City Council Agendas, Packets and Minutes

Unapproved Minutes City Council Regular Session June 21, 2021 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, June 21, 2021 at 7:00 p.m. by Mayor Collier-Wise. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Willson, Mayor Collier-Wise Absent: Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of June 7, 2021 Special Meeting; June 7, 2021, Regular Session; June 15, 2021 Special Council Meeting; June 15, 2021 Joint City-County Meeting 200-21 Council Member Price moved approval of the minutes of June 7, 2021 Special Council Meeting, June 7, 2021, Regular Session; June 15, 2021 Special Council Meeting; June 15, 2021 Joint City-County Meeting. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier-wise declared the motion adopted. 4. Adoption of Agenda 201-21 Council Member Willson moved approval of the agenda. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 5. Visitors to be Heard – None 6. Public Hearings A. A retail on-off sale malt beverage with SD Farm Wine license for JMP,LLC for Speede Mart at 802 E Cherry for the period July 1, 2021 to June 30, 2022 1 Katie Redden, Finance Officer, reported that an application was received for a retail on-off sale malt beverage and SD Farm Wine license from JMP, LLC for Speede Mart at 802 East Cherry. The notice of hearing is included in the packet. The on-off sale malt beverage and SD Farm Wine license is for the licensing period of July 1, 2021 until June 30, 2022. Katie stated that the corporate officer of JMP, LLC, Jimiben Patel, has submitted the information for the DCI and FBI background check. The Police Chief has received neither the FBI nor the DCI background check. Katie stated that, as neither background check has been received, staff recommends a motion to continue the hearing to the next Council meeting on July 6, 2021 for the retail on-off sale malt beverage and SD Farm Wine license for JMP, LLC for Speede Mart at 802 East Cherry Street for the licensing for July 1, 2021 until June 30, 2022. 202-21 Council Member Price moved to continue the hearing to the July 6, 2021 for the retail on-off sale malt beverage and SD Farm Wine license for JMP, LLC for Speede Mart at 802 East Cherry Street for the licensing for July 1, 2021 until June 30, 2022. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. B. A special daily malt beverage and wine license for the Clay County Agricultural Fair Association on or about August 12, 13 & 14, 2021 on the fairgrounds on High Street Katie Redden, Finance Officer, reported that the Clay County Agricultural Fair Association has submitted an application for a special daily malt beverage and wine license on August 12, 13, & 14, 2021 for a beer garden area in the west arena for the Thursday, Friday, and Saturday night events and also on Saturday night for a fenced portion of High Street with a band and dance. Katie stated that the notice of hearing and Police Chief’s report are included in the packet. Katie stated that the release and indemnification and the certificate of insurance naming the City as additional insured have been received. Katie stated that the Police Chief's report recommended the inclusions of the following conditions: 4-6 adult volunteers will supervise the event’s distribution and consumption of alcohol. The number will be determined by the amount of turn out for the Dance. 2 Signage will be posted at the entry gate to the controlled area and the alcohol dispensing point stating: a.Alcohol Consumption is only allowed inside the fenced area of the street. b. No one under 21 will be served or allowed to consume alcohol. c. No intoxicated person(s) will be served. d. No alcohol can leave the fenced area. e. No outside alcohol is allowed into the fenced area. Staff will check all persons wishing to purchase and provide a wrist band once their age has been verified. Persons who do not have a wrist band or who appear to be under 21 will not be allowed to purchase or consume alcohol. Katie recommended approval of the special daily license contingent upon complying with the Police Chief's conditions. 203-21 Council Member Hellwege moved approval of the special daily malt beverage and wine license for the Clay County Agricultural Fair Association on or about August 12, 13 & 14, 2021 on the fairgrounds on High Street. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. C. Special daily malt beverage and wine license for Ribs, Rods & Rock’n Roll, Inc. on or about September 10 & 11, 2021 on Main Street between Washington and Church Street, Ratingen Platz, Market Street from Main to Bloomingdale Street, Austin Street from Main to Kidder, Kidder Street from Austin to alley between Court and Market Streets, public parking lot at Market and Kidder, private parking lot at Market and Kidder, Prospect from Main Street to half block north, and to include any other streets closed for the events Katie Redden, Finance Officer, reported that an application has been received for a special daily malt beverage and wine license from Ribs, Rods & Rock’n Roll for their events on September 10 & 11, 2021 on Main Street between Washington and Church Street, Ratingen Platz, Market Street from Main to Bloomingdale Street, Austin Street from Main to Kidder, Kidder Street from Austin to alley between Court and Market Streets, public parking lot at Market and Kidder, private parking lot at Market and Kidder, Prospect from Main Street to half block north, and to include any other streets closed for the events. Katie stated that the request from Ribs, Rods, & Rock’n Roll, notice of hearing and Police Chief’s report are included in the packet. Katie noted that sales will remain in the same location as previous years on Main Street by Market Street. Katie stated that City ordinance allows the City 3 Council to set conditions and restrictions, as it may deem appropriate, in issuing a special license. Katie stated that these conditions were to require a Release and Indemnification releasing the City from liability for the event which is included with the street closing request, a Certificate of Insurance naming the City as an additional insured has been received, require clear signage at each egress from the area where alcohol is allowed, reimburse the City for overtime wages of the Police Department up to a maximum of $750, provide security personnel, require a cleanup plan and provide restroom facilities. Katie reviewed the conditions included in the Police Chief’s memo for reimbursement of overtime to locations allowed and signage. Katie recommended approval of the license contingent upon compliance with the Police Chief’s recommendations and any other the City Council may want to include. 204-21 Council Member Holland moved approval of the Special daily malt beverage and wine license for Ribs, Rods & Rock’n Roll, Inc. on or about September 10 & 11, 2021 on Main Street between Washington and Church Street, Ratingen Platz, Market Street from Main to Bloomingdale Street, Austin Street from Main to Kidder, Kidder Street from Austin to alley between Court and Market Streets, public parking lot at Market and Kidder, private parking lot at Market and Kidder, Prospect from Main Street to half block north, and to include any other streets closed for the events. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. D. A special permit to exceed permissible sound levels by no more that 50% for Ribs, Rods & Rock’n Roll, Inc on or about September 10 & 11, 2021 from 5:00 p.m. to midnight on Main Street between High and Prospect Streets Katie Redden, Finance Officer, reported that Ribs, Rods & Rock ‘n Roll has applied for a special permit to exceed allowable noise levels for several bands and a street dance on Friday, September 10th and Saturday September 11th beginning at 5:00 p.m. and lasting until midnight. The request, diagram and notice of hearing are attached. Katie noted that the application and diagram appear to be the same as 2019 and recommended approval of the request. 205-21 Council Member Willson moved approval of the special permit to exceed permissible sound levels by no more that 50% for Ribs, Rods & Rock’n Roll, Inc on or about September 10 & 11, 2021 from 5:00 p.m. to midnight on Main Street between High and Prospect Streets. Council 4 Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier- Wise declared the motion adopted. 7. Old Business A. Second Reading of Ordinance 1436 Granting a cable television franchise 206-21 Second reading of title to Ordinance No. 1436, entitled AN ORDINANCE Granting a Cable Television Franchise for the City of Vermillion, South Dakota. Mayor Collier-Wise read the title to the above named Ordinance, and Council Member Willson moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1436 entitled Granting a Cable Television Franchise was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 7th day of June, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 21st day of June, 2021 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1436 AN ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE IN THE CITY OF VERMILLION, SOUTH DAKOTA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE CITY OF VERMILLION, SOUTH DAKOTA CABLE TELEVISION FRANCHISE AGREEMENT WITH CLARITY TELECOM, LLC THIS FRANCHISE AGREEMENT made and entered into as of the 21st day of June, 2021 by and between the City of Vermillion, a municipal corporation duly organized under the laws of the State of South Dakota (hereinafter referred to as “Municipality”) and Clarity Telecom, LLC (hereinafter referred to as “Company”), a Delaware limited liability company with offices located in Sioux Falls, South Dakota. WITNESSETH 5 WHEREAS, Municipality is authorized to grant one or more non-exclusive franchises for the provision of cable service within Municipality by means of a cable system; and WHEREAS, Municipality has reviewed Company’s request and has considered the terms and conditions for a new franchise and the future cable- related community needs and interests of the Municipality; and WHEREAS, Municipality has determined that granting of this franchise will assist in meeting the cable-related needs and interests of the community, such as by providing a portion of the funding necessary for public, educational, and government channels; and WHEREAS, Municipality has determined that granting of a franchise on the terms set forth herein is in the public interest and in the interest of the Municipality and its residents. NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, in consideration of the mutual covenants and promises herein contained, that the following sections regarding the terms and conditions of the franchise agreement be recreated and amended and the parties hereto agree as follows: SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Ordinance shall be known and cited as the Cable Communications Regulatory Ordinance. 2. Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. The word “may” is directory and discretionary and not mandatory. (a) “Basic Cable Service” means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. §543(b)(7). (b) “Cable Programming Service” means any Video Programming provided over a Cable System, regardless 6  of service tier, including installation or rental of equipment used for the receipt of such Video Programming, other than: Video Programming carried on the Basic Service Tier; Video Programming offered on a pay-per-channel or pay-per-program basis; or A combination of multiple channels of pay-per- channel or pay-per program Video Programming offered on a multiplexed or time-shifted basis so long as the combined service: Consists of commonly-identified Video Programming; and Is not bundled with any regulated tier of service. Cable Programming Service as defined herein shall not be inconsistent with the definition as set forth in 47 U.S.C. §543(1)(2) and 47 C.F.R. 76.901(b) (1993). (c) “Cable Service” means the one-way transmission to Subscribers of Video Programming, or other programming service, and Subscriber interaction, if any, which is required for the selection of such Video Programming or other programming service. (d) “Cable System” or “System” shall have the meaning ascribed to it in federal law. (e) “Council” means the Vermillion, South Dakota City Council. (f) “Franchise” means an initial authorization, or renewal thereof issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which 7  authorizes the construction or operation of a Cable System or other MVPD facility. (g) “Franchise Area” means the area within the corporate boundaries of the Grantor. (h) “Grantee” is the entity which is granted a Franchise in City pursuant to this Ordinance, its agents and employees, lawful successors, transferees or assignees. (i) “Grantor” is the City of Vermillion, South Dakota. (j) “Gross Revenue” means all amounts of monthly revenue received from Cable Service, Cable Programming Service, advertising sales, fees on equipment leased by customers in order to provide video services, and Pay Television directly by the Grantee from the operation of its System within Franchise Area. Gross Revenue shall not include bad debt. (k) “Multichannel Video Program Distributor” or “MVPD” means a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, an OVS provider, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming. (l) “Open Video Services” or “OVS” means any video programming Services provided to any person by a Franchisee certified by the FCC to operate an Open Video System pursuant to Section 47 U.S.C. 573, as may be amended, regardless of the Facilities used. (m) “Pay Television” means the delivery over the System of pay-per-channel or pay-per-program audio-visual 8  signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or Cable Programming Services. (n) “Person” is any person, firm, partnership, association, corporation, company, or other legal entity. (o) “Standard Installation” means any residential installation which can be completed using a drop of one hundred fifty (150) feet or less. (p) “Street” means the surface of, and the space above and below, any public street, road, highway, freeway, lane, alley, path, court, sidewalk, parkway, or drive, or any easement or right-of-way now or hereafter held by Grantor. (q) “Subscriber” means any Person who lawfully receives Cable Service. (r) “Video Programming” means programming provided by, or generally considered comparable to programming provided by a television broadcast station. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Franchise Required. It shall be unlawful for any Person or Entity to construct, operate or maintain a Cable System or MVPD facility or to provide Cable Service, Video Programming or other MVPD services, including OVS, in the Franchise Area without a Franchise from Grantor authorizing the same, unless applicable federal or State law prohibits the Grantor’s enforcement of such a requirement. 2. Grant of Franchise. Any Franchise that is granted in City shall be subject to the terms and conditions contained herein. 3. Grant of Nonexclusive Authority. (a) A Grantee shall have the right and privilege to construct, erect, operate, and maintain, in, upon, along, across, above, over and under the Streets, public ways and public places now laid out or 9  dedicated and all extensions thereof, and additions thereto in Franchise Area, existing poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Franchise Area of a Cable System. Grantee is not authorized to erect any new poles without the express written permission of the Grantor. (b) A Franchise shall be nonexclusive, and Grantor reserves the right to grant a similar use of said Streets to any MVPD at any time, provided, however, that all Franchises shall contain the same terms and conditions as this Franchise in order that one MVPD is not granted a competitive advantage over another. In the event a MVPD commences operation without a Franchise or is granted a Franchise to operate by the Grantor, the terms and conditions of which do not comply with this Ordinance, other Grantees shall have the right either (i) to opt in to the competitor’s Franchise by providing ten (10) days prior written notice to the Grantor; or (ii) to petition the Grantor for modifications to its Franchise, in which case the Grantor shall work in good faith with the affected Grantee(s) to review and adopt modifications which the Grantee(s) deem necessary, review and approval by Grantor shall not be unreasonably denied. (c) Before granting an additional franchise, the Grantor shall give written notice to all Grantees of any new application, identifying the applicant for such additional Franchise and providing at least thirty (30) days prior notice of the date, time, and place at which the Grantor shall consider and/or determine whether such additional Franchise should be granted. (d) Every Franchise shall apply to the entire Franchise Area of the Grantor, as it exists now or may later be configured. (e) Neither City nor Grantee(s) may unilaterally alter the material rights and obligations set forth in this Franchise. In the event of a conflict between any other ordinance and this Franchise, the 10  Franchise shall control. Nothing in this Franchise shall impair the right of the Grantee to terminate this Franchise and, at Grantee’s option, negotiate a renewal or replacement franchise, license, consent, certificate or other authorization with any appropriate government entity, whether federal, state or local. 4. Franchise Term. A Franchise shall be in effect for a period of up to ten (10) years from the date of acceptance by a Grantee, unless renewed, revoked, or terminated sooner as herein provided. 5. Territorial Area Involved. A Franchise shall be granted for the corporate boundaries of Grantor, as it exists from time to time. In the event of annexation by Grantor, or as development occurs, any new territory shall become part of the Franchise Area covered. Grantor shall advise Grantee whenever property is annexed. Whenever the Grantee shall receive a request for service from at least ten (10) residences within 1,320 cable-bearing strand feet (one- quarter cable mile) of its trunk or distribution cable, it shall extend its system to such subscribers concurrently with its build-out plans for the system at no cost to said subscribers for system extension, other than the usual collection fees for all subscribers; provided that such extension is technically feasible, and if it will not adversely affect the operation, financial condition, or market development of the system, or as provided for under Section 2 item 6 of this franchise; provided that nothing shall require Grantee to complete build-out of its system sooner than five years after the date of this Franchise. 6. Subscriber Charges for Extensions of Service. No subscriber shall be refused service arbitrarily. However, for unusual circumstances, such as a subscriber’s request to locate his cable drop underground, existence of more than one hundred fifty (150) feet of distance from distribution cable to connection of service to subscribers, or a density of less than ten (10) residences per 1,320 cable- bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. If a potential Subscriber requires a non-Standard Installation (e.g. a Drop in excess of one hundred fifty 11  (150) feet), Grantee shall, upon request, provide a quote for construction of the non-Standard Installation and shall establish a mutually acceptable payment schedule not to exceed one (1) calendar year. For residential installations only, Grantee shall be responsible for all costs of the Standard Installation and the Subscriber shall be responsible for one half (1/2) of the actual cost of any construction required beyond the cost of the Standard Installation; Grantee shall be responsible for the balance of the costs for the non-Standard Installation. 7. Written Notice. All notices, reports, or demands required to be given in writing under this Ordinance shall be deemed to be given when delivered personally to any officer of Grantee or Grantor’s Manager of this Ordinance as specified in a Franchise. Notices to Grantee shall be provided to: Grantee: Clarity Telecom, LLC 5100 S. Broadband Lane Sioux Falls, SD 57108 Attn: Legal Notices Copy to: Clarity Telecom, LLC c/o Holland & Hart LLP 555 17th Street, Suite 3200 Denver, CO 80202 Attn: Susan Oakes, Esq. SECTION 3. APPLICATION FOR NEW FRANCHISE 1. Application Information. An application for an initial Franchise to provide Video Programming shall provide the following information in writing. (a) Applicant name and business address of Applicant. (b) A statement as to the proposed Franchise Area, and whether Applicant holds an existing authorization to access the Rights-of-Way in the City and a map of 12  the areas where such authorization exists if for an area other than the entire City. (c) Resume of prior history of Applicant, including the legal, technical, and financial expertise of Applicant in the Cable Service field. (d) List of officers, directors, and managing employees of Applicant and resumes of each. (e) A proposed construction and schedule to provide Cable Service or Video Programming to Subscribers. (f) A certificate of insurance consistent with the requirements of this Ordinance. (g) A description of the Cable System the Applicant intends to build, including its capacity, the types of equipment proposed for use and the Cable Services or Video Programming which will be offered. (h) A description of the financial qualifications of the Applicant to construct and operate the System including a balance sheet, income statement sources and uses of funds statement and pro forma projections for at least three (3) years of operation subsequent to System completion. (i) A proposed plan for Public, Educational, and Government Access Channels, including funding, facilities, and equipment and capacity on the System to be dedicated for educational and governmental use if applicable. 2. Evaluation Criteria. The Initial Franchise Application may be evaluated according to the following criteria, and approved within one-hundred eighty (180) days after City deems the Application is complete. In the event Applicant is already authorized to occupy the Streets, the time for review and approval will be ninety (90) days. (a) The evidence of legal, technical and financial ability required in the Applicant’s proposal will be such as to assure the ability to complete the entire System within a reasonable time from the date the Franchise is granted. The City will also consider 13  the Applicant’s ability to operate the System and provide the necessary Cable Services or Video Programming in compliance with the terms of this Ordinance. (b) The City Manager or designee shall prepare a report and make his or her recommendations respecting such application to the City Council. (c) A public hearing held at a regularly scheduled council meeting shall be set prior to any grant of a Franchise, at a time and date approved by the City Council. A published Notice of the regularly scheduled meeting shall be considered sufficient public notice. Within thirty (30) days after the close of the hearing, the City Council shall make a decision based upon the evidence received at the hearing as to whether or not the Franchise(s) should be granted, and, if granted subject to what conditions. (d) The City may consider any additional information that it deems applicable. SECTION 4. CONSTRUCTION AND OPERATIONS STANDARDS 1. Conditions on Street Use (a) A Grantee shall obtain all required permits from Grantor before commencing any construction upgrade or extension of the System. (b) The Grantor shall impose no special permit fees upon a Grantee for access to the public way. (c) Conditions of street occupancy. All transmission and distribution structures, existing poles, other lines, and equipment installed or erected by the Grantee pursuant to the terms hereof shall be located so as to cause a minimum of interference with the proper use of public ways and with the rights and reasonable convenience of property owners 14  who own property that adjoins any of such public ways. (d) Restoration of public ways. If during the course of Grantee’s construction, operation, or maintenance of the system there occurs a disturbance of any public way by the Grantee, it shall, at its expense, replace and restore such public way to a condition reasonably comparable to the condition of the public way existing immediately prior to such disturbance as determined by the City Engineer. The restoration shall take place within 20 days during non-weather precluded construction times unless otherwise approved by Grantor. (e) If at any time during the period of this Franchise Grantor shall elect to alter, or change the grade or location of any utility, Street, alley or other public way, a Grantee shall, at its own expense, upon reasonable notice by Grantor, not less than five (5) business days, but in any event adequate prior notice considering the size and complexity of the relocation, remove and relocate its poles, wires, cables, conduits, manholes and other fixtures of the System. If Grantor reimburses other occupants of the Street, a Grantee shall be likewise reimbursed. (f) A Grantee shall, on request of any Person holding a moving permit issued by Grantor, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same, and a Grantee shall be given not less than ten (10) days advance notice to arrange for such temporary changes, but in any event adequate prior notice considering the size and complexity of the relocation. (g) A Grantee shall have the authority to trim any trees upon and overhanging the Streets, alleys, sidewalks, or public easements of Grantor so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. Absent an emergency situation, Grantee shall provide Grantor and affected homeowners reasonable advance notice of 15  Grantee’s intent to trim trees. The Grantee shall reasonably compensate the franchising authority for any damages caused by such trimming, or shall, in its sole discretion and at its own cost and expense, reasonably replace all trees or shrubs damaged as a result of any construction of the system undertaken by the Grantee. Such replacement shall satisfy any and all obligations the Grantee may have to the franchising authority pursuant to the terms of this section. (h) Nothing contained in this Ordinance shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee’s facilities. (i) In areas where all other utility lines are placed underground, Grantee shall construct and install its cables, wires and other facilities underground. In any area where one or more public utilities are aerial, Grantee may construct and install its cables, wires and other facilities from the same pole with the consent of the owner of the pole. (j) A Grantee shall at all times construct and operate its System in accordance with applicable FCC Technical specifications. (k) In the event that the use of any part of the system is discontinued for any reason for a continuous period of twelve (12) months and Grantee intends to abandon such portion of the system, or in the event such systems or property has been installed in any street or public place without complying with the requirements of this Ordinance, or the rights granted hereunder have been terminated, cancelled or have expired, Grantee shall, subject to the rights of the City to acquire the system, promptly remove from the streets, or public places all such property and poles of such system other than any which the City may permit to be abandoned in place. In the event of such removal, Grantee shall promptly restore the street or other area from which such 16  property has been removed to a condition reasonably satisfactory to the City Engineer. (l) Any property of Grantee to be abandoned in place shall be abandoned in such a manner as the City may prescribe. Upon permanent abandonment of the property of Grantee in place, it shall submit to the City an instrument to be approved by the City, transferring to the City the ownership of such property. (m) All cable and passive equipment for cable television reception service installed by Grantee at a subscriber’s location shall remain the property of Grantee and Grantee shall have the right to remove said cable and equipment. Upon termination of service to any subscriber, the Grantee shall promptly remove all its above ground facilities and equipment from the premises of such subscriber upon his request. (n) No poles or other wire-holding structures shall be erected by the Grantee without prior approval of the of the City with regard to locations, height, type or any other pertinent aspect, which approval shall not be unreasonably withheld. However, no locations of any pole or wire-holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the City or its designated representative determines that the public convenience would be enhanced thereby. (o) Where poles or other wire-holding structures already existing in use in serving the City are available for use by Grantee, but it does not make arrangements for such use, the City may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. (p) Where the City or a public utility serving the City desires to make use of poles or other wire-holding structures of the Grantee but agreement therefor with the Grantee cannot be reached, the City Council 17  may require the Grantee to permit such use for such consideration as is just and reasonable and upon such terms as the Council determines the use would enhance the public convenience and would not unduly interfere with the Grantee’s operations. (q) Grantee shall furnish to and file with City the as built maps of the System including location of underground facilities. Grantee shall also file updates of such maps, plats and permanent records annually if changes have been made in the System. (r) Subject to Federal Law and Regulation, Grantee shall at all times maintain on file with the Finance Officer a schedule setting forth all rates and charges to be made to subscribers for basic cable service, including installation charges. (s) During the term hereof, the City may regulate rates only if authorized to do so by Federal Communications Commission regulations and then such regulation shall only be in accordance with the provisions of such regulations. SECTION 5. SYSTEM PROVISIONS AND PUBLIC SERVICES 1. Operation and Maintenance of System. A Grantee shall render effective service, make repairs promptly, and interrupt service only for good cause and for the shortest time reasonably practicable. 2. Service to Schools and City. A Grantee shall, subject to the line extension requirements of Section 2.5 herein, provide one (1) Drop and one (1) outlet of Basic Cable Service at no cost to the accredited K-12 schools and the City facilities listed in Appendix A, attached to this Agreement. The outlets of Basic Service shall not be used to distribute or sell services in or throughout such buildings. Users of such outlets shall hold the Grantee harmless from any and all liability or claims arising out of their use of such outlets, including but limited to, those arising from copyright liability. The Grantee shall not be required to provide an outlet to such buildings where the drop line from the feeder cable to said building or premises exceeds 150 cable feet or unless the appropriate governmental entity 18  agrees to pay the incremental cost of such drop line in excess of 150 cable feet. If additional outlets of Basic Service are provided to such buildings, the building owner shall pay the usual installation fees associated therewith, including, but not limited to, labor and materials. (a) PEG Channel. Grantee shall dedicate two (2) channels for public, educational and governmental (“PEG”) programming. Every Subscriber receiving Cable Service over a Grantee’s System shall receive the PEG channels at no additional charge. The PEG channels shall be provided as part of Basic Cable Service and shall not be moved without the City’s written approval which shall not be unreasonably withheld. The Grantee shall cablecast all PEG programming produced or created by the City, or its designee, including any live programming. The City may use the PEG channels for any lawful purpose including to cablecast programming produced by the City, local educational institutions or other public institutions, or members of the public. (b) The City shall have sole responsibility for managing and controlling the PEG channels. The City shall establish rules for the programming, operation or administration of the PEG channels, which shall be subject to Grantee’s review and approval. Grantee shall have no responsibility whatsoever for the programming, operation or administration of the PEG channels. 3. Emergency Use. In the case of any emergency or disaster, a Grantee shall, upon request of the City Council or City Manager, make available its facilities to the City for emergency use. A Grantee shall comply with the emergency alert requirements of federal law. 4. Viewing Controls. The Cable System and related equipment provided by or through Grantee shall have features that 19  allow a Subscriber to block the viewing of Subscriber- selected Video Programming. SECTION 6. OPERATION AND ADMINISTRATION PROVISIONS 1. Indemnification of Grantor. (a) A Grantee shall indemnify, defend, and hold harmless Grantor, its officers, boards, committees, councils, elected officials, employees and agents, from and against all liability, damages, and penalties which they may legally be required to pay as a result of the exercise of a Franchise granted pursuant to this Ordinance, except claims covered by worker’s compensation insurance or any claims arising from or related to Grantor’s negligence. Nothing in this Ordinance relieves a Person from liability arising out of the failure to exercise reasonable care to avoid injuring the Grantee’s facilities while performing work complete with grading, regarding, or changing the line of a Street or public place or with the construction or reconstruction of a sewer or water system. (b) In order for Grantor to assess its rights to be indemnified, defended, and held harmless, Grantor must with respect to each claim: i. Promptly notify a Grantee in writing of any claim or legal proceeding which gives rise to such right; ii. Afford Grantee the opportunity to participate in and fully control any compromise, settlement or other resolution or disposition of any claim or proceeding; and iii. Fully cooperate with reasonable requests of Grantee, at Grantee’s expense, in its participation in, and control, compromise, settlement or resolution or other disposition of such claim or proceeding subject to paragraph ii. above. 2. Insurance. A Grantee shall maintain in full force and effect at its sole expense, a comprehensive general liability 20  insurance policy, including contractual liability coverage, in protection of Grantor in its capacity as such. The policies of insurance shall be in the sum of not less than One Million Dollars ($1,000,000) for personal injury or death of any one Person, and Three Million Dollars ($3,000,000) for personal injury or death of two or more Persons in any one occurrence, Five Hundred Thousand Dollars ($500,000) for property damage to any one Person and One Million Dollars ($1,000,000) for property damage resulting from any one act or occurrence. Grantee shall provide Grantor with a Certificate of Insurance naming the Grantor as an additional insured. 3. Franchise Fee. (a) A Grantee will pay Grantor a monthly franchise fee in the amount of five (5%) percent of Grantee’s Gross Revenues. (b) The franchise fee shall be payable monthly, together with a brief report showing the basis for the computation. (c) The period of limitation for recovery of any franchise fee payable hereunder shall be five (5) years from the date on which payment by Grantee is due. 4. Compliance and Monitoring. The Grantee shall make available for inspection by authorized representatives of the City, its books, accounts and financial records at reasonable times and upon reasonable advance notice for the purpose of verifying payments. Grantee shall not be required to maintain any books for longer than five years. Grantee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature. Grantee shall not be required to provide subscriber information in violation of applicable law regarding subscriber privacy. SECTION 7. REVOCATION, ABANDONMENT, AND SALE OR TRANSFER 1. Grantor’s Right to Revoke. Grantor reserves the right to revoke, terminate or cancel a Franchise, if after strictly following the procedures required by Section 7.2 herein, it 21  is determined that a Grantee has violated any material provision of its Franchise or this Ordinance and has failed to substantially cure said violation. 2. Procedures for Revocation. (a) Grantor shall provide a Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee sixty (60) days subsequent to receipt of the notice in which to substantially cure the violation or to provide adequate assurance of performance. (b) Grantee shall be provided the right to a public hearing affording due process before the Grantor Council prior to revocation, which public hearing shall follow the sixty (60) day notice provided in paragraph (a) above. Grantor shall provide Grantee with written notice of its decision together with written findings of fact supplementing said decision. (c) After the public hearing and upon written determination by Grantor to revoke the Franchise, Grantee may appeal said decision with an appropriate state or federal court or agency. (d) During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires. (e) Upon satisfactory correction by Grantee of the violation upon which said notice was given, the initial notice shall become void. 3. Sale or Transfer of Franchise. No sale or transfer of a Franchise shall take place without the written approval of the Grantor per applicable federal law, which approval shall not be unreasonably withheld. All of the rights, privileges, obligations, duties, and liabilities created by this 22  Franchise shall pass to and be binding upon the successor or assign of a Grantee. SECTION 8. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of a Franchise shall be done in accordance with applicable federal law. 2. Amendment of Franchise. A Grantee and Grantor may agree to amend a Franchise. Such written amendments may be made at any time. 3. Marketing. A Grantee shall have the right to conduct direct selling in the Franchise Area, including door to door sales, subject to the registration and compliance provisions of Grantor’s existing ordinance. 4. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, unenforceable or unconstitutional by a decision of any authority or court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance and the remainder shall remain in full force and effect. 5. Status Reports. Grantee shall periodically meet with the City Council to brief them on the status of the system and franchise. Grantee acknowledges City has the right to amend this section to require different types and frequencies of reports. 6. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond Grantee’s control. This provision includes, but is not limited to, severe or unusual weather conditions, fire, flood, or other acts of God, strikes, work delays caused by failure of utility providers to service, maintain or monitor their utility poles to which Grantee’s Cable System is attached, as well as unavailability of 23  materials and/or qualified labor to perform the work necessary. SECTION 9. PUBLICATION, EFFECTIVE DATE 1. Publication; Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication, as required by law. First Reading: June 7, 2021 Second Reading: June 21, 2021 Published: July 2, 2021 Effective: July 22, 2021 2. Acceptance. (a) Grantee shall accept this Franchise by executing same. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes. With its acceptance, Grantee shall also deliver any insurance certificates required herein that have not been previously delivered. (b) Upon acceptance of this Franchise, Grantee shall be bound by all the terms and conditions contained herein. Dated at Vermillion, South Dakota this 21st day of June, 2021 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST BY:__________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Holland. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Willson-Y, Collier-Wise-Y Motion carried 8 to 0. Mayor Collier-Wise declared that the Ordinance has been adopted and directed publication thereof as required by law. 24 B. Second Reading of Ordinance 1437 regarding medical marijuana in the Joint Jurisdictional Zoning Area. 207-21 Second reading of title to Ordinance No. 1437, entitled A TEMPORARY ORDINANCE Regarding The Issuance of Local Medical Cannabis Establishment Permits And/Or Licenses for the City of Vermillion, South Dakota. Mayor Collier-Wise read the title to the above named Ordinance, and Council Member Hellwege moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1437 entitled A TEMPORARY ORDINANCE Regarding The Issuance of Local Medical Cannabis Establishment Permits And/Or Licenses for the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 15th day of June, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 21st day of June, 2021 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1437 ALSO KNOWN AS CLAY COUNTY ORDINANCE NO. 2021-03 A TEMPORARY ORDINANCE REGARDING THE ISSUANCE OF LOCAL MEDICAL CANNABIS ESTABLISHMENT PERMITS AND/OR LICENSES. WHEREAS, Clay County, SD (“County”) and the City of Vermillion, SD (“City”) have a joint jurisdictional zoning agreement pursuant to SDCL 11-6-12; and WHEREAS, said agreement sets forth joint zoning control outside of current City limits for an area as depicted on the Official Zoning Map of the Clay County and City of Vermillion Joint Jurisdictional Zoning Area; and WHEREAS, a local government may enact an ordinance not in conflict with SDCL Chapter 34-20G, governing the time, place, manner, and number of medical cannabis establishments in the locality. A local government may 25 establish civil penalties for violation of an ordinance governing the time, place, and manner of a medical cannabis establishment that may operate in the locality. A local government may require a medical cannabis establishment to obtain a local license, zoning permit, or registration to operate, and may charge a reasonable fee for the local license, zoning permit, or registration; and WHEREAS, the County and the City, make a preliminary finding that the current regulations and controls for the Joint Jurisdictional Zoning Area may not adequately address the unique needs and impacts of medical cannabis establishments as defined in SDCL 34-20G-1; and WHEREAS, the County and the City make a preliminary finding that the County and the City need further study of the relationship of medical cannabis establishments to the Joint Jurisdictional Comprehensive Plan and Joint Jurisdictional Zoning Ordinance. Public interest requires that the County and the City study, analyze, and evaluate the impacts of medical cannabis establishments and fully explore the impacts of any proposed regulations regarding medical cannabis establishments; and WHEREAS, the County and the City make a preliminary finding that it would be inappropriate for a local permit or license to be issued to a medical cannabis establishment in the Joint Jurisdictional Zoning Area prior to the South Dakota Department of Health’s promulgation of regulations governing the same; and WHEREAS, the County and the City hereby exercise their authority under SDCL 11-2-10, SDCL 7-18A-8, SDCL 11-4-3.1, and SDCL 9-19-13 to establish a temporary ordinance regarding the issuance of any local permits/licenses for medical cannabis establishments within the Joint Jurisdictional; and WHEREAS, a temporary ordinance will ensure that a more comprehensive joint jurisdictional zoning ordinance, building permit changes, licensing permits, and any proposed amendments to the Joint Jurisdictional Zoning Area Comprehensive Plan can be completely examined with adequate public input from citizens, business interests, and medical cannabis industry representatives; and WHEREAS, the County and the City find that a temporary ordinance is reasonable to preserve the status quo and prevent significant investment pending the outcome of the above study and any proposed regulations emanating therefrom; and 26 WHEREAS, the County and the City find that the following ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace and support of the Joint Jurisdictional Zoning Area and its existing public institutions. NOW, THEREFORE, BE IT ORDAINED, by the governing body of the City of Vermillion, South Dakota that the following sections are adopted: Section 1. Temporary Ordinance – Application for Local Permit/License A medical cannabis establishment desiring to operate in the Joint Jurisdictional Zoning Area shall be required to apply for a permit and/or license from the County. Applications for a local permit and/or license to operate a medical cannabis establishment, as defined by SDCL 34-20G-1, shall not be accepted until the South Dakota Department of Health has promulgated regulations as required by SDCL 34-20G-72. Any application received prior to such regulations being promulgated shall be denied. Section 2. Immediate Effect. This ordinance is necessary to protect and immediately preserve the public health, safety, welfare, peace, and support of the County and the City governments and their existing public institutions pursuant to SDCL 9-19-13 and SDCL 11-4-3.1. Dated at Vermillion, South Dakota this 21st day of June, 2021 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST BY:__________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Price. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Price-Y, Willson-Y, Collier-Wise-Y Motion carried 8 to 0. Mayor Collier-Wise declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business 27 A. MidAmerican Energy annual report. John stated that the representative from MidAmerican Energy was unable to attend and he will reschedule with him at a later date. B. Request to close Main Street between Washington and Church Street, Ratingen Platz, Market Street from Main to Bloomingdale Street, Austin Street from Main to Kidder, Kidder Street from Austin to half block east of Market Street, Court Street from Main to half block south, and Prospect from Main Street to National Street for Ribs, Rods, & Rock’n Roll on September 10, 11, and 12, 2021 (note the times and days of closings vary with the different streets). Stone Conely, City Management Assistant, stated that Ribs, Rods, & Rock ‘n Roll organization is requesting a street closing to host their State BBQ Championship, music festival, corn hole tournament and car show on September 10 and 11, 2021. Stone reported that the request is broken down into sections as follows: Section One – Proposed to be closed from Friday, September 10, 2021 at 6:00 a.m. until Sunday, September 12, 2021 at noon: Main Street from High Street to Prospect Street, Prospect Street from Main Street to the ½ Block North Alleyway, Market Street from Main to Bloomingdale Street, Kidder Street from Austin Street to ½ Block East Alleyway, Austin Street from Kidder to Main Street, Ratingen Platz, the Public Parking Lot on the corner of Kidder and Market Street. Section Two – Proposed to be closed on Saturday, September 11, 2021 from 6:00 a.m. until 5:00 p.m.: Main Street from Washington to High Street, Main Street from Center to Church Street Section Three - Proposed to be closed on Friday, September 10, 2021 at 2:00 p.m. until Saturday, September 11, 2021 at 5 p.m. Main from Prospect to Center Street. Stone stated that the street closing request and diagram of the streets are included in the packet. Stone stated that Police, Fire and EMS were notified and had no safety concerns. 208-21 Council Member Willson moved approval of the street closing as requested on September 10, 11 & 12, 2021 for the Ribs, Rods & Rock ‘n Roll event as presented. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 28 C. Request to close High Street from Cherry Street to Vermillion Public Transit driveway from 7:00 a.m. on August 12, 2021 through 12:00 p.m. on August 15, 2021 for the Clay County Fair. Stone Conley, City Management Assistant, reported that the Clay County Agricultural Fair Association is hosting the annual Clay County Fair from August 12 to 15, 2021 and is requesting the temporary closure of a portion of High Street as it abuts the fairgrounds similar to what has been done in prior years. Stone stated that the request is to close High Street along the fairgrounds from 7:00 a.m. on Thursday, August 12, 2016 until 12:00 p.m. on Sunday, August 15, 2021. Stone noted that the application and diagram are included in the packet. 209-21 Council Member Holland moved approval of the closing of High Street along the fairgrounds from 7:00 a.m. on Thursday, August 12, 2019 until 12:00 p.m. on Sunday, August 15, 2021 for the Clay County Fair. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. D. Request to close N. Plum Street from E. Cherry Street to SD Highway 50 on Friday, August 20, 2021 from 6:00 a.m. to 4:00 p.m. for USD’s Move-In Day. Cohl Turnquist, Administrative Intern, reported that the University of South Dakota has historically been utilizing Plum Street, between Highway 50 and E. Cherry Street, during their Move-In Day. Cohl stated that the traffic control for the move-in requires the assistance of the City and the DOT. Cohl stated that the request from USD is included in the packet. Cohl reported that, in order to mitigate the danger of the local traffic on Plum Street, USD has requested that Plum Street from Cherry Street to Hwy. 50 be closed from 6:00 a.m. to 4:00 p.m. on Friday, August 20, 2021. Cohl noted that the Police, Fire and EMS Departments have been notified of the closure request. Cohl noted that USD could not sign the certificate of insurance naming the City as an additional insured but provided language that they have insurance for the street closure. Cohl noted the next item on the agenda also is for move-in day with the closing of Rose Street from Coyote Village to the Dakota Dome on August 20, 2021 from 5:00 a.m. to 4:00 p.m. Cohl recommended approval of the street closure. 210-21 Council Member Willson moved approval of the request to close N. Plum Street from E. Cherry Street to SD Highway 50 bypass on Friday, August 20, 2021 from 6:00 a.m. to 4:00 p.m. for USD Move-in Day. Council 29 Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. E. Request to close Rose Street from Coyote Village north to the Dakota Dome on Friday, August 20, 2021 from 5:00 a.m. to 4:00 p.m. for USD’s Move-In Day. Cohl Turnquist, Administrative Intern, reported that the University has requested the closing of Rose Street from Coyote Village to the Dakota Dome during their Move-In Day. Cohl stated that the request for the closure is due to safety concerns with traffic. Cohl reported that, to remove the danger of the local traffic on Rose Street, USD has requested that Rose Street from Coyote Village to the Dakota Dome be closed from 5:00 a.m. to 4:00 p.m. on Friday, August 20, 2021. Cohl noted that the Police, Fire and EMS Departments have been notified of the closure request. Cohl noted that as to insurance this request is the same as the last agenda item. Cohl recommended approval of the street closure. 211-21 Council Member Hellwege moved approval of the closing of Rose Street from Coyote Village to the Dakota Dome, on Friday, August 20, 2021 from 5:00 a.m. to 4:00 p.m. for USD Move-In Day. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. F. Request to close North Pine Street from East Cedar Street to East National Street on Thursday, August 19, 2021 from 10:00 a.m. to 6:00 p.m. for Alpha Phi’s Sorority Recruitment Bid Day. Cohl Turnquist, Administrative Intern, reported that the Alpha Phi Sorority has requested the closure of North Pine Street from East Cedar Street to East National Street for their Recruitment Bid Day. Cohl noted that the street closure is requested for Thursday, August 19, 2021 from 10:30 a.m. to 6:00 p.m. Cohl reported that the street closure request application and diagram are included in the packet. Cohl stated that the Street, Police, Fire, and EMS Departments have been notified of the street closure request and they did not have any concerns. Cohl recommended approval of the temporary street closing. 212-21 Council Member Willson moved approval of the temporary closing of North Pine Street from East Cedar Street to East National Street on Thursday, August 19, 2021 from 10:00 a.m. to 6:00 p.m. for Alpha Phi’s Sorority 30 Recruitment Bid Day. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. G. Assignment of airport hangar from Mr. David Howard d/b/a Howard Aviation, LLC to Mr. Rollie T. French Sam Ward, Engineering Intern, reported that the City of Vermillion entered into a hangar lease agreement with Mr. Davis Howard d/b/a Howard Aviation, LLC on March 2, 2015. Sam noted that the agreement signed in 2015 was for an initial 10-year period ending on February 16, 2025 and the owner would have an option to renew the lease for another 10-year period. Sam stated that on June 14, 2021, the City received an “Assignment of Owner’s Interest in Lease” from Mr. David Howard d/b/a Howard Aviation, LLC assigning the hangar lease to Mr. Rollie T. French. Sam reported that the current lease agreement with Mr. David Howard d/b/a Howard Aviation, LLC allows for the assignment of the lease agreement with written approval from the City. Sam noted that, if written approval is given for the assignment, the new owner is bound by the original terms of the lease including lease rates and duration. Sam noted that the current annual lease is for $420 per year. Sam recommended approval of the assignment of the airport hangar lease. Discussion followed. 213-21 Council Member Holland moved approval of the assignment of airport hangar from Mr. David Howard d/b/a Howard Aviation, LLC to Mr. Rollie T. French. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 9. Bid Openings 10. City Manager's Report A. John reported that one term on the BID#1 Board which is the Business Improvement District for the hotel/motel lodging fee is available. John stated that, per the originating ordinance, this seat is for an individual who owns or manages a lodging facility. B. John reported that there is a vacancy on the Planning Commission for a term expiring in July 2022. Expression of Interest forms are due by 5:00 p.m. on Thursday, July 15th with anticipation that the City Council will make an appointment at the July 19th meeting. 31 C. John stated that the City offices will be closed on Monday, July 5th due to the July 4th holiday on Sunday. The next City Council meeting is on Tuesday, July 6th. D. John reported on the receipt of two Raffle notifications. One from the Fraternal Order of Eagles who are selling raffle tickets at $20 each or 6 for $100. The drawing will be June 11, 2022. The prize is a 2021 Can-Am Maverick X3 DS Turbo R 4-wheeler. Proceeds are donated to the Abbott House Foundation. The second is St. Agnes Knights of Columbus who are selling $20 books for Monday Night Football. The books would be available for sale June 12-Sept 10, 2021. They plan to sell 200 books and utilize a random, scrambled point combination to determine winner based on the score of the game. Winner(s) receive $50 per game. Proceeds are used for Knights of Columbus philanthropy. PAYROLL ADDITIONS AND CHANGES Ambulance: Jennifer Seehafer $$2.00/on call-$3.00/hol on call; Pool: McKenzie Kerkman $10.50/hr; Mosquito: Max Anderson $11.00/hr; Library: Kendra Brewer $15.42/hr 11. Invoices Payable 214-21 Council Member Price moved approval of the following invoices: A-OX WELDING SUPPLY CO CHEMICALS 2,036.30 AT&T MOBILITY MOBILE HOT SPOTS 467.82 BRITTNEY GOGGIN REFUND BASEBALL REC FEES 42.00 BROADCASTER PRESS ADVERTISING 2,082.87 BUHLS CLEANERS MAT/MOP SERVICE 649.95 BUREAU OF ADMINISTRATION TELEPHONE 216.94 CENTURYLINK TELEPHONE 1,563.21 CHESTERMAN CO MERCHANDISE 1,235.58 CITY OF VERMILLION LANDFILL VOUCHERS 614.50 CLAY RURAL WATER SYSTEM WATER USAGE 117.50 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,467.44 DAKOTA BEVERAGE MERCHANDISE 13,039.55 ECHO ELECTRIC SUPPLY SUPPLIES 524.20 ELECTRIC PUMP, INC SERVICE AGREEMENT 2,100.00 ENERGY LABORATORIES TESTING 1,172.00 FARNER BOCKEN COMPANY MERCHANDISE 7,128.45 FEDEX. SHIPPING 18.46 32 GLOBAL DIST. MERCHANDISE 471.00 GREGG PETERS MANAGERS FEE 6,000.00 HANSEN LOCKSMITHING REPAIRS 75.50 INDUSTRIAL CHEM LABS SUPPLIES 451.38 INES WHITE REFUND SWIM PASS 40.00 JAMIE HEINE REFUND SWIM PASS 35.00 JERRY'S SERVICE, INC FUEL 11,673.22 JESS PERKINS REFUND SWIM LESSONS REC FEE 24.00 JESSE HAILEY REFUND SWIM PASS 35.00 JESSICA STECKLY REFUND SWIM LESSONS REC FEE 12.00 JOHANNA GREGOIRE REFUND SWIM PASS 40.00 JOHN A CONKLING DIST. MERCHANDISE 5,328.45 JOHNSON BROTHERS OF SD MERCHANDISE 26,405.90 JONES FOOD CENTER SUPPLIES 551.10 LESSMAN ELEC. SUPPLY CO SUPPLIES 1,038.00 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,080.00 MARTINSON CONSTRUCTION REPAIRS 278.15 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 240.53 MELANIE HAILEY REFUND SWIM PASS 30.00 MIDAMERICAN GAS USAGE 4,111.09 MIDCONTINENT COMMUNICATION CABLE/INTERNET SERVICE 1,392.02 MIDWEST ALARM CO ALARM MONITORING 87.75 MIDWEST TURF & IRRIGATION PARTS 350.09 O'REILLY AUTO PARTS PARTS 46.75 REDI TOWING TOWING 75.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 10,951.30 RUNNING SUPPLY, LLC SUPPLIES 1,619.94 SAM WARD SAFETY BOOTS REIMBURSEMENT 72.41 SD DENR LANDFILL OPERATIONS FEE 3,531.49 SD PUBLIC ASSURANCE ALLIANCE PROPERTY COVERAGE 87,214.76 SOUTHEAST SOFTBALL ASSOC TOURNAMENT FEES 545.00 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,075.24 STAPLES BUSINESS CREDIT SUPPLIES 881.17 STERN OIL CO. FUEL 4,583.72 THE HOME DEPOT PRO SUPPLIES 367.76 TODD MOCKLER SAFETY BOOTS REIMBURSEMENT 100.00 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 51.97 TRAVIS TAGGART REIMBURSE DELIVERY CHARGE 139.50 US POSTMASTER POSTAGE FOR UTILITY BILLS 900.00 USPS-POC POSTAGE FOR METER 700.00 VERMILLION CHAMBER OF COMMERCE BLISS POINTE-PHASE 2 197,095.08 33 WASTE MANAGEMENT OF WI-MN WASTE HAULING 1,410.33 WENDY JOHNSON RED CROSS CERTIFICATION FEES 640.00 ZEE MEDICAL SERVICE SUPPLIES 112.20 GRAND TOTAL $411,340.57 Council Member Humprey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of July 6, 2021 for a special permit to exceed permissible sound levels by no more than 50% for the Vermillion Cultural Association event on or about Thursday, July 22, 2021 from 7:00 p.m. to 8:30 p.m. on the rooftop of 12 E Main Street 214-21 Council Member Price moved approval of the consensus agenda. Holland Council Member seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 13. Adjourn 215-21 Council Member Price moved to adjourn the Council Meeting at 7:30 p.m. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 21st day of June, 2021. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY___________________________________ Katie E. Redden, Finance Officer Published once at the approximate cost of ___________. 34