City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session August 16, 2021 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, August 16, 2021 at 12:00 noon at City Hall in the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise Absent: Humphrey 2. Adoption of Agenda 262-21 Council Member Holland moved approval of the agenda. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 3. Visitors to be Heard - None 4. Educational Session – State of Emergency Nuisance Ordinance – Cohl Turnquist, Administrative Intern Cohl Turnquist, Administrative Intern, first presented a State of Emergency Nuisance Ordinance to the Council at the July 19, 2021 Special Meeting. Cohl stated that changes have been made since the first presentation to accommodate concerns and comments made. Colh noted that this ordinance would establish procedures and support if a State of Emergency was declared. Cohl reported that the City Attorney advised them to create this ordinance in case a State of Emergency was to arise again in the future and noted that the City Attorney is present to answer questions. James McCulloch, City Attorney, noted that the framework for this ordinance was presented to the city by the insurance company. Discussion followed. 5. Educational Session – Review of impact of Capital Improvement Program –Cohl Turnquist, Administrative Intern Cohl Turnquist, Administrative Intern, reported on the impact the Capital Improvement Program (CIP) has on the city. Cohl noted that he reviewed multiple CIP plans that the city has presented throughout the years and found five categories that he focused on. Cohl reported that the five 1 areas he focused on were future projects (delayed), removed Projects, in progress projects, competed projects, and bid ideas. Cohl stated that the CIP plans help the city keep track of projects that are out there and helps eliminate surprises. Discussion followed. 6. Informational Session – Review of Downtown Streetscape Change Order #1 – Jose Dominguez, City Engineer Jose Dominguez, City Engineer, reported that the Downtown Streetscape has a change order that focuses on the transition slopes, removing window wells, and adjusting the easement for the street lighting. Jose noted that the project is currently behind schedule, but the contractor is hiring more concrete workers to help move the project along. Jose stated that the contractor is working to get the corner of Prospect and Main along with Prospect and Market done before September 3rd in order for the Ribs Rods and Rock N Roll to have access for their event, but there is back up plan if the contractor is not finished. Discussion followed. 7. Briefing on the City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 8. Adjourn 263-21 Council Member Ward moved to adjourn the Council special session at 12:59 p.m. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of August, 2021. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer 2 Unapproved Minutes City Council Regular Session August 16, 2021 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on August 16, 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 2. Pledge of Allegiance 3. Minutes A. Minutes of August 2, 2021 Special Meeting, August 2, 2021, Regular Session, August 9, 2021 Budget Session, and August 10, 2021 Budget Session 264-21 Council Member Holland moved approval of the August 2, 2021 Special Meeting, August 2, 2021, Regular Session, August 9, 2021 Budget Session, and August 10, 2021 Budget Session. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 4. Adoption of Agenda 265-21 Council Member Price moved approval of the amended agenda. Council Member Willson seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Days Committee on or about Thursday, September 30, 2021 from 7:00 p.m. to 11:30 p.m. on Kidder Street between Court Street and Market Street Katie Redden, Finance Officer, reported that the University of South Dakota Dakota Days Executive Committee has applied for a special permit to exceed allowable noise levels for a pep rally and street dance on 3 Kidder Street between Court Street and Market Street. Katie noted that the event will take place on Thursday, September 30, 2021 beginning at 7:00 p.m. lasting until 11:30 p.m. Katie stated that the application and map is presented and the request to close Kidder street between Court and Market was approved on July 19, 2021. Cara Olson USD Dakota Days Committee Member noted that they will be letting all of the neighbors in the area know of the event before it takes place. 266-21 Council Member Ward moved approval of the Special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Days Committee on or about Thursday, September 30, 2021 from 7:00 p.m. to 11:30 p.m. on Kidder Street between Court Street and Market Street. Council Member Willson seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 7. Old Business - None 8. New Business A. Change Order No. 1 for Downtown Streetscape Project Jose Dominguez, City Engineer, reported on Change Order No. 1 for the Downtown Streetscape Project. Jose stated that, in March 2021, the City awarded the construction project to Schwartzle Construction (Schwartzle) for $2,976,602. Jose noted that, on May 27, 2021, the City Council considered an agenda item that allowed Schwartzle to continue with the project with the proposed changes to the transition areas adjacent to the sidewalks. Jose stated that the City Council agreed to this anticipating that the official change order would come at a later time. Jose stated that the change order being considered includes work related to the following: Reduction of the slope in the transition areas adjacent to the sidewalks (this was discussed at the May 27th meeting); Work required to close the undisclosed window wells going to basements (this happened at 5 E. Main, 2 W. Main, 4 W. Main, 10 W. Main, 12 W. Main, and 16 W. Main); Redesign of spread footings for the new street lights; and The replacement of some water main fittings at Church and Main Streets. Jose noted that, in addition to monetary compensation for the work included in the change order, Schwartzle is also requesting 20 additional days for the substantial completion and 25 additional days for the final completion. Jose reported that this would move the substantial completion from September 1st to September 21st, and the final completion from October 31st to November 25th in which the additional days are only for the work mentioned in the change order and not for any weather related delays. 4 267-21 Council Member Holland moved approval of Change Order No. 1 for Downtown Streetscape Project. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. B. Request to close a section of the alley behind the Coyote Twin Theater on Thursday, September 23, 2021 from 4:30 p.m. to 7:30 p.m. for the dedication of the Vermillion Community Mural. Cohl Turnquist, Administrative Intern, reported that the Vermillion Cultural Association has requested to close a section of the alley behind the Coyote Twin Theater on Thursday, September 23, 2021 from 4:30 p.m. to 7:00 p.m. for the dedication of the Vermillion Community Mural. Cohl noted that the alley runs east to west between Elm Street and Center Street. Cohl stated that the closure would run between the two City Hall parking lots. Cohl noted that the businesses that may be affected by the street closure have been notified. Cohl stated that the Vermillion Cultural Association staff and volunteers will assist in removing barricades to reopen the alley, and clean the alley at the conclusion of the event. Cohl reported that the Street, Police, Fire, and EMS Departments have been notified of the closing. 268-21 Council Member Ward moved approval of the Request to close a section of the alley behind the Coyote Twin Theater on Thursday, September 23, 2021 from 4:30 p.m. to 7:30 p.m. for the dedication of the Vermillion Community Mural. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. C. Easement agreement with Vast Broadband for location of Vast Broadband facilities in the northeast corner of the City owned property at the southeast corner of Cherry Street and High Street Jose Domiguez, City Engineer, reported on an easement agreement with Vast Broadband facilities in the northeast corner of the City owned property at the southeast corner of Cherry Street and High Street. Jose noted that since March of 2021 the City has been working with Clarity Telecom, LLC, “VAST Broadband” (Vast) about entering into a cable franchise agreement with the City. Jose stated that the franchise agreement was finalized at the June 21st meeting when the second reading of Ordinance No. 1436 was adopted by the City Council. Jose noted that, when assisting with the location of the “node”, Vast asked Staff if the City had any property available along Cherry Street that would be easily accessible and able to be provided with electric power. Jose stated that staff proposed to Vast the use of the land around the fairgrounds, particularly the northeast corner of the property adjacent to the existing City’s electric infrastructure. Jose reported that the easement agreement delineates the 5 responsibilities of both parties. Jose stated that the City will be required to allow Vast to use the area, and that no structures, trees, or other obstructions would be built on the area. Jose noted that, although not in the agreement, the City would also allow Vast to enter the site through the parking lot south of West Cherry Street and Vast would agree to maintain the area described in the easement, to use the space for their business, and that in case of removal, the area would be returned to its current state. 269-21 Council Member Holland moved approval of Easement agreement with Vast Broadband for location of Vast Broadband facilities in the northeast corner of the City owned property at the southeast corner of Cherry Street and High Street. Council Member Willson seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. D. Consideration of allocating $50,000 of American Recovery Program Act funds for a vaccination incentive program John Prescott, City Manager, reported on consideration of allocating $50,000 of American Recovery Program Act funds for a vaccination incentive program. Jose noted that the American Rescue Plan bill was approved by Congress and signed by the President earlier this year and the City will receive $1,857,930 through this bill. John noted that it is anticipated that the first half of the funding of $928,965 will be received yet this year with the second half of the funding to be available no sooner than one year after receipt of the first half of the funding. John noted that City Council members have expressed interest in using some of the funding to encourage vaccinations to help curtail the impact of COVID-19. John stated that use of the APRA funding for vaccine incentive programs is an allowable use. John stated that the proposal is a partnership of the United Way, VCDC, and the City. The proposal is a lottery for vaccinated individuals. The raffle would last ten weeks with two $2,500 winners to be drawn each week with two random $5,000 winners selected during the ten weeks. John noted that if an individual is randomly selected they will need to provide proof of vaccination and Clay County residency. John stated that details on administration and specific rules are being developed. 270-21 Council Member Price moved approval of allocating $50,000 of American Recovery Program Act funds for a vaccination incentive program. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 9. Bid Openings – None 6 10. City Manager's Report A. John reported that Thursdays on the Platz run through August. Reminder that the west City Hall parking lot and Center Street between Main Street and National Street will be closed on Thursdays from 4:00 p.m. to 8:00 p.m. for these events. B. John reported that VAST Communications has begun construction to build-out their infrastructure in the community. Their plan is to complete this in the next several months with multiple crews working. There will be a lot of locates done in the community. Flags or spray paint as the respective utilities mark where their services are at in the public right-of-way. C. John reported that the City offices are closed on Monday, September 6th for Labor Day. D. John stated that, due to the holiday, the next City Council meeting is on Tuesday, September 7, 2021. E. John noted that the advertised Special City Council meeting for Noon on Monday, August 23, 2021 to consider a Special Daily Malt Beverage and Wine permit for the Vermillion Chamber and Development Company on September 2, 2021 has been cancelled. PAYROLL ADDITIONS AND CHANGES Planning Commission: Greg Merrigan $15.00/mtg; Finance: Jian (Jenny) Huang $20.66/hr; Police: Joe Ostrem $30.72/hr; Fire/Code: Matt Taggart $19.69/hr; Code: Justin Roetman $18.36/hr; Pool: Ashlyn Bowker $10.25/hr; Golf Maintenance: Tanner Pietz $10.00/hr, Mason Rozell $10.00/hr; Light: Brandon Steeneck $37.27/hr 11. Invoices Payable 271-21 Council Member Price moved approval of the following invoices: A & A REFRIGERATION REPAIRS 949.28 A & B BUSINESS, INC COPIER CONTRACT 225.95 A-1 PORTABLE TOILETS PORTABLE TOILET RENTAL 450.00 A-OX WELDING SUPPLY CO CHEMICALS 2,393.00 AMAZON BUSINESS SUPPLIES 1,095.66 AMERICAN LEGAL PUBLISHING INTERNET RENEWAL 375.00 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 321.40 AT&T MOBILITY MOBILE HOT SPOTS 458.29 7 AUSTIN ANDERSON SAFETY BOOTS REIMBURSEMENT 100.00 AVERA OCCUPATIONAL MEDICINE TESTING 122.00 AVI SYSTEMS LIBRARY MTG RM SYSTEM 17,739.83 BLACKBURN MANUFACTURING C SUPPLIES 275.30 BLACKSTONE PUBLISHING BOOKS 104.48 BORDER STATES ELEC SUPPLY SUPPLIES 1,921.40 BREIT & BOOMSMA PC GARNISHMENT 447.95 BROADCASTER PRESS ADVERTISING 2,535.85 BUHLS CLEANERS MAT/MOP SERVICE 861.06 BUREAU OF ADMINISTRATION TELEPHONE 381.29 BUTLER MACHINERY CO. PARTS 2,421.01 CASK & CORK MERCHANDISE 360.00 CENGAGE LEARNING INC/GALE BOOKS 42.89 CENTURY BUSINESS PRODUCTS COPIER CONTRACT BUYOUT 2,226.08 CENTURYLINK TELEPHONE 1,562.33 CHESTERMAN CO MERCHANDISE 1,446.59 CITY OF VERMILLION LANDFILL VOUCHERS 364.50 CLAY RURAL WATER SYSTEM WATER USAGE 199.20 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,615.29 COAST TO COAST SOLUTIONS SUPPLIES 367.55 DAKOTA BEVERAGE MERCHANDISE 7,881.20 DAKOTA PC WAREHOUSE INK CARTRIDGES 94.97 DANIEL MILROY SAFETY BOOTS REIMBURSEMENT 100.00 DUBOIS CHEMICALS SODA ASH 7,320.50 ECHO ELECTRIC SUPPLY SUPPLIES 829.74 ENERGY LABORATORIES TESTING 1,458.00 FARMER BROTHERS CO. COFFEE PACKETS 146.76 FARNER BOCKEN COMPANY MERCHANDISE 4,839.14 FEDEX. SHIPPING 14.87 GLOBAL DIST. MERCHANDISE 99.00 GRAYMONT (WI) LLC CHEMICALS 4,157.35 GREGG PETERS MANAGERS FEE 6,000.00 GRIFFIN MASONRY PRENTIS PARK ARCH 232.50 HACH CO REPAIRS 1,774.85 HAUGER LAWN SERVICE MOWING/WEED CONTROL 174.00 HAWKINS INC CHEMICALS 2,044.29 HENDERSON EXHAUST PLUS REPAIRS 40.00 HERREN-SCHEMPP BUILDING CEILING TILES 40.74 HORNUNGS PRO GOLF MERCHANDISE 54.95 HY VEE FOOD STORE BUDGET MTG SNACKS 69.55 IN CONTROL, INC PROFESSIONAL SERVICES 4,311.23 INGRAM BOOKS 596.86 JACKS UNIFORM & EQPT VESTS 1,075.00 8 JERRY'S SERVICE, INC FUEL 20,320.30 JIMMY HACK GOLF LLC MERCHANDISE 403.51 JOHN A CONKLING DIST. MERCHANDISE 5,107.75 JOHNSEN HEATING & COOLING REPAIRS 861.27 JOHNSON BROTHERS OF SD MERCHANDISE 15,014.25 JOHNSTONE SUPPLY EPA STUDY COURSE BOOK 96.29 JONES FOOD CENTER SUPPLIES 84.15 JOSH MANNING LICENSE REIMBURSEMENT 20.00 KALIN KNIEF SAFETY BOOTS REIMBURSEMENT 100.00 KALINS INDOOR COMFORT REPAIRS 512.98 LAYNES WORLD PD PLAQUES 227.22 LOFFLER COPIER CONTRACT/COPIES 1,471.96 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,180.00 MAIN STREET CENTER CONTRIBUTIONS 12,000.00 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 125.01 MIDAMERICAN GAS USAGE 2,195.14 MIDCONTINENT COMMUNICATION INTERNET/CABLE SERVICE 1,450.38 MIDWEST ALARM CO ALARM MONITORING 73.50 MIZUNO USA, INC MERCHANDISE 1,337.05 MOORE WELDING & MFG REPAIRS 527.85 NCL OF WISCONSIN, INC CHEMICALS 482.50 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 NUTRIEN AG SOLUTIONS SUPPLIES 57.63 O'REILLY AUTO PARTS PARTS 353.23 OFFICE OF FIRE MARSHAL BOILER INSPECTION 80.00 PARKSON CORPORATION PARTS 276.07 PERMA-BOUND BOOKS 58.85 PING/KARSTEN MFG CORP MERCHANDISE 1,064.61 PRESSING MATTERS BASEBALL PROGRAMS 227.00 QUILL SUPPLIES 184.56 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 3,725.54 RODENBURG LAW FIRM GARNISHMENT 232.26 RUNNING SUPPLY, LLC SUPPLIES 1,061.52 SD DENR LANDFILL OPERATIONS FEE 3,690.02 SD SOLID WASTE MANAGEMENT MEMBERSHIP 400.00 SD STATE HISTORICAL SOCIETY MEMBERSHIP 55.00 SIOUX EQUIPMENT FUEL TANK 12,401.29 SOUTHERN GLAZER'S OF SD MERCHANDISE 3,176.58 STAPLES BUSINESS CREDIT SUPPLIES 1,674.01 STERN OIL CO. OIL 2,842.56 STUART C. IRBY CO. SUPPLIES 215.00 STURDEVANTS AUTO PARTS PARTS 249.29 SYNCB/AMAZON DVDS/BOOKS/SUPPLIES 661.21 9 THREAD & INK BLACK TOTES 477.30 TITLEIST-ACUSHNET COMPANY MERCHANDISE 232.92 TURNER PLUMBING REPAIRS 500.68 US POSTMASTER POSTAGE FOR UTILITY BILLS 925.00 USPS-POC POSTAGE FOR METER 700.00 UTILITY EQUIPMENT CO. WATER METERS 14,040.00 VERMILLION ACE HARDWARE SUPPLIES 746.82 VESSCO, INC PARTS 1,202.29 WAHLTEK COMMUNICATION SYSTEM 31,789.00 WALT'S HOMESTYLE FOODS, INC MERCHANDISE 32.50 WASTE MANAGEMENT OF WI-MN WASTE HAULING 1,519.69 YAMAHA MOTOR FINANCE CORP GOLF CARS/GPS LEASE 6,622.61 YANKTON JANITORIAL SUPPLY SUPPLIES 68.00 YANKTON MOTORSPORTS LLC TIRES/PARTS 707.05 GRAND TOTAL $240,594.83 Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of September 7, 2021 for a special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Music Department in the band shell area of Prentis Park on Sunday, October 17, 2021 from 2:00 p.m. to 5:00 p.m. for a free live public concert performance. B. Set a public hearing date of September 7, 2021 for a special daily malt beverage and wine license for the University of South Dakota Foundation Women in Philanthropy ceremony on September 11, 2021 at the Munster University Center second floor ballroom. C. Set a public hearing date of September 7, 2021 for a special daily malt beverage and wine license for the University of South Dakota Foundation Unleash Your Legacy Alumni Achievement Awards ceremony on October 1, 2021 at the Munster University Center second floor ballroom. 272-21 Council Member Ward moved approval of the consensus agenda. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Collier- Wise declared the motion adopted. 13. Executive Session per SDCL 1-25-2(3) 10 273-21 Council Member Price Moved to go into Executive Session for legal matters at 7:30 p.m. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. Mayor Collier-Wise declared the Council out of Executive Session at 8:08 p.m. 274-21 Council Member Price moved approval to authorize the City Attorney to proceed as discussed in Executive Session. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 14. Adjourn 275-21 Council Member Ward moved to adjourn the Council Meeting at 8:09 p.m. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 16th day of August, 2021. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY___________________________________ Katie E. Redden, Finance Officer Published once at the approximate cost of ___________. 11