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Unapproved Minutes
Council Special Session
February 19, 2013
Tuesday 12:00 noon

The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, February 19, 2013 at 12:00 noon in the City Hall large conference room.

1. Roll Call

Present: Collier-Wise (arrived at 12:11 p.m.), Davies, Grayson, Osborne, Ward, Willson, Zimmerman, Mayor Powell

Absent: Meins

2. Educational Session - Fire Department Inspection Program - Fire Chief Shannon Draper

John Prescott, City Manager, introduced Richard (Shannon) Draper, Fire Chief, and reminded the Council members of the open house for Shannon on Monday, February 25th from 2:00 p.m. to 3:30 p.m. at City Hall. John noted that Shannon has information on a property inspection program along with knox box key systems for business and rental property.

Richard Shannon Draper, Fire Chief, stated that fire prevention is made up of education, inspection and plan review. He noted that education is ongoing and that plan review is done on construction but where we may be lacking is in inspection. Shannon noted that the City does not have a business registry program that would list all businesses along with type of use to see that it is compatible with all ordinances.Shannon reviewed the State statutes on inspection noting that he would like to do inspections of all assembly, educational, day care, health care, rental and business establishments at least every other year noting that some of the high occupancy property should be done annually.

Alderman Collier-Wise arrived at 12:11 p.m.

Shannon stated that he would propose that owners be sent notices at the beginning of the month scheduled for inspection to allow time to schedule the inspection. The inspection would be provided free of charge and if any corrected items required a return trip there would no charge but, if the corrective action was not taken and another inspection was required, he suggested a $25 fee be charged and if another trip was required the fee increased to $100. Shannon stated that if this was something that the City Council wanted to proceed with an ordinance update may be needed and education put in place to start the program. Shannon stated that he would like to offer free home safety surveys as time allotted.

Shannon also provided information on a knox box for business occupancy and rental buildings where keys would be in the knox box that the fire fighters could access without needing to force entry or delay waiting for someone to provide access. He noted that the boxes cost $150 and he stated that they are to be installed within 15 feet of the main entrance of the facility. He noted it would require an ordinance change to implement this program. Shannon answered questions of the City Council on the knox box and inspection program.

3. Informational Session - Street Department Motor Grader Purchase - Jason Anderson

Jason Anderson, Assistant City Engineer, reported that the replacement of the 1998 caterpillar 120H motor grader with a similar size machine was presented during the budget session last August. In talking to the equipment dealer about the replacement, it was noted that Spink County bid a one size larger motor grader being a caterpillar 140 M2 with minimal hours that includes a warranty for 7 years or 7500 hours for $258,240. The 120H is estimated to cost $232,565 but there is not a market demand for this size machine. The difference in original purchase price should be more than made up in resale value. The 140 would be the same size as the other motor grader owned by the City. As to the increased purchase price, Jason recommended that the general fund transfer funds to the equipment replacement fund similar to what the electric fund did when it requested a larger truck. Jason recommended the replacement of the 1998 caterpillar 120H motor grader with a larger caterpillar 140M2 motor grader. Discussion followed with Jason and Pete Jahn answering questions of the City Council.

The consensus of the City Council was to bring the purchase recommendation forward at the March 4th Council meeting for consideration.

4. Briefing on the February 19, 2013 City Council Regular Meeting Agenda

Council reviewed items on the agenda with City staff. No action was taken.

5. Adjourn

045-13
Alderman Osborne moved to adjourn the Council special session at 12:57 p.m. Alderman Ward seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

Dated at Vermillion, South Dakota this 19th day of February, 2013.

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 19, 2013
Tuesday 7:00 p.m.

The regular session of the City Council, City of Vermillion, South Dakota was called to order on February 19, 2013 at 7:00 p.m. by Mayor Powell.

1. Roll Call

Present: Collier-Wise, Davies, Grayson, Meins, Osborne, Willson, Zimmerman, Mayor Powell, Student Representative Wilson

Absent: Ward

2. Pledge of Allegiance

3. Minutes

A. February 4, 2013 Special Session; February 4, 2013 Regular Session

046-13
Alderman Willson moved approval of the February 4, 2013 special session minutes and the February 4, 2013 regular session minutes. Alderman Meins seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

4. Adoption of Agenda

047-13
Alderman Willson moved approval of the agenda. Alderman Meins seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

5. Visitors to be Heard

Glynis Erickson, owner of Dakota Realty, requested to be included on the next City Council agenda for the creation of a task force to review items included in the 2009 International Property Maintenance Code adopted by the City which is impacting the rental property owners. She stated that in reading the code there are issues that conflict and areas that need further review. She requested that, until the task force can review these issues, required repairs be tabled or the properties grandfathered. She stated that the ordinances conflict on which board hears the appeals, that fraternities and sororities are included in the maintenance code but are not required to have separate heating and ventilation systems and noted that there are a lot of questions and concerns that could be addressed by the task force.

Marty Gilbertson, rental property owner, stated that, in his experience working for a heating control company, there are ways to address air quality without separate systems for each unit.

Greg Card, resident of 208 S. Crawford Road and rental property owner, stated that he purchased a rental property in 2009 and made a sizable investment to bring the property into compliance with the City Code and now the City adopts another code that will require considerable additional investment in separating the heating and ventilation systems. He requested that the City establish a task force to study the issue and see if there are alternatives.

Woody Houser, rental property owner, was concerned about the adoption of the property maintenance code noting that when the zoning ordinance was changed the impact on property owners whose zoning was changed was not projected. Mr. Houser stated that requiring landlords to install hard wired smoke detectors in these older units is causing an expense to the landlords and the tenants still remove the batteries. He noted that the rental housing fees are the highest in the area stating that Sioux Falls does not have the fee. He stated that the idea of a task force to address these issues is a good idea.

Bonnie Rowland, business and rental property owner, stated that business and property owners are being taxed out of business. She stated that Sioux Falls has no property inspection fees and requested that the City be kinder to business and property owners. She stated that as a property owner she was frustrated by the rules and inspections.

Arlen Veen, rental property owner, stated that in 2005 he started investing in property in Vermillion and reviewed the improvements made to a duplex noting that the tenants have no problems with sharing a heating and air conditioning system. He felt that his property should be grandfathered in as it met the code when it was last remodeled. He respectfully requested the City Council reconsider the ordinance and to grandfather the existing units.

Mike Manning, realtor with Dakota Realty, requested the establishment of the task force and requested the realtors be included. He noted that we all want to work together for the same goal which is what is best for the community.

Kris Abrahamson, rental property owner, stated that he also owns property in Omaha and questioned the requirement to have a registered agent within 100 miles noting that living in Omaha he can be in Vermillion in a shorter time period than others that were closer. He has not heard of the rental inspection fee in other communities and felt that students should be asked what they want in rental property as these costs are for overprotection. He noted that hearing landlords and realtors that are unhappy does not promote others to invest in the community.

Mayor Powell thanked the citizens for their input.

6. Public Hearings

A. Retail on-off sale wine license for Sunset Oil, Inc for Pump N Pak at 629 Stanford Street

Mike Carlson, Finance Officer, reported that an application was received for a retail on-off sale wine license from Sunset Oil, Inc for Pump N Pak at 629 Stanford Street. Sunset Oil, Inc currently has two on-off sale malt beverage licenses for the location so a background check was not requested. As a compliance check was failed on August 17, 2012, a management plan was included in the packet along with the Police Chief's report. The retail on-off sale wine license will allow for the sale of wine by glass or bottle and the license will allow up to ten additional video lottery machines.

048-13
Alderman Osborne moved approval of the on-off sale wine license for Sunset Oil, Inc for Pump N Pak at 629 Stanford Street. Alderman Zimmerman seconded the motion. Discussion followed noting that the business has failed 5 of 10 compliance checks since 2008. Discussion continued on the reporting of compliance check violations and how to implement a progressive enforcement plan for repeat offenders. Motion carried 7 to 1. Mayor Powell declared the motion adopted.
B. Special Assessment Roll for sidewalk repairs in the City of Vermillion (southeast quadrant)

Jose Dominguez, City Engineer, reported on August 15, 2012 that the City Council approved a resolution adopting the resolution of necessity for sidewalk repair in the southeast quadrant of the community. The work has been completed and the assessment roll has been calculated and filed with the Finance Office. The resolution setting the public hearing was adopted January 21, 2013 and notices were sent to the properties listed. Jose stated that the City Council should receive the public input then may approve, equalize, amend or reject the assessment roll.

Bill Brunick, 2111 E Main, representing 15 owners of townhouses, noted that the sidewalk in front of their property is classified as a bike path and reported that Harold Holoch stated that the maintenance of a bike path was the City's responsibility. Now it appears that the City is stating that maintenance is the property owner's responsibility. Bill requested clarification as to who is the owner and who is liable if someone falls and gets hurt. Mayor Powell requested staff review and report on the request of Mr. Brunick.

Jose answered questions of the City Council on the assessment roll.

049-13
After reading the same once, Alderman Collier-Wise moved adoption of the following:

RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLLS
AND NOTICE OF SPECIAL ASSESSMENTS
FOR SIDEWALK REPAIRS
IN THE CITY OF VERMILLION, SOUTH DAKOTA

WHEREAS, the Governing Body of the City of Vermillion, Clay County, South Dakota has established special assessment rolls for defraying the cost of construction of sidewalks and related improvements against the several tracts of real property fronting and abutting upon:
PARCEL NUMBER PROPERTY ADDRESS LEGAL DESCRIPTION AMOUNT
15230-00000-040-00 10 S University Lot 4 East End $231.94
15570-00100-030-00 100 Catalina LOT 3 BLK 1 PARK VIEW
ACRES 2ND $175.52
15570-00200-010-00 100 Sycamore LOT 1 BLK 2 PARK VIEW
ACRES 2ND $285.22
15600-00300-100-00 1004 Ridgecrest LOT 10 BLK 3 RIDGECREST $197.19
15260-00600-020-00 1018 Crestview LOT 2 BLK 6 EASTGATE
MANOR 3RD $122.06
15170-00200-180-00 103 Linden N 17' OF 17 & ALL OF 18 BLK 2 COLLEGE PARK $138.70
15600-00400-050-00 1030 Valley View LOT 5 BLK 4 RIDGECREST $122.06
15600-00300-090-00 1031 Valley View LOT 8A REPLAT OF LOTS 8 & 9 BLK 3 RIDGECREST ADDN $175.76
15710-07700-100-00 104 S Harvard LOTS 9 & 10 BLK 77 SMITHS $401.77
15570-00200-030-03 107 Catalina S 65' OF LOT 3 BLK 2 PARK VIEW ACRES 2ND $218.62
15290-00100-190-00 109 S Pine LOTS 18 & 19 EAST VIEW $80.51
15710-07500-050-00 110 Forest LOTS 3, 4 & 5 BLK 75 SMITHS $0.00
15170-00200-040-00 110 S University S 38' OF LOT 3 & ALL OF LOT 4 BLK 2 COLLEGE PARK ADDN $1,448.01
15260-00700-070-03 1119 Crestview LOT 6 & W 5' OF LOT 7
BLK 7 EASTGATE MANOR 3RD $122.06
15570-00200-040-00 113 Catalina LOT 4 BLK 2 PARK VIEW
ACRES 2ND $144.77
15170-00200-160-00 113 Linden N 27' OF LOT 15 & S 16' OF
LOT 16 BLK 2 COLLEGE PARK $186.10
15630-00400-220-00 1132 Valley View LOT 22 BLK 4 RIDGECREST 4TH $158.68
15170-00200-150-00 115 Linden N 20' OF LOT 14 & S 23' OF
LOT 15 BLK 2 COLLEGE PARK $220.53
15270-00100-090-00 116 Linden LOT 9 BLK 1 EASTSIDE $158.55
15270-00100-110-00 122 Linden Lots 10 & 11 BLK 1
EASTSIDE $155.36
15630-00400-260-00 1226 Valley View LOT 26 BLK 4 RIDGECREST 4TH $479.79
15260-00700-100-00 1234 Valley View E 40' OF LOT 9 & ALL OF 10 BLK 7 EASTGATE MANOR 3RD ADDN $271.90
15310-00400-030-00 127 S Yale LOT 3 BLK 4 ADDN TO HANSONS $155.36
15710-07600-130-00 17 S Yale LOT 13 BLK 76 SMITHS $338.50
15710-07400-070-09 18 forest N 1/2 OF W 1/2 LOT 7 BLK 74 SMITHS $155.36
15300-00200-020-00 200 Forest S 25' OF 1 & ALL OF 2 BLK 2 HANSONS $155.36
15310-00400-040-00 203 S Yale LOT 4 BLK 4 ADDN TO HANSONS $155.36
15270-00300-010-00 202 S Pine LOT 1 BLK 3 EASTSIDE $828.25
15270-00300-030-00 206 S Pine LOT 2 & N 44' OF LOT 3 BLK 3 EASTSIDE $158.68
15300-00100-050-00 207 Forest S 40' OF LOT 4 & E 150' OF
N 10' OF LOT 5 BLK 1 HANSONS $155.36
15310-00400-050-00 207 S Yale N 57' LOT 5 BLK 4 ADD TOHANSONS $50.00
15300-00200-040-00 208 Forest LOTS 3 & 4 BLK 2 HANSONS $155.36
15310-00500-080-00 208 S Yale LOTS 7 & 8 BLK 5 ADDN TO HANSONS (2 HOUSES) $50.00
15715-00500-090-00 2105 E Main LOT 9 BLK 5 SMITH-QUAM $210.39
15715-00500-110-00 2111 E Main LOT 11 BLK 5 SMITH- QUAM $205.34
15270-00300-050-00 212 S Pine S 6' LOT OF 3, ALL OF LOT 4 & N 30' OF LOT 5 BLK 3 EASTSIDE $185.33
15470-00400-040-00 220 Walker LOT 4 BLK 4 MEISENHOLDERS 3RD $320.79
15710-07400-060-00 221 E Main LOTS 4, 5 & 6 BLK 74 SMITHS $1,264.59
15270-00300-080-00 222 S Pine LOT 7 & N 1/2 OF LOT 8 BLK 3 EASTSIDE $1,350.91
15870-09252-241-03 225 S Yale S-1 IN NE 1/4 NE 1/4
24-92-52 UNPLATTED S YALE $248.59
15170-00100-050-00 23 Linden S 8' OF 4 & N 42' OF 5 BLK 1 COLLEGE PARK $517.20
15710-07300-100-00 23 Forest LOT 9 & 10 BLK 73 SMITHS $345.02
15270-00300-090-00 234 S Pine S 1/2 OF 8 & ALL OF 9 BLK 3 EASTSIDE $371.79
15060-00100-020-00 25 S University LOT 2 BLK 1 BIGELOWS UNIVERSITY $325.19
15280-07800-110-00 301 Lewis LOTS 10 & 11 BLK 78 EAST VERMILLION $50.00
15130-00100-200-00 303 Linden N 75' OF LOT 20 & E 1/2 VACATED ALLEY BRUYERS $348.50
15530-01100-060-00 305 Forest LOTS 1 TO 14 BLK 11 & VACATED ALLEY EXC LOT H1 LOT 8 & LOT H2 LOT 14~ BLK 11 ORIGINAL TOWN~ $248.59 15280-07800-120-00 309 Lewis LOT 12 & W 1/2 OF 13 BLK 78 EAST VERMILLION $186.10 15280-08000-070-00 311 Forest N 1/2 OF W 14' OF 3 & N _ OF 4, 5, 6 & 7 BLK 80 EAST VERMILLION $155.36
15280-08100-040-00 312 Lewis W 7' OF LOT 3 & ALL OF LOT 4 BLK 81 EAST VERMILLION $305.20
15280-07800-140-00 315 Lewis E 1/2 OF 13 & ALL OF 14 BLK 78 EAST VERMILLION $182.00
15280-08200-030-00 315 S University N 1/2 OF LOTS 1, 2 & 3 BLK 82 EAST VERMILLION $228.61
15280-07800-020-00 322 Canby LOTS 1 & 2 BLK 78 EAST VERMILLION ADDN $2,492.78 15280-08000-020-00; 15280-08100-090-00 322 Forest S 1/2 OF VAC 5TH ST & S 1/2 OF LOTS 1 & 2 BLK 80 EAST VERMILLION ; S 1/2 OF W 35' OF LOT 9 BLK 81 EAST VERMILLION $215.29
15280-08100-020-03; 15870-09252-240-06 311 S Yale LOT C-1 BLK 81 EAST VERMILLION; LOT C-2 & S 8' & W 20' OF L-1 24-92-52 UNPLATTED S YALE $348.50
15280-08100-020-00 324 Lewis S 103' 7.5" OF LOTS 1 & 2 BLK 81 EAST VERMILLION ADDN $305.20
15260-00300-090-00 401 Sharpe LOT 9 BLK 3 EASTGATE MANOR 3RD $50.00
15710-07800-000-21 403 E Main W 130' OF N 216' OF BLK 78 SMITHS $2,401.01
15130-00100-180-02 403 Linden N 75' OF LOT 18 & E _ VACATED ALLEY BRUYERS $865.41
15280-08200-090-00 408 Lewis S 132' OF W 30' LOT 8 & S 132' OF E 25' LOT 9 BLK 82 EAST VERMILLION $122.06
15850-00200-020-03 408 S Pine S 65' OF LOT 2 BLK 2 AUD TRACT B OF S 1/2 LOT 2 NW 1/4 19-92-51 $0.00
15130-00100-180-00 409 Linden N 1/2 OF LOT 17 & S 25' OF LOT 18 & E 1/2 VACATED ALLEY BRUYERS $122.06
15280-07500-050-00; 15280-07500-180-00; 15280-07600-040-00 419 Park Lane W 40' OF 3 & ALL 4 & 5 BLK 75 EXC LOT H2 EAST VERMILLION; LOTS 16, 17 & W 40' OF LOT 18 BLK 75 EAST VERMILLION; W 40' OF 3 & ALL OF 4 BLK 76 & VAC PARK AVE EAST VERMILLION $807.87
15280-07700-040-03 421 S University S 1/2 OF 1,2,3 & 4 BLK 77 EAST VERMILLION $1,167.50
15280-08200-050-00 424 Lewis LOT 4 & E 10' OF 5 BLK 82
EAST VERMILLION $244.64
15260-00500-050-00 501 S Norbeck LOT 5 BLK 5 EASTGATE
MANOR 3RD ADDN $238.60
15260-00900-170-00 509 Lee S1/2 OF LOT 16 & LOT 17 & N1/2 OF 18 BLOCK 9 EASTGATE MANOR 3RD $50.00
15260-00300-050-00 510 Catalina S 10' OF LOT 4 & LOT 5 BLK 3 EASTGATE MANOR 3RD $254.97
15260-01200-060-00 511 Mickelson LOT 6 BLK 12 EASTGATE
MANOR 3RD $50.00
15260-00900-050-00 514 S Norbeck LOT 5 BLK 9 EASTGATE
MANOR 3RD $155.10
15170-00100-020-00 515 E Main N 132' OF LOT 2 BLK 1 COLLEGE PARK $886.98
15800-00300-060-03 521 Valley View LOT 6A BLK 3 VALLEY
VIEW $374.30
15800-00100-050-00 526 Poplar LOT 5 BLK 1 VALLEY VIEW $125.38
15260-00900-040-00 600 S Norbeck LOT 4 BLK 9 EASTGATE
MANOR 3RD $50.00
15260-00600-170-00 605 Sharpe LOT 17 BLK 6 EASTGATE MANOR 3RD ADDN $50.00
15260-01100-010-00 618 Lee LOT 1 BLK 11 EASTGATE
MANOR 3RD $50.00 15850-00100-030-03; 15860-09251-190-30 620 Canby W 20' OF LOTS 2 & 3 BLK 1 AUD TRACT B; LOTS 7 & 8 & E 20' OF 9 REPLAT OF AUD TRACT A S 1/2 LOT 2 NW 1/4 19-~92-51 AUD TRACT 19-92-51~ $244.64 15190-00000-060-00 624 Lewis LOT 6 COVERDALES $122.06
15860-09251-190-15 627 Lewis LOT 6 REPLAT OF AUDTRACT A S 1/2 LOT 2 NW 1/4 19-92-51 AUD TRACT
19-92-51 $50.00
15190-00000-070-00 630 Lewis LOT 7 COVERDALES $122.06
15850-00200-020-00 701 Lewis LOT 1 & N 10' OF LOT 2
BLK 2 AUD TRACT B $478.35
15850-00200-030-00 707 Lewis LOT 3 BLK 2 AUD TRACT B S 1/2 OF LOT 2 NW 1/4 19-92-51 $98.76
15270-00300-130-00 716 Maple E 77.7' OF 11, 12 & E 77.7' OF S 1/2 OF 13 BLK 3 EASTSIDE $524.98
15470-00800-070-03; 15600-00200-010-00 806 Valley View LOT 7A REPLAT OF S 25'
OF LOT 7 BLK 8 MEISENHOLDERS 3RD; LOT 1A REPLAT LOT 1 BLK 2 RIDGECREST $347.30
15600-00100-030-00; 15650-00100-030-00 833 Valley View LOT 3 BLK 1 EXC WESTERLY 13.8' RIDGECREST; LOT 3A BLK 1 EXC WESTERLY 75'
RIDGECREST 6TH $145.37
15710-07300-060-00 9 Forest S 30.5' OF E 15' OF LOT 3 & S 30.5'OF LOTS 4, 5 & 6 BLK 73 & N 1/2 VAC ALLEY SMITHS $158.55
15600-00200-080-00 902 Valley View LOT 8 BLK 2 RIDGECREST $122.06
15740-00100-000-00 909 Lewis REPLAT OF BLK 1 (CHURCH & SCHOOL) ST AGNES CHURCH $238.60
15600-00100-070-00; 15650-00100-070-00 917 Ridgecrest LOT 7 BLK 1 RIDGECREST; LOT 7A BLK 1 RIDGECREST 6TH $351.82
15570-00200-010-00 935 Sunset LOT 1 BLK 2 PARK VIEW ACRES 2ND $199.86
15250-00200-060-00 941 Crestview E 32' OF 5 & W 60' OF 6 BLK 2 EASTGATE MANOR 2ND $124.11
15560-00100-040-00 943 E Main LOT 4 BLK 1 PARK VIEW ACRES $164.01
15240-00100-120-03; 15740-00200-050-02 948 Eastgate E 76' OF LOT 12 BLK 1 EASTGATE MANOR; E 76' OF LOT 5 REPLAT BLK 1 & 2 BLK 2 ST AGNES CHURCH $314.25
15570-00100-010-00 948 Sunset LOT 1 BLK 1 PARK VIEW ACRES 2ND $217.09
15560-00100-060-00 949 E Main LOT 6 BLK 1 PARK VIEW ACRES $468.31
15570-00100-020-00 952 Sunset LOT 2 BLK 1 PARK VIEW ACRES 2ND $237.89
15740-00100-000-00 416 Walker REPLAT OF BLK 1 ST AGNES CHURCH $122.06
15170-00200-020-00 102 S University LOT 1 & N 18' OF LOT 2
BLK 2 COLLEGE PARK $155.36
15640-00400-060-00 1114 Ridgecrest LOT 6 BLK 4 RIDGECREST 5TH ADDN $124.11
15610-00100-270-00 1215 Valley View LOT 27 BLK 1 RIDGECREST 2ND $124.11
15260-00900-220-00 1318 Crestview LOT 22 BLK 9 EASTGATE
MANOR 3RD $255.26
15710-07600-020-00 303 E Main LOTS 1 & 2 BLK 76 SMITHS ADDN $732.35
15260-00900-140-00 415 Lee LOT 14 BLK 9 EASTGATE MANOR 3RD $251.92
15800-00200-140-00 514 Valley View LOT 14 BLK 2 VALLEY VIEW $328.51
15260-01500-010-00 519 S Crawford LOT 1A BLK 15 EASTGATE MANOR 3RD $122.06
15670-00100-030-00 915 E Main N 100' OF LOT 3 BLK 1 RUSSOS 1ST $271.90
15250-00100-070-00 952 Crestview E 72' OF LOT 7 BLK 1 EASTGATE MANOR 2ND ADDN $50.00
15840-00300-070-00 1722 Baylor LOTS 7 & 8 BLK 3 WESTGATE $1,477.31
15570-00100-130-03 220 Catalina S 67' OF LOT 13 BLK 1 PARK VIEW ACRES 2ND ADDN $50.00
15460-00200-050-00 812 Canby LOT 5 BLK 2 MEISENHOLDERS $182.00
15365-00100-040-00 409 N Crawford LOT 4 BLK 1 LACROIX $167.92

in the City of Vermillion, Clay County, South Dakota. The assessment rolls were filed in the office of the City Finance Officer of the City of Vermillion, South Dakota on the 14th day of January 2013.

WHEREAS, said Governing Body, by resolution, fixed this time and place for hearing, upon the assessment rolls, and directed the City Finance Officer, of the City of Vermillion, Clay County, South Dakota, to publish a Resolution and Notice for such hearing in the official newspaper of Vermillion, South Dakota, one week prior to the date set for said hearing. Said Resolution and Notice described, in general terms, the improvement for which the special assessment is levied, the date of filing of the assessment rolls, and the time and place for the hearing that the assessment rolls would be open for public inspection at the office of the City Finance Officer of Vermillion, South Dakota, and referred to the assessment rolls for further particulars. The Finance Officer was further directed to mail a copy of the Resolution and Notice, by first-class mail, postage thereon fully prepaid, addressed to the property owners of any property to be assessed for such improvement at their address, as shown by the records of the Director of Equalization, at least one week prior to the date set for the hearing.

WHEREAS, it now appears that the Finance Officer has caused notice of the hearing to be given in the manner provided by the aforementioned Resolution and Notice, and by law.

WHEREAS, all persons interested have been given an opportunity to appear and show cause why the Governing Body should not approve the assessment rolls, and the assessments against the respective premises of the owners, and the Governing Body has determined that the assessment rolls are, in all respects, true and correct and according to law.

NOW, THEREFORE, IT IS RESOLVED, by the Governing Body of the City of Vermillion, Clay County, South Dakota that the special assessment rolls are hereby approved without amendment or change.

BE IT FURTHER RESOLVED, that the approved assessment rolls be filed in the office of the City Finance Officer the day after approval of the assessment rolls. The City Finance Officer shall publish once in the official newspaper of Vermillion, South Dakota, and a copy of this Resolution and Notice, along with the approved assessment rolls.

BE IT FURTHER RESOLVED, that the City Finance Officer shall immediately mail to the owner, or owners, of each lot, parcel or piece of ground, as shown by the assessment rolls, a copy of this Resolution and Notice, along with the approved assessment roll for that location.

NOTICE IS HEREBY GIVEN, that the assessments mentioned in the assessment rolls will be payable according to the provisions of Plan One, as set forth in Sections 9-43-30 to 9-43-41, inclusive of the Codified Laws of 1967 of the State of South Dakota, unless superseded by a deferred assessments agreement.

NOTICE IS FURTHER GIVEN, that any assessment under Plan One, or any installment thereof, may be paid without interest to the City Finance Officer whose office is located in City Hall at 25 Center Street in the City of Vermillion, South Dakota, at any time, within thirty days after the filing of the approved assessment rolls in the office of said City Finance Officer. Thereafter, and prior to the due date of the first installment, the entire assessment remaining, or any number of installments thereof, plus interest thereon, from the filing date to the date of payment, may be paid to the said City Finance Officer. After the due date of the first installment, provided that the installments, which are due together with interest included thereon, have been paid, any or all of the remaining installments not yet due may be paid without additional interest to the said City Finance Officer. All installments paid prior to their respective due dates shall be paid in inverse order of their due dates. No installment, under Plan One, shall be paid to the said City Finance Officer on or after its due date, and on and after said date such installment shall be paid only to the County Treasurer with interest.

NOTICE IS FURTHER GIVEN, that the approved assessment rolls, will be filed with the City Finance Officer on February 20, 2013. The assessment is payable in two (2) installments at ten percent (10%), per annum, interest on unpaid installments as stipulated in the assessment roll for each location. The first installment due date is January 1, 2014. Subsequent installments are due January 1st of each succeeding year until the entire assessment is paid.

The assessment rolls herein referred to are attached.

Dated at Vermillion, South Dakota, this 19th day of February, 2013.

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 Grayson. 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.

7. Old Business - None

8. New Business

A.Joint Powers Advisory Board appointment

Mayor Powell noted that two expression of interest forms were received for the City representative to the Joint Powers Board. Mayor Powell reported that, from the feedback he received from the Council members, he is recommending the appointment of Nicholas Willan as the City representative to the Joint Powers Board for the term ending July 2015.

050-13
Alderman Willson moved approval of the appointment of Nicholas Willan as the City of Vermillion representative to the Joint Powers Board to fill the term ending July 2015. Alderman Grayson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

Mayor Powell also thanked Samantha O'Kelly for her interest in this position.

B. First Reading of Ordinance No. 1296 - Amending Chapter 3, A-1: Agricultural District, Section 3.03, Lot and yard Regulations of Appendix A, 2012 Joint Zoning Regulations for Clay County and the City of Vermillion

Jose Dominguez, City Engineer, reported in December 2012 that the County Commission and City Council met in a joint meeting to consider a zone change request in the joint jurisdictional area from A-1 to R-1 for Mr. Jahn. After discussion, the zone change request was tabled to allow the joint Planning Commissions time to review other options. The joint Planning Commissions met on February 11, 2013 and forwarded a unanimous recommendation to reduce the minimum lot size in the A-1 District to one acre. Jose noted the proposed ordinance presented is based upon that recommendation. The first reading of this ordinance is by the individual governing body and second reading will be a joint meeting of the County Commission and the City Council scheduled for March 5, 2013 at 6:00 p.m.

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Mayor Powell read the title to the above mentioned Ordinance and Alderman Zimmerman moved adoption of the following Resolution:

BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1296 entitled An Ordinance Amending Chapter 3, A-1: Agricultural District, Section 3.03, Lot and yard Regulations of Appendix A, 2012 Joint Zoning Regulations for Clay County and the City of Vermillion 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 19th day of February, 2013 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 vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted.

C. Resolution Authorizing the Purchase of Electric Padmount Switches

Jason Anderson, Assistant City Engineer, reported that the City is in need of three switches for the electric system and the City of Watertown has awarded a bid on six switches meeting our standards to Stuart C. Irby Co. Stuart Irby Co. has agreed to sell the City three switches at the City of Watertown bid price. Jason recommended adoption of the resolution to purchase the three switches from Stuart C. Irby Co. based on the City of Watertown's bid price totaling $42,415.

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After reading the same once, Alderman Davies moved adoption of the following:

RESOLUTION
AUTHORIZING PURCHASE OF
PADMOUNT SWITCHES

WHEREAS, SDCL 5-18A-22 authorizes a governmental entity to purchase necessary supplies from the lowest responsible bidder of another governmental entity or State or United States at the accepted bid price and the concurrence of said bidder, and;

WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by the City of Watertown, South Dakota for pad-mount switches from Stuart C. Irby Co. in the amount of $13,765 each for S&C PME-9 and $14,325 each for S&C PME-11 pad-mount switchgear offers an advantageous price to the City for said items, and;

WHEREAS, the City has contacted Stuart C. Irby Co. and they have agreed to allow the City to purchase one S&C PME-9 and two S&C PME-11 pad-mount switches for the awarded prices and terms as they have contracted with the City of Watertown, South Dakota.

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 S&C PME-9 and two S&C PME-11 pad-mount switches at the awarded prices and under the same terms as the City of Watertown, South Dakota for a total amount of $42,415.

Dated at Vermillion, South Dakota this 19th day of February 2013.

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 Zimmerman. 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.

D. Declaration of Surplus Golf Course Equipment

Jason Anderson, Assistant City Engineer, reported that new mowers were received and now the existing mowers need to be declared surplus and appraised by the Surplus Property Appraisal Committee to be sold by sealed bids. Jason stated that a March 28th bid opening date has been included on the Consensus Agenda.

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Alderman Willson moved approval of declaring the 2005 Toro 5200 D fairway mower and the 2002 Toro 3200 greens reel mower surplus and authorize the appraisal by the Surplus Property Appraisal Committee to be sold by sealed bids. Alderman Davies seconded the motion. Motion carried 8 to 0 Mayor Powell declared the motion adopted.

E. Commercial Collector's License - Waste Management of Sioux Falls

Mike Carlson, Finance Officer, reported that a commercial collector's license application was received from Waste Management of Sioux Falls along with the certificate of insurance. A check was made with the Police Chief noting that no incidents were reported in the local records check. Discussion followed.

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Alderman Willson moved approval of the commercial collector's license for Waste Management of Sioux Falls. Alderman Grayson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

9. Bid Openings - None

10. City Manager's Report
A. John reported on the receipt of a raffle notification from the Knights of Columbus who will be selling $20 booklets with cash prizes ranging from $50 to $150 awarded based on the score of NCAA Mens Basketball tournament games. Proceeds not awarded are going to the project to replace a church sign.

B. John reminded citizens of the need to clear sidewalks within 24 hours after the end of a snow event. He stated that snow should be stored on your property not across the street on a neighbor's property without permission. If snow is moved across the street, that snow should not be left on the street.

C. John reported that the County Commission and City Council will be meeting in a joint meeting to consider second reading of the ordinance to reduce the lot area from 2 acres to 1 acre on Tuesday, March 5th at 6:00 p.m. in City Hall Council chambers.

PAYROLL ADDITIONS & CHANGES

Police: Mark Foley $19.19/hr, Anthoney Klunder $20.66/hr; Library: Dawna Ofstengage $7.54/hr

11. Invoices Payable

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Alderman Davies moved approval of the following invoices:

AGATI, INC LIBRARY FURNISHINGS 5,257.00
AMERICAN LEGAL PUBLISHING ORDINANCE PAGES 341.45
ARCHITECTURE INC. PROFESSIONAL SERVICES 4,597.00
BROADCASTER PRESS ADVERTISING 692.15
BRUNICKS SERVICE INC FUEL 4,046.97
BUREAU OF ADMINISTRATION TELEPHONE 261.67
CANON FINANCIAL SERVICES COPIER LEASE 196.27
CENTURYLINK TELEPHONE 1,485.99
CITY OF VERMILLION LANDFILL 82.00
CLAY-UNION ELECTRIC CORP ELECTRICITY 974.71
DEPT. ENVIRONMENT NATL RES LANDFILL OPERATIONS FEE 2,476.83
GEOTEK ENGINEERING PROFESSIONAL SERVICES 60.00
GREGG PETERS MANAGERS FEE 5,375.00
KAIROI, INC WEBSITE HOSTING/MAINTENANCE 275.00
KNOLOGY DIAL-UP SERVICE 49.95
LOREN FISCHER DISPOSAL HAUL CARDBOARD 140.00
MATHESON TRI-GAS, INC OXYGEN 408.93
MIDAMERICAN GAS USAGE 9,817.92
MIDCONTINENT COMMUNICATION CABLE/INTERNET SERVICE 116.45
PCC, INC COMMISSION AMBULANCE 1,354.29
RESERVE ACCOUNT POSTAGE FOR METER 950.00
SD DEPT OF TRANSPORTATION REGISTRATION 60.00
SPRINT CELL PHONES 1,315.17
STERN OIL CO. FUEL USAGE 11,362.08
THE EQUALIZER ADVERTISING 108.00
UMR REFUND DUPLICATE AMB PAYMENT 472.00
UNITED PARCEL SERVICE SHIPPING 17.63
US POSTMASTER UTILITY POSTAGE/PERMIT 1,050.00
VISA/FIRST BANK & TRUST FUEL/LODGING/SUPPLIES 806.04
JADEEN NEMEC BRIGHT ENERGY REBATE 250.00

Alderman Meins seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

12. Consensus Agenda

A. Set a bid opening of March 28, 2013 for the Sale of Surplus Greens Mower and Fairway Mower

B. Set a public hearing date of March 4, 2013 for a special daily malt beverage and wine license on or about March 16, 2013 for the Vermillion Area Arts Council at 202 Washington Street

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Alderman Willson moved approval of the consensus agenda. Alderman Zimmerman seconded the motion.Motion carried 8 to 0. Mayor Powell declared the motion adopted.

13. Adjourn

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Alderman Osborne moved to adjourn the Council Meeting at 8:13 p.m. Alderman Zimmerman seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted.

Dated at Vermillion, South Dakota this 19th day of February, 2013.

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 total approximate cost of $459.21.
Published: March 1, 2013