City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · August 15, 2018
Minutes
Approved Minutes
Council Special Budget Session
August 15, 2018
Wednesday 5:30 p.m.
The special budget session of the City Council, City of Vermillion,
South Dakota was called to order on Wednesday, August 15, 2018 at
5:30 p.m. at the City Hall large conference room.
1. Roll Call
Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen
(arrived at 5:32 p.m.), Ward, Willson, Mayor Powell
2. Pledge of Allegiance
3. Adoption of Agenda
269-18
Alderman Price moved approval of the agenda. Alderman Collier-Wise
seconded the motion. Motion carried 8 to 0. Mayor Powell declared
the motion adopted.
4. Visitors to be Heard - None
Alderman Sorensen arrived at 5:32 p.m.
5. New Business
A. Consider amending Disorderly Conduct fine on recently adopted
fine schedule by $1.00
John Prescott, City Manager, reported that at the August 6, 2018
meeting the City Council approved a resolution to adjust the fine
schedule for City Ordinance violations. John noted that following
adoption of the resolution it was learned that the judges in this
circuit have only been assessing a maximum fine of $168.50 for the
state version of Disorderly Conduct while the new fine schedule has
a maximum fine of $169.00 for a violation of City Code section
130.19 Disorderly Conduct. John noted that it has been reported that
the city fine cannot exceed the state fine. John reported that the
City Attorney has recommended a Nunc Pro Tunc action to correct the
city fine for violation of City Code Section 130.19 for Disorderly
Conduct from $169.00 to $168.00.
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270-18
Alderman Price moved to correct the City Fine for a violation of
City Code Section 130.19 Disorderly Conduct from $169.00 to $168.00
Nunc Pro Tunc. Alderman Ward seconded the motion. Motion carried 9
to 0. Mayor Powell declared the motion adopted.
6. Budget Workshop
John Prescott, City Manager, provided an overview of the budget
noting that the budget presented should serve as the starting point
for the process of developing the 2019 budget. John reported that
for the property tax revenues the State regulated inflationary
increase is 2.1% plus growth so property tax revenue increased just
over $83,000. John stated that the sales tax revenues budgeted for
2018 were revised down as 2017 revenues were below projections and
for 2019 a 3% increase was budgeted. John stated that the proposed
budget supports a wage adjustment of 2% but noted that negotiations
are still ongoing with the three unions. John noted that proposed
budget included a 5% health insurance increase with the actual
premiums not known until later this year. John reported that the
proposed budget includes adding a Police Department Detective
starting mid-year. John stated that no rate increases were projected
for electric, water and wastewater utilities for 2019. John stated
that in October we will receive notice of any electric purchase of
power rate increases and wastewater rates are reviewed in April of
each year. John noted that storm water fee would increase 4% or
about $8,900 for 2019. John reviewed the major items that were
changed in the 2018 budget since it was adopted about a year ago and
the major items in the proposed 2019 budget. John reported that the
individual departments will be covering the items in their budget
that were revised for 2018 and the 2019 budget items. John stated
that he has included a memo on the funding proposed for the outside
agencies noting that their funding is in the general fund and BBB
sales tax fund. John noted that for the BBB sales tax he will report
on the request for a downtown video board sign and the service
organization sign that were not included in the memo. John noted
that to bring the general fund to an acceptable balance of reserves
required he has proposed transferring $95,000 of second penny sales
tax funds to the general fund. John noted that this would be a
policy decision of the City Council to change the second penny sales
tax ordinance and if this was a onetime transfer or an annual
transfer. John noted that other policy decisions would be if the
City Council wanted to continue the pledge of $1 million of second
penny funds to the downtown project and as to the use of SPP
electric transmission line funds it would be suggested to use these
funds to apply to the outstanding bonds when they are callable in
December 2019.
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The Council started the review of the 2019 proposed budget, as well
as revisions to the 2018 budget, by reviewing the following sections
of the budget with the City Manager and department heads: Policy &
Administration: Code Compliance; Special Funds: 911 Fund; Public
Safety & Security: Fire and Rescue, EMS/Ambulance, Emergency
Management, Police Administration and Investigation, Police Patrol;
Human Development and Leisure: Public Library, Library Fund; Utility
Fund: Joint Powers Landfill, Joint Powers Recycling, Curbside
Recycling; Enterprise Funds: Liquor Store; Special Funds: 2nd Penny,
BID No. 1: Debt Service Funds: Special Assessments, TIF District No.
5, TIF District No. 6, City Hall Debt, Prentis Park Debt; Internal
Service Fund: Unemployment, Copy/Fax/Postage, Custodial; Maintenance
& Transportation: City Hall Maintenance; Policy & Administration:
General Government, Finance; Outside Organizations Request: General
Fund – Community Services, BBB Fund.
John reviewed the outside agency requests and what funding was
included in the proposed budget. John noted that general fund
revenue sources did not provide sufficient funding to cover
governmental function so it was difficult to propose increased
funding for general fund supported agencies. John noted that the
application from Vermillion Cultural Association came in late and no
funding was included in the proposed budget. John stated that no
request was received from Dakota Senior Meals so no funding was
included in the proposed budget and the funding for the Food Pantry
was increased to their request of $5,000. John noted that the VCDC
had a second request for $60,000 for a video board and Vermillion
Public Transit has a second request for $15,000 for matching funds
for the purchase of new transit busses with both of the requests not
included in the proposed budget.
City Council discussion followed on the proposed budget and the
outside agency funding requests with no formal action taken.
5. Adjourn
271-18
Alderman Ward moved to adjourn the Council Meeting at 9:15 p.m.
Alderman Sorensen seconded the motion. Motion carried 9 to 0. Mayor
Powell declared the motion adopted.
Dated at Vermillion, South Dakota this 15th day of August, 2018.
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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 ___________.
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Agenda
City of Vermillion Council Agenda
5:30 p.m. Special Meeting
Wednesday, August 15, 2018
2nd Floor – Large Conference Room
25 Center St.
Vermillion, SD 57069
(The City Council will be conducting an additional budget
session on Thursday, August 16, 2018 at 5:30 p.m.
A separate agenda will be posted.)
1. Roll Call
2. Pledge of Allegiance
3. Adoption of the Agenda
4. Visitors to be Heard
5. New Business
a. Consider amending Disorderly Conduct fine on recently adopted fine schedule by $1.00.
6. Budget Workshop
a. Introduction and Overview
b. Policy & Administration
1. Code Compliance
c. Special Funds
1. 911 Fund
d. Public Safety & Security
1. Fire and Rescue
2. EMS/Ambulance
3. Emergency Management
4. Police Administration and Investigation
5. Police Patrol
e. Human Development and Leisure
1. Public Library
2. Library Fund
f. Utility Fund
1. Joint Powers Landfill
2. Joint Powers Recycling
3. Curbside Recycling
g. Enterprise Funds
1. Liquor Store
h. Special Funds
1. 2nd Penny
2. BID No. 1
i. Debt Service Funds
1. Special Assessments, TIF District No. 5, TIF District No. 6, City Hall Debt, Prentis Park Debt
j. Internal Service Fund
1. Unemployment
2. Copy/Fax/Postage
3. Custodial
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k. Maintenance & Transportation
1. City Hall Maintenance
l. Policy & Administration
1. General Government
2. Finance
m. Outside Organizations Request
1. General Fund – Community Services
2. BBB Fund
n. Wrap-up of Budget Items
7. Adjourn
Access the City Council Agenda on the web – www.vermillion.us
Addressing the Council: Persons addressing the Council shall use the microphone at the podium be recognized. Please raise your
hand to be recognized, go to the podium and state your name and address.
a. Visitors to Be Heard: Members of the public may speak now on any topic NOT on the agenda. Remarks are limited to 5 minutes
and no decision will be made at this time.
b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the
mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will
then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and
staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous
consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the
presiding officer at any time.
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Vermillion City Council’s Values and Vision
This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing
and promoting these ideals to a consistently increasing populace.
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5. New Business; item a
Council Agenda Memo
From: John Prescott, City Manager
Meeting: August 15, 2018
Subject: Request for resolution to adjust the fine schedule for City ordinance
violations
Presenter: John Prescott
Background: At the August 6, 2018 City Council meeting, the City Council approved a
resolution to adjust the fine schedule for City ordinance violations. The State raised court
costs for municipal offenses from $60.00 to $62.50 effective July 1, 2018. As the City
sets the maximum fine from which court costs are deducted, the City’s share of fines was
reduced. The adopted resolution and fee schedule raised the maximum fine by $5.00. The
City would also receive an additional $2.50 as the court was going to receive.
Discussion: Following adoption of the resolution, it was learned that the judges in this
circuit have only been assessing a maximum fine of $168.50 for the State version of
Disorderly Conduct. The fine schedule approved by the City Council has a maximum fine
of $169.00 for a violation of City Code section 130.19 Disorderly Conduct. Apparently
the City fine cannot exceed the State fine.
The City Attorney has recommended a Nunc Pro Tunc action to correct the fine for
130.19 Disorderly Conduct. A Nunc Pro Tunc action applies retroactively to correct an
earlier ruling.
Financial Consideration: The $1.00 adjustment to the Disorderly Conduct violation will
likely not have an impact on the General Fund where court fines are recorded.
Conclusion/Recommendations: Administration recommends the City Council adopt a
Nunc Pro Tunc motion adjusting the proposed total for Disorderly Conduct violations
from $169.00 to $168.00.
CITY OF VERMILLION
FINE SCHEDULE
CODE CITY OFFENSES CURRENT FINE CURRENT TOTAL (With Court Costs) PROPOSED FINE PROPOSED TOTAL (With Court Costs)
Alcohol and Drug Offenses
112.04 Give/Sell Tobacco to Minor $60.00 $120.00 $62.50 $125.00
112.03 Liquor Sale at Unlicensed Business $54.00 $114.00 $56.50 $119.00
Providing Alcoholic Beverage to Person(s) under
112.09 the age of 21 $54.00 $114.00 $56.50 $119.00
112.04 Violation of Liquor Laws $54.00 $114.00 $56.50 $119.00
Animal Offenses
93.03 Allowance/Promotion of Fights between Animals $104.00 $164.00 $106.50 $169.00
93.04 Cruelty to Animals $104.00 $164.00 $106.50 $169.00
93.05 Disturbing the Peace (Dog) $104.00 $164.00 $106.50 $169.00
93.02 Dog at Large 1st Offense $50.00 $110.00 $52.50 $115.00
93.02 Dog at Large 2nd Offense $60.00 $120.00 $62.50 $125.00
93.02 Dog at Large 3rd Offense $70.00 $130.00 $72.50 $135.00
93.21 Lack of Dog Tag License $54.00 $114.00 $56.50 $119.00
93.06 Trapping of Dogs and Cats Prohibited $104.00 $164.00 $106.50 $169.00
93.08 Vaccination of Pets Required $54.00 $114.00 $56.50 $119.00
Business Offenses
130.01 Display of Certain Moving Picture Films $54.00 $114.00 $56.50 $119.00
111.01 Lack of Billboard License $54.00 $114.00 $56.50 $119.00
110.31 Lack of Business License $54.00 $114.00 $56.50 $119.00
115.07 Unlicensed Tattoo Artist $54.00 $114.00 $56.50 $119.00
115.02 Unlicensed Tattoo Establishment $54.00 $114.00 $56.50 $119.00
112.19 Unlicensed Video Lottery Machine $54.00 $114.00 $56.50 $119.00
Driver License Offenses
70.04 Lack of Driver's Permit $54.00 $114.00 $56.50 $119.00
Emergency Vehicle Offenses
130.14 Impersonating an Officer $104.00 $164.00 $106.50 $169.00
130.14 Obstruction of Law/Emergency Personnel $104.00 $164.00 $106.50 $169.00
70.09 Travel During Emergencies $54.00 $114.00 $56.50 $119.00
General Offenses
130.19 Assault and Battery $104.00 $164.00 $106.50 $169.00
130.16 Carrying Concealed Weapons $104.00 $164.00 $106.50 $169.00
130.07 Damage to City Property $104.00 $164.00 $106.50 $169.00
Damage to Electric, Telephone, Telegraph, or
130.08 Gas System $104.00 $164.00 $106.50 $169.00
CITY OF VERMILLION
FINE SCHEDULE
CODE CITY OFFENSES CURRENT FINE CURRENT TOTAL (With Court Costs) PROPOSED FINE PROPOSED TOTAL (With Court Costs)
130.10. Discharging Firearms in City Limits $104.00 $164.00 $106.50 $169.00
92.07 Discharging Fireworks $54.00 $114.00 $56.50 $119.00
130.19 Disorderly Conduct $104.00 $164.00 $105.50 $168.00
130.17 Drawing a Deadly Weapon $104.00 $164.00 $106.50 $169.00
90.55 Failure to Appear $54.00 $114.00 $56.50 $119.00
130.12 Gambling $104.00 $164.00 $106.50 $169.00
52.06 Illegal Dumping (Garbage) $104.00 $164.00 $106.50 $169.00
130.2 Indecent Exposure $104.00 $164.00 $106.50 $169.00
130.05 Interference with Barricades and Lanterns $104.00 $164.00 $106.50 $169.00
130.06 Interference with Contractors $104.00 $164.00 $106.50 $169.00
130.02 Littering $104.00 $164.00 $106.50 $169.00
130.11 Malicious Mischief $104.00 $164.00 $106.50 $169.00
130.04 Marring New Concrete $104.00 $164.00 $106.50 $169.00
92.03 Offense against Department $104.00 $164.00 $106.50 $169.00
92.05 Open Fires Prohibited $54.00 $114.00 $56.50 $119.00
116.03 Peddlers Prohibited $104.00 $164.00 $106.50 $169.00
130.11 Petty Theft $75.00 $135.00 $77.50 $140.00
130.13 Prostitution $104.00 $164.00 $106.50 $169.00
130.21 Public Urination and Defecation $104.00 $164.00 $106.50 $169.00
130.14 Refusal to Obey $104.00 $164.00 $106.50 $169.00
130.14 Resisting Arrest $104.00 $164.00 $106.50 $169.00
130.15 Slingshots $104.00 $164.00 $106.50 $169.00
92.06 Smoking in Motion Pictures Theaters $29.00 $89.00 $31.50 $94.00
70.162 Soliciting Rides $54.00 $114.00 $56.50 $119.00
96.13 Throwing Waste Paper on Streets $104.00 $164.00 $106.50 $169.00
130.09 Trespass $64.00 $124.00 $66.50 $129.00
70.095 Unauthorized Removal of Impounded Vehicles $64.00 $124.00 $66.50 $129.00
130.22 Unlawful Assemblage $54.00 $114.00 $56.50 $119.00
130.11 Vandalism $75.00 $135.00 $77.50 $140.00
Land Use Offenses
151 Mobile Home Offenses $54.00 $114.00 $56.50 $119.00
130.25 Disorderly House $104.00 $164.00 $106.50 $169.00
90.51 Duty to Cut $54.00 $114.00 $56.50 $119.00
94.08 Failure to Register Rental Property $54.00 $114.00 $56.50 $119.00
150.21 Lack of Building Permit $54.00 $114.00 $56.50 $119.00
150.21 Lack of Special Permit $54.00 $114.00 $56.50 $119.00
90.18 Nuisances $54.00 $114.00 $56.50 $119.00
150.07 Numbering of Buildings $54.00 $114.00 $56.50 $119.00
152.08 Prohibited Signs $54.00 $114.00 $56.50 $119.00
155 Zoning Offenses $54.00 $114.00 $56.50 $119.00
Motorcycle/Bicycle Offenses
CITY OF VERMILLION
FINE SCHEDULE
CODE CITY OFFENSES CURRENT FINE CURRENT TOTAL (With Court Costs) PROPOSED FINE PROPOSED TOTAL (With Court Costs)
70.006 Riding on Handlebars on Highway $54.00 $114.00 $56.50 $119.00
Roller Skating or Riding on Skateboards,
Coasters, and the Like on Sidewalks and Public
70.005 Highways $54.00 $114.00 $56.50 $119.00
Snowmobile Offenses
70.128 Operation of Snowmobile in Restricted Area $54.00 $114.00 $56.50 $119.00
70.130. Operation of Snowmobile on Sidewalk $54.00 $114.00 $56.50 $119.00
Unequipped Snowmobile with Proper Safety
70.131 Equipment $54.00 $114.00 $56.50 $119.00
70.132 Unsafe Operation of Snowmobile $54.00 $114.00 $56.50 $119.00
Vehicle Parking Offenses
70.092 Abandoned Vehicle(s) in Snow $54.00 $114.00 $56.50 $119.00
70.096 Blocking Emergency Snow Route(s) $54.00 $114.00 $56.50 $119.00
70.091 Stalled Vehicle(s) $54.00 $114.00 $56.50 $119.00
Vehicle Registration Offenses
114.06 Failure to Display Rate Card in Taxicab $54.00 $114.00 $56.50 $119.00
114.02 Unlicensed Taxicab $54.00 $114.00 $56.50 $119.00
Vehicle Traffic Offenses
70.05 Backing from Alley in Business District $54.00 $114.00 $56.50 $119.00
70.049 Backing into Intersection $54.00 $114.00 $56.50 $119.00
70.047 Boarding or Alighting from Moving Vehicles $54.00 $114.00 $56.50 $119.00
70.045 Careless Driving $54.00 $114.00 $56.50 $119.00
Change Direction through Private Property/Over
70.025 Sidewalk $54.00 $114.00 $56.50 $119.00
70.004 Clinging to Vehicle $54.00 $114.00 $56.50 $119.00
70.026 Display of Unauthorized Signs and Signals $54.00 $114.00 $56.50 $119.00
70.072 Double Parking $29.00 $89.00 $31.50 $94.00
70.045 Driving over Sidewalk $54.00 $114.00 $56.50 $119.00
70.046 Driving through Processions $54.00 $114.00 $56.50 $119.00
70.044 Exhibition Driving $54.00 $114.00 $56.50 $119.00
Failure to Come to a Complete Stop (Red
70.076 Light/Stop Signs) $54.00 $114.00 $56.50 $119.00
70.025 Failure to Obey to Signs and Signals $54.00 $114.00 $56.50 $119.00
70.025 Failure to Yield at Yield Sign $54.00 $114.00 $56.50 $119.00
70.055 Hit/Run/Failure to Report Accidents $60.00 $120.00 $62.50 $125.00
70.077 Illegal loading and unloading $54.00 $114.00 $56.50 $119.00
70.051 Illegal U-Turn $54.00 $114.00 $56.50 $119.00
70.027 Interference with Official Signs and Signals $54.00 $114.00 $56.50 $119.00
96.13 Leaking Loads (Garbage) $94.00 $154.00 $96.50 $159.00
70.041 Obstructed Vision $54.00 $114.00 $56.50 $119.00
CITY OF VERMILLION
FINE SCHEDULE
CODE CITY OFFENSES CURRENT FINE CURRENT TOTAL (With Court Costs) PROPOSED FINE PROPOSED TOTAL (With Court Costs)
Passing Vehicle Yielding Right-of-Way to
70.048 Pedestrians $54.00 $114.00 $56.50 $119.00
70.003 Riding Outside of Vehicle (Driver Responsible) $54.00 $114.00 $56.50 $119.00
70.003 Riding Outside of Vehicle (Person Riding) $54.00 $114.00 $56.50 $119.00
70.042 Speeding:
1-5 mph over $19.00 $79.00 $21.50 $84.00
6-10 mph over $39.00 $99.00 $41.50 $104.00
11-15 mph over $59.00 $119.00 $61.50 $124.00
16-25 mph over $79.00 $139.00 $81.50 $144.00
26> mph over $154.00 $214.00 $156.50 $219.00
70.043 Vehicle in Recreation Area $44.00 $104.00 $46.50 $109.00
96.13 Vehicle Loads Littering $104.00 $164.00 $106.50 $169.00
70.058 Prohibition of Use of Electronic Message $54.00 $114.00 $56.50 $119.00
Adopted: August 6, 2018
Published: August 17. 2018
Effective: September 6, 2018
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