct a storm sewer along the south ditch of the Bypass from Dakota Street to Over Drive. Jose stated that, to minimize construction issues and reduce construction costs, the City’s and State’s project will be constructed simultaneously. Jose stated that the City will need to enter into a Joint Powers Maintenance and Encroachment and Financial Agreement between the City and the Department of Transportation Regarding Highway 50 (the Bypass) for the project. Jose stated that the City has entered into similar agreements with the DOT in the past, specifically for the work along Cherry Street from the west City limits to the east City limits. The Cherry Street agreement was originally signed in 2006, with two amendments being signed in 2007. This 2006 agreement dictates the City’s maintenance (roadway striping and signage, snow removal, light pole and signal pole replacements) and financial responsibilities (payment of City’s share of project) for Cherry Street. Jose reported that the new agreement with the DOT dictates the maintenance and 5 financial responsibilities of both parties. Jose reported that the City maintenance items will be specific to the storm sewer and the light poles with the City being listed as the owner of the storm sewer system and the light poles being installed. Jose reported that the financial responsibilities section states that the City will pay for the nine lights installed west of SD Highway 19 (Stanford Street). Jose noted that the City requested that these lights be installed to increase safety along all of the areas within City limits. Jose noted that the agreement also discusses the payment that the DOT will make in order to cover a portion of the cost of the storm sewer system as the DOT sees a benefit to installing the storm sewer system since it will improve drainage along the Bypass along with Cherry Street. Jose noted that the new agreement is still being modified by the DOT to remove sections that place responsibility on the City for all maintenance on the Bypass (i.e. roadway striping, signage, snow removal, etc.) Jose stated that the City has received a verbal, and written, reassurance from the DOT that the City will not be responsible for any of the roadway striping, signage, and snow removal on the Bypass. Jose stated that the DOT is currently not able to complete the modifications to the agreement before the Council meeting date. Jose noted that, at this point, the new agreement will completely remove the sections dealing with the additional maintenance (these are Sections 14, 15, and 16), or include verbiage that says that the City will not be responsible for these items on the Bypass. Jose stated that the DOT would like to have the signed copies no later than February 2nd as the project’s bid opening is on February 3rd. Jose reported that, to accommodate the DOT, administration recommends that the City Council authorize the Mayor to sign the Joint Powers Maintenance and Encroachment and Financial Agreement between Department of Transportation and City of Vermillion once the final, modified, agreement is received. Discussion followed. 14-21 Alderman Holland moved approval and to authorize the Mayor to sign the Joint Powers Maintenance and Encroachment and Financial Agreement between the City and the Department of Transportation Regarding Highway 50 as modified to remove the sections dealing with the additional maintenance (these are Sections 14, 15, and 16), or include verbiage that says that the City will not be responsible for these items on the Bypass. Alderman Price seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. C. Request to abate a portion of special assessments at 119 Franklin Street 6 Mike Carlson, Finance Officer, reported as background that the City cited the house at 119 Franklin as a dangerous structure and as the property owner did not abate the nuisance the City crews had to demolish the structure and cleaned up the lot in March 2014. Mike reported that the City tagged the property numerous times for failure to mow and remove sidewalk snow and had to hire contractors to abate these nuisances. Mike noted that these costs were special assessed against the lot from 2013 to 2017 when the County acquired the property on tax deed. Mike stated that in the summer of 2020 the County sold the property at auction to Nick Slattery with AMS Building Systems but the City special assessment remained as a lien. Mike noted that Mr. Slattery reported from a title search after the property was acquired that there were other liens on the property. Mike reported that there is a request from Mr. Slattery to abate a portion of the special assessments. Mike noted that the City has abated a portion of special assessments against a few other properties with similar issues in the past when ownership has been or will be transferred to a new owner who will improve and maintain the property. Mike stated that the full amount of special assessments has never been forgiven in these cases as there are landfill fees or contractor fees that are out of pocket costs for the City. Mike noted that any funds from the payments of the liens would be used to pay back the special assessment fund or go to the General Fund to pay back costs expended to correct the deficiencies noted above. Mike reported that Mr. Slattery inquired prior to the County sale about the possibility of abating the special assessment. Mike reported that Mr. Slattery was informed that in the past the City Council has reduced the assessments to cover the out of pocket costs paid by the City for landfill fees, contractor fees for mowing/snow removal and sidewalk repairs. Mike noted that for this property the out of pocket costs are just over $5,220. Mr. Slattery was informed that the City Council might want interest on some of the assessments. Mike stated that the agenda memo includes the listing of the five special assessments against the property with principal of $16,018.69, interest of $12,158.76. Mike stated that the City costs for landfill, mowing, snow removal and sidewalk repairs are $5,222.18. Mike noted that, in the past, the City has entered into an Agreement for Building Permit that provides for the payment of a specific amount by a specific date and that a building permit be issued by a specific date or the special assessments that were abated will be returned to the property. Mike noted that the letter from Mr. Slattery with his request to abate all but $5,222.18 of the special assessments, a copy of the title search, house plans and a copy of an Agreement for Building Permit are included in the packet. Mike stated that Mr. Slattery had suggested payment of $5,222.18 by February 1, 2021 and requesting a building permit date of February 1, 2022. Discussion followed on the request and amount to be abated. 15-21 7 Alderman Holland moved approval of accepting a payment of $5,222.18 as full payment of the special assessments certificate numbers 7666, 7727, 7834, 7843 and 7855 for the property at 119 Franklin Street with the conditions that the payment be made by February 1, 2021, an application for building permit be made by February 1, 2022, with these conditions being included in an agreement as part of the building permit and the Finance Officer be authorized to notify the County of the satisfaction of the outstanding special assessments following receipt of payment. Alderman Willson seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier- Wise declared the motion adopted. 9. Bid Openings A. Padmount Transformers Shane Griese, Utilities Manager, reported that annually the Light and Power Department receives bids for electric transformers to either replenish inventory or prepare for specific projects. Shane stated that the bids were requested on 25 single phase transformers in four different sizes. Shane reported that two bids with were received on January 13, 2021 for the transformers. Shane noted that transformer bids are evaluated for operating losses over the transformer life cycle as part of determining the low bidder. Shane stated that the total base price is the initial cost to acquire the transformers, while the total evaluation price represents the total life cost of the transformers including operating losses. Shane reported that in using this evaluation process, RESCO was the low bid with a base purchase price of $47,674.00 and an evaluated price of $87,976.20. Bids: RESCO: Base price $47,676.00, total evaluated price $87,976.20; Border States: Base price $61,890.00, total evaluated price $99,0725.80. 16-21 Alderman Price moved approval of the low bidder RESCO with an initial purchase price of $47,674.00 and a total evaluated bid of $87,976.20. Alderman Holland seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier- Wise declared the motion adopted. 10. City Manager's Report A. John reported that the Recycling Center renovation project is progressing nicely with a completion date of March 12, 2021. John thanked residents for their corporation during the renovation. 8 B. John reminded residents that sidewalks are to be cleared 24 hours after the end of a snow event. John noted that snow should be stored on your property – not across the street on neighbor’s yard without permission or piled up in the street in front of neighbor’s property. John stated that, if snow is moved across the street, windrows of snow should not be left in the street. C. John reported that the city’s Historic Preservation Commission meets at 9:00 a.m. on Wednesday, January 20th. D. John reported that the Library Board meets on Friday, January 22nd at noon. E. John reported that the consultant for the Streetscape project is hosting an open house for the public on Thursday, January 21st at 7:00 p.m. in the City Council chambers. John stated that this is an opportunity to see the plans in the final stages of development. John noted that the first part of the meeting will be televised on cable channel 3 and recorded for future viewing. John stated that, after the presentation, the broadcast will end as individuals will have the opportunity to review plans in a one-on-one setting with the consultant and with multiple conversations taking place broadcasting would not work. PAYROLL ADDITIONS AND CHANGES Police: Mark Foley $28.94/hr, Jamie Hall $26.21/hr; Curbside Recycling: Sam Gerst $10.00/hr; Volunteer Firefighters: Hannah Meyer, Nathan Steussy, Chase Howe 11. Invoices Payable 17-21 Alderman Willson moved approval of the following invoices: 2020 Invoices Aramark uniform 75.98 AT&T Mobility mobile hot spots 463.24 Avera Occupational Medicine testing 63.55 Blackstone Publishing books 50.00 Bound Tree Medical, LLC supplies 920.97 Broadcaster Press advertising 1,400.93 Buhl's mat/mop service 449.56 Bureau Of Administration telephone 235.04 Butler Machinery Co. parts/repairs 5,925.65 C&B Operations tractor rental 2,500.00 9 Century Business Products copier contract/copies 197.97 City Of Vermillion copies/postage 449.98 Clay Rural Water System water usage 59.20 Clay-Union Electric Corp electricity 2,146.15 Colonial Life insurance 1,492.05 Continental Research Corp supplies 262.04 Dakota Beverage merchandise 673.40 Delta Dental insurance 114.38 Ditch Witch Undercon repairs 5,354.05 Dooley Enterprises, Inc supplies 1,689.86 Echo Electric Supply supplies 115.97 Fastenal Company parts 131.54 FedEx Freight shipping 124.49 Findaway World LLC books 56.99 Fleet Safety Supply parts 69.50 Graymont (Wi) LLC chemicals 4,140.60 Gregg Peters managers profit/advertising 40,917.21 Hamilton Medical supplies 92.63 Handy garage lift 4,070.00 Houston Engineering Inc professional services 6,925.27 Ingram books 451.55 Jacks Uniform & Eqpt police supplies 100.00 John A Conkling merchandise 1,302.85 Johnson Brothers merchandise 5,164.43 Jones Food Center supplies 62.80 Lessman Elec. Supply Co supplies 144.00 Loren Fischer Disposal haul cardboard 1,150.00 Marks Machinery parts 65.00 Matheson Tri-Gas, Inc medical oxygen/cylinder rental 625.95 Micro Marketing LLC books 45.00 MidAmerican gas usage 8,268.27 Moore Welding & Mfg repairs 28.50 Netsys+ repairs 142.50 PCC, Inc commission 3,739.10 Petrochoice supplies 221.35 Pflanz council chambers a/v system 12,531.35 Phelps uniforms 491.73 Ping/Karsten Mfg Corp merchandise 31.09 Republic National Dist merchandise 7,461.20 Running Supply, LLC supplies 763.48 Sanford Health Occupational testing 143.00 Schade's Vineyard merchandise 264.00 SD DENR landfill operations fee 3,237.90 10 SEH Inc professional services 1,965.21 Sooland Bobcat parts 608.66 Southern Glazer's Of SD merchandise 5,560.80 Staples Business Credit supplies 36.62 Stern Oil Co. fuel 10,879.55 Stockwell Engineers, Inc professional services 26,765.53 Storey Kenworthy/Matt Parrot yearend forms 283.24 Sturdevants Auto Parts parts 76.77 Syncb/Amazon books/supplies 630.77 Testamerica Laboratories testing 1,982.50 True Fabrications supplies 182.17 Two Way Solutions installation light bar/siren 5,046.79 United Way contributions 368.50 Vermillion Ace Hardware supplies 586.39 Vermillion Area Community round up program 256.73 Visa fuel/supplies 219.00 Wal-Mart Community supplies 140.08 2021 Invoices Bomgaars tools 713.93 Burns McDonnell professional services 36,313.00 CenturyLink telephone 1,642.17 Dakota Beverage merchandise 4,817.27 Dept. Environment Natl Res wastewater discharge permit 10,500.00 DLT Solutions, Inc subscription renewal 1,568.00 ESO Solutions, Inc software/maintenance 6,860.85 ESRI gis maintenance/license 4,600.00 Frontier Precision, Inc maintenance 1,608.66 Global Dist. merchandise 357.00 Gregg Peters managers fee/advertising 6,500.00 Intelli Track inventory software license 1,989.00 John A Conkling Dist. merchandise 690.70 Johnson Brothers Of SD merchandise 8,702.18 Jones Food Center supplies 163.79 Medicare-B South Dakota refund amb overpayment 715.83 Midcontinent Communication cable/internet/gateway modems 1,231.38 Mister Smith's supplies 59.98 Republic National Distributing merchandise 6,249.21 Scott Iverson safety boots reimbursement 100.00 SD Retirement System contributions 4,155.08 Southern Glazer's Of SD merchandise 4,564.17 The Growler Station, Inc licensing fee/maintenance 749.97 11  Us Postmaster postage for utility bills 900.00 USPS-POC postage for meter 700.00 Waste Management Of WI-MN waste hauling 915.79 MASABA Bright Energy Rebate 1,317.60 Alderman Hellwege seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier- Wise declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 18-21 Alderman Ward moved to adjourn the Council Meeting at 7:35 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, Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 18th day of January, 2021. 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 ___________. 12