City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · January 21, 2019
Minutes
Unapproved Minutes
Council Special Session
January 21, 2019
Monday 12:00 noon
The special session of the City Council, City of Vermillion, South
Dakota was held on Monday, January 21, 2019 at 12:00 noon at the City
Hall large conference room.
1. Roll Call
Present: Holland, Humphrey, Price, Sorensen (arrived at 12:05 p.m.),
Ward (arrived at 12:02 p.m.), Willson, Mayor Powell
Absent: Collier-Wise, Hellwege
2. Visitors to be Heard - None
3. Informational Session – Draft of Small Cell Telecommunications
infrastructure ordinance – City staff
John Prescott, City Manager, reported that the South Dakota Municipal
Attorneys’ Association with the South Dakota Municipal League have
developed a draft small cell telecommunications ordinance which has
been sent out to the Council. John stated that he has asked staff to
present the highlights of the draft ordinance. Farrel Christensen,
Building Official and Jose Dominguez, City Engineer, reviewed the
concept of small cell telecommunication facilities referred to as nodes
and how they work with towers. Farrel stated that the draft ordinance
is based upon compliance with the new Federal Communication Commission
standards that supersede state and local regulations. Farrel reviewed
the draft ordinance as to purpose, applicability, siting and
collocation criteria, small cell facility permits, general review
provisions, special review process, general standards, restoration,
permitting process and maximum fees.
Alderman Ward arrived at 12:02 p.m. and Alderman Sorensen arrived at
12:05 p.m.
Farrel stated that the City of Sioux Falls has entered into a Master
Lease Agreement with the cellular company instead of adopting an
ordinance. John Prescott noted that a cellular company has inquired
about a master lease agreement or if the City was going to adopt an
ordinance. Farrel and Jose answered questions of the City Council on
the draft ordinance.
1
John Prescott, City Manager, stated that the SD Municipal Attorneys’
group working on the draft ordinance may have another update that will
need to be included in the ordinance. John noted that the City will
have the option of adopting an ordinance to address small cell or enter
into master lease agreements with each company. Discussion followed on
the ordinance vs. master lease agreement noting that staff will
continue to work on the draft ordinance and see if samples of master
lease agreements are available. John stated that he would hope to have
something for the City Council consideration this first quarter of
2019.
4. Informational Session – National Music Museum contribution request –
Mayor Jack Powell
Mayor Powell provided history of the National Music Museum (NMM) noting
that they have been wanting to increase their facility space for many
years. Mayor Powell noted that they can only display a fraction of the
collection and have developed a plan to expand the museum at a cost of
$10,565,000 and their fundraising is $1,300,000 short. Mayor Powell
stated that the president of the NMM Board asked him if the City could
provide funding for the expansion project. Mayor Powell stated that if
the short fall cannot be resolved the NMM would start over and may look
to relocate the museum or parts of the collection. Mayor Powell stated
that he said that he would make a presentation to the City Council
requesting $500,000 to be funded over five years to expand the museum
in Vermillion. Mayor Powell asked the City Council members for their
consideration of $500,000 for the NMM over a five year period.
Discussion followed on funding options including second penny sales
tax, BBB sales tax, sales tax rebates as well as the number of years.
Nate Welch, Treasurer of NMM, answered questions on funding options
that including five to ten years funding. Nate stated that, if the City
could provide funding for the expansion, the museum would remain in
Vermillion. The consensus was to provide funding for the NMM and to
continue the discussion at the evening meeting as to the amount and
number of years.
5. Briefing on the January 21, 2019 City Council Regular Meeting
Council reviewed items on the agenda with City staff. No action was
taken.
6. Adjourn
16-19
Alderman Ward moved to adjourn the Council special session at 12:58
p.m. Alderman Holland seconded the motion. Motion carried 7 to 0. Mayor
Powell declared the motion adopted.
2
Dated at Vermillion, South Dakota this 21st day of January, 2019.
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
January 21, 2019
Monday 7:00 p.m.
The regular session of the City Council, City of Vermillion, South
Dakota was called to order on Monday, January 21, 2019 at 7:00 p.m. by
Mayor Powell.
1. Roll Call
Present: Collier-Wise, Holland, Humphrey, Price, Sorensen, Ward,
Willson, Mayor Powell, Student Representative Skunk
Absent: Hellwege
2. Pledge of Allegiance
3. Minutes
A. Minutes of January 7, 2019 Special Meeting; January 7, 2019 Regular
Meeting
17-19
Alderman Price moved approval of the January 7, 2019 Special Meeting
and January 7, 2019 Regular Meeting minutes. Alderman Collier-Wise
seconded the motion. Motion carried 8 to 0. Mayor Powell declared the
motion adopted.
4. Adoption of Agenda
3
18-19
Alderman Price moved approval of the agenda. Alderman Collier-Wise
seconded the motion. Motion carried 8 to 0. Mayor Powell declared the
motion adopted.
5. Visitors to be Heard
A. Wallace Post #1 Proclamation
Alderman Sorensen read the proclamation recognizing the 100th
anniversary of the American Legion Wallace Post #1 and proclaiming 2019
as Wallace Post #1 Year in Vermillion. Mayor Powell presented the
proclamation to members of Wallace Post #1. Ray Hoffman, representing
Wallace Post #1, thanked the City Council for the proclamation and
invited the community to watch for the events that will be conducted
during this year.
B. Martin Luther King, Jr. Day of Service Proclamation
Alderman Price read the proclamation for Martin Luther King, Jr. Day of
Service that encouraged citizens to participate in the King Day of
Service.
C. Alan Madison, resident of 1301 Rockwell Trail, stated that he spoke
at last meeting regarding the appeal of the Planning Commission
decision on the Conditional Use Permit for twin homes at 317 and 321
Joplin Street. Alan stated that he had sent a letter to City Attorney
McCulloch which requested the City Council to reconsider their vote and
to deny the Conditional Use Permit. Alan provided background on his
request, noting that City Ordinance Section 155.004 sets provision as
to minimum requirements and includes deed covenants when determining
the most restrictive that apply. Alan stated that the covenants provide
for a single family residential structure per lot and the conditional
use permit is for a single structure that accommodates two families on
two lots. Alan stated that the City is bound by its ordnances to follow
the covenants and, as such, should deny the conditional use permit.
Alan stated that he has received the response from the City Attorney
but questioned if it answered the issues he has raised. Alan stated
that, if the City fails to deny or rescind the conditional use permit,
a court will likely require the City to do so. Alan offered to answer
any questions.
6. Public Hearings
A. Special daily wine license for the Vermillion Cultural Association
on or about February 16, 2019 at 4 West Main Street (Vermillion
Theater) for a special event
4
Mike Carlson, Finance Officer, reported on the receipt of an
application for a special daily wine license from the Vermillion
Cultural Association on or about February 16, 2019 at 4 West Main for a
special event. Mike noted that the Police Chief's report and notice of
hearing are included in the packet. The Police Chief's report indicated
that they would be carding and using wristbands for the event and noted
that there has been no issues with past permits. Discussion followed on
the special event.
19-19
Alderman Sorensen moved approval of the special daily wine license for
the Vermillion Cultural Association for a special event on or about
February 16, 2019 at 4 West Main Street. Alderman Humphrey seconded the
motion. Motion carried 8 to 0. Mayor Powell declared the motion
adopted.
B. First reading of Ordinance 1397 to Rezone Lot 11 in Block 1, LaCroix
Addition to the City of Vermillion, Clay County, South Dakota from GB –
General Business to R-2 Residential District (property located at the
southeast corner of E. Cherry Street and N. Crawford Road).
James Purdy, Assistant City Manager, reported that Mr. Archimedes
Plutonium submitted an application to rezone 609 North Crawford Road
from the General Business (GB) to the R-2 Residential zone. James noted
that the petition included the required signatures from 45% of the
aggregate area surrounding property owners. James stated that the
petition for zone change and map showing the location are included in
the packet. James stated that the Planning Commission recommended
approval of the zone change request for the lot from GB to R-2
Residential. James reviewed the location of the property as well as the
zoning adjoining the lot. Discussion followed on the reduction of
General Business zoned property for residential. Jose Dominguez, City
Engineer, reviewed the location of the General Business zoned property
along Cherry Street. Hazen Bye, representing the owner, noted that the
property does not front Cherry Street but there is a frontage road and
DOT property to the north while it adjoins residential to the south.
20-19
Mayor Powell read the title to the above mentioned Ordinance and
Alderman Holland moved adoption of the following Resolution:
BE IT RESOLVED that the minutes of this meeting shall show that the
title to proposed Ordinance No. 1397 entitled an Ordinance Amending
Title XV Land Usage; Chapter 155, Zoning Regulations; Section 155.026
Entitled Adoption Of Official Zoning Map, Rezoning Lot 11, Block 1,
LaCroix Addition to the City Of Vermillion from the GB General Business
District To The R-2 Residential District of the City of Vermillion,
5
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 21st
day of January, 2019 at the Council Chambers in City Hall in the manner
prescribed by SDCL 9-19-7 as amended.
The motion was seconded by Alderman Collier-Wise. 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.
7. Old Business - None
8. New Business
A. Update on possible changes to City Code language for background
checks for Transportation Network Company drivers
James Purdy, Assistant City Manager, reported that approximately three
weeks ago the City was contacted by several representatives from Lyft
after they had expressed concern about the fingerprint background check
requirement for TNC drivers in the City ordinance. James stated that
they asked Lyft to provide the City with some additional information
about their background check process, as well as possible language
changes in the ordinance for the City to consider. James stated that,
after reviewing the information provided by Lyft, administration
believes that a minor adjustment to some language in our ordinance
would reconcile Lyft’s request to remove the fingerprint background
check requirement for its drivers. James stated that administration
proposes the removal of the provision in section 114.08 of the TNC
ordinance requiring TNC drivers to submit to a DCI fingerprint
background check every third year, and add language to section 114.10,
which would require TNCs to conduct a “City approved” local and
national criminal background check “capable of ensuring compliance with
SDCL 32-40-4”. James stated that SDCL 32-40-4 outlines persons that are
prohibited from acting as TNC drivers, and mirrors the requirements for
drivers we have laid out in 114.08. James noted that this adjustment
would allow companies like Lyft who have a thorough screening process
to fully assume the responsibility and liability of screening drivers,
and require future TNCs to have their background check process reviewed
by City Staff prior to having TNC licenses issued to their drivers.
James stated that administration would propose adding an additional
provision to 114.10 which would require a TNC to “provide a copy of its
active South Dakota sales tax license to the City”, which Lyft has
done, in order to help ensure that the company has legitimate standing
in South Dakota. James stated that no action is requested tonight but
asked for direction on the ordinance changes proposed. Discussion
6
followed on the proposed changes to the TNC ordinance. The consensus of
the City Council was to bring the ordinance with the proposed changes
to a future meeting.
B. National Music Museum contribution request
Mayor Powell provided some background on the National Music Museum
(NMM) noting that it is nationally recognized for its collection of
instruments from around the world. Mayor Powell stated that the Museum
Board has been reviewing options to expand the museum for years with a
current plan to expand to the west at an estimated cost of $10,565,000
of which there is a funding shortfall of $1,300,000. Mayor Powell noted
that over the years there have been overtures to relocate the museum or
parts of the collection. Mayor Powell stated that the NMM Board
President had asked him if the City would provide funding for the
expansion project. Mayor Powell stated that he would make a
presentation to the City Council requesting $500,000 to be funded over
five years. Mayor Powell asked the City Council members for their
consideration of a contribution to the NMM expansion project.
Discussion followed with Council members noting the national exposure
provided by the museum, the need to do something to support the museum
and funding options available. John Prescott, City Manager, reported
that second penny sales tax or BBB sales tax funds could be used for
funding. John stated that second penny sales tax funds were used for
the support of the Wellness Center over a five year period totaling
$340,000. John noted that the second penny sales tax ordinance was
amended last year to allow for a transfer to the general fund for
operations. John reviewed current items as well as upcoming projects
that could be funded from second penny sales tax. John proposed that
second penny sales tax funds be considered for this funding request.
Discussion followed on the amount as well as number of years. Nate
Welch, Treasurer of the NMM, stated that the NMM has funding structured
to cash flow the project contributions being made over a number of
years. Nate was asked if $100,000 a year for seven years would allow
the project to move forward. Nate stated that $700,000 would allow for
the project to proceed as Board members will work to secure the
remaining funds. Discussion followed.
21-19
Alderman Holland moved to provide funding to support the National Music
Museum expansion at $100,000 per year for seven years. Alderman
Sorensen seconded the motion. Discussion followed. Motion carried 8 to
0. Mayor Powell declared the motion adopted.
9. Bid Openings - None
10. City Manager's Report
7
A. John reported that the SD Office of Emergency Management and FEMA
will host an open house for review and comment on preliminary Flood
Insurance Rate Maps (FIRMs) for Clay County. John stated that the open
house will be at the Fire/EMS station at 820 N. Dakota Street on
Wednesday, January 30th from 5:00 p.m. to 7:00 p.m.
B. John reported that the Government Finance Officer Association has
again awarded the City Finance Office with the GFOA Certificate of
Achievement for Excellence in Financial Reporting for the 2017 annual
report. John stated that this is the highest form of recognition in
governmental accounting and financial reporting.
C. John reported that the Heroes Behind the Badge Blood Drive will be
on Monday, January 28th from 10:00 a.m. to 6:30 p.m. at Sanford
Vermillion Hospital with a second opportunity on Saturday, February 9th
from 8:00 a.m. to 1:00 p.m. at the USD/Sanford Health Fair. John noted
that donors can vote for the Police Department or Fire Department in
this friendly competition.
D. John reported that the ICAP committee will be having a public
meeting on Monday, January 28th at 7:00 p.m. in the Kozak room of the
Public Library with the results of the Feasibility Study for a
Community Center.
PAYROLL ADDITIONS AND CHANGES
Admin: Cody Senn $9.25/hr; Finance: Taylor Muller $14.01/hr; Police:
Mark Foley $26.21/hr, Jamie Hall $23.75/hr, Anthoney Klunder $27.54/hr;
Street: Paul Brunick $9.50/hr, Rich Walker $11.00/hr; Ambulance: Shane
Boomer $10.00/hr-$10.00/hr training-$15.00/holiday hr; Communications:
David Stammer $23.08/hr; Golf Maintenance: Mark Clark $31.94/hr, Travis
Taggart $17.92/hr
11. Invoices Payable
22-19
Alderman Price moved approval of the following invoices:
2018 Invoices
Aqua-Pure Inc chemicals 5,296.00
Aramark Uniform Services uniform cleaning 74.16
AT&T Mobility mobile hot spots 424.93
Banner Associates, Inc professional services 14,840.50
Blackstone Publishing books 150.00
Blue Inc wine license refund 500.00
Bound Tree Medical, LLC supplies 704.08
Broadcaster Press advertising 1,689.82
8
Brunick's Service Inc fuel 5,494.50
Buhl's Cleaners mat/mop svc 573.22
Bureau Of Administration telephone 152.43
Butler Machinery Co. parts 1,154.72
Campbell Supply supplies 22.06
Clay Rural Water System water usage 38.30
Clay-Union Electric Corp electricity 2,005.70
Colonial Life Acc Ins. insurance 1,430.17
Coyote Vending calendars 195.00
D-P Tools hex bit sets 137.60
Dakota Pc Warehouse ipads/cases/ink cartridges 1,641.92
Demco sofa/loveseat 1,211.12
Dennis Chandler merchandise reimbursement 123.05
Dubois Chemicals soda ash 6,776.00
Echo Electric Supply supplies 11.38
Emergency Apparatus Maintenance repairs 1,221.08
Energy Laboratories chemicals 1,150.00
Fred Haar Co., Inc rental 1,488.00
Gerstner Oil Co jet fuel 7,418.40
Global Equipment Company supplies 177.85
Graham Tire tires 590.93
Gregg Peters managers profit 32,087.10
Herren-Schempp Building supplies 41.94
HOA Solutions, Inc repairs 576.75
Ingram books 262.49
Integrated Technology & Security door lock system 26,248.00
Jacks Uniform & Eqpt uniform 115.90
Jonathan Warner boot reimbursement 217.27
Kwikboost charging stations-library 1,283.00
Loren Fischer Disposal haul cardboard 1,180.00
Malloy Electric parts 166.28
Matheson Tri-Gas, Inc supplies 681.81
McLeods Printing minutes book 479.32
Medical Waste Transport, Inc haul medical waste 217.51
Micro Marketing LLC supplies 24.99
MidAmerican gas usage 10,982.26
Midwest Ready Mix & Equipment flowable fill 352.00
Moore Welding & Mfg repairs 23.75
Nebraska Journal-Leader advertising 67.20
Netsys+ repairs 114.00
Newman Signs, Inc supplies 86.75
O'Reilly Auto Parts parts 3.99
Office Systems Co copier contract/copies 578.24
9
PCC, Inc commission 3,447.55
Quill supplies 114.27
Sanitation Products Inc parts 1,647.70
SD Board Of Operator Cert certification renewal 6.00
SD DENR landfill operations fee 2,781.74
Sooland Bobcat parts 199.33
Staples Business Credit supplies 743.91
State Hygienic Laboratory testing 1,086.00
Stern Oil Co. fuel/oil 7,739.66
Sturdevants Auto Parts parts 273.63
Syncb/Amazon books 209.00
The Equalizer advertising 248.00
Tractor Supply Credit Plan supplies 26.91
Truck-Trailer Sales repairs 235.60
Twin City Hardware parts 6,445.91
Two Way Solutions radio equipment 276.92
United Parcel Service shipping 228.90
Vermillion Area Comm Foundation round-up program 276.73
Vermillion Rotary Club dues/meals 127.75
Vessco, Inc parts 722.91
Winter Equipment Company parts 665.01
Yankton Medical Clinic testing 80.00
Ziegler Inc parts 516.76
2019 Invoices
Centurylink telephone 1,584.87
Chad Christopherson safety boots reimbursement 100.00
Dakota Beverage merchandise 2,472.97
Dept. Environment Natl Res wastewater discharge permit 10,500.00
ESO Solutions, Inc software/maintenance 8,275.00
Global Dist. merchandise 75.00
Gregg Peters managers fee/advertising 6,500.00
John A Conkling Dist. merchandise 2,212.50
Johnson Brothers Of SD merchandise 12,257.56
Joint Utility Training School registration 600.00
Jones Food Center supplies 612.73
Midcontinent Communication cable/internet service 746.57
Midwest Alarm Co alarm monitoring 81.00
Minn Municipal Utility Association member dues/powerline 991.00
Prairie Berry Winery merchandise 519.00
Republic National Distributing merchandise 7,063.60
Reserve Account postage for meter 900.00
SD Assoc. Of Code Enforcement membership dues 40.00
SD Building Officials Association membership dues 50.00
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SD Public Assurance Alliance boiler insurance 3,350.85
Sioux City Foundry Co supplies 2,250.00
Southern Glazer's Of SD merchandise 2,230.10
Stuart C. Irby Co. led fixtures 88,368.75
The Growler Station, Inc licensing/maintenance fee 749.97
US Postmaster postage for utility bills 1,000.00
Vermillion Ace Hardware supplies 83.35
Yankton Motorsports LLC Kawasaki mules 29,998.00
Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor
Powell declared the motion adopted.
12. Consensus Agenda - None
13. Adjourn
23-19
Alderman Ward moved to adjourn the Council Meeting at 8:01 p.m.
Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor
Powell declared the motion adopted.
Dated at Vermillion, South Dakota this 21st day of January, 2019.
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 ___________.
11
Agenda
Special Meeting Agenda
City Council
12:00 p.m. (noon) Special Meeting
Monday, January 21, 2019
Large Conference Room – City Hall
25 Center Street
Vermillion, South Dakota 57069
1. Roll Call
2. Visitors to Be Heard
3. Informational Session – Draft of Small Cell Telecommunications infrastructure ordinance – City
staff.
4. Informational Session – National Music Museum contribution request – Mayor Jack Powell.
5. Briefing on the January 21, 2019 City Council Regular Meeting – Briefings are intended to be
informational only and no deliberation or decision will occur on this item.
6. Adjourn.
Access the City Council Agenda on the web – www.vermillion.us
Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are
limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time.
Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting.
Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on
a City holiday, the meeting will be scheduled for the following Tuesday.
Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3.
As a courtesy to others, we ask that cellular phones and pagers be turned off during the meeting.
City of Vermillion Council Agenda
7:00 p.m. Regular Meeting
Monday, January 21, 2019
City Council Chambers
25 Center Street
Vermillion, South Dakota 57069
1. Roll Call
2. Pledge of Allegiance
3. Minutes
a. January 7, 2019 Special Meeting; January 7, 2019 Regular Meeting.
4. Adoption of the Agenda
5. Visitors to be Heard
a. Wallace Post #1 Proclamation.
b. Martin Luther King, Jr. Day of Service Proclamation.
6. Public Hearings
a. Special daily wine license for the Vermillion Cultural Association on or about February 16, 2019 at 4
West Main Street (Vermillion Theater) for a special event.
b. First reading of Ordinance 1397 to Rezone Lot 11 in Block 1, LaCroix Addition to the City of Vermillion,
Clay County, South Dakota from GB – General Business to R-2 Residential District (property located at
the southeast corner of E. Cherry Street and N. Crawford Road).
7. Old Business
8. New Business
a. Update on possible changes to City Code language for background checks for Transportation Network
Company drivers.
b. National Music Museum contribution request.
9. Bid Openings
10. City Manager’s Report
11. Invoices Payable
12. Consensus Agenda
13. 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. Please raise your hand to be
recognized, go to the podium and state your name and address.
a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard 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.
Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you
desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at
least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available.
Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on
a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first
and third Monday of each month at Noon.
Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3
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.
Unapproved Minutes
Council Special Session
January 7, 2019
Monday 12:00 noon
The special session of the City Council, City of Vermillion, South
Dakota was held on Monday, January 7, 2019 at 12:00 noon at the Clay
County Courthouse basement conference room.
1. Roll Call
Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen,
Ward, Mayor Powell
Absent: Willson
2. Visitors to be Heard
3. Informational Session – Discussion on refunding 2009 Electric
Transmission Revenue bonds – Finance Officer Mike Carlson
Mike Carlson, Finance Officer, reported that the City issued bonds for
the electric transmission line in 2009 which will be able to refund in
December 2019. Mike noted that he had been in contact with Dougherty &
Company about refunding and that a refunding cannot be closed more than
90 days before the call date and that interest rates can be locked in
60 days prior to that which would bring us to July 1st. Mike noted that
the refunding documents would require 60 days to prepare and that the
first step would be a refunding resolution for the City Council to
approve that will become effective 20 days after publication. Mike
stated that the December 2018 numbers showed a savings over the
remaining life of the bond of $335,439 at net present value savings of
$253,615. Mike also noted that the City has received SPP payments for
the investment in the transmission line that currently total $1.5
million and for 2019 we are estimating payment of about $800,000. Mike
suggested that up to $2 million of these reserves be used to reduce the
refunding bond thus saving more interest and shortening the life of the
bond. Mike answered questions of the City Council on the bond and
refunding. The consensus was to move forward with the refunding
resolution so the City will be ready to refund the bonds if there is a
financial benefit to the City.
4. Briefing on the January 7, 2019 City Council Regular Meeting
Council reviewed items on the agenda with City staff. No action was
taken.
1
5. Tour of the Clay Area Emergency Communications Center and Police
Department
The tour was after the meeting was adjourned.
6. Adjourn
1-19
Alderman Ward moved to adjourn the Council special session at 12:17
p.m. for a tour of the Clay Area Emergency Communications Center and
Police Department. Alderman Collier-Wise seconded the motion. Motion
carried 8 to 0. Mayor Powell declared the motion adopted.
Matt Betzen, Police Chief, and Ryan Anderson, E911 Director, provided
the City Council with a tour of the Police and Emergency Communications
Center and answered questions.
Dated at Vermillion, South Dakota this 7th day of January, 2019.
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
January 7, 2019
Monday 7:00 p.m.
The regular session of the City Council, City of Vermillion, South
Dakota was called to order on Monday, January 7, 2019 at 7:00 p.m. by
Mayor Powell.
1. Roll Call
Present: Collier-Wise, Hellwege, Holland, Humphrey, Price, Sorensen,
Ward, Mayor Powell, Student Representative Skunk
Absent: Willson
2
2. Pledge of Allegiance
3. Minutes
A. Minutes of December 17, 2018 Special Meeting; December 17, 2018
Regular Meeting
2-19
Alderman Sorensen moved approval of the December 17, 2018 Special
Meeting and December 17, 2018 regular session minutes. Alderman
Holland seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
4. Adoption of Agenda
3-19
Alderman Collier-Wise moved approval of the agenda. Alderman
Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
5. Visitors to be Heard - None
6. Public Hearings
A. Appeal of Planning Commission’s Decision Approving a Conditional-Use
Permit for the Construction of Single-Family Attached Dwellings at 317
and 321 Joplin Street
Jose Dominguez, City Engineer, reported that the City received an
application for a Conditional-Use Permit (CUP) from AMS Building
Systems on November 27, 2018. Jose stated that the CUP was for the
construction of single-family attached dwellings at 317 and 321 Joplin
Street. Jose reported that the application was presented to the
Planning Commission at their December 10, 2018 meeting by the applicant
and the Planning Commission approved the CUP without any conditions.
Jose reported that an appeal of the Planning Commission decision was
timely filed with the City by Mr. Tom Mrozla and Mrs. Gina Mrozla. Jose
reported that the appeal asks for ‘safeguards’ to be placed on the
approved CUP, but it does not ask for the approved CUP to be
overturned. Jose stated that the City’s current process for conditional
uses follows the Code of Ordinances Section 155.095 which sets the
Planning Commission as the body that grants CUPs. Jose reported that
the Planning Commission reviews the request and bases their decision on
a criteria delineated in the ordinance. Jose stated that the ordinance
provides that the Planning Commission’s decision can be appealed to the
City Council by anyone feeling aggrieved by the conditions placed or
the decision reached. Jose reported on the location where the CUP was
3
requested, noting that it is in the Bliss Pointe Planned Development
District. Jose reported that the Bliss Pointe PDD was divided into four
areas and each of those areas has different allowable uses and
conditional uses. Jose stated that single-family attached dwellings
would be located within Area B, which allows, as a conditional use, the
construction of single-family attached dwellings. Jose stated that the
appeal from Mr. and Mrs. Mrozla is requesting that the City Council
amend the Planning Commission’s decision by placing the following
‘safeguards’:
1. A buffer lot is required next to an existing detached house. This
buffer lot must be used for a detached house and not another attached
house/twin home.
2. Attached housing must be scattered and cannot be grouped or
contiguous to another attached/twin home.
3. The front of each attached unit must have at least 14’ of house wall
facing the street. This wall facing the street must have the front door
and at least one large window with the minimal dimension of 5’x5’.
Jose stated that, with respect to ‘safeguard’ number one, through the
CUP process the City cannot place conditions on a lot which is not part
of the process. Jose noted that request number two could not be
completed through the CUP process but would require an amendment to the
the Bliss Pointe PDD ordinance. Jose stated that request number three
could be more effectively handled by the developer, or the owner of the
land, by amending the covenants for the Bliss Pointe development. Jose
recommended maintaining the Planning Commission’s decision allowing for
the construction of single-family attached dwellings without any
conditions at 317 and 321 Joplin Street.
Gina Mrozla, resident of 333 Joplin Street, reviewed the appeal of the
Planning Commission’s decision that was presented to the City
requesting the safeguards as explained by Jose. Gina noted that she did
not know about the allowable uses in this area and that many of her
neighbors who signed the petition did not know either. Gina noted that
she did not feel that Joplin Street should have any attached dwellings.
Gina noted that they were concerned about the impact on property values
and requested consideration of the safeguards presented to protect the
investment in their home. Gina noted that these conditions would
guarantee diversity of housing projects and will guard against the
negativity associated with grouping twin homes. Gina reported on the
number of signatures received from home owners in the Bliss Pointe
development.
4
Allen Madison, resident of 1301 Rockwell Trail, stated that he lives in
the same block as the proposed twin home and urged the City Council to
deny the conditional use permit for the twin home on Joplin Street.
Allen stated that the conditional use permit violates the covenants for
Bliss Pointe.
Carol Geu, resident of 1308 Rockwell Trail, stated that her home is in
Zone B and wanted to support her neighbors in requesting that the
conditional use permit be denied. Carol noted that just because an
action is legal does not make it the best. Carol noted that citizens
are encouraged to go the City Hall and review documents and express
their concerns, only to find out that City employees call others to
pass along the concerns.
Tom Geu, resident of 1308 Rockwell Trail, stated that it is apparent
that the lots are not large enough and the solution may be to divide
the six lots into four lots.
Davida Madison, resident of 1301 Rockwell Trail, stated that she would
not have selected their lot if they knew twin homes could be built in
the area. Davida stated that she supports the appeal and based upon the
number of signatures on the petition most of the neighbors do not
support twin homes in the area. Davida noted that twin homes will be
rentals and the area will turn all to rental.
Alderman Sorensen wanted to thank the number of citizens that were
present at the hearing. Alderman Sorensen moved to deny the Planning
Commission decision and remand it back to the Planning Commission to be
amended. Mayor Powell declared the motion died for a lack of a second.
Discussion followed on the City ordinance for the Bliss Pointe PDD and
the deed covenants. Jose answered questions of the City Council on the
ordinance and deed covenants. Nate Welch, Executive Director of the
VCDC, answered questions on the deed covenants, architectural review
process and process used to sell the lots.
Jim McCulloch, City Attorney, reviewed the deed covenants as well as
the zoning ordinance and how they apply to the lots. Jim noted that the
conditional use permit homes will be built with a shared wall that is
on the lot line so would be allowable under the covenants.
The City Council agreed to allow Carol Geu time to present additional
information. Carol stated that the twin homes proposed to be built are
to have a value of $275,000 and up which is not affordable housing and
suggested that affordable housing be built on these lots.
5
Alderman Sorensen stated that Bliss Pointe has more land that twin
homes could be located in another area to resolve this issue of the
conditional use permit.
4-19
Alderman Ward moved to uphold the Planning Commission decision to
approve the conditional use permit for single family attached dwellings
at 317 and 321 Joplin Street without any conditions. Alderman Collier-
Wise seconded the motion. Discussion followed. Motion carried 6 to 2.
Mayor Powell declared the motion adopted.
7. Old Business - None
8. New Business
A. Resolution and statement of Municipal Electric Utilities Benefits
John Prescott, City Manager, reported that the City of Vermillion and
other municipal electric systems have the ability to annex electric
service territory into the City’s electric service territory when
property is annexed into the City limits. John noted that under current
state statue when a City annexes property into the City limits, the
City has one year to notify the incumbent electrical provider of the
municipal electric’s intent to serve the newly annexed territory. John
stated that the municipal electric pays the incumbent electric provider
25% of the municipal electric’s rate at the time of the service
territory annexation for seven years during an eleven year time period
that begins with the annexation of the electric service territory. John
reported that Chris Larson with Clay Union Electric and Bob Sahr with
East River Electric met with City representatives in December 2018 when
they indicated that the rural electric cooperatives are planning to
propose a bill(s) during the 2019 legislative session that would freeze
electric service territories. John noted that the legislation would
prohibit the City from expanding the municipal electric service
territory to include newly annexed areas served by other city utilities
such as water, waste water, and storm sewer and public investments such
as streets. John noted that these new areas would no longer be rural,
unincorporated areas but part of a municipality and should have the
same benefits, costs, and opportunities as other members of the
municipality. John stated that the attached resolution provides an
opportunity for the City Council to request our local District 17
delegation to maintain the current state statutes. Discussion followed.
5-19
Alderman Collier-Wise moved approval of the resolution encouraging
District 17 Legislators to maintain current statutes that provide for
the growth of the electrical service territory as the community grows.
6
Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
B. Resolution adopting guidelines and general aesthetic standards for
small cell telecommunications infrastructure
John Prescott, City Manager, reported that the South Dakota Municipal
League has been working with the telecommunications industry during the
last year to develop a model ordinance for communities to consider with
the deployment of small cell technology which will be for Council
consideration in a few months. John reported that, during the fourth
quarter of 2018, the Federal Communications Commission voted to approve
a declaratory ruling and report and order that effectively enacts new
preemptions of local authority over small cell wireless facility
deployment and management of local right-of-way. John reported that
communities must have some aesthetic standards in place by January 14,
2019. John reported that having standards in place prior to January 14,
2019 allows a city to enforce standards that are reasonable, are not
more burdensome than those applied to other types of infrastructure
deployment, and are objective and published in advance. John noted that
the FCC order also allows aesthetic standards adopted before January
14, 2019 to be modified April 15, 2019. John reported that the attached
resolution proposes the adoption of general aesthetic standards. John
stated that the language was provided by a national consultant who
works with local and state governments in the development of ordinances
related to small cell and other telecommunications infrastructure. John
noted that the initial standards promote development that is comparable
to the built environment that exists today. John recommended adoption
of the resolution noting that the City Council can customize the
guidelines until April 2019. John stated that a sample ordinance has
been provided by the SDML consultant that was sent out on Friday and
will be on a future agenda for consideration. Discussion followed.
6-19
After reading the same once, Alderman Holland moved adoption of the
following:
RESOLUTION ADOPTING GUIDELINES AND
GENERAL AESTHETIC STANDARDS FOR SMALL CELL
TELECOMMUNICATIONS INFRASTRUCTURE
WHEREAS, in anticipation of expanding wireless services in the city
will require small cell telecommunications infrastructure; and
WHEREAS, small cell infrastructure may be located in the city public
right-of-way and as such the city would want to adopt guidelines and
general aesthetic standards for this infrastructure; and
7
WHEREAS, it is anticipated that an ordinance will be forthcoming to
establish requirements for permitting small cell telecommunications
infrastructure that will include guidelines and potential revisions to
aesthetic standards.
NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of
Vermillion that the following guidelines and general aesthetic
standards be established for small cell telecommunications
infrastructure:
To the extent feasible, the antennas shall be placed and colored to
blend into the architectural detail and coloring of the host
structure. Towers shall be painted a color that best allows them to
blend into the surroundings. The use of grays, blues, greens, dark
bronze, browns or other site specific colors may be appropriate;
however, each case shall be evaluated individually.
All wireless communication facilities in residential districts,
historic and downtown districts shall be sited and designed with
stealth features to minimize adverse visual impacts on surrounding
properties and the traveling public to the greatest extent reasonably
possible, consistent with the proper functioning of the wireless
communication facilities. Such wireless communication facilities and
equipment enclosures shall be integrated through location and design
to blend in with the existing characteristics of the site. Stealth
and concealment techniques must be appropriate given the proposed
location, design, visual environment, and nearby uses, structures,
and natural features. Such wireless communication facilities shall
also be designed to either resemble the surrounding landscape and
other natural features where located in proximity to natural
surroundings, or be compatible with the built environment or be
consistent with other uses and improvements permitted in the relevant
zone.
Dated at Vermillion, South Dakota this 7th day of January, 2019.
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 Collier-Wise. Discussion followed
and the question of the adoption of the Resolution was presented for a
8
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.
C. Request to close Kidder Street from Court Street west to the alley
between Court Street and Market Street on Saturday, February 23, 2019
from 11:00 a.m. to 6:00 p.m. for the Special Olympics Polar Plunge
James Purdy, Assistant to the City Manager, reported that the Law
Enforcement Torch Run and Special Olympics of South Dakota are
requesting the closing of Kidder Street from Court Street west to the
alley between Court and Market Street on Saturday, February 23, 2019
from 11:00 a.m. to 6:00 p.m. for the Polar Plunge. James reported that
a map of the proposed street closing is attached. James noted that the
location on Kidder Street is the same as in 2015 and 2016 but that in
2017 and 2018 it was on Court Street from Kidder Street south a half
block.
7-19
Alderman Sorensen moved approval of the street closing requested by the
Law Enforcement Torch Run and Special Olympics of South Dakota for
Kidder Street from Court Street west to the alley between Court and
Market Street on Saturday, February 23, 2019 from 11:00 a.m. to 6:00
p.m. for the Polar Plunge. Alderman Humphrey seconded the motion.
Motion carried 8 to 0. Mayor Powell declared the motion adopted.
D. Airport Lease Agreement with Mr. Robert Grossman
Jose Dominguez, City Engineer, reported that in May 2001 Mr. Robert
Grossman (owner) assumed the lease agreement entered into between the
City and Mr. William Mount. Jose stated that the original agreement was
signed in December 1998 and was for 20-years and had one option to
renew for another 20-years. Jose reported that the lease agreement on
the first 20-years expired on December 7, 2018 and the City did not
receive any requests from the owner regarding exercising his option on
an additional 20-years. Jose reported that the City drafted a new
agreement with the owner. Jose stated that the new agreement will be
strictly for the lease of the land being a parcel that is 50-feet by
60-feet that the owner has a 36-feet by 42-feet hangar located. Jose
reported that the new agreement will be for 10-years commencing on
December 7, 2018 with a 10-year option to renew after the first 10-year
period. Jose stated that the lease rate may be adjusted on the 5th year
up to 10-cents per square foot of the building and the lease rate for
the unused land would not change. Jose stated that, based on the
current lease rates, the amount that the owner would pay on an annual
basis would be $224.40. Discussion followed.
9
8-19
Alderman Holland moved approval of the Airport Hanger Lease with Robert
Grossman as presented with the removal of the “not” in Section 13 and
authorized the Mayor to sign the lease. Alderman Hellwege seconded the
motion. Motion carried 8 to 0. Mayor Powell declared the motion
adopted.
E. Airport Lease Agreement with Mr. Dennis Martens and Mrs. Brenda
Martens
Jose Dominguez, City Engineer, reported that on July 6, 1998 Mr. Dennis
Martens and Mrs. Brenda Martens (owners) entered into a lease agreement
with the City for land to construct a hangar. Jose stated that the
agreement was for 20-years and had one option to renew for another 20-
years. Jose reported that the lease agreement on the first 20-years
expired on July 6, 2018 and the City did not receive any requests from
the owners regarding exercising their option on an additional 20-years.
Jose reported that the City drafted a new agreement with the owners.
Jose reported that the new agreement will be strictly for the lease of
the land being a parcel 50-feet by 55-feet that the owner has a 40-feet
by 42-feet hangar within that land. Jose reported that the new
agreement will be for 10-years commencing on July 6, 2018 with a 10-
year option to renew after the first 10-year period. Jose reported that
the lease rate may be adjusted on the 5th year up to 10-cents per
square foot of the building and the lease rate for the unused land
would not change. Jose noted that, based on the current lease rates,
the amount that the owner would pay yearly would be $191.00.
Discussion followed.
9-19
Alderman Collier-Wise moved approval of the Airport Hanger Lease with
Dennis and Brenda Martens as presented with the removal of the “not” in
Section 13 and authorized the Mayor to sign the lease. Alderman
Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
F. Resolution Authorizing the Purchase of a Light and Power Boring
Machine
Jose Dominguez, City Engineer, reported that the 2019 equipment
replacement fund included the replacement of the 2009 boring machine.
Jose reported that staff would like to take advantage of an attractive
Sourcewell bid. Jose stated that Sourcewell has over 7,000 governmental
agencies that participate in their purchasing program. Jose noted that
in July 2010, state law changed allowing purchases to be made off of
other governmental entity bids or cooperative agreements outside of the
state. Jose reported that the City received two bids. Jose stated that
10
the first bid was from Vermeer High Plains, from Tea, for a 2019
Vermeer D20x22 Series 3 Navigator with additional rods and a trailer
for $118,181.96 after the trade-in value for the City’s existing 2009
Vermeer D16x20II Navigator boring machine, rods and trailer of $69,000.
Jose noted that the second bid received was from Ditch Witch of South
Dakota, from Sioux Falls, for a 2019 Ditch Witch JT20 Jet Trac with
additional rods and a trailer for $141,258.90 after the trade-in value
for the City’s existing boring machine of $40,000. Jose recommended
approving the Resolution to purchase a 2019 Vermeer D20x22 Series 3
Navigator with additional rods, trailer and trading-in the City’s 2009
Vermeer D16x20II Navigator boring machine, rods and trailer to Vermeer
High Plains for a net price of $118,181.96. Discussion followed.
10-19
After reading the same once, Alderman Sorensen moved adoption of the
following:
RESOLUTION
AUTHORIZING THE PURCHASE OF
A BORING MACHINE, RODS AND TRAILER
WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into
agreements with purchasing agents in any other state for purchases
under a joint agreement or contract 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 Sourcewell (formerly known as the National Joint Powers
Alliance) for a boring machine, rods and trailer from Vermeer High
Plains for the total amount of $118,181.96 offers an advantageous price
to the City for said item; and
WHEREAS, the bid offered by Vermeer High Plains also includes a trade-
in value for the City’s 2009 Vermeer D16x20II Navigator boring machine,
with rods and trailer of $69,000; and
NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of
Vermillion, that the City Manager or the City’s Finance Officer is
hereby authorized to purchase a new 2019 Vermeer D20x22 Series 3
Navigator boring machine with rods and trailer from Vermeer High
Plains, of Tea, South Dakota for a price of $118,181.96 after trade-in.
Dated at Vermillion, South Dakota this 7th day of January, 2019.
THE GOVERNING BODY OF THE
11
CITY OF VERMILLION, SOUTH DAKOTA
By _____________________________
John E. (Jack) Powell, Mayor
ATTEST:
By __________________________________
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. 8 members voted in favor of and 0 members voted in
opposition to the Resolution. Mayor Powell declared that the Resolution
was adopted.
G. 2019 Payroll Resolution
John Prescott, City Manager, reported that State statute requires the
publication of the complete list of all salaries of officers and
employees of the City. John stated that the City of Vermillion has
traditionally passed a resolution at the start of each budget year
adopting the salaries, which is then included in the meeting minutes.
John noted that other changes in salary or new employees during the
course of the budget year are included with City Council minutes as the
personnel actions take place. John noted that the three union
agreements provided a 2.25% cost of living pay adjustment for calendar
year 2019. John stated that the attached resolution also provides for a
2.25% increase for non-union, professional, and management employees as
well as the City Council. Discussion followed.
11-18
After reading the same once, Alderman Ward moved adoption of the
following:
CITY OF VERMILLION
2019 PAYROLL RESOLUTION
WHEREAS, effective and responsive delivery of City services is
dependent upon the employment of a highly competent and motivated
workforce; and
WHEREAS, the City of Vermillion, as an employer, makes periodic
adjustments to wages and compensation for inflation and in comparison
to other municipal employers; and
WHEREAS, the City of Vermillion has previously approved collective
bargaining agreements with AFSCME Local 1052 covering the calendar year
12
2019 that includes placement of employees on a wage schedule which
generally provides a 2.25% increase in wages; and
WHEREAS, the City of Vermillion has previously approved a collective
bargaining agreement with the Fraternal Order of Police Lodge 19
covering the calendar year 2019 that includes placement of employees on
a wage schedule which generally provides a 2.25% increase in wages; and
WHEREAS, the City of Vermillion desires to increase wages and salaries
for management, professional, and non-union employees by 2.25% on
January 1, 2019.
NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of
Vermillion hereby approves and adopts the following wage rates for the
calendar year 2019.
BI-WEEKLY SALARIES:
Mayor/City Council: John Powell/$448.58; Kelsey Collier-Wise/$259.72;
Howard Willson/$259.72; Rich Holland/$259.72; Brian Humphrey/$259.72;
Julia Hellwege/$259.72; Katherine Price/$259.72; Tom Sorensen/$259.72;
Steve Ward/$259.72; General Government: John Prescott/$5,123.20; James
Purdy/$1,762.40; Fire/EMS: Matthew Callahan/$2,811.20; Robin
Hower/$225.00; Anthoney Klunder/$285.00; Matthew Taggart/$1,360.00 Code
Enforcement: Farrel Christensen/$2,407.20; Telecommunications: Ryan
Anderson/$2,280.80; Engineering: Jose Dominguez/$3,357.60; Shane
Griese/$2,182.40; Finance: Mike Carlson/$4,155.20; Library: Daniel
Burniston/$2,418.40; Light and Power: Monty Munkvold/$3,255.20; Travis
Tarr/$2,991.20; Parks & Recreation/Golf: James Goblirsch/$2,933.60;
Ryan Baedke/$1,980.00; Russell Jensen; $2,102.40; Police: Matthew
Betzen/$3,560.00; Chad Passick/$3,097.60; Crystal Brady/$2,713.60; Luke
Trowbridge/$2,713.60; Solid Waste: Timothy Taggart/$2,208.80; Street:
Pete Jahn/$2,580.00;
HOURLY WAGES:
Fire/EMS: Dawn Abbott-Thompson/$11.40, $2.00/hr on-call; Emma
Duprey/$10.10, $2.00/hr on-call; Aaron Fest/$10.20, $2.00/hr on-call;
Maria Glover/$10.00, $2.00/hr on-call; Madeline Fest/$12.20, $2.00/hr
on-call; Ryun Fischbach/$20 per call; Marisa Helm/$10.20, $2.00/hr on-
call; Claire Hoogland/$10.10, $2.00/hr on-call; Valerie Hower/$12.50,
$2.00/hr on-call; Cody Jansen/$10.70, $2.00/hr on-call; Carter
Kerber/$10.20, $2.00/hr on-call; David Kyte/$11.40, $2.00/hr on-call;
Joe Kyte/$13.20, $2.00/hr on-call; Jordan Leach/$10.10, $2.00/hr on-
call; Neil Melby/$10.80, $2.00/hr on-call; Ethan Parr/$10.10, $2.00/hr
on-call; Mandy Reed/$13.10, $2.00/hr on-call; Evan Rolling/$10.10,
$2.00/hr on-call; Shea Soderlin/$12.30, $2.00/hr on-call; Jena
13
Stewart/$10.20, $2.00/hr on-call; Michael Wildermuth/$14.00, $2.00/hr
on-call; Jessica Wahlgren/$10.10, $2.00/hr on-call; Matthew
Wilmes/$10.10, $2.00/hr on-call; Lisa Wood/$10.80, $2.00/hr on-call;
Anthony Gengler/$17.15; Audrey Larsen/$14.00; Christopher
Mikkelsen/$17.15; Drew Vanvoorhis/$17.15; Code Enforcement: Jim
Balleweg/$23.43; Kenny Wapniarski/$18.26; Custodial: Ron Maher/$12.73;
Electric: Chad Christopherson/$35.01; Todd Halverson/$36.03; Austin
Anderson/$35.01; Phil Wiebelhaus/$34.44; Matt Nelson/$28.49; Andrew
Eidem/$34.44; Karen Harris/$21.01; Brandon Steeneck/$26.65; Dennis
Davis/$0.30/Meter; Teresa Gilbertson/$0.30/Meter; Engineering: Todd
Nordyke/$21.54; Eric Birkeland/$20.08; Finance: Katie Redden/$21.70;
Sherry Howe/$27.02; Vicki Fader/$19.26; Janis Johnson/$17.60; General
Government: Marty Washington/$16.25; Library: Wendy Nilson/$22.11;
Linda Calleja/$16.62; Rachelle Langdon/$14.67; Beth Samenus/$20.47;
Jeffrey Engeman/$17.68; Dylan Chang/$12.98; Sophia Wermers/$12.10;
Hannah Voudry/$9.75; Nicole Andrews/$9.50; Michael Burke/$9.50; Kaitlin
Haas/$9.50; Parks & Recreation/Golf: Aleesha Alverson/$9.25; Brooke
Assmus/$9.25; Mackenzie Kopren/$9.25; Nicolas, Anderson/$9.25; Rachel
Brady/$9.25; Shannon Fitzsimmons/$9.25; Brock Fehr/$9.25; Parker
Goblirsch/$9.25; Brittany Hamann/$9.25; Morgan Graham/$9.25; Alexis
Fredericksen/$9.25; Kayla Lewis/$9.25; Audry Miiller/$9.25; Tomalyn
Peckham/$9.25; Nathan Robertson/$9.25; Elaina Taggart/$9.25; Richard
Sauer/$9.25; Ryan Sevening/$9.50; Tyler Trageser/$17.53; Joel Van
Peursem/$9.25; Payten Halverson/$9.25; Ethan Weber/$9.25; Sophie
Larson/$9.25; Ernst Coriolan/$9.25; Michael Kopren/$9.25; Kennedy
Goblirsch/$9.25; Trey Livermont/$9.25; Alisha Leber/$9.25; Ezra
Voigt/$9.25; Morgan Halverson/$9.25; Cylie Hanson/$16.75; Nicholas
Lubbers/$9.25; Joshua Prescott/$9.25; Christopher White/$9.25; Tyler
Williamson/$18.32; Aaron Baedke/$11.25; Danny Brown/$9.50; Mark
Clark/$31.26; Blake Gilkyson/$9.25; Clayton Hakin/$9.25; Justin
McGregor/$9.25; Kara Mulheron/$9.25; Justin Norling/$10.25; Jack
Padmore/$9.25; Jessica Rogers/$9.25; Taylor Schultz/$9.25; Paul
Schwasinger/$11.50; Travis Taggart/$17.53; Tyler Farrell/$9.25; Grant
Campbell/$9.25; Dennis Chandler/$20.13; Kory Diefendorf/$9.25; Sam
Craig/$9.50; Rylan Craig/$9.25; Madison Guhlke/$9.25; Tryce
Nelson/$9.25; Tiara Selby/$9.25; Keegan Johnson/$12.55; Shelby
Rockafellow/$9.25; Haleigh Melstad/$9.25; Hannah Poppens/$9.25; Brady
Martinez/$9.25; Kyleigh Moran/$9.50; Sam Nicholson/$9.75; Alexa
Rudeen/$9.25; Kayla Stammer/$9.25; Ryne Whisler/$9.50; Police: Janna
Mollet/$22.20; Ryan Hough/$32.27; Robin Hower/$29.28; Ben
Nelsen/$32.27; Jonathan Warner/$27.54; Bryan Beringer/$27.54; Anthoney
Klunder/$26.87; Chet Moser/$24.34; Jessica Newman/$24.95; Jonathan
Cole/$26.21; Mark Foley/$25.57; Joe Ostrem/$27.15; Matthew
Davis/$23.17; Jamie Hall/$23.17; Andrew Delgado/$24.34; Drew
Gortmaker/$22.60; Cindy Carrington/$14.80; Dallas Schnack/$16.50; Solid
Waste/Recycling: Jennifer Holthe/$15.33; Mark Milbrodt/$22.46; Jim
Zimmerman/$21.52; Todd Moe/$19.86; Dan Hanson/$19.41; Todd
14
Mockler/$17.52; Jeremiah Kashas/$16.97; Alec Leber/$16.22; Daniel
Goeden/$15.00; Daniel Milroy/$17.13; Brian Waage/$17.13; Street: Cody
Sommervold/$18.51; Brian Nelson/$18.09; Jeffrey Mart/$23.25; Brian
Steffen/$18.51; Scott Iverson/$17.67; Ryun Fischbach/$17.67; Cory
Taggart/$17.31; Paul Brunick/$9.25; Rich Walker/$10.75;
Telecommunications: David Stammer/$23.60; Marsha McKinney/$23.14;
Jessica Standley/$22.69; Derek Ronning/$20.17; Amanda Arndt/$17.08;
Anthony Iverson/$17.08; Anne Printz/$16.58; Wastewater: Fred
Balleweg/$29.68; Michael Heine/$23.29; Cory Moore/$20.95; Robert
Pickens/$20.95; Zachary Hammond/$18.10; Kyle Hoisington/$20.49; Ryan
Hage/$10.00; Water: Curtis Haakinson/$29.03; Wade Mount/$24.79; Dale
Husby/$21.79; Tyler Zimmerman/$23.33; Chris Nissen/$22.78; Eric
McPherson/$22.28; Andrew Wickre/$18.83; Volunteer Firefighters: Dawn
Abbott-Thompson; Cole Albaugh-Edgecomb; Tyler Alink; Jonathan Aperans;
Armando Barash; Victor Barash; Karl Brewer; Jeff Brown; Matt Callahan;
Kellen Cusick; Ray Decker; Ryun Fischbach; Anthony Gengler; Hunter
Jackson; Cody Jansen; Anthoney Klunder; Tony Kronaizl; Jordan Leach;
Scott Martinson; Chris Mikkelsen; Curtis Mincks; Mike Murra; Preston
Rhodes; Evan Rolling; Blaine Schoellerman; Dustin Sockness; Bill
Sperry; Cory Taggart; Mark Taggart; Matt Taggart; Keith Thompson; Drew
Vanvoorhis; John Walker; Noah Walker; Zachary Walton; Dylan Whelchel;
Brandon Wiemers; Matthew Wilmes; Associate Firefighters: Dick Brown;
Doug Brunick; Mike Chaney; Gary Eidem; Don Forseth; Bob Frank; Todd
Halverson; Dean Hansen; Pete Jahn; Wade Mount; Monty Munkvold; Rob
Pickens; Travis Schroeder; Tom Sorensen; Chuck Taggart; Clarence
Voudry; Brian Waage; Rich Walker; Clyde Watts; Cadets: Kase King; Blake
Nelson; Planning Commission: (Each member receives $15.00/per meeting.)
Matthew Fairholm; Don Forseth; Robert Iverson; Mike Manning; Ted
Muenster; Jim Wilson; Robert Oehler; Jeff Kleeman; Douglas Tuve;
Library Board: (Each member receives $15.00/per meeting.) Greg Redlin;
Martha Muellenberg; Gabrielle Strouse; Diane Leja; Catherine Beem.
PROVIDED, HOWEVER, the City Manager may make wage increases for the
completion of education requirement, for passing certification tests,
for fulfillment of job requirements set at the date of employment, and
the City Manager may make meritorious wage increases for Department
Heads within the budgetary appropriation of the respective departments.
Dated at Vermillion, South Dakota this 7th day of January 2019.
FOR THE GOVERNING BODY OF THE
CITY OF VERMILLION, SOUTH DAKOTA
15
By______________________________
John E. (Jack) Powell, Mayor
ATTEST:
By___________________________________
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. 8 members voted in favor of and 0 members voted in
opposition to the Resolution. Mayor Powell declared that the Resolution
was adopted.
9. Bid Openings
A. Fuel quotes
Mike Carlson, Finance Officer, read the monthly fuel quotes and
recommended the low quote of Brunick’s Service on Item 1 and Stern Oil
on Items 2 & 3.
Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $1.8732, Brunick’s
Service $1.80; Item 2 – 3,000 gal No. 1&2 Diesel fuel dyed: Stern Oil
$2.09515, Brunick’s Service $2.14; Item 3 - 1,000 gal No. 1&2 diesel
fuel-clear: Stern Oil $2.39515, Brunick’s Service $2.41
12-19
Alderman Collier-Wise moved approval of the low quote of Brunick’s
Service on Item 1 and Stern Oil on Items 2 & 3. Alderman Price seconded
the motion. Motion carried 8 to 0. Mayor Powell declared the motion
adopted.
10. City Manager's Report
A. John reported that the next City Council meeting is on Monday,
January 21st. John noted that some government offices are closed that
day for the Martin Luther King, Jr holiday but the City Council will be
meeting at 7:00 p.m. on Monday, January 21st.
B. John reported that the Planning Commission meets on Monday, January
14th at 5:30 p.m. John noted that the one item on the agenda is the
rezoning of a lot at the southeast corner of N. Crawford Road and E.
Cherry Street from General Business to R-2 zoning.
C. John reported that the Christmas tree collection site is open and
accepts real trees until January 11, 2019. John stated that the site is
located on the south side of Broadway Street just west of Dakota Street
16
and asked citizens to remove any plastic that you might wrap the tree
in for transporting it as well as lights and decorations.
D. John reported that ICAP will be having a public meeting on Monday,
January 28th at 7:00 p.m. in the City Council chambers to report on the
results of the Feasibility Study for a Community Center.
E. John reported that the City has received the draft copy of the small
cell telecommunications ordinance that the Municipal League has been
working with the telecommunications industry to draft. John stated that
it is anticipated the ordinance will be considered before the City
Council during the first quarter of this year.
11. Invoices Payable
13-19
Alderman Collier-Wise moved approval of the following invoices:
3D Specialties Inc supplies 2,697.14
A-1 Portable Toilets portable toilet rental 90.00
A-Ox Welding Supply Co chemicals 1,884.00
Allegiant Emergency Service repairs 204.50
America's Test Kitchen book 31.90
American Legal Publishing code of ordinance update 392.15
Appeara shop towels 45.00
Aramark Uniform Services uniform cleaning 370.80
Argus Leader Media #1085 subscription 32.00
AWWA membership dues 208.00
Banner Associates, Inc professional services 13,211.60
Basin Electric Power Coop. testing 121.87
Beth Samenus mileage reimbursement 192.53
Big State Industrial Supply supplies 464.40
Blackburn Manufacturing Co supplies 287.55
Blackstone Publishing books 200.00
Blue360 Media books 78.75
Border States Elec Supply supplies 289.54
Bound Tree Medical, LLC supplies 996.49
Brandon Steeneck safety boots reimbursement 100.00
Brunick's Service Inc propane 18.00
Bureau Of Human Resources registration 240.00
Butch's Propane Inc propane 2,501.20
Butler Machinery Co. repairs/parts 3,804.33
BX Civil & Construction Jefferson street improvements 37,134.23
Caitlyn Christy refund parking tckt overpmt 30.00
17
Campbell Supply supplies 3,177.42
Cannon Technologies, Inc software support 7,428.00
Cask & Cork merchandise 711.00
Center Point Large Print books 25.17
Century Business Products copier contract/copies 186.28
Centurylink 911 relay service 5.00
Centurylink telephone 703.43
Chad Christopherson safety glasses reimbursement 150.00
City Of Vermillion postage/copies 1,144.02
City Of Vermillion utility bills 36,279.32
Cleveland Golf merchandise 50.38
Colonial Life Acc Ins. insurance 2,860.47
Core & Main LP parts 723.21
Credit Collections Bureau commission 253.71
Crouch Recreation bench 1,410.00
Dakota Beverage merchandise 7,286.92
Dakota Pc Warehouse monitor/supplies 774.92
Dakota Pump & Control Co. parts 2,117.05
Dakota Riggers & Tool Supply repairs 82.76
Danko Emergency Equipment parts 410.57
David Vaughn refund parking tckt overpmt 5.00
Delta Dental Plan insurance 6,200.38
Demco parts 1,964.27
Dennis Chandler merchandise reimbursement 256.50
Dennis Martens maintenance 833.34
Diamond Vogel Paints sprayer 2,500.00
Duane Sitter refund ambulance overpayment 428.68
Dubois Chemicals soda ash 20,328.00
Echo Electric Supply supplies 1,696.85
Ed M. Feld Eqpt Co fire equipment/repairs 9,945.00
Engraver's Edge nametag 12.60
Erickson Solutions Group professional services 549.00
Fair Manufacturing, Inc parts 265.00
Fastenal Company supplies 83.35
Findaway World LLC books 683.45
Foreman Media council mtg 100.00
Fred Haar Co., Inc equipment rental 1,068.00
Fuchs Traffic Technology registration 600.00
G & D Viking Glass repairs 403.06
Gale books 141.73
Global Dist. merchandise 202.31
Global Equipment Company supplies 1,372.76
Graham Tire Co. tires 3,560.32
18
Graybar Electric supplies 118.96
Graymont Capital Inc chemicals 4,040.28
Gregg Peters freight/advertising 2,895.20
Gregg Peters rent 937.50
Grey House Publishing books 175.50
Heiman, Inc. supplies 687.20
Herren-Schempp Building supplies 52.32
Hy Vee Food Store supplies 1,255.97
In Control, Inc professional services 1,846.35
Independence Waste waste hauling 1,048.29
Ingram books 1,966.08
International Public Mgmt testing materials 239.50
Istate Truck Center parts 107.34
Jamie Hall meals/mileage reimbursement 58.27
Jerry's Chevrolet Buick Gm repairs 244.95
Jim Goblirsch meals reimbursement 30.00
John A Conkling Dist. merchandise 3,489.45
Johnsen Heating & Cooling repairs 484.18
Johnson Brothers Of SD merchandise 16,121.37
Jon Cole gym membership reimbursement 225.00
Jones Food Center merchandise /supplies 542.65
Joseph A Ostrem gym membership reimbursement 225.00
Laynes World award plaques 258.33
Lessman Elec. Supply Co supplies 2,560.55
Library Ideas books 586.55
Locators And Supplies, Inc supplies 1,257.50
Marshal Knedler electric piano library 400.00
Mart Auto Body towing 525.00
Matheson Tri-Gas, Inc medical oxygen 724.23
Matthew Betzen boots reimbursement 143.73
McCulloch Law Office professional services 1,796.61
MD Enterprises LLC uniform shirts 168.00
Mead Lumber supplies 50.80
Medical Waste Transport, Inc haul medical waste 127.41
MH Equipment Company parts 110.91
Michael Heine safety boots reimbursement 100.00
Michael Todd & Co. parts 932.59
Micro Marketing LLC books 40.00
Midwest Alarm Co alarm monitoring 562.50
Mills & Miller, Inc deicing salt 3,466.45
Missouri Valley Maintenance repairs 3,361.50
Mister Smith's merchandise/supplies 112.50
Mobotrex Mobility & Traffic repairs 474.00
19
Moore Welding & Mfg repairs 438.00
NBS Calibrations service & calibration 318.00
NCL Of Wisconsin, Inc supplies 375.00
Nebraska Journal-Leader advertising 164.39
Netsys+ repairs/professional services 1,445.75
Newman Signs, Inc supplies 1,374.20
Northland Chemical Corp supplies 116.60
Nutrien Ag Solutions substation seeding 184.84
O'Reilly Auto Parts parts 12.34
Overhead Door Of Sioux City repairs 595.25
Paul's Plumbing repairs 118.05
PCC, Inc commission 5,154.16
Penworthy Company books 109.76
Pete Jahn safety boots reimbursement 100.00
Petrochoice supplies 226.76
Pitney Bowes postage meter lease 289.71
PKG Contracting, Inc wwtf digester improvements 123,050.31
Plain Talk Publishers subscription 26.00
Pollman Excavation crushed concrete 4,841.41
Pomps Tire Service, Inc. tires 21,462.76
Powerphone, Inc annual subscription 1,976.00
Prairie Berry Winery merchandise 474.00
Pressing Matters supplies 357.00
Presto-X-Company inspection/treatment 59.00
Prochem Dynamics supplies 365.17
Property Maintenance Service snow removal 1,062.50
Quill supplies 383.64
Racom Corporation maintenance 465.96
Republic National Dist. merchandise 19,088.23
Ryan Baedke meals reimbursement 30.00
Ryun Fischbach safety boot reimbursement 100.00
Sanford Clinic Vermillion testing 110.00
Sanford Health Plan participation fee 63.00
Sanitation Products Inc sander/repairs 21,512.92
Schaeffer Mfg. Co supplies 2,222.45
School Outfitters activity tables 545.97
SD Airport Management Assoc. membership dues 25.00
SD Board Of Operator Cert certification renewals 150.00
SD Dept Of Health testing 150.00
SD Firefighters Association membership dues 1,050.00
SDGFOA membership dues 70.00
SD Retirement System contributions 72,838.81
SDWWA membership dues 140.00
20
Se Firefighters Assoc. membership dues 50.00
Service Master Of Se SD custodial 4,315.32
Sioux Equipment parts 4,458.75
Sioux Falls Crane & Hoist repairs 4,664.31
Siouxland Concrete Co pea rock 183.89
Skarshaug Testing Lab. testing 1,330.04
Sooland Bobcat filters 330.76
Southern Glazer's Of SD merchandise 2,151.93
Stanger Litho Graphics supplies 559.00
State Flag Account flags 172.70
Storey Kenworthy/Matt Parrot yearend tax forms 287.07
Stuart C. Irby Co. parts 105.00
Sturdevants Auto Parts parts 1,404.11
Syncb/Amazon books/dvds/supplies 1,990.95
Testamerica Laboratories testing 3,160.50
The Equalizer advertising 155.00
The Library Store, Inc supplies 90.88
The Ups Store #6751 shipping 214.68
Time Inc. Books books 44.84
Tractor Supply Credit Plan supplies 56.95
Twin City Hardware door locks/keys 3,300.67
Tyler Technologies software update 5,000.00
United Laboratories supplies 1,775.45
United Way contributions 540.50
Unum Life Insurance Company insurance 1,467.35
Us Postmaster postage due 50.00
Utility Equipment Co. meters 2,210.00
Vast Broadband dialup service/911 circuit 1,415.45
Verizon Wireless wireless communication 2,161.28
Verizon Wireless-VSAT professional services 50.00
Vermillion Ace Hardware parts 1,182.28
Vermillion Public Library refund library fines 71.03
Vermillion Youth Wrestling online registration 1,109.04
Visa/First Bank & Trust fuel/lodging/supplies 7,261.84
Wal-Mart Community supplies 1,620.32
Walker Construction cotton park bathroom/hauling 12,210.30
Welfl Construction pool final 30,000.00
Wesco Distribution, Inc supplies 586.75
WSP Us professional services 6,114.73
Yankton Medical Clinic testing 80.00
Yeager Diesel repairs 1,002.90
Zee Medical Service supplies 467.69
Ziegler Inc parts 457.35
21
Concordia Lutheran Church Bright Energy Rebate 494.64
Masaba Inc Bright Energy Rebate 1,883.52
Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
12. Consensus Agenda
A. Set a public hearing date of January 21, 2019 for a special daily
wine license for the Vermillion Cultural Association on or about
February 16, 2019 at 4 West Main Street (Vermillion Theater) for a
special event
14-19
Alderman Price moved approval of the consensus agenda. Alderman
Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
13. Adjourn
15-19
Alderman Ward moved to adjourn the Council Meeting at 8:21 p.m.
Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell
declared the motion adopted.
Dated at Vermillion, South Dakota this 7th day of January, 2019.
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 ___________.
22
PROCLAMATION
AMERICAN LEGION
WALLACE POST #1 DAY
WHEREAS, the American Legion began in March 1919 in Paris, France in the aftermath of World War
I; and
WHEREAS, the American Legion was federally chartered on September 16, 1919 and is an influential
force at all levels of government that is dedicated to service to veterans, strong national defense, youth,
and patriotism; and
WHEREAS, Wallace Post #1 of Vermillion was organized on April 20, 1919 as the first American Legion
Post in South Dakota; and
WHEREAS, Wallace Post #1 has a long history of supporting veterans and patriotism in our community;
and
WHEREAS, in celebration of this 100 year anniversary, among the several special events to take place
throughout the year are Post #1 Movie Night, an educational display at the Vermillion Public Library, a
Military Ball, continued sponsorship of Boys State, and Post #1 Baseball this summer.
NOW, THEREFORE, we, the governing body of the City of Vermillion, South Dakota, do hereby
proclaim 2019 as
WALLACE POST #1 YEAR
and encourage all citizens of Vermillion to continue to support Wallace Post #1 and thank them for their
leadership efforts in our community.
Dated at Vermillion, South Dakota this 21st day of January, 2019.
FOR THE GOVERNING BODY OF THE
CITY OF VERMILLION, SOUTH DAKOTA
By___________________________________
John E. (Jack) Powell, Mayor
ATTEST:
By________________________________
Michael D. Carlson, Finance Officer
PROCLAMATION
MARTIN LUTHER KING, JR. DAY OF SERVICE
WHEREAS, Dr. Martin Luther King, Jr. devoted his life to the advancement of civil rights and public
service. He believed in a nation of freedom and justice for all, and challenged all citizens to help build a
more perfect union and live up to the purpose and potential of America; and
WHEREAS, Dr. King recognized that everyone can be great because everyone can serve, and during his
lifetime encouraged all Americans to serve their neighbors and their communities; and
WHEREAS, in 1994, Congress initiated the King Day of Service, a nationwide effort to transform the
federal holiday honoring Dr. Martin Luther King, Jr. into a day of community service, grounded in Dr.
King's teachings, that helps solve social problems while focusing on bringing people together and breaking
down the barriers that have divided us as a nation; and
WHEREAS, hundreds of thousands of volunteers in cities and towns across the nation participate in King
Day service projects, in all 50 states, the District of Columbia, Guam, and Puerto Rico; and
WHEREAS, the King Day of Service, which falls on January 21st this year, is a time for the people of
Vermillion to recognize Dr. King's teachings on advancing equality and opportunity for all by contributing
their own time and talents in a day of service; and
NOW, THEREFORE, we, the governing body of the City of Vermillion, South Dakota, do hereby
proclaim January 21st, 2019, as
Martin Luther King, Jr. Day of Service
and encourage our citizens to honor the memory of Dr. King, to put his teachings into action by
participating in the King Day of Service.
Dated at Vermillion, South Dakota this 21st day of January, 2019.
FOR THE GOVERNING BODY OF THE
CITY OF VERMILLION, SOUTH DAKOTA
By___________________________________
John E. (Jack) Powell, Mayor
ATTEST:
By________________________________
Michael D. Carlson, Finance Officer
6. Public Hearings; item a
Council Agenda Memo
From: Mike Carlson, Finance Officer
Meeting: January 21, 2019
Subject: Special daily wine license for the Vermillion Cultural Association on or
about February 16, 2019 at 4 West Main Street (Vermillion Theater) for a
special event
Presenter: Mike Carlson
Background: The Vermillion Downtown Cultural Association has submitted an
application for a special daily wine license at 4 West Main Street, the Vermillion Theater,
for a special event on or about February 16, 2019.
City ordinance on special daily licenses reads as follows:
112.18 SPECIAL ALCOHOLIC BEVERAGE LICENSES ISSUED IN CONJUNCTION WITH SPECIAL EVENTS.
(A) The City Council may grant, after public hearing, a special on-sale malt beverage and/or a special on-sale wine
license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event.
(B) The City Council may grant, after public hearing, a special off-sale package wine dealers license to a civic,
charitable, educational, veterans, or fraternal organization in conjunction with a special event. A special off-sale
package wine dealer’s licensee may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL
Ch. 35-12.
(C) Any license issued pursuant to this section shall be issued to the person and the location specified on the application.
Any license issued pursuant to this section may be issued for a period of time established by the municipality.
However, no period of time may exceed 15 consecutive days. The granting of the special license shall be subject to
such conditions and restrictions as the City Council may deem appropriate and consistent with state law.
(D) The fee for such special licenses shall be set by resolution of the City Council.
State Statute for the special daily licenses is as follows:
35-4-124. Special alcoholic beverage licenses issued in conjunction with special events. Any municipality or county may
issue:
(1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-
2(4), (6), or (16) in addition to any other licenses held by the special events license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-
2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by the special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable,
educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4) or (6) in
addition to any other licenses held by the special events license applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to
any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision
35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to any other licenses held by the special events license
applicant. A special off-sale package wine dealer’s licensee may only sell wine manufactured by a farm winery that is
licensed pursuant to chapter 35-12.
6. Public Hearings; item a
Any license issued pursuant to this section may be issued for a period of time established by the municipality or
county. However, no period of time may exceed fifteen consecutive days. No public hearing is required for the
issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage
license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal
on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body
shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of
licenses that may be issued to any person within any calendar year.
Discussion: The notice of public hearing and Police Chief’s report are attached. The
Police Chief’s report notes that he has spoken with Jessie Hanson who reported that they
would have TAM Certified individuals checking ID’s and will utilize wristbands to
identify people over 21. Previous special events have been conducted by this organization
without any incidents.
Financial Consideration: The City has received the $20 per day and $15 advertising fee
from the applicant.
Conclusion/Recommendations: Following the input from the public hearing, the City
Council is asked to make a decision on the approval or denial of the special daily wine
license for Vermillion Cultural Association for a special event at the Vermillion Theater
at 4 West Main Street on or about February 16, 2019.
City of Vermillion
Police Department
15 Washington Street
Vermillion, SD 57069
Phone: (605)677-7070
FAX: (605)677-7166
www.vermillionpd.org
Date: 01/04/19
To: Vermillion City Council
From: Matthew Betzen
Chief of Police
Subject: Vermillion Downtown Cultural Assoc.-Vermillion Theater: Special Daily License (on-sale) malt
beverage and wine license.
I have reviewed the application for the “Special Daily License (On-Sale) Wine License” submitted by the
Vermillion Downtown Cultural Association for February 16, 2019. A local records check of the board
members did not show any disqualifying convictions.
The Vermillion Downtown Cultural Association has had several unique events and has a consistently
good track record for controlling the sale of alcohol at these events.
I spoke with the event coordinator Jessie Hanson. She stated she is a TAM Certified Person(s) and will
be checking identification and selling the alcohol. Additionally, a wrist band system will be used to
identify people over 21.
-1- Home of the University of South Dakota
6. Public Hearing; item b
Council Agenda Memo
From: James Purdy, Assistant City Manager
Meeting: January 21, 2019
Subject: First Reading of Ordinance 1397 to rezone lot 11, Block 1, LaCroix
Addition to the City of Vermillion, Clay County, South Dakota, from
GB - General Business District to R-2 Residential District
Presenter: James Purdy
Background: In July 2008, the City adopted a Zoning Ordinance that created new
zoning districts throughout the City and changed the allowed uses in those zones.
The current Zoning Ordinance changed the allowable uses for General Business
zones and made residential units a non-conforming use.
In December 2018, Mr. Archimedes Plutonium, submitted an application to rezone
609 N Crawford Road, from GB General Business to R-2 Residential. As required
by §155.101 of the Zoning Ordinance, Staff created the Petitions for Rezone which
included all neighboring properties within 250’ of 609 N Crawford Road. The
Zoning Ordinance requires that 45% of the aggregate area surrounding a property
sign off before a proposed rezone can be considered by the Planning Commission
and City Council. The applicant circulated the petitions and acquired the necessary
amount of signatures. On January 14, 2019, the Planning Commission voted
unanimously to approve the rezone request.
Discussion: If rezoned to R-2 Residential, the lot would be adjacent to other lots
zoned R-2 to the south, South Dakota Highway 50 ROW to the north, and two
general business lots to the west, one of which is currently occupied by the
Cornerstone Assembly of God church, and another lot which is undeveloped. The
applicant states that the property has been for sale for four years, and any inquiries
regarding purchasing the property have been for residential use.
The 2035 Comprehensive Plan is primarily geared towards planning for future
development of the community, and does contain different elements for
consideration. The petition for rezone before the City Council does have a strong
connection to different goals set out in the 2035 Comprehensive Plan. One of those
6. Public Hearing; item b
goals is to “Create and maintain neighborhoods that are safe, healthy, livable, and
compatible with adjacent land uses” (p.13). Approval of this rezone would not be a
detriment to this goal, and there are adjacent properties of the same use. However,
the Comprehensive Plan also notes that it is the preference of the City to have
business development take place along South Dakota Highway 50 (pp. 14-15), as it
is a highly visible area with convenient access to roadways.
The Planning Commission discussed the merits of this lot as a location for a business,
and found that the uniqueness of the lot makes it more suitable for residential
purposes. The lot may eventually be surrounded by roadways on three sides, so an
access point for a business could prove challenging to create.
Financial Considerations: The applicant has paid the fee for a rezoning request.
The only cost is publication of the ordinance.
Conclusion/Recommendations: Administration recommends approval of the First
Reading of Ordinance 1397, which would rezone this lot from GB - General
Business to R-2 Residential, and uphold the decision of the Planning Commission.
PROPOSED ORDINANCE 1397
AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV
LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.026 ENTITLED
ADOPTION OF OFFICIAL ZONING MAP, REZONING LOT 11, BLOCK 1, LACROIX
ADDITION TO THE CITY OF VERMILLION, CITY OF VERMILLION, CLAY COUNTY,
SOUTH DAKOTA FROM THE GB GENERAL BUSINESS DISTRICT TO THE R-2
RESIDENTIAL DISTRICT.
BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the Code of
Ordinances Section 155.026, Adoption of Official Zoning Map, be amended as follows:
That Lot 11, Block 1, LaCroix Addition to the City of Vermillion, City of Vermillion, Clay County,
South Dakota be hereby excluded from the GB General Business District and included in the R-2
Residential District (also known as 609 N. Crawford Road).
Dated at Vermillion, South Dakota this 4th day of February, 2019.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
By____________________________________
John E. (Jack) Powell, Mayor
ATTEST:
By_________________________________
Michael D. Carlson, Finance Officer
First Reading: January 21, 2019
Second Reading: February 4, 2019
Publication: February 15, 2019
Effective Date: March 7, 2019
8. New Business; item a
Council Agenda Memo
From: James Purdy, Assistant City Manager
Meeting: January 21, 2019
Subject: Update on possible changes to City Code Language for Transportation
Network Company Drivers
Presenter: James Purdy
Background: Approximately three weeks ago John Prescott, City Manager, and I
had a conference call with several representatives from Lyft after they had expressed
concern about the background check language in our new ordinance. In particular,
they are concerned about the fingerprint background check requirement for TNC
drivers. We asked them to provide us with some additional information about their
background check process, and we discussed possible language changes in the
ordinance for the City to consider.
Discussion: After reviewing the information provided by Lyft, Administration
believes that a minor adjustment to some language in our ordinance would reconcile
Lyft’s request to remove the fingerprint background check requirement for its
drivers, and the City’s desire to assure the safety of the community. Specifically, we
propose that we remove the provision in section 114.08 of the TNC ordinance
requiring TNC drivers to submit to a DCI fingerprint background check every third
year, and add language to section 114.10, which would require TNCs to conduct a
“City approved” local and national criminal background check “capable of ensuring
compliance with SDCL 32-40-4”. SDCL 32-40-4 outlines persons that are
prohibited from acting as TNC drivers, and mirrors the requirements for drivers we
have laid out in 114.08. This adjustment would allow companies like Lyft who have
a thorough screening process to fully assume the responsibility and liability of
screening drivers, and require future TNCs to have their background check process
reviewed by City Staff prior to having TNC licenses issued to their drivers. We also
propose adding an additional provision to 114.10, which would require a TNC to
“provide a copy of its active South Dakota sales tax license to the City”, which Lyft
has done, in order to help ensure that the company has legitimate standing in South
Dakota.
Financial Considerations: None
8. New Business; item a
Conclusion/Recommendations: Administration is not requesting any action at this
meeting. Feedback on bringing forward an ordinance to make the changes discussed
would be helpful.
§ 114.08 APPLICATION FOR VEHICLE-FOR-HIRE DRIVER'S LICENSE;
QUALIFICATIONS OF APPLICANT; APPEAL FROM DECISION.
(A) Each applicant, with the exception of TNC drivers pursuant to 114.l0(F), must submit to, pay
for, and provide an initial and annual FBI and DCI fingerprint background check to determine the
applicant's suitability. TNC drivers must submit to a DCI fingerprint background check every third
consecutive year of TNC driver's permit renewal. Each new applicant shall make their own arrangements
with a law enforcement agency to submit to the fingerprinting process when required. The applicant may
be issued a conditional license pending the results of the background check.
(B) The City Manager or designee shall have discretion to approve or disapprove the application
depending on whether the City Manager or designee deems the applicant a suitable person to hold the
license. The City Manager or designee may issue the license if the City Manager or designee is satisfied
that the applicant has demonstrated:
(1) Is at least 19 years of age;
(2) Has never been diagnosed with epilepsy, heart problems, sleep apnea, vertigo or any other
infirmity that could affect their ability to safely operate a motor vehicle;
(3) Has not been convicted of a felony, as defined by state law, within seven years prior to the
date of the application;
(4) Has not been convicted of three or more moving traffic violations within the past three
years;
(5) Has not been convicted of driving a motor vehicle while under the influence of an alcoholic
beverage within seven years, nor has had more than one prior offense of driving a motor vehicle while
under the influence of an alcoholic beverage in the past ten years prior to the date of the application;
(6) Has not been convicted of using, the possession of, or possession with intent to distribute
any controlled drug or substance within seven years prior to the date of application;
(7) Is not listed on the National Sex Offender Registry database.
(8) Possesses a valid driver's license
(9) Possesses proof of valid vehicle registration and automobile liability for motor vehicles to
provide vehicle-for-hire service.
(C) The applicant may appeal the decision of the City Manager to the Governing Body.
(D) The applicant and/or driver is required to notify the City Manager immediately if there are any
changes regarding their ability to meet any of the conditions listed above. Failure to do so may result
license revocation and/or non-renewal.
§ 114.10 REGULATIONS FOR TRANSPORTATION NETWORK COMPANIES.
(A) A TNC driver shall not solicit or accept street hails.
(B) The TNC must provide all transaction options within their digital networks, and cannot receive
cash for their services.
(C) The TNC digital network must provide to the customer a photo identification of the driver, a
description of the TNC personal vehicle, and TNC personal vehicle's license plate number.
(D) The TNC must maintain records regarding trips of passengers for at least one year from the date
the trip was provided. TNC driver must provide individual customer's records at least until the
one-year anniversary of the date on which a TNC driver's customer relationship with the TNC
has ended. The City may in its sole discretion inspect these records whenever crime or
regulatory violation is alleged involving the TNC or the TNC driver. These records are to be
maintained confidential to the extent possible.
(E) The TNC must comply with the indemnity and public liability insurance requirements as
established in Section 114.04(B)(3).
(F) The TNC shall have a third party conduct a local and national criminal background check for each
applicant prior to allowing an individual to accept trip requests that shall include:
(1) Multi-state/multi-jurisdiction criminal records locator or other similar commercial
nationwide database with validation (primary source search)
(2) A driver history research report
(G) The TNC shall have a zero tolerance policy for drug and alcohol use by transportation network
company drivers as required by SDCL 32-40-5. The TNC shall establish and enforce a zero tolerance policy
for drug and alcohol use by TNC drivers during any period when a TNC driver is engaged in, or is logged
into the TNC's digital network but is not engaged in, a prearranged ride. The policy shall include provisions
for:
(1) Investigations of alleged policy violations; and
(2) Suspensions of TNC drivers under investigation
8 New Business; item b
Council Agenda Memo
From: John Prescott, City Manager
Meeting: January 21, 2019
Subject: Request for funding to support National Music Museum expansion and
renovation
Presenter: Mayor Jack Powell
Background: The National Music Museum has been working to expand the NMM for
the last fifteen to twenty years. Several iterations of designs have been proposed during
this time. Last year the NMM Board announced a plan to expand the facility through the
addition of approximately 16,000 square feet to the west of the current building and
considerable renovation of the current facility. The new multi-level space will include
more exhibit spaces, a gallery for temporary exhibits, new performance hall, dedicated
classroom space, conservation lab, new photograph lab, and new offices. The existing
space will be reconfigured as part of the expansion project. The National Music Museum
closed to the public in October 2018 to begin preparation for the addition and
reconfiguration project. The expansion and reconfiguration project is slated to be
completed in 2021.
Discussion: Most of the approximately $10,565,000 to fund the expansion and
renovation project has been raised. A $1.3 million shortfall has been identified. The City
has been asked to consider assisting the National Music Museum with a portion of the
financing shortfall. It has been communicated that a contribution from the City could be
made over several years.
Financial Consideration: Staff would recommend that any City contribution come from
the 2nd Penny fund and/or the Bed, Board and Booze fund. The 2nd Penny fund has been
utilized for capital investments such as a building. The City’s contribution to the
Wellness Center of $340,000 was paid from the 2nd Penny fund. The BBB is also a
possible source of funding, as the National Music Museum is one of the largest tourist
destinations in the community.
Conclusion/Recommendations: Administration recommends the City Council review
the information and discuss the request for funding. While staff will have information on
8 New Business; item b
the respective funds and possible sources, direction on which fund(s) to make a
contribution, if any, is needed.
CITY OF VERMILLION
2018 INVOICES PAYABLE-JANUARY 21, 2019
1 AQUA-PURE INC CHEMICALS 5,296.00
2 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 74.16
3 AT&T MOBILITY MOBILE HOT SPOTS 424.93
4 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 14,840.50
5 BLACKSTONE PUBLISHING BOOKS 150.00
6 BLUE INC WINE LICENSE REFUND 500.00
7 BOUND TREE MEDICAL, LLC SUPPLIES 704.08
8 BROADCASTER PRESS ADVERTISING 1,689.82
9 BRUNICK'S SERVICE INC FUEL 5,494.50
10 BUHL'S CLEANERS MAT/MOP SVC 573.22
11 BUREAU OF ADMINISTRATION TELEPHONE 152.43
12 BUTLER MACHINERY CO. PARTS 1,154.72
13 CAMPBELL SUPPLY SUPPLIES 22.06
14 CLAY RURAL WATER SYSTEM WATER USAGE 38.30
15 CLAY-UNION ELECTRIC CORP ELECTRICITY 2,005.70
16 COLONIAL LIFE ACC INS. INSURANCE 1,430.17
17 COYOTE VENDING CALENDARS 195.00
18 D-P TOOLS HEX BIT SETS 137.60
19 DAKOTA PC WAREHOUSE IPADS/CASES/INK CARTRIDGES 1,641.92
20 DEMCO SOFA/LOVESEAT 1,211.12
21 DENNIS CHANDLER MERCHANDISE REIMBURSEMENT 123.05
22 DUBOIS CHEMICALS SODA ASH 6,776.00
23 ECHO ELECTRIC SUPPLY SUPPLIES 11.38
24 EMERGENCY APPARATUS MAINTENANCE REPAIRS 1,221.08
25 ENERGY LABORATORIES CHEMICALS 1,150.00
26 FRED HAAR CO., INC RENTAL 1,488.00
27 GERSTNER OIL CO JET FUEL 7,418.40
28 GLOBAL EQUIPMENT COMPANY SUPPLIES 177.85
29 GRAHAM TIRE TIRES 590.93
30 GREGG PETERS MANAGERS PROFIT 32,087.10
31 HERREN-SCHEMPP BUILDING SUPPLIES 41.94
32 HOA SOLUTIONS, INC REPAIRS 576.75
33 INGRAM BOOKS 262.49
34 INTEGRATED TECHNOLOGY & SECURITY DOOR LOCK SYSTEM 26,248.00
35 JACKS UNIFORM & EQPT UNIFORM 115.90
36 JONATHAN WARNER BOOT REIMBURSEMENT 217.27
37 KWIKBOOST CHARGING STATIONS-LIBRARY 1,283.00
38 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,180.00
39 MALLOY ELECTRIC PARTS 166.28
40 MATHESON TRI-GAS, INC SUPPLIES 681.81
41 MCLEODS PRINTING MINUTES BOOK 479.32
42 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 217.51
43 MICRO MARKETING LLC SUPPLIES 24.99
44 MIDAMERICAN GAS USAGE 10,982.26
45 MIDWEST READY MIX & EQUIPMENT FLOWABLE FILL 352.00
46 MOORE WELDING & MFG REPAIRS 23.75
47 NEBRASKA JOURNAL-LEADER ADVERTISING 67.20
48 NETSYS+ REPAIRS 114.00
49 NEWMAN SIGNS, INC SUPPLIES 86.75
50 O'REILLY AUTO PARTS PARTS 3.99
51 OFFICE SYSTEMS CO COPIER CONTRACT/COPIES 578.24
52 PCC, INC COMMISSION 3,447.55
53 QUILL SUPPLIES 114.27
54 SANITATION PRODUCTS INC PARTS 1,647.70
55 SD BOARD OF OPERATOR CERTIFICATION CERTIFICATION RENEWAL 6.00
56 SD DENR LANDFILL OPERATIONS FEE 2,781.74
57 SOOLAND BOBCAT PARTS 199.33
58 STAPLES BUSINESS CREDIT SUPPLIES 743.91
59 STATE HYGIENIC LABORATORY TESTING 1,086.00
60 STERN OIL CO. FUEL/OIL 7,739.66
61 STURDEVANTS AUTO PARTS PARTS 273.63
62 SYNCB/AMAZON BOOKS 209.00
63 THE EQUALIZER ADVERTISING 248.00
64 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 26.91
65 TRUCK-TRAILER SALES REPAIRS 235.60
66 TWIN CITY HARDWARE PARTS 6,445.91
67 TWO WAY SOLUTIONS RADIO EQUIPMENT 276.92
68 UNITED PARCEL SERVICE SHIPPING 228.90
69 VERMILLION AREA COMMUNITY FOUNDATION ROUND-UP PROGRAM 276.73
70 VERMILLION ROTARY CLUB DUES/MEALS 127.75
71 VESSCO, INC PARTS 722.91
72 WINTER EQUIPMENT COMPANY PARTS 665.01
73 YANKTON MEDICAL CLINIC TESTING 80.00
74 ZIEGLER INC PARTS 516.76
2018 TOTAL $160,583.66
2019 INVOICES PAYABLE-JANUARY 21, 2019
1 CENTURYLINK TELEPHONE 1,584.87
2 CHAD CHRISTOPHERSON SAFETY BOOTS REIMBURSEMENT 100.00
3 DAKOTA BEVERAGE MERCHANDISE 2,472.97
4 DEPT. ENVIRONMENT NATL RES WASTEWATER DISCHARGE PERMIT 10,500.00
5 ESO SOLUTIONS, INC SOFTWARE/MAINTENANCE 8,275.00
6 GLOBAL DIST. MERCHANDISE 75.00
7 GREGG PETERS MANAGERS FEE/ADVERTISING 6,500.00
8 JOHN A CONKLING DIST. MERCHANDISE 2,212.50
9 JOHNSON BROTHERS OF SD MERCHANDISE 12,257.56
10 JOINT UTILITY TRAINING SCHOOL REGISTRATION 600.00
11 JONES FOOD CENTER SUPPLIES 612.73
12 MIDCONTINENT COMMUNICATION CABLE/INTERNET SERVICE 746.57
13 MIDWEST ALARM CO ALARM MONITORING 81.00
14 MINN MUNICIPAL UTILITY ASSOCIATION MEMBER DUES/POWERLINE 991.00
15 PRAIRIE BERRY WINERY MERCHANDISE 519.00
16 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 7,063.60
17 RESERVE ACCOUNT POSTAGE FOR METER 900.00
18 SD ASSOC. OF CODE ENFORCEMENT MEMBERSHIP DUES 40.00
19 SD BUILDING OFFICIALS ASSOCIATION MEMBERSHIP DUES 50.00
20 SD PUBLIC ASSURANCE ALLIANCE BOILER INSURANCE 3,350.85
21 SIOUX CITY FOUNDRY CO SUPPLIES 2,250.00
22 SOUTHERN GLAZER'S OF SD MERCHANDISE 2,230.10
23 STUART C. IRBY CO. LED FIXTURES 88,368.75
24 THE GROWLER STATION, INC LICENSING/MAINTENANCE FEE 749.97
25 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,000.00
26 VERMILLION ACE HARDWARE SUPPLIES 83.35
27 YANKTON MOTORSPORTS LLC KAWASAKI MULES 29,998.00
2019 TOTAL $183,612.82
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