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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · November 1, 2021

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Minutes

Unapproved Minutes Council Special Session November 1, 2021 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, November 1, 2021 at 12:00 noon in the Jack Powell Conference Room - City Hall. 1. Roll Call Present: Holland, Humphrey, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise Absent: Hellwege 2. Adoption of Agenda 352-21 Council Member Holland moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 3. Informational Session – Proposed 2022 fee changes for Prentis Plunge and Lions Campground- Parks and Recreation Director Jim Goblirsch Jim Goblirsch, Parks and Recreation Director, reported on proposed fee changes for Prentis Plunge. Jim noted the revenue and expense for 2018, 2019 and 2021 stating that each year we have a loss of about $110,000 to $120,000. Jim proposed to increase the daily fees from $5 to $6 and to increase the seasonal fees to $50 for ages 7 and up. Jim states that the discounts and assistance for pool passes will not change. Discussion followed. Jim reported on the Lions Park Campground stating that the improvements to the campsite are put on hold until the Law Enforcement Facility committee decides where they are locating the new facility. Jim noted that, since there have been ongoing issues at the Lions Park Campground the last few years, he does want to implement a small fee to use the facilities. Discussion followed. 4. Informational Session – Proposed 2022 fee changes for building permits and rental registration- Building Official Kalin Knief Kalin Knief, Building Official, reported on proposed fee changes to building permits, code violations, and rental registrations. Kalin noted that the City is one of the lowest in first class municipalities for 1 building permits rates. Kalin stated that he would propose increasing the initial fee from $25 to $30. Kalin stated that this will not bring us to the average, but will help us to bring our rates closer to other first class municipalities. Kalin proposed raising code violations from $10 to $15 due to staff time needed for snow and grass tagging. Kalin noted that rental registrations have not been changed in a number of years and proposed an increase from $25 per structure and $15 per unit to $30 per structure and $15 per unit. Discussion followed. 5. Informational Session – Proposed 2022 fee Changes for Variances and Conditional Use Permits- Assistant to the City Manager Stone Conley Stone Conley, Assistant to the City Manager, reported on Variances and Conditional Use Permit fees. Stone noted that for both fees we are currently the second lowest at $100. Stone stated that these fees have not changed since 2011 and staff proposes to raise both the Condition Use Permit and Variance fee to $150 each. Discussion Followed. 6. Briefing on the November 1, 2021 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Adjourn 353-21 Council Member Ward moved to adjourn the Council special session at 1:05 p.m. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 1st day of November, 2021. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Unapproved Minutes City Council Regular Session November 1, 2021 Monday 7:00 p.m. 2 The regular session of the City Council, City of Vermillion, South Dakota was called to order on November 1, 2021 at 7:00 p.m. by Mayor Collier- Wise. 1. Roll Call Present: Holland, Humphrey, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise Absent: Hellwege 2. Pledge of Allegiance 3. Minutes A. Minutes of October 18, 2021, Special Meeting and October 18, 2021, Regular Session 354-21 Council Member Ward moved approval of the October 18, 2021, Special Meeting and October 18, 2021 regular session minutes. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 4. Adoption of Agenda 355-21 Council Member Price moved approval of the amended agenda to add an executive session for a legal matter. Council Member Willson 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. Lease of approximately 230 acres of farmland east of Vermillion in Clay County. Katie Redden, Finance Officer, reported that State statute requires a public hearing before leasing municipally owned property for more than 120 days and an amount in excess of $500. Katie stated that the City received approximately 230 acres of farmland from Kenneth Mockler in 1994. Katie noted that the statute does not require bidding but, to determine the most advantage price, the City advertised for bids which were opened November 1st with three bids received. Katie noted that proposals were mailed to the three individuals that bid three years ago 3 and at least two bid packets were picked up at City Hall. Katie reported that bids were opened on November 1st with three bids received with the listing of bids included in the packet. Katie stated that the high bid for the three-year lease was from Heine Partnership for $72,680 due April 1st of 2022, 2023 and 2024. Katie recommended authorizing the lease to Heine Partnership, the high bidder, unless additional information is presented at the public hearing. Katie noted that following the public hearing, the City Council can authorize the farmland lease. Discussion followed on the lease amount. 356-21 Council Member Ward moved approval of the 3-year farmland lease with Heine Partnership for approximately 230 acres of farmland east of Vermillion at $72,680 per year for 2022, 2023 and 2024. Council Member Willson seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 7. Old Business A. Second Reading of Ordinance 1444 to amend the City of Vermillion Code of Ordinances Title XI Business Regulations for Medical Cannabis Establishment licensing § 123.01 Definitions with the Removal of the Term “Revocation” from § 123.19 (E) Stone Conley, Assistant to the City Manager, reported that Ordinance No. 1444 was adopted at the May 27, 2021 City Council Meeting allowing for the City to establish medical cannabis regulations in response to Initiated Measure 26 which was adopted in November 2020. Stone noted that the ordinance included a “Definitions” section where there were two definitions of “Medical Cannabis Establishment” in the final version that was adopted. Stone noted that having two definitions for the same term in the same section of City Code can create confusion. Stone noted that this ordinance world mirror the State’s definition of Medical Cannabis Dispensary. Stone noted that the City Council, at the noon meeting on October 4, 2021, reviewed the recent rules that were adopted by the State as it pertains to Medical Cannabis registration and licensing. Stone noted that the State rules will not allow for a license that was revoked to be reinstated in which the adopted City ordinance does allow for a revoked license to be reinstated. Stone noted that this ordinance cleans up the definitions along with removing “revocation” from Section 123.19 (E). Stone noted that since the first reading on October 18th, 2021 there have been no changes to the ordinance. 357-21 Second reading of title to Ordinance No. 1444, entitled AN ORDINANCE AMENDING the City of Vermillion Code of Ordinances Title XI Business Regulations for Medical Cannabis Establishment licensing § 123.01 4 Definitions with the Removal of the Term “Revocation” from § 123.19 (E)for the City of Vermillion, South Dakota. Mayor Collier-Wise read the title to the above named Ordinance, and Council Member Holland moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1444 entitled AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS, BY AMENDING AND REPLACING DEFINITIONS LISTED IN SECTION 123.01 AND REMOVING “REVOCATION” FROM SECTION 123.19 (E) 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 18th day of October, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 1st day of October, 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 1444 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS, BY AMENDING AND REPLACING DEFINITIONS LISTED IN SECTION 123.01 AND REMOVING “REVOCATION” FROM SECTION 123.19 (E). BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following sections of Chapter 123 be amended as follows: §123.01 Definitions. Medical Cannabis Dispensary. An entity registered with the South Dakota Department of Health pursuant to this chapter that acquires, possesses, stores, delivers, transfers, transports, sells, supplies, or dispenses cannabis, cannabis products, paraphernalia, or related supplies, and educational materials to cardholders. Medical Cannabis Establishment. A cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a medical cannabis dispensary. §123.19 LICENSE REVOCATION, PENALTIES AND REINSTATEMENT (E) In order to reinstate a license to active status following suspension or cancellation, the applicant must tender a reinstatement fee of $10,000 for the first suspension or cancellation under this Chapter, or $15,000 for the second such suspension or cancellation. Upon 5 the third such suspension or cancellation, the license shall automatically terminate and may not be reinstated or renewed. Dated at Vermillion, South Dakota this 1st day of November, 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 Willson. 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: Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Willson-Y, Mayor 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 A. Resolution Amending Water Rates for 2022 Katie Redden, Finance Officer, reported that during the 2022 budget process it was proposed to adjust water by 2% to generate additional revenue to meet the increased operating costs of the water utility. Katie noted that the bond resolution for the water treatment plant improvements, which created the surcharge fee, requires that it be reviewed annually and adjusted so that it generates revenue equal to 1.10% of the principal and interest payments. Katie stated that the water rates were last adjusted in January 2018 by 2%. Katie reported that the proposed rate resolution is an overall increase of 2% that is projected to generate $39,000 in additional revenues for the water fund based upon the average water usage. Katie stated that the monthly billing for an average residential customer using 690 cubic feet of water per month would change from $30.51 to $31.09 or an increase of $0.58 cents per month. Katie noted that the resolution will have the new rates go into effect with the billing after January 1, 2022 so it will be with the bill sent out the end of January due February 10, 2022. Discussion followed. 358-21 After reading the same once, Council Member Willson moved adoption of the following: 6 RESOLUTION AMENDING WATER RATES FOR 2022 WHEREAS Section 53.075 of Title V Public Works of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to establish water rates. BE IT HEREBY RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council Chambers of said City at 7:00 p.m. on the 1st day of November, 2021, that water rates be established or changed as follows: a) Meter Service Charge per billing: 1) Residential Meter Service Size (inches) Charge ¾ $ 15.22 1 28.06 1 ½ 52.30 2 80.56 3 158.05 4 245.78 6 485.05 The above rates include a surcharge fee defined below. 2) Apartment house and trailer courts per billing: Meter Service Size (inches) Charge 1 28.06 1 ½ 52.30 2 80.56 3 158.05 4 245.78 6 485.05 The above rates include a surcharge fee defined below. In addition, an apartment or trailer charge as follows shall be assessed for each apartment or trailer unit over one (1) connected to a master meter. The listed rate includes a surcharge fee defined below. Additional units $ 4.18 3) Commercial and industrial per billing: Meter Service Size (inches) Charge ¾ $ 15.22 1 28.06 1 ½ 52.30 2 80.56 3 158.05 4 245.78 7 6 485.05 The above rates include a surcharge fee defined below. An additional charge as follows shall be assessed for each commercial or industrial unit over one (1) connected to a master meter. The listed rate includes a surcharge fee defined below. Additional units $ 4.18 b) Water Charge: In addition to the meter charges mentioned in subsection (a) above there shall be the charge as follows per 100 cubic feet of all water used: Water Charge $ 2.30 Outside City Limits: All customers residing outside the city limits of the City of Vermillion, South Dakota shall pay one and one half (1.5) times the aforesaid rates. c) Bulk Water Rate: Bulk water rates shall be the per gallon charge as follows: Bulk Water $ .006092 d) Debt Service Surcharge Fees: There is hereby established and imposed, pursuant to the authority of SDCL Ch. 9-40, a surcharge upon the water service in the City of Vermillion. The surcharge shall apply to all classes of customers listed in (a) above. The debt service surcharge is a special charge for the use of the water plant improvements and is pledged to the South Dakota Conservancy District for the payment of the loan payments on the 2005 Drinking Water State Revolving Fund Loan. The City does hereby establish the debt service surcharge fees for each customer of its System who received or benefits from the Project or services of the Project. Such allocation shall be set at a level which, assuming a ten percent (10%) delinquency rate, will produce income at the times and in amounts sufficient to pay when due the principal of and interest on the borrower 2005 bonds and the administrative expense surcharges and all other payments as may be required under the loan agreement. The charges shall be reviewed annually by city personnel and administratively adjusted, upwards or downwards, pursuant to SDCL 9-40-15.1 and 9-40-15 to such amounts as may be necessary to pay principal, administrative surcharge and other charges as may become due and owing under the loan agreements. The monthly surcharge fee included in (a) above is as follows: Meter Service Size (inches) Charge ¾ $ 4.77 1 8.83 1 ½ 16.46 2 25.36 8 3 49.76 4 77.39 6 152.73 In addition, an apartment or trailer charge as follows shall be assessed for each apartment or trailer and or each commercial or industrial unit over one (1) connected to a master meter. The monthly surcharge fee included in (a) above is as follows: Additional units $ 1.31 The Debt Service Surcharge may be combined with the Meter Service Charge on the monthly billing for ease of reporting. e) Effective Date of Rate. The effective date of the rates listed in Vermillion City Ordinance 53.075 is for bills effective with a billing date after January 1, 2022. BE IT FURTHER RESOLVED, that any surcharge funds in excess of the debt service requirements be annually transferred to the water fund. Dated at Vermillion, South Dakota this 1st day of November, 2021. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By:___________________________ Kelsey Collier-Wise, Mayor ATTEST: By: ________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Holland. 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 Collier-Wise declared that the Resolution was adopted. B. Resolution Amending Curbside Recycling Fees for 2022 John Prescott, City Manager, reported that when curbside recycling started in 2009 the monthly fee was $3.30 and it was increased to $3.50 in January 2016 and to $3.70 in January 2018. John noted that the original equipment was purchased with a grant/loan from the State with the loan being retired in 2016. John stated that the pickup was replaced in 2016. John noted that a new trailer was purchased in 2018 using proceeds from a Solid Waste grant/loan, that loan will mature in 2023. John noted that the recycling markets have been low for some time now and a $.20 per 9 month increase was discussed during the budget hearings. John noted that the fee adjustment will generate about a $6,000 increase in revenues and is to start for billing after January 1, 2022. Discussion followed with John answering questions of the City Council. 359-21 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION REVISING CURBSIDE RECYCLING COLLECTION RATES WHEREAS, Ordinance 1184 establishing mandatory curbside recycling for qualifying residences was adopted by the Vermillion City Council in April 2008 and upheld via a municipal election in November 2008; and WHEREAS, Section 52 of the Vermillion City Code of Ordinances provides the policies and procedures for curbside recycling collection; and WHEREAS, the City Council desires to provide curbside recycling on a self-sustaining user fee basis; and, WHEREAS, Section 52.32 of the 2008 Revised Ordinance of the City of Vermillion allows the City Council to establish the monthly mandatory fee for residential curbside collection via a resolution. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof, in the Council Chambers of said City, at 7:00 p.m., on the 1st day of November, 2021, to amend the mandatory curbside recycling fee for utility billing after January 1, 2022 to be 3.90 per month plus sales tax. BE IT FURTHER RESOLVED, that the City Manager of the City of Vermillion, South Dakota is authorized to establish rates for collection of recyclable materials from locations not mandated by the ordinance at a flat fee that shall cover the collection costs. The effective date of this resolution will be for billings after January 1, 2022. Dated at Vermillion, South Dakota this 1st day of November, 2021. 10 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By:___________________________ Kelsey Collier-Wise, Mayor ATTEST: By__________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Jennewein. 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 Collier-Wise declared that the Resolution was adopted. C. Annual write-off of old accounts receivable Katie Redden, Finance Officer, reported that annually the City Council needs to remove the old accounts receivable from the accounting records with collection efforts to continue on these accounts unless discharged in bankruptcy. Katie stated that the request is to remove 150 utility accounts totaling $34,438.08, 7 general accounts receivable totaling $522.56, Golf Course’s Old AR System totaling $3,312.42, 1 landfill account totaling $52.37, 3 return checks for $202.78 and 146 ambulance accounts totaling $121,590.55 from the accounting records. Discussion followed. 360-21 Council Member Ward moved approval of the removal from the accounting records of utility accounts totaling $34,438.08, general accounts totaling $522.56, Golf Course Old AR accounts totaling $3,312.42 landfill account totaling $52.37, return check for $202.78 and ambulance accounts totaling $121,590.55. Council Member Willson seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. D. Change order no. 3 for Highway 50 Drainage Improvements Jose Dominguez, City engineer, reported that on March 1, 2021 the City Council awarded a $3,077,119.99 contract to Midland Contracting, Inc. of Huron to construct a storm sewer along the south ditch of South Dakota Highway 50 from Dakota Street to Over Drive. Jose noted that the work on the project began in May 2021. Jose noted that the City has approved two change orders to the project. Both of the change orders increased the contract by $96,086.54. Jose noted that Change Order No. 3 is mainly due to wet soil conditions causing the contractor to adjust the materials used for backfilling, pipe undercutting, and pipe bedding. Jose stated that these three items accounted for $232,646.38 of this change order, or roughly 88%. Jose reported that the remaining portion of the change 11 order is due to pipe adjustments and items required to be changed by the DOT. Jose stated that Change Order No. 3 will increase the cost of the project by $264,977.53 to a new total of $3,438,184.03. 361-21 Council Member Willson moved approval of the Change Order No. 3 for Highway 50 Drainage Improvements. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. E. Engineering Agreement with Banner Associates for Wastewater Treatment Plant UV Disinfection System Shane Griese, Utility Engineer, reported that the Wastewater Treatment Facility utilizes UV light to disinfect treated wastewater before it is released into the environment. Shane stated that over the past two years staff have started to experience issues with the system’s hydraulic wiping system as well as difficulty replacing some dated computer components within the system. Shane noted that State law requires all projects over $100,000 to go out for sealed bids. Shane stated that staff requested Banner Associates prepare a proposal for engineering costs for the replacement of the UV Disinfection System. State noted that the agreement is broken into four phases: preliminary and final Design ($32,820.00), bidding phase ($5,420), construction administration ($21,450.00), and construction observation ($11,600.00) with the total engineering costs of $71,290.00. Shane noted that the schedule for the project will begin immediately with the final design scheduled for January 2022. Shane stated that the project will be advertised with bids being opened and awarded in April 2022. Shane noted that construction is scheduled to begin as soon as May 2022 with completion scheduled for no later than November 2022. 362-21 Council Member Ward moved approval of the Engineering Agreement with Banner Associates for Wastewater Treatment Plant UV Disinfection System. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. F. Resolution authorizing the purchase of a one-ton truck chassis for Water Department Jose Dominguez, City Engineer, reported on the purchase of a one-ton truck chassis for the Water Department. Jose noted that, at the 2022 budget sessions, the City Council reviewed the equipment replacement schedules and vehicles that were budgeted to be replaced. Jose noted that, when purchasing equipment, the City has several options based on State statues. Jose stated that the City tries to purchase directly from 12 a local vendor, from an already awarded contract, from State list, or from a purchasing agency. Jose noted that the one-ton truck chassis for the Water Department was available through Sourcewell for $43,985.22 and Vermillion Ford for $43,900. 363-21 After reading the same once, Council Member Price moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A 1-TON PICKUP TRUCK CHASSIS WHEREAS, SDCL 5-18A-22(19) authorizes a governmental entity to purchase any piece of equipment involving the expenditure of less than $50,000 without going to bid; and WHEREAS, the City of Vermillion approached the local dealer, Vermillion Ford, to see if the City could purchase a 2022 Ford F350 XL 4WD SuperCab DRW; and WHEREAS, after the prices from the local dealer were compared with the State contract price it was found that the local dealer’s price was comparable to the State’s contract price. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2022 Ford F350 XL 4WD SuperCab DRW for $43,900.00 from Vermillion Ford of Vermillion, South Dakota. Dated at Vermillion, South Dakota this 1st day of November, 2021. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Kelsey Collier-Wise, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Holland. 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 of the resolution. Mayor Collier-Wise declared the motion adopted. 13 G. Resolution authorizing the purchase of a 2x4 ½-ton truck for Code Enforcement Jose Dominguez, City Engineer, reported on the purchase of a 2x4 1/2 – ton truck for the Code Enforcement Department. Jose noted that, at the 2022 budget sessions, the City Council reviewed the equipment replacement schedules and vehicles that were budgeted to be replaced. Jose noted that, when purchasing equipment, the City has several options based on State statues. Jose stated that the city tries to purchase directly from a local vendor, from an already awarded contract, from State list, or from a purchasing agency. Jose noted that the 2x4 ½ -ton pickup truck for the Code Enforcement Department was available through State bid for $27,551, Sourcewell for $27,732.54 and Vermillion Ford for $27,551. 364-21 After reading the same once, Council Member Willson moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A 2x4 ½ - TON PICKUP TRUCK WHEREAS, SDCL 5-18A-22(19) authorizes a governmental entity to purchase any piece of equipment involving the expenditure of less than $50,000 without going to bid; and WHEREAS, the City of Vermillion approached the local dealer, Vermillion Ford, to see if the City could purchase a 2022 Ford F150 2x4; and WHEREAS, after the prices from the local dealer were compared with the State contract price it was found that the local dealer’s price was comparable to the State’s contract price. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2022 Ford F150 2x4 for $27,551.00 from Vermillion Ford of Vermillion, South Dakota. Dated at Vermillion, South Dakota this 1st day of November, 2021. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Kelsey Collier-Wise, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer 14 The motion was seconded by Council Member 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 of the resolution. Mayor Collier-Wise declared the motion adopted. H. Resolution authorizing the purchase of a 4x4 ½-ton truck for Waste Water Deparment Jose Dominguez, City Engineer, reported on the purchase of a 4x4 1/2 – ton truck for the Waste Water Department. Jose noted that, at the 2022 budget sessions, the City Council reviewed the equipment replacement schedules and vehicles that were budgeted to be replaced. Jose noted that, when purchasing equipment, the City has several options based on State statues. Jose stated that the city tries to purchase directly from a local vendor, from an already awarded contract, from State list, or from a purchasing agency. Jose noted the 4x4 ½ -ton truck for the Waste Water Department was available through State bid for $29,389, Sourcewell for $31,792.14, and Vermillion Ford for $29,389. 365-21 After reading the same once, Council Member Willson moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A 4x4 ½ - TON PICKUP TRUCK WHEREAS, SDCL 5-18A-22(19) authorizes a governmental entity to purchase any piece of equipment involving the expenditure of less than $50,000 without going to bid; and WHEREAS, the City of Vermillion approached the local dealer, Vermillion Ford, to see if the City could purchase a 2022 Ford F150 4x4; and WHEREAS, after the prices from the local dealer were compared with the State contract price it was found that the local dealer’s price was comparable to the State’s contract price. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2022 Ford F150 4x4 for $29,389.00 from Vermillion Ford of Vermillion, South Dakota. Dated at Vermillion, South Dakota this 1st day of November, 2021. 15 FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Kelsey Collier-Wise, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Humphrey. 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 of the resolution. Mayor Collier-Wise declared the motion adopted. I. Resolution authorizing the purchase of a ½-ton truck for the Police Department Jose Dominguez, City Engineer, reported on the purchase of a ½-ton truck for the Police Department. Jose noted that, at the 2022 budget sessions, the City Council reviewed the equipment replacement schedules and vehicles that were budgeted to be replaced. Jose noted that, when purchasing equipment, the City has several options based on State statues. Jose stated that the city tries to purchase directly from a local vendor, from an already awarded contract, from State list, or from a purchasing agency. Jose noted that the ½-ton truck for the Police Department was available through State bid for $37,351, Sourcewell for $42,886.68 and Vermillion Ford for $37,351. 366-21 After reading the same once, Council Member Price moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A POLICE ½ - TON PICKUP TRUCK WHEREAS, SDCL 5-18A-22(19) authorizes a governmental entity to purchase any piece of equipment involving the expenditure of less than $50,000 without going to bid; and WHEREAS, the City of Vermillion approached the local dealer, Vermillion Ford, to see if the City could purchase a 2022 Ford F150 Responder Pursuit Rated; and 16 WHEREAS, after the prices from the local dealer were compared with the State contract price it was found that the local dealer’s price was comparable to the state’s contract price. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2022 Ford F150 Responder Pursuit Rated for $37,351.00 from Vermillion Ford of Vermillion, South Dakota. Dated at Vermillion, South Dakota this 1st day of November, 2021. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Kelsey Collier-Wise, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Ward. 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 of the resolution. Mayor Collier-Wise declared the motion adopted. J. Resolution authorizing the purchase of a street sweeper for the Street Deparment Jose Dominguez, City Engineer, reported on the purchase of street sweeper for the Street Department. Jose noted that, at the 2022 budget sessions, the City Council reviewed the equipment replacement schedules and vehicles that were budgeted to be replaced. Jose noted that, when purchasing equipment, the City has several options based on State Statues. Jose stated that the city tries to purchase directly from a local vendor, from an already awarded contract, from State list, or from a purchasing agency. Jose noted that for the street sweeper for the Street Department staff would like to use a Sourcewell bid awarded to the Elgin Sweeper Company for the purchase of a 2022 Elgin Pelican sweeper at a cost of $223,830. 367-21 After reading the same once, Council Member Holland moved adoption of the following: 17 RESOLUTION AUTHORIZING THE PURCHASE OF A STREET SWEEPER WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to participate in cooperative purchasing agreements and conduct purchasing transactions under a joint agreement in this or any other state; and WHEREAS, the City of Vermillion has reviewed and determined that the Sourcewell price of $223,830 for a 2022 Elgin Pelican Sweeper offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Sanitation Products, Inc. of Sioux Falls, South Dakota and they have agreed to allow the City to purchase one street sweeper for the awarded price and terms as they have contracted with Sourcewell. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2022 Elgin Pelican for $223,830 from Sanitation Products, Inc. of Sioux Falls, South Dakota. Dated at Vermillion, South Dakota this 1st day of November, 2021. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Kelsey Collier-Wise, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Ward. 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 of the resolution. Mayor Collier-Wise declared the motion adopted. K. Request of parking removal on the east side of Dakota Street from the SCSC loading dock North to the Dakota Dome loading dock on Thursday, November 11th and Friday, November 12th from 6:00 a.m. to 10:00 p.m. for the SDHS Football Championship games and the USD Men’s Football Game. Stone Conley, Assistant to the City Manager, reported on the closure of North Dakota Street from the Sanford Coyote Sports Center (SCSC) loading 18 dock to the Dakota Dome loading dock on Thursday, November 11 and Friday, November 12, 2021 for the South Dakota High School Football Championships. Stone noted that the University of South Dakota’s Athletics Department has requested that no parking be allowed on the east side of N. Dakota Street starting at the Sanford Coyote Sports Center loading dock going north to the Dakota Dome loading dock for the State Football Championship games. Stone stated that this request allows teams to utilize the area as a team bus drop off/pick-up location on Thursday, November 11 and Friday, November 12, 2021 from 6:00 a.m. until 10:00 p.m. 368-21 Council Member Willson moved approval of the parking removal on the east side of Dakota Street from the SCSC loading dock North to the Dakota Dome loading dock on Thursday, November 11th and Friday, November 12th from 6:00 a.m. to 10:00 p.m. for the SDHS Football Championship games and the USD Men’s Football Game. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 9. Bid Openings A. Fuel Quotes Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of Gerstner Oil on Item 1, 2, 3, and 4. Item 1 - 4,350 gal unleaded 10% ethanol: Brunick Service $2.85, Gerstner Oil $2.7571, Jerry’s Service $3.19, Stern Oil $2.7981,; Item 2 – 3,000 gal No. 1 & 2 Diesel fuel dyed average price: Brunick Service $2.90, Gerstner Oil $2.8157, Jerry’s Service $3.13, Stern Oil $2.8761; Item 3 - 1,000 gal No. 1 & 2 diesel fuel-clear average price: Brunick Service $3.19, Gerstner Oil $3.0676, Jerry’s Service $3.67, Stern Oil $3.1211 369-21 Council Member Price moved approval of the low quotes of Gerstner Oil on Items 1, 2, 3, and 4. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 10. City Manager's Report A. John noted as a reminder that leaves should not be swept or blown into the street as a means of disposal. This can lead to clogged drainage for neighbors and/or the storm sewer system. B. John reported that there is one opening on the Historic Preservation Commission. It is for a three-year term. The applicant for this opening 19 does need to own property in one of the existing historic districts in the city limits. C. John reported that two terms on Business Improvement District #1 (BID #1) are expiring in November. This BID Board works with the $2 per night, per occupied hotel room fee. Individuals interested in serving on this Board are asked to submit an Expression of Interest form by 5:00 p.m. on Thursday, November 11th with anticipation that the City Council will make appointments at the November 15th meeting. D. John noted that the Historic Preservation Commission is meeting on Wednesday, November 3rd at 9:00 a.m. at City Hall. E. John noted that the Human Relations Commission is meeting on Thursday, November 4th at 7:00 p.m. at City Hall. F. John stated that the committee working on the Law Enforcement Center proposal is having a public meeting on Wednesday, November 3rd at 6:30 p.m. in the Kozak room at the Edith B. Siegrest Vermillion Public Library. G. John stated that the Planning Commission will meet on Monday, November 8th at 5:30 p.m. Items on their agenda include a rezoning of Barstow Park to facilitate a school, change in the definition of a public service facility to allow for a jail, and amend General Industrial zoning to allow for a public service facility as a conditional use. H. John noted that City offices are closed on Thursday, November 11th for Veterans Day. Curbside recycling collection on November 11th will take place on Monday, November 15th. PAYROLL ADDITIONS AND CHANGES Garage: Robert Kneeland $19.00/hr; Wastewater: Nicholas Anglin $18.26/hr, Mike Watterson $19.01/hr; Landfill: Jordyn Mockler $15.41/hr Volunteer Firefighter: Caleb Nadeau 11. Invoices Payable 370-21 Council Member Price moved approval of the following invoices: ADVANTAGE ARCHIVES, LLC DIGITIZATION ROLL FILM 9,850.00 AMAZON BUSINESS SUPPLIES 101.38 APCO INTERNATIONAL MEMBERSHIP DUES 600.00 APPEARA SHOP TOWELS 45.00 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 510.45 ARROW MANUFACTURING INVERTER/CHARGER 1,971.00 20 AVERA OCCUPATIONAL MEDICINE TESTING 66.00 BARKLEY ASPHALT ASPHALT 733.26 BLACKSTONE PUBLISHING BOOKS 277.09 BOBS SINCLAIR SERVICE TIRE PATCH 11.07 BORDER STATES ELEC SUPPLY UNIFORMS 3,637.33 BOUND TREE MEDICAL, LLC SUPPLIES 1,900.86 BROADCASTER PRESS ADVERTISING 95.00 BUILDING MAINTENANCE COMPANY MOWING 540.00 BURNS & MCDONNELL PROFESSIONAL SERVICES 25,905.70 BUTLER MACHINERY CO. PARTS 50.79 CAPITAL ONE CHARGES 1,014.77 CASK & CORK MERCHANDISE 321.50 CHAD PASSICK MEALS REIMBURSEMENT 70.00 CHAMBERLAIN OIL CO ANTI-FREEZE 318.75 CITY OF SIOUX FALLS TESTING 58.00 CITY OF VERMILLION POSTAGE/COPIES 1,164.80 CITY OF VERMILLION UTILITY BILLS 38,273.85 CMOORE PIT SERVICE PORTA-POT RENTAL 187.50 COLONIAL LIFE ACC INS. INSURANCE 3,217.84 CORDICO INC WELLNESS APP 14,400.00 CORE & MAIN LP PARTS 5,463.93 CORNHUSKER INTERNATIONAL TRUCK SUPPLIES 779.40 CRYSTAL BRADY MEALS REIMBURSEMENT 34.00 DAKOTA BEVERAGE MERCHANDISE 8,384.98 DAKOTA PC WAREHOUSE MONITORS/FUSES 299.94 DAWN LADUCER REFUND PARKING TCKT OVERPMT 5.00 DEB DEROCHER MEALS/MILEAGE REIMBURSEMENT 294.96 DELTA DENTAL PLAN INSURANCE 5,953.14 DENNIS MARTENS MAINTENANCE 833.34 DIAMOND VOGEL PAINTS PARTS 75.60 DIVISION OF MOTOR VEHICLE LICENSE PLATE REASSIGNMENT FEE 5.00 DOOLEY ENTERPRISES, INC SUPPLIES 3,337.15 DUBOIS CHEMICALS SODA ASH 14,641.00 ECHO ELECTRIC SUPPLY SUPPLIES 1,019.88 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,225.60 ESO SOLUTIONS, INC SOFTWARE/MAINTENANCE 2,731.69 FASTENAL COMPANY SUPPLIES 213.29 FRIENDS OF SCHLESWIG FIRE CYLINDERS 3,000.00 GEOTEK ENGINEERING TESTING 3,590.00 GLOBAL EQUIPMENT COMPANY SCRATCH RESISTAND DOOR CURTAINS 2,736.79 GRAHAM TIRE CO. TIRES 1,391.88 GRAYMONT (WI) LLC CHEMICALS 4,169.08 GREENING VERMILLION ADOPT-A-DRAIN INLET PAINTING 500.00 21 GREGG PETERS RENT 937.50 HARTINGTON TREE LLC TREE REMOVAL 500.00 HEARTLAND HUMANE SOCIETY PROFESSIONAL SERVICES 310.00 HEIMAN FIRE EQUIPMENT FIRE FIGHTER EQUIPMENT 2,461.11 HELMS & ASSOCIATES PROFESSIONAL SERVICES 21,195.65 HY VEE FOOD STORE CAKE 36.99 IMS ALLIANCE NAME TAGS 27.50 IN CONTROL, INC RADIO/PLC EQUIPMENT 9,278.88 INGRAM BOOKS 1,679.86 INTL ASSOC OF FIRE CHIEFS MEMBERSHIP DUES 215.00 JAMES TRACY REFUND REC TUMBLING FEE 30.00 JIM GOBLIRSCH MEALS REIMBURSEMENT 37.00 JOHN A CONKLING DIST. MERCHANDISE 2,576.15 JOHNSON BROTHERS OF SD MERCHANDISE 10,187.87 JONES FOOD CENTER SUPPLIES 768.25 JP COOKE CO DOG LICENSE TAGS 60.90 K & M TIRE PARTS 174.51 KNIFE RIVER MIDWEST, LLC ASPHALT 724.75 LAYNES WORLD PLAQUE/NAME PLATE 60.50 LOFFLER COPIER CONTRACT/COPIES 153.39 MART AUTO BODY & MARINE LLC TOWING 300.00 MATHESON TRI-GAS, INC MEDICAL OXYGEN/CYLINDER RENTAL 666.66 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 2,303.00 MEAD LUMBER MATERIALS 115.93 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 132.22 MEREDITH BOOKS BOOKS 33.91 MH EQUIPMENT COMPANY REPAIRS 213.49 MICHAEL WATTERSON REFUND OPERATOR CERT EXAM FEE 61.50 MICRO MARKETING LLC BOOKS 54.98 MIDCONTINENT COMMUNICATION INTERNET SERVICE 88.00 MIDLAND CONTRACTING, INC STORM SEWER INSTALLATION 476,655.57 MIDWEST ALARM CO ALARM MONITORING 162.00 MIDWEST READY MIX & EQUIPMENT RED ROCK/FLOWABLE FILL 634.00 MIDWEST TURF & IRRIGATION PARTS 1,151.14 MINN MUNICIPAL UTILITY ASSOC 4TH QTR SAFETY MGMT PROGRAM 6,712.50 MISSOURI RIVER ENERGY SERVICEs REGISTRATION FEE 100.00 MISSOURI VALLEY MAINTENANCE REPAIRS 1,150.70 MOTOROLA INC PORTABLE RADIOS 23,112.30 NATHAN STUESSY REIMBURSEMENT 90.81 NCL OF WISCONSIN, INC CHEMICALS 98.50 NETSYS+ PROF SERVICES/SUBSCRIPTION 4,880.25 NORTHERN TOOL & EQUIPMENT BANNON HOSE REEL 787.60 O'REILLY AUTO PARTS PARTS 544.66 22 OMAHA WORLD HERALD SUBSCRIPTION 238.99 PCC, INC COMMISSION 5,203.11 PHELPS WORK SHIRTS/CAPS 596.85 PIZZA RANCH PIZZA 34.36 POSM SOFTWARE CAMERA SUPPORT CONTRACT 2,000.00 POWERPHONE, INC REGISTRATION 129.00 PRO HYDRO-TESTING LLC TESTING 1,860.00 PROCHEM DYNAMICS SUPPLIES 122.09 PROPET DISTRIBUTORS LITTER/TRASH LINER BAGS 242.65 QUADIENT LEASING USA, INC POSTAGE METER LEASE 234.24 QUALITY MOTORS ALIGNMENTS 154.50 QUILL SUPPLIES 353.27 RACOM CORPORATION MAINTENANCE 432.70 REDI TOWING TOWING 75.00 REEL SHARP SHARPENING 2,000.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 3,638.50 RESCO TRANSFORMERS 47,674.00 ROUNDS CONSTRUCTION LANDFILL CELL 6 336,018.74 RS PLUMBING SERVICES REPAIRS 1,200.00 RUNNING SUPPLY, LLC SUPPLIES 1,674.68 SANFORD HEALTH OCCUPATIONAL TESTING 49.00 SANFORD HEALTH PLAN PARTICIPATION FEES 51.00 SANFORD USD MEDICAL CENTER SUPPLIES 962.09 SANITATION PRODUCTS INC PARTS 662.08 SCHWARTZLE CONSTRUCTION LLC DOWNTOWN STREETSCAPE 103,518.54 SD DEPT OF HEALTH TESTING 1,777.00 SD HUMANITIES COUNCIL PROFESSIONAL SERVICES 50.00 SD LOTTERY LICENSE RENEWAL 100.00 SD POLICE CHIEFS ASSOCIATION PROFESSIONAL SERVICES 490.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 88,139.74 SD SECRETARY OF STATE NOTARY FILING FEE 30.00 SECURITY SHREDDING SERVICE SHREDDING 35.00 SERVICE MASTER OF SE SD CUSTODIAL 3,703.59 SIOUX EQUIPMENT PART 10.26 SOUTH DAKOTA 811 LOCATES 354.90 SOUTHERN GLAZER'S OF SD MERCHANDISE 2,401.15 STOCKWELL ENGINEERS, INC PROFESSIONAL SERVICES 46,637.74 STRYKER SALES CORPORATION MAINTENANCE AGREEMENT 306.00 STUART C. IRBY CO. SUPPLIES 431.00 STURDEVANTS AUTO PARTS PARTS 256.74 SYNCB/AMAZON BOOKS/DVDS/SUPPLIES 577.67 THE UPS STORE #6751 SHIPPING 7.12 THE WALKING BILLBOARD FLEECE JACKETS 232.50 23 TITLEIST-ACUSHNET COMPANY MERCHANDISE 580.97 TRUE FABRICATIONS MERCHANDISE 104.40 TURNER EXCAVATION REPAIRS 1,530.62 TWO WAY SOLUTIONS REPAIRS 210.00 TYLER TECHNOLOGIES BAR CODE SCANNER MAINTENANCE 970.12 TYLER TRAGESER MEALS REIMBURSEMENT 22.00 UNITED LABORATORIES SUPPLIES 334.50 UNITED WAY CONTRIBUTIONS 945.75 UNUM LIFE INSURANCE COMPANY INSURANCE 1,460.89 USA BLUEBOOK CHEMICALS 1,616.74 USD SPEECH & HEARING CLINIC EVALUATION 150.00 UTILITY EQUIPMENT CO. SEWER CAPS 521.26 VALIANT VINEYARDS MERCHANDISE 185.70 VAST BROADBAND E911 CIRCUIT 1,365.50 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 2,414.66 VERMILLION ACE HARDWARE SUPPLIES 648.33 VERMILLION CHAMBER OF COMMERCE BLISS POINTE-PHASE 2/BID 268,073.45 VISA/FIRST BANK & TRUST CHARGES 7,650.72 WALKER CONSTRUCTION INC REPAIRS 402.90 WEBSTER SCALE, INC HANGAR TAXILANE IMPROVEMENTS 323,366.66 WESCO DISTRIBUTION, INC PARTS 1,101.56 YANKTON FIRE & SAFETY FIRE EXTINGUISHER INSPECTION 2,003.00 YANKTON JANITORIAL SUPPLY SUPPLIES 112.00 ZEE MEDICAL SERVICE SUPPLIES 68.95 ZIMCO SUPPLY CO FERTILIZER/CHEMICALS 7,500.00 DENNIS NELSEN BRIGHT ENERGY 200.00 DEBBRA SCHULTZ BRIGHT ENERGY 200.00 TERRI NIELSON BRIGHT ENERGY 225.00 ROI ENERGY INVESTMENTS,LLC BRIGHT ENERGY 1,480.00 MIKE RUMELHART BRIGHT ENERGY 200.00 SHERRY HOWE BRIGHT ENERGY 30.00 PEGGY AMANT BRIGHT ENERGY 200.00 PATSY O'NEAL BRIGHT ENERGY 350.00 RIAN MERRIGAN BRIGHT ENERGY 325.00 AUSTIN CHICOINE BRIGHT ENERGY 325.00 GERRY EVANS BRIGHT ENERGY 425.00 LEO POWELL BRIGHT ENERGY 325.00 KALINS INDOOR COMFORT BRIGHT ENERGY 500.00 OMPRAKASH THANGAVELU BRIGHT ENERGY 25.00 Council Member Willson seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 24 12. Consensus Agenda A. Set a public hearing date of November 15, 2021 for annual liquor and wine license renewals 371-21 Council Member Price moved approval of the consensus agenda. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier- Wise declared the motion adopted. 13. Executive Session - Legal Matter per SDCL 1-25-2(3) 372-21 Council Member Price Moved to go into Executive Session for legal matters at 7:39 p.m. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. Mayor Collier-Wise declared the Council out of Executive Session at 7:49 p.m. 14. Adjourn 373-21 Council Member Ward moved to adjourn the Council Meeting at 7:50 p.m. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 1st day of November, 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 ___________. 25

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