City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session August 1, 2016 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, August 1, 2016 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Collier-Wise, Holland, Humphrey, Price, Sorensen (arrived 12:10 p.m.), Ward, Mayor Powell Absent: Erickson, Meins 2. Informational Item – Update on Cherry Street banner project – Intern Derek Chancellor Derek Chancellor, Administrative Intern, reported that in June 2015 the City obtained quotes for metal street banners to be placed along Cherry Street and received a quote of $18,469 for 30 banners. Derek stated that the use of metal banners over vinyl was to provide for a longer lasting product. Derek stated that the $18,500 was included in the budget for 2016. Derek stated that in revisiting this project the company with the low quote had changed their minimum order of metal banners to 100. Derek reported that quotes were requested for 27 metal banners to be placed on every other light pole along Cherry Street from Crawford Road to Stanford Street with the new low quote of $21,459. Derek stated that he has been working with the VCDC on graphics for the banners and provided some samples but has been unable to confirm if the price quote includes graphics or how many different graphics. Derek answered questions on the banners noting that when additional information is available he will update the City Council. The consensus of the City Council was to wait to make any decision until additional information is received. 3. Informational Item – Discussion of design options and funding for new northeast electrical substation – Electrical Superintendent Monty Munkvold and Finance Officer Mike Carlson. Monty Munkvold, Electric Superintendent, reported that DGR completed a system study and recommended the need to increase the system capacity by adding a substation. Alderman Sorensen arrived 12:10 p.m. 1 Monty stated that the existing substations each have three circuits and the new substation will have three but is expandable to five to allow for better service to the customers. Monty stated that the location would be north of Masaba with the service transmission line going north and then west to connect to the east leg of the existing transmission line along University Road. Monty stated that the original design of the substation had an estimated cost of $5 million. Monty stated that since WAPA joined SPP there has been a push to design the substation to have a third connection to allow for possible interconnection in the future. Monty stated that the increased cost now would be less than adding this connection in the future. Discussion followed on the substation cost and third connection. John Prescott, City Manager, explained the changes brought about by WAPA joining SPP and the possibility of the City being reimbursed for the transmission portion of the project. John stated that MRES is our agent in working with SPP and the last discussion on our proposed northeast substation have some of the other SPP members asking questions if this is a qualifying project. John noted that, if the project is not qualifying, there will be no reimbursement from SPP for part of the costs. Discussion followed with John answering questions on the SPP funding noting that MRES has another meeting on August 15th so we may know more after that but there is no guarantee. Mike Carlson, Finance Officer, reviewed the funding options for the northeast substation that would be a combination of electric fund balance and a bond. Mike recommended the bond be a surcharge bond so the debt does not apply to the 5% debt limit. Mike reviewed an option of using electric fund balance for part of the project and the bond reserve with borrowing $4.385 million at an estimated 3.11% for 25 years. Mike stated that if funds are received from SPP for the transmission facilities they could be used to service the debt. Discussion followed with Mike answering questions on the financing and electric fund balance. 4. Briefing on the August 1, 2016 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 5. Adjourn 237-16 Alderman Ward moved to adjourn the Council special session at 12:52 p.m. Alderman Price seconded the motion. Motion carried 7 to 0. Mayor Powell declared the motion adopted. 2 Dated at Vermillion, South Dakota this 1st day of August, 2016. 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 August 1, 2016 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, August 1, 2016 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Holland, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell 2. Pledge of Allegiance 3. Minutes A. Minutes of July 18, 2016 Special Meeting, July 18, 2016 Regular Meeting, July 18, 2016 Joint Special Meeting with Clay County Commission 238-16 Alderman Holland moved approval of the July 18, 2016 Special Meeting, July 18, 2016 Regular Meeting and July 18, 2016 Joint Special Meeting with Clay County Commission minutes. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda 3 239-16 Alderman Collier-Wise moved approval of the agenda. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 5. Visitors to be Heard A. Recognition of U-12 Boys State Baseball championship Jim Goblirsch, Director of Parks and Recreation, wanted to recognize the Vermillion Baseball Association and the Girls FastPitch Softball Association for having state championship teams. Jim asked Coach Jeff Kratz to introduce the U-12 baseball team. Coach Jeff Kratz recognized the players, parents and community. Coach Kratz presented a certificate of appreciation to the Parks and Recreation Department to Jim Goblirsch. Coach Jeff Kratz introduced the individual members of the championship team. Mayor Powell congratulated the team on their accomplishments. B. Recognition of U-14 Girls State Softball championship Jim Goblirsch, Director of Parks and Recreation, reported that the U- 14 were state champions but also finished fifth in the national tournament this past weekend. Jim asked Coach Stacey Baedke to introduce the U-14 softball team. Coach Stacey Baedke reviewed the accomplishments of the team over this season. Coach Baedke introduced the individual members of the state championship team. Mayor Powell congratulated the team on their accomplishments. C. Mayoral Proclamation Andrew J. Colvin Appreciation Day Alderman Ward read the Mayoral Proclamation recognizing August 1, 2016 as Andrew J. Colvin Appreciation Day for his contributions to city during his tenure and wishing him the best in his new job. Andy Colvin thanked the Mayor and City Council. 6. Public Hearings A. Retail on-off sale malt beverage license and retail on-off sale wine license for Fire Works, Inc. for Dakota Brick House at 13 & 15 W. Main Street Mike Carlson, Finance Officer, reported that an application was received from Fire Works, Inc. for a retail on-off sale malt beverage license and retail on-off sale wine license for Dakota Brick House at 13 & 15 West Main Street. Mike reported that the City Council has the ability to issue a license based upon suitable person and suitable location. Mike reported that the corporate officers of Fire Works, 4 Inc are Jim Waters and Monica Iverson who are owners of Café Brule, Inc and there have been no issues with that license. Mike stated as to location the city has issued licenses to this location in the past. Mike stated that the Police Chief’s report and notice of hearing were included in the packet. Mike noted that the renovations are not complete and recommended issuances of the licenses contingent upon the building official issuing an occupancy permit. 240-16 Alderman Ward moved approval of the issuance of retail on-off sale malt beverage license and retail on-off sale wine license for Fire Works, Inc. for Dakota Brick House at 13 & 15 W. Main Street contingent upon building official issuance of an occupancy permit. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Special daily malt beverage and wine license on or about August 12 & 13, 2016 for the Clay County Agricultural Fair Association at the fairgrounds west arena Mike Carlson, Finance Officer, reported that an application was received from the Clay County Agricultural Fair Association for a special daily malt beverage and wine license on or about August 12th and 13th for the demolition derby and Ranch Rodeo during the Clay County Fair. Mike stated that the notice of hearing and Police Chief’s reports are included in the packet. Mike recommended approval of the special license unless additional information is provided at the hearing. 241-16 Alderman Collier-Wise moved approval of the special daily malt beverage and wine license for the Clay County Agricultural Fair Association, Inc. on or about August 12 and 13, 2016 at the Clay County Fairgrounds. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 7. Old Business - None 8. New Business A. Street closure request for the Clay County Fair for High Street from Cherry Street to the south end of the Fairgrounds from 7:00 a.m. on Saturday, August 11, 2016 until 5:00 p.m. on Sunday, August 14, 2016 Derek Chancellor, Administrative Intern, reported that Clay County Agricultural Fair Association is hosting the annual Clay County Fair 5 from August 11 to 14, 2016 and is requesting the temporary closure of a portion of High Street as it abuts the fairgrounds similar to what has been done in prior years. Derek stated that the request is to close High Street along the fairgrounds from 7:00 a.m. on Thursday, August 11, 2016 until 5:00 p.m. on Sunday, August 14, 2016. 242-16 Alderman Ward moved approval of the closing of High Street along the fairgrounds from 7:00 a.m. on Thursday, August 11, 2016 until 5:00 p.m. on Sunday, August 14, 2016 for the Clay County Fair. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Alderman Erickson stated that he has received a request from the Fair Board asking if the City Council would be willing to serve ice cream on Friday, August 12th at 5:00 p.m. at the fairgrounds. B. Resolution relating to Prentis Street lift station improvements and authorizing and directing the issuance of a revenue bond to pay the cost of improvements Mike Carlson, Finance Officer, reported that Banner Associates performed an assessment of the Prentis Lift Station and downstream sanitary sewer to determine its useful life. Mike noted that the assessment showed that the lift station was deteriorating and undersized for future growth and the downstream sewer was undersized for current conditions with the recommendations to replace the lift station and downstream sewer. Mike stated that the City Council approved including the lift station project on the State Water Plan and Banner Associates completed the facility plan in March that is required for the State Revolving Fund (SRF) loan and Community Development Grant (CDBG) applications. Mike stated that SECOG completed the SRF loan and CDBG applications that were filed with Department of Environment and Natural Resources (DENR) and Governor’s Office of Economic Development. Mike reported that in June the City was approved for an $812,000 SRF loan and awarded a $515,000 CDBG to help fund the lift station and downstream sewer. Mike stated that the adoption of this resolution is the next step in the SRF loan process. Mike stated that the resolution was prepared by Dougherty & Company, Bond Counsel, and has been reviewed by the DENR attorney and City Attorney, Jim McCulloch. Mike stated that the SRF loan is for 20 years at 3% interest with the funds to be provided to the City upon documentation of expenditure for qualifying expenses. 243-16 After reading the same once, Alderman Sorensen moved adoption of the following: 6  RESOLUTION RELATING TO THE IMPROVEMENT OF THE WASTEWATER COLLECTION SYSTEM AND TREATMENT FACILITIES; CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION OF THE MONEYS DERIVED THEREFROM; AUTHORIZING AND DIRECTING THE ISSUANCE AND SALE OF A REVENUE BOND TO PAY THE COST OF SAID IMPROVEMENTS; DEFINING THE TERMS AND MANNER OF PAYMENT OF THE BOND AND THE SECURITY THEREOF AND APPROVING THE FORM OF LOAN AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERMILLION, SOUTH DAKOTA, AS FOLLOWS: SECTION 1. AUTHORIZATION AND FINDINGS. 1.01. The City of Vermillion, South Dakota (the Issuer) currently operates a wastewater collection system and wastewater treatment facilities (collectively, the Utility), for municipal, industrial and domestic purposes. 1.02. The Issuer is authorized to borrow money and issue its revenue bonds under South Dakota Codified Laws, Chapters 9-40 (the “Act”) and 6-8B, in order to finance a portion of the cost of improvements to the Utility, including replacement of its Prentis Street Lift Station and a portion of the downstream sewer (the “Improvements”). The Issuer is authorized to issue its obligations in order to defray the cost thereof, and to make all pledges, covenants and agreements authorized by law for the protection of the holders of the obligations, including, without limitation, those covenants set forth in SDCL, Sections 9-40-16 and 9-40-17. The obligations are payable from the Net Revenues of the Utility, as defined in Section 2.03 hereof. 1.03. The execution and delivery of the Revenue Obligation Loan Agreement between South Dakota Conservancy District (the District) and the Issuer (the Loan Agreement), the form of which has been submitted to this Council, and the pledging of the loan payments thereunder for the security of the State Revolving Fund revenue bond of the Issuer and the interest thereon shall be, and they are, in all respects, hereby authorized, approved and confirmed, and the Mayor and Finance Officer are hereby authorized and directed to execute and deliver the Loan Agreement in the form and content submitted to this Council, with such changes that are not substantive as the Attorney for the Issuer deems appropriate and approves, for and on behalf of the Issuer. The Mayor and Finance Officer are hereby further authorized and directed to implement and perform the covenants and obligations of the Issuer as set forth in or required by the Loan Agreement. 7  1.04. The issuance of a revenue bond of the Issuer, of not more than $812,000 principal amount in the form and content set forth in Appendix B to the Loan Agreement (the Bond) is hereby authorized, approved and confirmed, and the Mayor, Finance Officer and other appropriate officials of the Issuer shall be authorized to execute and deliver the Bond to the District, for and on behalf of the Issuer, upon receipt of the purchase price and to deposit the proceeds thereof in the manner provided for in the Loan Agreement. The Mayor and Finance Officer are hereby authorized to approve the final terms of the Bond, and their execution and delivery of the Bond shall evidence such approval. The terms of the Bond, as so executed and delivered, shall be deemed to be incorporated herein by reference. 1.05. The Issuer hereby determines that because the Bond is issued in connection with a financing agreement described in SDCL 46A- 1-49, pursuant to SDCL 9-40-15, no election is required to issue the Bond. It is hereby found and determined that the principal amount of the Bond, when added to all other indebtedness of the Issuer subject to its general (5%) debt limit, will not exceed 5% of the assessed value of the taxable property in the Issuer. SECTION 2. FUNDS AND ACCOUNTS. For the purpose of application and proper allocation of the income of the Utility and to secure the payment of principal of and interest on the Bond, the following funds and accounts shall be used solely for the following respective purposes until payment in full of the principal of and interest on the Bond: 2.01. Utility Fund; Bond Proceeds and Revenues Pledged and Appropriated. A fund designated as the Utility Fund (the Fund) has been established and shall be maintained as a separate and special bookkeeping account on the official books of the Issuer until the Bond and any additional bonds (together referred to as the Bonds) payable from the Net Revenues of the Utility, as provided in Sections 3.02 through 3.04 hereof and interest, Administrative Expense Surcharge and redemption premiums due thereon have been fully paid, or the Issuer’s obligation with reference to the Bond has been discharged as provided in this resolution. All proceeds of the Bond and all other funds hereafter received or appropriated for purposes of the Utility are appropriated to the Fund. All gross revenues of the Utility are irrevocably pledged and appropriated and shall be credited to the Fund as received. Such gross revenues shall include all gross income and receipts from rates and charges imposed for the availability, benefit and use of the Utility as now constituted and of all replacements and improvements thereof and additions thereto, and from penalties and interest thereon, and from any sales of property acquired for the Utility and all income received from the investment of such gross revenues; but not any taxes levied or amounts borrowed or received as grants for construction of any part of the Utility. The Fund shall be 8 subdivided into separate accounts as designated and described in Sections 2.02 to 2.06, to segregate income and expenses received, paid and accrued for the respective purposes described in those sections. The gross revenues of the Utility received in the Fund shall be apportioned monthly or as soon as possible after the first day of each month, commencing the first calendar month following the delivery of the Bond, which apportionment is hereinafter referred to as the “monthly apportionment.” 2.02. Construction Account. The Construction Account shall be used only to pay as incurred and allowed costs which under financial and reporting standards as promulgated by the Governmental Accounting Standards Board, the Financial Accounting Standards Board, or an Other Comprehensive Basis of Accounting, as applicable (referred to herein as Financial and Reporting Standards), are capital costs of the Utility, and of such future reconstructions, improvements, betterments or extensions of the Utility as may be authorized in accordance with law; including but not limited to payments due for work and materials performed and delivered under construction contracts, architectural, engineering, inspection, supervision, fiscal and legal expenses, the cost of lands and easements, interest accruing on the Bond during the first year following the date of its delivery, if and to the extent that the Revenue Bond Account is not sufficient for payment of such interest, reimbursement of any advances made from other Issuer funds, and all other expenses incurred in connection with the construction and financing of any such undertaking. To the Construction Account shall be credited as received all proceeds of the Bond, except amounts appropriated to the Revenue Bond Account under Section 2.04, all other funds appropriated by the Issuer for the Utility, and all income received from the investment of the Construction Account. 2.03. Operating Account. On each monthly apportionment there shall first be set aside and credited to the Operating Account, as a first charge on the gross revenues, such amount as may be required over and above the balance then held in the Operating Account to pay the reasonable and necessary operating expenses of the Utility which are then due and payable, or are to be paid prior to the next monthly apportionment. The term “operating expenses” shall mean the current expenses, paid or accrued, of operation, maintenance and current repair of the Utility, calculated in accordance with Financial and Reporting Standards, and shall include, without limitation, administrative expenses of the Issuer relating solely to the Utility, premiums for insurance on the properties thereof, labor and the cost of materials and supplies used for current operation and for maintenance, and charges for the accumulation of appropriate reserves for current expenses which are not recurrent monthly but may reasonably be expected to be incurred in accordance with Financial and Reporting Standards. 9 Such operating expenses shall not include any allowance for depreciation or renewals or replacements of capital assets of the Utility and shall not include any portion of the salaries or wages paid to any officer or employee of the Issuer, except such portion as shall represent reasonable compensation for the performance of duties necessary to the operation of the Utility, nor any amount properly payable from any other account of the Fund. The Net Revenues of the Utility, as referred to in this resolution, are hereby defined to include the entire amount of such gross revenues remaining after each such monthly apportionment, after crediting to the Operating Account the amount required hereby, including sums required to maintain an operating reserve equal to one month’s estimated operating expenses. 2.04. Revenue Bond Account. Upon each monthly apportionment there shall be set aside and credited to the Revenue Bond Account, out of the Net Revenues of the Utility, an amount equal to one-third of the total sum of the principal and interest to become due on the Bond on the next succeeding Loan Payment Date (as defined in the Bond). Moneys from time to time held in the Revenue Bond Account shall be disbursed only to meet payments of principal and interest on the Bond as such payments become due; provided, that on any date when the outstanding Bond is due or prepayable by its terms, if the amount then on hand in the Revenue Bond Account is sufficient, with other moneys available for the purpose, to pay the Bond and the interest accrued thereon in full, it may be used for that purpose. If any payment of principal or interest becomes due when moneys in the Revenue Bond Account are temporarily insufficient, such payment shall be advanced out of any Net Revenues theretofore segregated and then on hand in the Replacement and Depreciation Account or the Surplus Account. In the event that sufficient moneys are not available from the aforementioned sources the Issuer, to the extent it may, at the time legally do so, may, but shall not be required to, temporarily advance moneys to the Revenue Bond Account from other revenues of the Utility or from other funds of the Issuer on hand and legally available for the purpose, but any such advance shall be repaid from Net Revenues of the Utility within 24 months. 2.05. Replacement and Depreciation Account. There shall next be set aside and credited, upon each monthly apportionment, to the Replacement and Depreciation Account such portion of the Net Revenues, in excess of the current requirements of the Revenue Bond Account (which portion of the Net Revenues is referred to herein as Surplus Net Revenues), as the City Council shall determine to be required for the accumulation of a reasonable reserve for renewal of worn out, obsolete or damaged properties and equipment of the Utility. Moneys in this account shall be used only for the purposes above stated or, if so directed by the City Council, to redeem Bonds which are prepayable 10 according to their terms, to pay principal or interest when due thereon as required in Section 2.04 hereof, or to pay the cost of improvements to the Utility; provided, that in the event that the Issuer shall hereafter issue bonds for the purpose of financing the construction and installation of additional improvements or additions to the Utility, but which additional bonds cannot, upon the terms and conditions provided in Section 3, be made payable from the Revenue Bond Account, Surplus Net Revenues from time to time received may be segregated and paid into one or more separate and additional accounts for the payment of such bonds and interest thereon, in advance of payments required to be made into the Replacement and Depreciation Account. 2.06. Surplus Account. Any amount of the Surplus Net Revenues from time to time remaining after the above required applications thereof shall be credited to the Surplus Account, and the moneys from time to time in that account, when not required to restore a current deficiency in the Revenue Bond Account as provided in Section 2.04 hereof, may be used for any of the following purposes and not otherwise: (a) to redeem and prepay principal of the Bond when and as such principal becomes prepayable according to its terms; (b) if the balances in the Revenue Bond Account and the Replacement and Depreciation Account are sufficient to meet all payments required or reasonably anticipated to be made therefrom prior to the end of the current fiscal year, then; (i) to pay for repairs or for the construction and installation of improvements or additions to the Utility; (ii) to be held as a reserve for redemption and prepayment of principal of the Bond which is not then but will later be prepayable according to its terms; and (iii) with the written consent of the District, transferred to one or more specified funds of the Issuer. No moneys shall at any time be transferred from the Surplus Account or any other account of the Fund to any other fund of the Issuer, nor shall such moneys at any time be invested in warrants, special improvement bonds or other obligations payable from other funds, except as provided in this section. 2.07. Deposit and Investment of Funds. The Finance Officer shall cause all moneys pertaining to the Fund to be deposited as received with one or more banks which are duly qualified public depositories under the provisions of Chapter 4-6A, South Dakota Codified Laws, in a deposit account or accounts, which shall be maintained so long as any 11 of the Bonds and the interest thereon shall remain unpaid. The deposit and investment of all moneys pertaining to the Fund must, on the books and records of the Issuer, be maintained separate and apart from all other funds of the Issuer. Any of such moneys not necessary for immediate use may be deposited with such depository banks in savings or time deposits. No moneys shall at any time be withdrawn from such deposit accounts except for the purposes of the Fund as authorized in this resolution; except that moneys from time to time on hand in the Fund may at any time, in the discretion of the City Council, be invested in securities permitted by the provisions of South Dakota Codified Laws, Section 4-5-6; provided, that the Replacement and Depreciation Account may be invested in such securities maturing not later than ten years from the date of the investment. Income received from the deposit or investment of moneys shall be credited to the account from whose moneys the deposit was made or the investment was purchased, and handled and accounted for in the same manner as other moneys in that account. The investment of the moneys on deposit in the Revenue Bond Account is further restricted by the provisions of Section 6.01 hereof. Deposits and securities described in this section shall constitute “Qualified Investments.” 2.08. Additional Revenues or Collateral. The Issuer reserves the right at any time to pledge additional moneys, revenues or collateral as security for the Bond and any additional bonds. Such pledge shall not be effective unless and until the Issuer receives, and provides to the bond registrar an opinion of, nationally recognized bond counsel stating that such pledge will not adversely affect the validity or tax exemption of the Bond and any additional bonds then outstanding. 2.09. Appropriation of Other Moneys. The Issuer reserves the right in any year while the Bond is outstanding to appropriate from moneys on hand and legally available for such purpose in its cash reserve accounts such amounts as this Council may specify and direct that such amounts be used to pay principal and interest on the Bond. Any such appropriation shall reduce the obligation of the Issuer to impose rates and charges under Section 3.04 hereof. 2.10. Statutory Mortgage. The Issuer covenants and agrees that pursuant to SDCL 9-40-28 and SDCL 9-40-29, the lawful holders of the Bond shall have a statutory mortgage lien upon the Utility and the extensions, additions and improvements thereto acquired pursuant to the Act, until the payment in full of the principal, interest, and Administrative Expense Surcharge on the Bond, and the Issuer agrees not sell or otherwise dispose of the Utility, the Improvements, or any substantial part thereof, except as provided in the Loan Agreement and shall not establish, authorize or grant a franchise for the operation of any other utility supplying like products or services in competition therewith, or permit any person, firm or corporation to compete with it 12 in the distribution of water for municipal, industrial, and domestic purposes within the Issuer. SECTION 3. PRIORITIES AND ADDITIONAL BONDS. 3.01. Priority of Bond Payments. If at any time the Net Revenues of the Utility are insufficient to pay principal and interest then due on the Bond, any and all moneys then on hand shall be first used to pay the interest accrued on the Bond, and the balance shall be applied toward payment of the maturing principal of the Bond in order of their maturities, the earliest maturing principal to be paid first, and pro rata in payment of principal maturing on the same date. 3.02. Additional Bonds. The Issuer reserves the right to issue additional bonds, payable from the Revenue Bond Account of the Fund, on a parity as to both principal and interest with the Bond in the manner and upon satisfaction of the conditions and subject to the limitations set forth in the Loan Agreement, and if any Prior Bonds are then outstanding, subject to the limitations contained in the resolutions under which such Prior Bonds were issued. 3.03. Compliance with Loan Agreement. The Issuer will comply, so long as the Bond is outstanding, and unpaid, with all of the provisions of the Loan Agreement, to the same extent as though such provisions were set forth in this resolution. 3.04. Rates and Charges. The Issuer will maintain, revise, charge and collect rates and other charges for all service furnished and made available by the Utility, according to schedules such that the gross revenues derived therefrom will be sufficient, when combined with other available funds, to pay when due all expenses of the operation and maintenance of the Utility, and all principal of and interest on the Bond, to provide for the establishment and maintenance of adequate reserves, to provide an allowance adequate for recurring renewals and replacements of the Utility, to satisfy the rate covenant provided in Section 6.4 of the Loan Agreement and to fulfill the terms of all other agreements with holders of the Issuer’s bonds. SECTION 4. AMENDMENTS. 4.01. Amendments Without Bondholder Consent. The Issuer reserves the right to amend this resolution from time to time and at any time, for the purpose of curing any ambiguity or of curing, correcting or supplementing any defective provision contained herein, or of making such provisions with regard to matters or questions arising hereunder as this City Council may deem necessary or desirable and not inconsistent with this resolution, and which shall not adversely affect the interest of the holder of the Bond, or for the purpose of adding to 13 the covenants and agreements herein contained, or to the gross revenues herein pledged, other covenants and agreements thereafter to be observed and additional gross revenues thereafter appropriated to the Fund, for the purpose of surrendering any right or power herein reserved to or conferred upon the Issuer, or for the purpose of authorizing the issuance of additional bonds in the manner and subject to the terms and conditions prescribed in Section 3. Any such amendment may be adopted by resolution, without the consent of the holder of the Bond. 4.02. Amendments With Bondholder Consent. With the consent of the holder of the Bond as provided in Section 4.03, the Issuer may from time to time and at any time amend this resolution by adding any provisions hereto or changing in any manner or eliminating any of the provisions hereof, or of any amending resolution, except that no amendment shall be adopted at any time without the consent of the holder of the Bond which are then outstanding, if it would extend the maturities of any Bond, would reduce the rate or extend the time of payment of interest thereon, would reduce the amount or extend the time of payment of the principal or redemption premium thereof, would give to any Bond any privileges over any other Bond, would reduce the sources of gross revenues appropriated to the Fund, would authorize the creation of a pledge of gross revenues prior to or on a parity with the Bond (except as is authorized by Section 3), or would reduce the percentage in principal amount of Bonds required to authorize or consent to any such amendment. 4.03. Notice and Consent. Any amendment adopted pursuant to Section 4.02 shall be made by resolution, mailed to each holder of a Bond affected thereby, and shall become effective only upon the filing of written consents with the Finance Officer, signed by the holders of not less than two-thirds in principal amount of the Bonds which are then outstanding or, in the case of an amendment not equally affecting all outstanding Bonds, by the holders of not less than two-thirds in principal amount of the Bond adversely affected by such amendment. Any written consent to an amendment may be embodied in and evidenced by one or any number of concurrent written instruments of substantially similar tenor signed by bondholders in person or by agent duly appointed in writing, and shall become effective when delivered to the Finance Officer. Any consent by the holder of any Bond shall bind the holder and every future holder of the same Bond with respect to any amendment adopted by the Issuer pursuant to such consent, provided that any bondholder may revoke his consent with reference to any Bond by written notice received by the Finance Officer before the amendment has become effective. In the event that unrevoked consents of the holders of the required amount of Bonds have not been received by the Finance Officer within one year after the mailing of any amendment, the 14 amendment and all consents theretofore received shall be of no further force and effect. 4.04. Proof. Proof of the execution of any consent, or of a writing appointing any agent to execute the same, or of the ownership by any person of a Bond, shall be sufficient for any purpose of this resolution and shall be conclusive in favor of the Issuer if made in the manner provided in this section. The fact and date of the execution by any person of any such consent or appointment may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer authorized by law to take acknowledgements that the person signing such writing acknowledged to him the execution thereof. The amount of Bonds held by any person by or for whom a consent is given, and the distinguishing numbers of such Bond, and the date of holding the same, shall be proved by the bond register. The fact and date of execution of any such consent may also be proved in any other manner which this Council may deem sufficient; but this City Council may nevertheless, in its discretion, require further proof in cases where it deems further proof desirable. SECTION 5. PAYMENT OF BOND. 5.01. General. When the liability of the Issuer on the Bond has been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holder of the Bond shall cease. 5.02. Payment. The Issuer may discharge its liability with reference to any Bond which is due on any date by depositing with the holder or holders thereof, or the paying agent or agents, if any, for such Bond on or before that date a sum sufficient for the payment thereof in full; or if any Bond shall not be paid when due, the Issuer may nevertheless discharge its liability with reference thereto by depositing with the holder or holders thereof, or the paying agent or agents, if any, a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. 5.03. Prepayable Bond. The Issuer may also discharge its liability with reference to any prepayable Bond which is called for redemption on any date in accordance with its terms, by depositing with the holder or holders thereof, or the paying agent or agents, if any, on or before that date an amount equal to the principal, interest and redemption premium, if any, which are then due thereon, provided that notice of such redemption has been duly given as provided in the resolution authorizing the Bond. SECTION 6. TAX MATTERS AND EFFECTIVE DATE. 15  6.01. Tax Matters. (a) Covenant. The Issuer covenants and agrees with the holders from time to time of the Bond that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bond to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and applicable Treasury Regulations (the Regulations). (b) Use of Utility. The Issuer covenants and agrees that it will not, nor will it permit any of its officers, employees or agents, to enter into any lease, use or other agreement with any person other than a state or political subdivision or agency or instrumentality of a state, relating to the use of the Utility or the security for the Bond which might cause the Bond to be considered a “private activity bond” within the meaning of Section 141 of the Code. (c) Investment of Moneys on Deposit in Revenue Bond Account. The Finance Officer shall ascertain monthly the amount on deposit in the Revenue Bond Account. If the amount on deposit therein ever exceeds by more than $40,600 the aggregate amount of principal and interest due and payable from the Revenue Bond Account within 13 months thereafter, such excess shall either (1) not be invested except at a yield equal to or less than the yield borne by the Bond, or (2) be used to prepay and redeem principal installments of the Bond. (d) Certification. The Mayor and Finance Officer, being the officers of the Issuer charged with the responsibility for issuing the obligations pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to satisfy the provisions of Section 1.148-2(b) of the Regulations. Such certification shall state that on the basis of the facts, estimates and circumstances in existence on the date of issue and delivery of the Bond as therein set forth, it is not expected that the proceeds of the Bond will be used in such a manner that would cause the Bond to be an arbitrage bond, and the certification shall further state that to the best of the knowledge and belief of the officers there are no other facts, estimates or circumstances that would materially change such expectation. 6.02. Qualified Tax-Exempt Obligations. The City Council hereby designates the Bond as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code relating to the disallowance of interest expense for financial institutions, and hereby finds that the reasonable anticipated amount of tax-exempt obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the Issuer and all subordinate entities thereof during calendar year 2016 does not exceed $10,000,000. 16  6.03. Tax-Exempt Status of the Bond and Rebate. The Issuer shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bond, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bond, and (3) the rebate of excess investment earnings to the United States. 6.04. Repeal. All provisions of all other ordinances, resolutions and other actions and proceedings of the Issuer and of this City Council which are in any way inconsistent with the terms and provisions of this resolution are repealed, amended and rescinded to the full extent necessary to give full force and effect to the provisions of this resolution. Dated at Vermillion, South Dakota this 1st day of August, 2016. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor Attest: _____________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. C. Final Plat of Lot 1, Block 1, Turner’s Addition to the City of Vermillion, Clay County, South Dakota (southwest corner of Jefferson and E. Clark Street) Jose Dominguez, City Engineer, reported on the receipt of a final plat for a lot in Turner’s Addition. Jose reported that the lot is located at the southwest corner of Jefferson Street and E. Clark Street and is roughly 0.41 – acres in area. Jose reported that staff reviewed the final plat and found that it complies with all code provisions. Jose reported that the final plat was unanimously approved by the Planning Commission at their meeting on Monday, July 25, 2016. 17 244-16 After reading the same once, Alderman Holland moved approval of the following plat: WHEREAS IT APPEARS that the owners thereof have caused a plat to be made of the following described real property: Lot 1, Block 1, Turner’s Addition to the City of Vermillion, Clay County, South Dakota for approval. BE IT RESOLVED that the attached and foregoing plat has been submitted to and a report and recommendations thereon made by the Vermillion Planning Commission to the City Council of Vermillion which has approved the same. BE IT FURTHER RESOLVED that the attached and foregoing plat has been submitted to the Governing Body of the City of Vermillion which has examined the same, and it appears that the systems of streets and alleys set forth therein conforms to the system of streets and alleys of the existing plat of such city, and that all taxes and special assessments, if any, upon the tract or subdivision have been fully paid and that such plat and survey thereof have been executed according to law, and the same is hereby accordingly approved. The motion was seconded by Alderman Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Powell declared that the Resolution was adopted. D. Utilities Committee recommendation on renewing the cable franchise agreement John Prescott, City Manager, reported that in September 1999, the City Council adopted a 15-year nonexclusive franchise agreement for cable television services. John noted that the original franchise agreement was signed with Zylstra Communications Corporation but has been transferred several times since 1999 and is currently held by Midcontinent Communications. John stated that while the original franchise term is for fifteen years it also provides for “two (2) additional twelve-month (12) periods that the City Council has approved. John reported that discussions were held with Midcontinent Communications regarding the extension of the current franchise, but the cable company did not like the existing franchise document and, through these discussions, a proposed draft franchise has been developed. John stated that the draft of the franchise was presented to the Utilities Committee at their meeting on Wednesday, July 20, 2016 and major points were reviewed and discussed. John stated that the 18 proposed franchise is for 10 years and there are no system improvement payments included. John noted that most of the free services have been removed except for City Hall, the Library, and the Vermillion public schools. John stated that the number of PEG channels has been reduced from three to two. John stated that presentations to the City Council were included in the new franchise agreement while the cable franchise fee will remain at 5% on gross revenue and the requirement to install service to new developments will be changed to new service within 150 feet of existing lines or 10 subscribers within a quarter mile of existing service. John reported that the Utility Committee has reviewed the document with the recommendation to move forward with the franchise. 245-16 Alderman Holland moved to accept the report of the Utility Committee on the non exclusive Cable TV Franchise and move forward with the consideration of the ordinance. Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. E. Presentation of the proposed 2017 budget John Prescott, City Manager, stated that the 2017 Proposed Budget was included in the binder placed at each seat at the Council table or was sent by email. John stated that the budget utilizes conservative fiscal principals to develop a plan of action for 2017 and will serve as the starting point for the City Council. John stated that the proposed budget will be reviewed during budget session scheduled for August 10th and 11th in the large conference room on second floor of City Hall. John reviewed some of the major items included in the budget. Discussion followed. 246-16 Alderman Price moved to acknowledge receipt of the 2017 proposed budget. Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. F. Work order for survey of proposed shared use path repair options Jose Dominguez, City Engineer, reported that a portion of the shared use path along the Vermillion River has fallen into the river causing the path to be closed. Jose stated that this work order is to complete survey work and prepare plan sheets showing options connecting the shared use path completing the route. Jose reported that the costs associated with the work order will be paid by the DOT through the Federal Grant received by the City in 2006. Jose noted that the work is to be completed by January 17, 2017 at a cost of $3,300. Jose 19 recommended approval of the work order for shared use path survey and design options as presented. 247-16 Alderman Collier-Wise moved approval of the work order for survey for proposed shared use path repair options with the SD DOT and Banner Engineering at a cost of $3,300. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings A. SCBA Equipment Jose Dominguez, City Engineer, reported that the City received Assistance to Firefighter Grant in July 2016 in the amount of $149,715 with a 5% match of $7,485 total funds of $157,200 to purchase self- contained breathing apparatus (SCBA). Jose reported that bids were opened at 2:00 p.m. today with Feld Fire being low on the base and alternates. Jose stated that the base bid was for 25 45-minute rated SCBA with a spare cylinder for each SCBA, 43 face-piece assemblies and the bid alternate number one was for 5 spectacle kits. Jose stated that the Fire Department would like 10 of the spectacle kits included in alternate number one and the base bid for a total purchase of $148,506.11. Bid: Allegiantes - base bid $152,010; base and alt 1 $152,875; base and alt 2 $176,510; base and alt 1 & 2 $177,375: Feld Fire - base bid $148,066.11; base and alt 1 $148,286.11; base and alt 2 $168,816.11; base and alt 1 & 2 $169,036.11 248-16 Alderman Sorensen moved approval of the low bid of for the Fire Department SCBA equipment of Feld Fire of $148,066.11 plus two alternate one additions of $220 each for a total of $148,506.11. Alderman Holland seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. B. Fuel Quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on all four items. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $1.7566, Brunick’s Service $1.77; Item 2 – 1,000 gal unleaded gasoline – regular: Stern Oil $2.0102, Brunick’s Service $2.02; Item 3 – 3,000 gal Diesel fuel dyed: Stern Oil $1.5092, Brunick’s Service $1.56; Item 4 - 1,000 gal diesel fuel-clear: Stern Oil $1.8157, Brunick’s Service $1.87. 20 249-16 Alderman Price moved approval of the low quote of Stern Oil on all four fuel quote items. Alderman Meins seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the public hearing to review the malt beverage markup will be part of the public hearings related to the 2017 budget adoption on Tuesday, September 6th. B. John reminded citizens that Market Street will be closed from Main Street south for ½ block and Main Street will be closed as it abuts Ratingen Platz on Thursday, August 4, 2016 from 5:00 p.m. to 8:00 p.m. for Thursdays on the Platz. C. John reported that the 2017 Council budget work sessions will be on Wednesday, August 10th and Thursday, August 11th in the Large Conference room beginning at 5:30 p.m. each night. D. John reminded citizens that glass cannot be placed in the recycling drop-off trailers around town. John noted that the glass contaminates the materials in the bins. John stated that glass to be recycled should be taken to the Recycling Center on Crawford Road. E. John reported that the following plats have been approved by the City Engineer: Tract 1, Mounts Addition in the NE ¼ of the NE ¼ Section 5 Township 91 North and 51 East Lot 10, Block 2 – Bliss Pointe Lot 11, 12 Block 6 – Bliss Pointe Lot 1, Block 1 – Bliss Pointe Lot 15A & 16A, Block 34 Synder’s Addition PAYROLL ADDITIONS AND CHANGES Police Administration: Hannah Nethken $12.06/hr 11. Invoices Payable 250-16 Alderman Price moved approval of the following invoice: John Powell travel reimbursement APPA 1,701.19 21 Alderman Ward seconded the motion. Mayor Powell requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 251-16 Alderman Price moved approval of the following invoice: Rich Holland fuel reimbursement 27.75 Alderman Collier-Wise seconded the motion. Alderman Holland requested to abstain. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 252-16 Alderman Price moved approval of the following invoices: A & A Refrigeration repairs 430.60 Ace Refrigeration Co repairs 253.33 AMS Building System LLC water heater rebate 150.00 Appeara supplies 108.85 Aramark Uniform Services uniform cleaning 335.61 Argus Leader Media #1085 subscription 25.00 Avera Occupational Medicine testing 279.60 Baker & Taylor Books books 460.39 Banner Associates, Inc professional services 4,932.65 Barkley Asphalt asphalt 440.63 Bhs Marketing, LLC soda ash 13,335.59 Bierschbach Eqpt & Supply supplies 482.75 Blackstone Audio Inc book 100.00 Blick Art Materials supplies 45.37 Border States Elec Supply supplies 3,055.40 Bound Tree Medical, LLC supplies 1,586.96 Brock White Co sealant 4,365.00 Brunicks Service Inc fuel 3,341.38 BSN Sports Inc supplies 138.10 Butler Machinery Co. parts/plow 11,991.85 California Contractors Supply gloves/hand cleaner 300.18 Campbell Supply supplies 1,782.77 Cask & Cork merchandise 980.07 CDW Government, Inc computers/monitors 2,593.08 Centurylink telephone 745.77 Certified Laboratories supplies 604.49 Chesterman Co merchandise 1,045.33 City Of Vermillion copies/postage 1,453.26 City Of Vermillion utility bills 48,588.30 22 Class C Solutions Group supplies 111.23 Clay Co Register Of Deed filing fee 30.00 Coffee King, Inc supplies 62.75 Colonial Life Acc Ins. insurance 3,333.63 Confluence professional services 5,282.71 Coyote Convenience fuel 11.00 Culligan Water water cooler bottles 153.50 Dakota Beverage merchandise 5,569.80 Dakota Pump Incorp repairs 1,033.17 Daktronics, Inc scoreboard 7,239.32 Daphne's Headcovers display rack 10.00 Delta Dental Plan insurance 6,727.68 Demco supplies 266.90 Dennis Martens maintenance 833.34 DGR Engineering professional services 9,992.54 Diamond Vogel Paints supplies 2,000.00 Division Of Motor Vehicle title 5.00 Don's Dust Control water application 10,200.60 E.A Sween Company supplies 78.70 Earthgrains Baking Co's Inc supplies 185.55 Ebsco subscription 21.47 Echo Electric Supply supplies 3,346.04 Electronic Engineering pagers 1,801.00 Ever Green Landscape Nurse play area wood chips 2,688.00 Farmer Brothers Co. supplies 115.55 Farner Bocken Company supplies 936.25 Foreman Media council mtg 100.00 Fred Haar Co, Inc parts 114.88 Graham Tire Co. tires 237.70 Graymont Capital Inc chemicals 7,991.40 Gregg Peters freight 1,056.00 Gregg Peters rent 937.50 Grey House Publishing books 163.00 Hansen Locksmithing repairs 816.00 Hauger Lawn Service mowing 96.00 Hawkins Inc chemicals 6,135.16 HD Supply Waterworks supplies 7,563.68 Heartland Ag-Business Group subscription 20.00 Helms & Associates professional services 2,374.30 Hendersons Ultimate Car Wash car wash card 50.00 Herren-Schempp Building supplies 89.84 Hillyard Floor Care Supply supplies 212.17 Hy Vee Food Store supplies 715.33 23 Independence Waste portable toilet/waste hauling 1,444.95 Ingram books 1,673.25 Interstate All Battery Center battery 87.60 Iowa League Of Cities advertising 65.00 Jacks Uniform & Eqpt uniform 1,195.55 Jerry's Chevrolet Buick Gm repairs 171.68 Jim McCulloch underground reimbursement 415.00 John A Conkling Dist. merchandise 1,910.15 Johnson Brothers Of SD merchandise 7,534.66 Johnson Feed, Inc supplies 1,491.60 Johnstone Supply supplies 141.94 Jones Food Center supplies 948.99 Judy Wieseler weed control 212.50 Kalins Indoor Comfort repairs 507.23 Knife River Midwest, LLC asphalt 340.00 Lawson Products Inc supplies 57.74 Laynes World name plates/banners/decals 870.00 Leggette, Brashears & Graham professional services 5,104.89 Leisure Lawn Care repairs/treatment 230.30 Lessman Elec. Supply Co supplies 112.00 Linda Calleja mileage reimbursement 69.30 Living Here subscription 19.00 Locators And Supplies, Inc supplies 2,914.79 Malloy Electric repairs 315.00 Marlon Hanson repairs 314.78 Mart Auto Body towing 375.00 Masimo supplies 450.00 Matheson Tri-Gas, Inc medical oxygen/cylinder rental 388.44 Matthew R. Fairholm city council orientation 250.00 Mc2, Inc parts 823.82 McCulloch Law Office professional services 2,511.00 Mead Lumber supplies 48.27 Medical Waste Transport, Inc haul medical waste 265.47 Medico Life & Health Insurance insurance 407.70 Merrick Industries parts 4,440.10 Michelle Koller mileage reimbursement 143.80 Midwest Alarm Co fire alarm monitoring 213.00 Midwest Boiler Repair, Inc repairs 6,830.43 Midwest Building Maintenance mat svc 332.90 Midwest Ready Mix & Equipm concrete/rock 3,480.61 Midwest Turf & Irrigation sprayer 27,962.64 Minn Municipal Utility Assoc 3rd qtr safety mgmt program 6,560.00 Moore Welding & Mfg supplies 439.09 24 Motion Industries, Inc parts 89.93 Myrl & Roy's Paving, Inc chips 8,725.79 NBS Calibrations calibration 441.00 NCL Of Wisconsin, Inc supplies 833.55 Netsys+ professional services/repairs 1,520.00 New York Life insurance 35.01 Newman Traffic Signs supplies 308.14 Nike Inc merchandise 164.94 North Central International dump truck 77,592.00 O'Reilly Auto Parts parts 192.69 Office Of Weights & Measurement testing 254.00 Office Systems Co copier contract/copies 1,863.38 Pauls Plumbing repairs 119.90 PCC, Inc commission 1,971.87 Pedersen Machine Inc parts 80.91 Penworthy Company books 234.61 Pilger Sand & Gravel, Inc bunker sand 1,320.16 Pomps Tire Service, Inc. repairs 373.00 Prairie Berry Winery merchandise 687.00 Precision Lawn Care mowing 225.00 Pressing Matters supplies 838.00 Presto-X-Company treatment 194.75 Print Source advertising 65.00 Pro Auto Inc repairs 1,800.00 Pump N Pak fuel 65.00 Quill supplies 599.10 Randy Isaacson reimbursement 105.52 Recorded Books, Inc books 396.00 Reinhart Foodservice, LLC supplies 564.26 Reliable Towing & Roadside repairs 50.00 Republic National Distributing merchandise 4,481.09 Ri-Tech Industrial Product supplies 159.00 Ribs, Rods & Rock N' Roll contribution 5,000.00 Ricchio Incorporated pool contract 150,390.00 Sanford Health Plan participation fees 54.00 Scott Iverson CDL driving test 95.00 SD Electrical Commission inspection fee/wiring permit 60.00 SD Municipal League registration 100.00 SD One Call locates 439.95 SD Public Assurance Alliance vehicle insurance 321.00 SD Retirement System contributions 77,613.73 SEH, Inc drainage study 267.00 Sensus Metering Systems software support 1,665.98 25 Servall Towel & Linen supplies 29.40 Sewer Matic televising sewer 1,110.00 Siouxland Humane Society fees 37.00 Smith Manufacturing repairs 768.59 Southern Glazer's Of SD merchandise 240.20 Special T's And More uniform t-shirts 105.00 Stern Oil Co. supplies 442.92 Stewart Oil-Tire Co repairs 399.65 Stryker Sales Corporation maintenance agreement 3,954.40 Stuart C. Irby Co. supplies 19,631.11 Sturdevants Auto Parts parts 1,514.11 Taser International maintenance agreement 5,323.50 Taylor Made merchandise 398.55 Team Golf merchandise 1,336.61 TestAmerica Laboratories testing 3,132.31 The Growler Station, Inc maintenance agreement 749.97 Titleist Drawer Cs merchandise 3,136.29 Tri-B-Trim Shop repairs 195.00 Truck-Trailer Sales parts 81.10 True Value supplies 157.55 Turner Plumbing repairs 6,380.26 Twin City Hardware repairs 2,516.55 United Way contributions 776.55 USA Bluebook supplies 400.85 Utility Equipment Co. parts 304.32 Valiant Vineyards merchandise 186.00 Vast Broadband e911 circuit/dialup service 1,415.45 Verizon Wireless wireless communication 1,839.30 Vermeer High Plains parts 304.61 Vermillion Ace Hardware supplies 2,473.32 Vermillion Area Arts Council online registration 45.08 Vermillion Chamber Of Commerce 2nd qtr 2016 B.I.D 11,830.30 Vermillion Community Theatre online registration 30.70 Vermillion Rotary Club dues/meals 147.25 Visa/First Bank & Trust fuel/lodging/supplies 8,796.74 Wal-Mart Community supplies 1,362.99 Walker Construction lions park bathroom bldg 5,902.94 Walt's Homestyle Foods, Inc supplies 102.80 Weedcope, Inc professional services 440.00 Welfl Construction Co pool contract 46,677.00 Wesco Distribution, Inc parts 822.00 West Group Payment Center subscription 194.00 Yamaha Golf & Utility golf car lease 7,544.34 26 Yankton Janitorial Supply supplies 693.65 Yon Chough refund swim lessons 10.00 Zee Medical Service supplies 638.62 Marty Nygren Bright Energy Rebate 44.00 Ryan Anderson Bright Energy Rebate 64.00 Bill Wood Bright Energy Rebate 132.00 Jay Hennies Bright Energy Rebate 500.00 Raymond Lynn Bright Energy Rebate 500.00 Robert Hanson Bright Energy Rebate 350.00 Kalins Indoor Comfort Bright Energy Rebate 300.00 Alderman Collier-Wise seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of August 15, 2016 for package off-sale malt beverage and SD Farm Wine license for Casey’s General Store #3525 at 1302 Princeton Street B. Set a public hearing date of August 15, 2016 for a special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota on Market Street south of W. Main Street from 5:00 p.m. to 9:00 p.m. on Thursday, August 25, 2016 for a DJ as part of the Welcome Back Bash C. Set a public hearing date of August 15, 2016 for a special daily wine license for Vermillion Downtown Cultural Association for Coyote Twin Theater on or about September 12, 19, 26 and October 10, November 14, and December 12, 2016 at 10 E Main Street 253-16 Alderman Collier-Wise moved approval of the consensus agenda. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 13. Adjourn 254-16 Alderman Ward moved to adjourn the Council Meeting at 7:47 p.m. Alderman Erickson seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 1st day of August, 2016. 27  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ John E. (Jack) Powell, Mayor ATTEST: BY___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 28