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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · December 6, 2021

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Minutes

Unapproved Minutes Council Special Session December 6, 2021 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, December 6, 2021, at 12:00 noon in the Jack Powell Conference Room – City Hall. 1. Roll Call Present: Hellwege, Humphrey, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise Absent: Holland 2. Adoption of Agenda 397-21 Council Member Price moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 3. Visitors to be Heard 4. Educational Session- Prentis Plunge & Bluff Golf Course Rates- Jim Goblirsch Jim Goblirsch, Parks and Recreation Director, reported on proposed fee changes for Prentis Plunge. Jim noted that the number of passes purchased in 2021 was 1,719 and of those passes 784 were preseason sales and 70 passes utilized one of the Department of Social Services approved discounts. 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 stated that the discounts and assistance for pool passes will not change. Discussion followed. Jim reported on the Golf course rate increases. Jim noted that there will be a 3% increase for daily golf and season passes. Jim stated that the Golf Advisory Board met on November 22nd and approved the rate increase. 5. Educational Session – Police Department resiliency training – Chief Matt Betzen Matt Betzen, Chief of Police, reported on the resiliency training that the Department is utilizing. Chief Betzen noted that resiliency is the key to supporting and empowering our officers and the Vermillion Police 1 Department is shifting their culture to reflect that. He noted that there are many factors in law enforcement reform such as what happens in larger cities, regional perceptions, and our current officers. Chief Betzen went over the different changes the Department has made and future programs he would like to see. Discussion followed. 6. Briefing on the December 2, 2021, City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Adjourn 398-21 Council Member Ward moved to adjourn the Council special session at 1:20 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 6th day of December 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 December 6, 2021 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on December 6, 2021, at 7:00 p.m. by Mayor Collier- Wise. 1. Roll Call Present: Hellwege, Humphrey, Letellier, Price, Ward, Willson, Mayor Collier-Wise, USD SGA Representative Keandra Rhead Absent: Holland, Jennewein (Arrived at 8:29 p.m.) 2 2. Pledge of Allegiance 3. Minutes A. Minutes of November 15, 2021, Special Meeting and November 15, 2021, Regular Session 399-21 Council Member Ward moved approval of the November 15, 2021, Special Meeting and November 15, 2021, regular session minutes. Council Member Price seconded the motion. Motion carried 7 to 0. Mayor Collier-Wise declared the motion adopted. 4. Adoption of Agenda 400-21 Council Member Price moved approval of the agenda. Council Member Wilson seconded the motion. Motion carried 7 to 0. Mayor Collier-Wise declared the motion adopted. 5. Visitors to be Heard A. Keandra Rhead, University of South Dakota Student Government Association (SGA)representative, introduced herself as the new student representative for the City Council. Keandra is the College of Arts and Science Senator for SGA. Keandra is a junior at USD majoring in Political Science and Criminal Justice with minors in History and Russian studies. 6. Public Hearings A. First reading of Ordinance 1450 to amend Title XV Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Lot 1, Block 1, Bliss 2nd Addition, City of Vermillion, Clay County, South Dakota from NRC- Natural Resource Conservation District to the GB-General Business District. (Valiant Vineyards property at 1500 W. Cherry Street) Jose Dominguez, City Engineer, reported on the first reading of Ordinance No. 1450 to amend Title XV land usage; Chapter 155 Zoning regulations; Section 155.026 rezoning Lot 1, Block 1, Bliss 2nd Addition. Jose noted that the City received a petition to rezone this area from Mr. Eldon Nygaard on behalf of Valiant Vineyards (Winery) on November 1st. Jose stated that the Winery is requesting that their property at 1500 West Main Street be rezoned from NRC Natural Resource Conservation District to GB General Business District. Jose noted that the area being considered is adjacent to a residential district to the east, agricultural land to the south, NRC district to the northwest (across West Main Street) and to the Bliss Pointe PDD to the northeast (across 3 West Main Street). Jose stated that this property was annexed into the City in September 2011 at the request of the owner and when a property is annexed into the City, it is automatically placed in the NRC Natural Resource Conservation District. Jose noted that the Winery recently obtained the required signatures from property owners within 250-feet from his property to bring the rezoning request forward for consideration. Jose stated that the Planning and Zoning Commission reviewed the rezoning request at their November 22, 2021, meeting and unanimously recommended approval of the request. Jose noted that the land being considered for rezoning is not directly adjacent to a GB zone, it is directly across from the Bliss Pointe PDD Area “D” which allows for “light commercial uses.” Jose noted that Area “D” was intended to function as a buffer between the GB district at the corner of West Main and Stanford Streets and the rest of the residentially zoned areas of Bliss Pointe. Jose noted that the Winery fits within a variety of uses. These are a specialty hotel, retail, restaurant, and on/off-sale alcoholic beverage establishment. Jose stated that the Winery produces its own wine on site of roughly 100 barrels (or 6,000 gallons). Jose noted that the City currently does not have a specific use allowing for wineries, brew pubs, or micro-breweries; however, in this instance the amount of wine produced is minimal compared to those allowed in other communities in South Dakota. 401-21 Mayor Collier-Wise read the title to the above-mentioned Ordinance and Council Member Wilson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1450 entitled An Ordinance to amend Title XV land usage; Chapter 155 Zoning regulations; Section 155.026 rezoning Lot 1, Block 1, Bliss 2nd Addition of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 6th day of December, 2021 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Hellwege. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Collier-Wise declared the motion adopted. B. First reading of Ordinance 1452 to rezone properties located north of W. Cherry Street, west of the west city limits, south of the South Dakota Highway 50 bypass, and east of the Vermillion River from A-1 Agricultural to HI Heavy Industrial (the property is addressed as 1919 W. Cherry Street and known as the Ag Opportunities property) 4 Jose Dominguez, City Engineer, reported on the first reading of Ordinance No. 1452 to rezone properties located north of W. Cherry Street, west of the city limits, south of South Dakota Highway 50 bypass, and east of the Vermillion River from A-1 Agricultural to HI Heavy Industrial. Jose stated that the County received this petition to rezone approximately 43.1 acres east of the Vermillion River between the SD Hwy. 50 Bypass and West Cherry Street. Jose stated that the applicant is requesting that the land be rezoned from the A-1: Agricultural District to HI: Heavy Industrial District. Jose noted that the applicant states that the intent of the rezoning request is to continue using the property as he has with the existing grain elevator and rail spurs. Jose reported that the original ordinance for the Joint Jurisdictional Zoning Area (JJZA) was adopted by the County and the City in 2012. Jose noted that the ordinance was created with the intent to allow the County and the City to have a say in existing, and proposed, land uses in an area that would directly impact the City’s growth. Jose stated that the JJZA tries to maintain the rural characteristics of the surrounding area, while allowing for some light development. Jose noted that the ordinance’s intent, based on the adopted comprehensive plan for the JJZA, is to direct development towards areas within City limits, or areas that can be annexed by the City and serviced with municipal infrastructure. Jose noted that, prior to the JJZA, the City exercised extraterritorial zoning outside of the City limits, as such, parts of the area being considered today were zoned in the light industrial zoning district which allows agricultural uses and light manufacturing uses. Jose noted that, when the City and the County entered into the JJZA, this area was placed into the A-1: Agricultural zoning district. Jose noted that, although there were several public meetings (i.e., two meetings for the adoption of the JJZA comprehensive plan and three meetings for the adoption of the JJZA zoning ordinance), none of the meeting minutes for these meetings indicate that this property was specifically discussed. Jose reported that currently this property is being used as a grain elevator. This use was allowed in the previous ordinance’s L-1 Light Industrial district (from 1968 to 2012); however, the old district did not specifically call out for a “grain elevator” or for a “grain terminal/grain processing facility” under the allowable uses. City Staff believes that the existing “grain elevator” use was considered a type of light manufacturing and thus the area was zoned into the L-1 Light Industrial district. Jose stated that, in 2012 when the County and the City adopted the current JJZA zoning ordinance, this area was zoned into the A-1: Agricultural district. Jose noted that the decision to locate the property within this district was made by both the County and the City. Jose stated that based 5 on the minutes from the meetings, it does not appear that this particular property was discussed in any detail; however, the County and the City reviewed and adopted a zoning map that showed the area as being in the A-1: Agricultural district. Jose noted that the JJZA’s comprehensive plan, which was also adopted and reviewed by the County and the City, shows portions of this area as either residential or commercial. Jose stated that the JJZA’s comprehensive plan and zoning ordinances were discussed extensively by both bodies, individually and collectively. Jose noted that there are a couple of issues that the applicant is trying to resolve; first, the existing use as a “grain elevator” is not specifically listed in the current A-1: Agricultural district, and secondly the existing A-1: Agricultural zoning does not allow as many possible uses as the previous extraterritorial zoning of light industrial. Jose noted that rezoning the area into the HI: Heavy Industrial district will offer too many possibilities for development that will not be compatible with the existing neighboring residential uses. Jose stated that, if the concern is that the existing use might not be allowed, City Staff believe that the existing use could be considered an “agribusiness,” which is allowed in the A-1: Agricultural district. Jose noted that, if considering a “grain elevator” as an agribusiness is not acceptable, then the A-1: Agricultural district should be amended to include the “grain terminal/grain processing facility” use. Jose stated that the existing use may continue, by ordinance, as a “non-conforming” use even if the property were to be sold, if the use has continued without interruption longer than one year. Jose noted that these options have been discussed by City Staff with the applicant and/or with the County. Jose stated that the City Planning and Zoning Commission considered this item at a joint meeting with the County Planning Commission on November 16th. Jose noted that, at that meeting, the County Planning Commission unanimously recommended approval of the rezone to their governing body, while the City’s Planning and Zoning Commission recommended 6-2 to deny the rezone request. Jose noted that a prior motion from the City’s Planning and Zoning Commission did not advance for lack of a second. Jose noted the motion that did not advance recommended that the City Council approve the rezone request. Jose read three letters received from community members: Teramie Hill, 1413 Cornell, wrote that she recently moved to the area and if this zone change would be approved property value would decrease. She stated that there would be more traffic and pollution which would be too close to the City. Teramie stated that Heavy Industrial is not recommended in areas near residential and this should not be considered. 6 Andy Hill, 1413 Cornell, wrote concerned about the rezoning and was unsure if the County has shared any information with the City about the rezone. Andy recently moved to the Bliss Pointe area and does not want this application to change the zoning due to the likely devaluation of their property in addition to unwanted nesciences. Craig Thompson, 1416 Rockwell, wrote that he could not attend tonight’s meeting due to a conflict, but he wanted to voice his concerns about this rezoning ordinance. Mr. Thompson stated that there is a concern of the unknown of what will come in if this rezone is adopted. He noted that his solution for Mr. Myron could entertain purchase offers for this location with a contingency that any sale is contingent on zoning approval. Kevin Myron, the applicant, stated that Ag Opportunities has been in business for 5 decades and the zoning for his property being discussed was changed from the old Light industrial district to A-1 without being notified. Mr. Myron stated that his current zoning is in direct conflict with JJZA section 2.07. He stated that his business is currently out of compliance and unsellable. Mr. Myron noted that he found an error and a problem and would like to fix this. Terrence Brady, 1882 Constance Drive, noted that he has nothing but good things to say about the Myrons and they have a great business. Brady stated that he is concerned that if this is rezoned to Heavy Industrial his property value will decrease and there could be noise and air pollution concerns in the future. Dave Hertz, 31332 Bluff Road, stated that he is the owner of Midwest Ready Mix and the trailer court near Bunyans and is on his third term on the Development company. Mr. Hertz noted that the thing that bothered him was that the Myrons did not know about this zoning change. He stated that this is a mistake on someone’s part on how this change was going to affect this property. He stated that the City needs to work on helping the people already here and have had business in the City for so long. Dennis Johnson, 1864 Constance Drive, stated that he is unsure how the Myrons can be treated fairly and there is an issue of fairness that needs to be worked on. Mr. Johnson has no objection on someone wanting to improve their position and enhance their wealth and the wealth of the community, but it should not be done at his or his neighbor’s expense. He noted that his property value will decline if Heavy Industrial is approved. Drew Gunderson, Clay Co Zoning Administrator, stated that the Clay County Commission is asking the City to advance the first reading to have a joint meeting to discuss the issue further. 7 Craig Myron, applicant’s father, stated that he started the fertilizer plant and grain elevator and has run this business for 35 years. He built this business to help the City of Vermillion and himself. He has paid a lot of taxes and is disappointed about how the zoning was changed without notifying him. Mr. Myron stated that the notice from 2012 is a joke and everyone should be notified in writing if their zoning is to be changed. He stated that someone made an error and this meeting should not be happening. Kathy Olson, formerly at 1900 Constance Drive and currently at 1501 Rockwell Trail, stated that there is a right thing to do, and the City and County need to work together to make this wrong a right. Heavy Industrial has too many possibilities for things that could lower property value. Kelly Person, 1330 Over Drive, has no problem with the grain elevator and should put it back to Light Industrial and allow for a grain elevator. She stated that her property is directly attached to this property. Darwin VanDenOever, 1900 Constance Drive, stated that he was at the joint Planning and Zoning meeting and feels that the applicant has been wronged. He stated that it is too bad this happened ten years ago, and we are just catching up to it now. Mr. VanDenOever has no problem with the business there now, but he does not want heavy industrial with such a broad array of things that could go in there that they cannot control. He stated that the City and County need to work together to make this right so this man can continue to do business. Mayor Collier-Wise stated that she is disappointed with where this is at right now. The end of last week (December 3rd) there was a request from the applicant to move this into Light Industrial with a piece for grain terminal and those types of businesses. As of this morning, Mayor Collier-Wise spoke with the applicant and she believed that was going to be requested. At the noon meeting, the Council discussed the level of comfort with that area going to Light Industrial, but currently we are talking about Heavy Industrial, and we will have to vote on that. As for the comments about Light Industrial she does not disagree, but that is not what we are going to have to vote on. Heavy Industrial is what is at the table and was not withdrawn by the applicant, therefore, that is what the Council will have to vote on. Council Member Price stated that if the City would like to retain the zoning that was there before, the top portion would remain A-1 and the bottom portion Light Industrial. That would be the most equitable thing if the point is to retain the zoning that was there before when they were notified. Mayor Collier-wise stated that the owner would have to reapply. 8 Council Member Ward stated that he appreciates everyone coming and discussing this tonight. He stated that he has been talking to Kevin Myron about this for the last several days to find a solution. He stated that he is not in favor of the Heavy Industrial. He noted that the language that was printed in the JJZA agreement is not great as there cannot be two definitions for one zone. Unfortunately, what we are voting on tonight is Heavy Industrial and he would have to vote no on that. Scott Schempp, 1800 Vonnie, asked if this were to change to Light Industrial (LI) would there still have to be another change to LI in order for the current business to run. Mayor Collier-Wise stated yes there would have to be a change there. Council Member Humphrey thanked everyone for the comments, phone calls, and emails stating all of that is very helpful to get more input from the community. Light Industry is the way to go, but unfortunately that is not what is being voted on in which he will have to vote no. Council Member Willson stated that he was on the Council in 2012 and he did not catch that this had happened. He stated that he cannot vote for Heavy Industrial, but Light Industrial would be the way to go down the road. Council Member Hellwege thanked everyone for being here and the Myrons for everything they have done for the community. Hellwege stated that the Council does not like to put Heavy Industrial right next to residential zones. There is a compromised solution, but the applicant will have to re-apply for Light Industrial in 6 months, if there is the correct amount of time he has. John Prescott, City Manager, noted that when he consulted with the City Attorney about Chapter 14.04 (C) of the JJZA agreement, if the County and City both deny it, he cannot reapply for 6 months. If one of the bodies approved it, then the Myrons would be able to apply again before the 6 months. Council Member Price asked for clarification on processes in the JJZA. John Prescott, City Manager, stated that this is staff’s interpretation of it as of right now and Brent Matter, City Attorney, can concur. Even if they do that there is still some cleanup work the City and County would have to do. Brent Matter, City Attorney, concurred with City Manager Prescott on the interpretation and he would point out that a Light Industrial would not be the same as a Heavy Industrial application. 9 Council Member Price asked if this were to fail tonight to move to High Industrial what would be the process to get an application for Light Industrial and change what is needed to be changed. John Prescott, City Manager, noted that the simplest thing would be for Clay County, as the Administrator of the JJZA zoning, to initiate a government body rezoning. The County could initiate a zoning request to change this piece of property to Light Industrial after discussing with the Myrons and all involved. The application and language change would require publication of a legal notice ten days in advance of the joint meeting. The City’s practice would be one Monday the Planning and Zoning Commission would vote on something and the next Monday the Council will act on it. He stated that he cannot talk of the County’s processes because he is not aware of their practices. Ordinance readings must be read five days apart. The first reading would be a separate meeting and the second reading would be a joint meeting with the County. There will be a double publication of when it will happen. With all of that, it would be a 4- to-6-week time frame. Council Member Letellier asked is this land is considered one contiguous property or could it be split. Jose Dominguez, City Engineer, stated that the Myrons could split it into as many different zones if they wanted it zoned that way. Council Member Hellwege stated that she asked Jose about the allowable uses under Light Industrial. While one solution is to change the A-1 conditions the Light Industrial it is not only a compromise but would also keep things located inside of the building itself and not cause any outside pollutants to happen. Kevin Myron, Applicant, stated that Heavy Industrial was the only choice he had to apply for, for what his business currently is. Mr. Myron wanted to talk in front of the Council to discuss this and he felt he was not able to talk to them. He wanted to have the same conversation and he knows not everyone knows their plans or intent from the application. Mr Myron did not know what was going on and why conversations stopped when he was trying to sell or lease this property and then he realized it was re-zoned. He feels that there is an error and would like to bring the zoning back to what it originally was. He stated that if he knew the Council would agree to bring back the zoning to what it was, he would gladly drop the High Industrial Zoning request. Mayor Kelsey Collier-Wise stated that there are a lot of other agenda items, and we need to be respectful of their time as well. Mayor Collier- Wise stated that when she discussed this with the applicant, he stated one thing and now he is requesting a completely different thing. She 10 stated that the letter presented to the Council and the previous conversations is not what Mr. Myron is presenting right now. 402-21 Council Member Letellier moved to deny the first reading of Ordinance No. 1452 to rezone properties located north of W. Cherry Street, west of the west city limits, south of the South Dakota Highway 50 bypass, and east of the Vermillion River from A-1 Agricultural to HI Heavy Industrial. The motion was seconded by Council Member Hellwege. A Motion carried 7 to 0. Mayor Collier-Wise declared the motion denied. C. First reading of Ordinance 1449 to amend Title XV, Land Usage; Chapter 158 Medical Cannabis; Section 158.02 Definitions to clarify the definition for medical cannabis dispensary and medical cannabis establishment Stone Conley, Assistant to the City Manager, reported on the first reading of Ordinance No. 1449 to amend Title XV, Land Usage; Chapter 158 Medical Cannabis; Section 158.02 Definitions to clarify the definition for medical cannabis dispensary and medical cannabis establishment. Stone noted that Ordinance No. 1434 was adopted at the May 27, 2021, City Council meeting to establish medical cannabis regulations in response to Initiated Measure 26 adopted in November 2020. Stone stated that the ordinance included a “Definitions” section and Staff recently realized that there were two definitions of “Medical Cannabis Establishment” in the final version that was adopted. Stone noted that one of the definitions mirrored the State’s definition of Medical Cannabis Dispensary. Stone stated that, on October 26, 2021, The Rules Review Committee approved the Department of Health Revised Rules with a 6-0 vote ultimately placing in effect the State Medical Cannabis Program’s rules. Stone stated that, alongside the Department of Health’s rules, SDCL 34- 20G-1 displays the State adopted definitions regarding medical cannabis establishments. Stone noted that one definition that is not found currently in Ordinance No. 1434, Section 158.02, is the definition of a Medical Cannabis Dispensary. This is one of the four categories of Medical Cannabis Establishments, recommended to be defined among the current list of definitions in Section 158.02. Stone noted that the proposed Ordinance would keep all existing language in Medical Cannabis Establishment definitions, but A portion of the language would be relabeled as Medical Cannabis Dispensary. Stone stated that proposed Ordinance No. 1449 pertains to the definitions in the zoning requirements. 403-21 Mayor Collier-Wise read the title to the above-mentioned Ordinance and Council Member Hellwege moved adoption of the following Resolution: 11 BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1449 entitled An Ordinance to amend Title XV, Land Usage; Chapter 158 Medical Cannabis; Section 158.02 Definitions to clarify the definition for medical cannabis dispensary and medical cannabis establishment of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 6 day of December, 2021 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Ward. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Collier-Wise declared the motion adopted. D. Medical Cannabis Cultivation Facility License for Dakota Natural Growers, Inc. at 907 N Norbeck Street Katie Redden, Finance Officer, reported on an application for Medical Cannabis Cultivation Facility license for Dakota Natural Growers, Inc. at 907 N Norbeck Street. Katie noted that the Medical Cannabis Cultivation Facility License is for a calendar year license and would start January 1, 2022, and expire December 31, 2022. Katie noted that the City Council can issue licenses pursuant to the SDCL Chapter 34-20G and City Ordinance No. 1435. Katie stated that Dakota Natural Growers has provided all information needed and staff have reviewed the application. Katie stated that the Medical Cannabis Cultivation license will allow cultivation of medical cannabis within the City limits. Katie noted that a Cannabis Cultivation Establishment is considered a conditional use in the GB General Business District (greenhouse) and GI General Industrial District (agribusiness), which both require a conditional use permit; this location is in the GI district. Katie noted that a conditional use permit for the location will be considered at the Planning and Zoning Commission meeting on December 13, 2021. Katie reported that the Police Chief’s report states seven (7) of the eight (8) background checks have come back from the DCI, none have come back from the FBI. Katie noted that Chief Betzen has stated that the seven (7) applicants did not have any disqualifying felony charge per City Ordinance or State Statute. Katie noted that Dakota Natural Growers will also have to apply for a State license and be approved before they can operate their cultivation facility in the State of South Dakota. Katie stated that the State requires the City to approve the license before they will consider the 12 State license. Katie reported that the license fee is $11,695, which is retained by the City. 404-21 Council Member Hellwege moved approval of the Medical Cannabis Cultivation Facility License for Dakota Natural Growers, Inc. at 907 N Norbeck Street contingent on the one background check coming back and the approval of the conditional use permit with the Planning and Zoning Commission. Council Member Price seconded the motion. Motion carried 7 to 0. Mayor Collier-Wise declared the motion adopted. Council Member Lindsey Jennewein arrived at 8:29 p.m. 7. Old Business A. Second reading of Ordinance 1447 amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning the NW ¼ SW ¼ 13-92-52 Exc. Holiday Village Addition, Miscellaneous, City of Vermillion, Clay County, South Dakota from the NRC – Natural Resource Conservation District to the R-2 Residential Medium Density District (To facilitate placement of new school in Barstow Park) Jose Dominguez, City Engineer, reported on the First Reading of Ordinance No. 1447 to Amend Title XV; Chapter 155. Jose stated that City Staff is asking to rezone the area that includes Barstow Park and the Vermillion Middle School from the NRC Nature Resource Conservation to the R-2 Residential district. Jose noted that the City contacted the Vermillion School District (School District) and received a letter of support from the School District for the proposed rezone. Jose stated that this rezone was initiated by the City, therefore, there are no requirements to collect signatures from the neighboring properties, pay the rezoning fee, or for the property being rezoned to be posted, however, the City did post the property since it is one large tract of land. Jose noted that the City’s Planning and Zoning Commission considered this item at their November 8th meeting where they voted unanimously to recommend that the City Council adopt the proposed rezone. Jose stated that the property being considered has been zoned NRC since the adoption of the 2008 zoning ordinance, but prior to that, the area had been zoned residential. Jose noted that the area being considered for a rezone (Barstow Park) is the only School District property not within a residential district which means that the Vermillion Middle School, which is in Barstow Park, is also zoned NRC. Jose noted that the NRC district, although it allows for parks, does not allow schools. Jose stated that rezoning Barstow Park to a residential zoning district would put this property in a similar situation as the rest of the School District’s properties making the existing Middle School a conforming use, it would allow the School District to construct a future school on their property (Barstow Park). 13 405-21 Second reading of title to Ordinance No. 1447, entitled An Ordinance Amending city of vermillion code of ordinances title xv land usage; CHAPTER 155, zoning REGULATIONS; SECTION 155.026, ADOPTION OF OFFICIAL ZONING MAP, REZONING NW ¼ SW ¼ 13-92-52 EXC. HOLIDAY VILLAGE ADDITION, MISCELLANEOUS, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM the NRC Natural Resource Conservation District to the R-2 RESIDENTIAL District for the City of Vermillion, South Dakota Mayor Collier-Wise read the title to the above-named Ordinance, and Council Member Ward moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No 1447 entitled An Ordinance Amending city of Vermillion code of ordinances title xv land usage; CHAPTER 155, zoning REGULATIONS; SECTION 155.026, ADOPTION OF OFFICIAL ZONING MAP, REZONING NW ¼ SW ¼ 13-92-52 EXC. HOLIDAY VILLAGE ADDITION, MISCELLANEOUS, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM the NRC Natural Resource Conservation District to the R-2 RESIDENTIAL District 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 November, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 6th day of December, 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 1447 AN ORDINANCE AMENDING city of vermillion code of ordinances title xv land usage; CHAPTER 155, zoning REGULATIONS; SECTION 155.026, ADOPTION OF OFFICIAL ZONING MAP, REZONING NW ¼ SW ¼ 13-92-52 EXC. HOLIDAY VILLAGE ADDITION, MISCELLANEOUS, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM the NRC Natural Resource Conservation District to the R-2 RESIDENTIAL District. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, be amended as follows: That NW ¼ SW ¼ 13-92-52 Exc. Holiday Village Addition, Miscellaneous, City of Vermillion, Clay County, South Dakota be hereby excluded from the NRC Natural Resource Conservation District and included in the R-2 Residential District. 14 Dated at Vermillion, South Dakota this 6th day of December 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, 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. B. Second reading of Ordinance 1445 amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.058 Definitions to remove and replace the term “Public Service Facility” with a new definition (new definition would allow for a law enforcement facility that has incarcerated individuals) Jose Dominguez, City Engineer, reported on the Second Reading of Ordinance No. 1445 amending Title XV; Chapter 155. Jose noted that the City’s most recent zoning ordinance was adopted by the City Council in December 2019, which completely replaced the 2008 zoning ordinance with an updated version. Jose noted that, with the ongoing discussions regarding the possible construction of a new jail and law enforcement center, Staff reviewed the zoning ordinance to ensure that the use would be allowed in the City. Jose stated that the City’s Planning and Zoning Commission considered this item at their November 8th meeting where the Commission amended the original proposal to separate the use of a Law Enforcement Facility with the Ability to House Incarcerated Persons from the Public Service Facility use. Jose noted that the Commission proposed to amend the permitted and conditional uses within certain zoning districts to include the new use of “Law Enforcement Facility with the Ability to House Incarcerated Persons.” Jose stated that the Commission voted unanimously to recommend that the City Council adopt the amended proposed zoning ordinance amendment. Jose stated that the term “jail” is not individually listed in the zoning ordinance, however, Staff believes that the use of a “jail” could be included within the “Public Service Facility” use. Jose noted that a “Public Service Facility” includes government facilities that provide an essential public purpose or service (i.e. police station, judicial court, fire station, ambulance service, 15 and transit or transportation transfer station), however, the definition currently excludes “facilities for incarcerated persons.” Jose stated that Staff is proposing to amend the current definition of “Public Service Facility” to include law enforcement facilities that may, or may not, house incarcerated persons. The definition would require that a jail be constructed in conjunction with a law enforcement facility and not as a standalone use. Jose noted that currently the “Public Service Facility” use is allowed as a permitted use within the Central Business and General Business zoning districts and as a conditional use within the R-1, R-T, R-2, and R-3 Residential zoning districts. Jose stated that the changes proposed by the Commission would maintain the “Public Service Facility” uses as originally intended and within the original zoning districts. Jose noted that the change suggested by the Commission would allow for the new use of a “Law Enforcement Facility with the Ability to House Incarcerated Persons” as a permitted use within the Central Business and General Business zoning districts and as a conditional use within the R- T, R-2, and R-3 Residential zoning districts. 406-21 Second reading of title to Ordinance No. 1445, entitled An Ordinance Amending City Of Vermillion Code Of Ordinances Title XV, Land Usage, Chapter 155, Zoning Regulations, Section 155.008, Definitions, Remove And Replace The Term “Public Service Facility” With A New Definition And Include A New Definition For A “Law Enforcement Facility With The Ability To House Incarcerated Persons”; And To Include The Use Of “Law Enforcement Facility With The Ability To House Incarcerated Persons” As A Permitted Use In Section 155.036, CB Central Business District, And In Section 155.037, GB General Business District; And As A Conditional Use In Section 155.032, R-T Residential District, And In Section 155.033, R- 2 Residential District, And In Section 155.034, R-3 Residential District 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. 1445 entitled An Ordinance Amending City Of Vermillion Code Of Ordinances Title XV, Land Usage, Chapter 155, Zoning Regulations, Section 155.008, Definitions, Remove And Replace The Term “Public Service Facility” With A New Definition And Include A New Definition For A “Law Enforcement Facility With The Ability To House Incarcerated Persons”; And To Include The Use Of “Law Enforcement Facility With The Ability To House Incarcerated Persons” As A Permitted Use In Section 155.036, CB Central Business District, And In Section 155.037, GB General Business District; And As A Conditional Use In Section 155.032, R-T Residential District, And In Section 155.033, R-2 Residential District, And In Section 155.034, R-3 Residential District 16 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 15 day of November, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 6th day of December, 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 1445 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE, CHAPTER 155, ZONING REGULATIONS, SECTION 155.008, DEFINITIONS, REMOVE AND REPLACE THE TERM “PUBLIC SERVICE FACILITY” WITH A NEW DEFINITION AND INCLUDE A NEW DEFINITION FOR A “LAW ENFORCEMENT FACILITY WITH THE ABILITY TO HOUSE INCARCERATED PERSONS”; AND TO INCLUDE THE USE OF “LAW ENFORCEMENT FACILITY WITH THE ABILITY TO HOUSE INCARCERATED PERSONS” AS A PERMITTED USE IN SECTION 155.036, CB CENTRAL BUSINESS DISTRICT, AND IN SECTION 155.037, GB GENERAL BUSINESS DISTRICT; AND AS A CONDITIONAL USE IN SECTION 155.032, R-T RESIDENTIAL DISTRICT, AND IN SECTION 155.033, R-2 RESIDENTIAL DISTRICT, AND IN SECTION 155.034, R-3 RESIDENTIAL DISTRICT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by removing and replacing the definition of “Public Service Facility,” and adding the new definition for “Law Enforcement Facility with the Ability to House Incarcerated Persons.” All other portions of section 155.008 will remain as they are. Following is the amendment: §155.008 Definitions. Law Enforcement Facility with the Ability to House Incarcerated Persons. A government facility consisting of a law enforcement facility that also houses incarcerated persons. Public Service Facility. Government facilities and uses that provide an essential public purpose or service including, but not limited to, a law enforcement facility without the ability to house incarcerated persons, judicial court, fire station, ambulance service, transit or transportation transfer station, or office, but not including public utility or treatment stations, maintenance facilities, or sanitary landfills. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including 17 the use of “Law Enforcement Facility with the Ability to House Incarcerated Persons” as a conditional use within section 155.032 R-T Residential District. All other portions of section 155.032 will remain as they are. Following is the amendment: §155.032 R-T RESIDENTIAL DISTRICT. (B) Conditional uses. Conditional Use Applicable Standards Law Enforcement Facility with the §155.070, 155.095(A) Ability to House Incarcerated Persons BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including the use of “Law Enforcement Facility with the Ability to House Incarcerated Persons” as a conditional use within section 155.033 R-2 Residential District. All other portions of section 155.033 will remain as they are. Following is the amendment: §155.033 R-2 RESIDENTIAL DISTRICT. (B) CONDITIONAL USES. Conditional Use Applicable Standards Law Enforcement Facility with the §155.070, 155.095(A) Ability to House Incarcerated Persons BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including the use of “Law Enforcement Facility with the Ability to House Incarcerated Persons” as a conditional use within section 155.034 R-3 Residential District. All other portions of section 155.034 will remain as they are. Following is the amendment: §155.034 R-3 RESIDENTIAL DISTRICT. (B) CONDITIONAL USES. Conditional Use Applicable Standards Law Enforcement Facility with §155.070, 155.095(A) the Ability to House Incarcerated Persons BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including the use of “Law Enforcement Facility with the Ability to House 18 Incarcerated Persons” as a permitted use within section 155.036 CB Central Business District. All other portions of section 155.036 will remain as they are. Following is the amendment: §155.036 CB CENTRAL BUSINESS DISTRICT. (A) PERMITTED USES. Permitted Use Applicable Standards Law Enforcement Facility with One of the principal frontages shall the Ability to House Incarcerated abut upon an arterial or Persons collector street as defined by the city’s major street plan map. §155.070 BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including the use of “Law Enforcement Facility with the Ability to House Incarcerated Persons” as a permitted use within section 155.037 GB General Business District. All other portions of section 155.037 will remain as they are. Following is the amendment: §155.037 GB GENERAL BUSINESS DISTRICT. (A) PERMITTED USES. Permitted Use Applicable Standards Law Enforcement Facility with the One of the principal frontages Ability to House Incarcerated Persons shall abut upon an arterial or collector street as defined by the city’s major street plan map. §155.070, 155.073 Dated at Vermillion, South Dakota this 6th day of December 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 Humphrey. Thereafter the question of the adoption of the Ordinance was put to a 19 roll call vote of the Governing Body, and the members voted as follows: Hellwege-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. C. Second reading of Ordinance 1446 amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.039 to allow for a “Public Service Facility” as a Conditional Use in GI – General Industrial District zoning Jose Dominguez, City Engineer, reported on the second reading of Ordinance No. 1446 amending Title XV; Chapter 155. Jose noted that the City’s Planning and Zoning Commission considered this item at their November 8th meeting where they proposed to separate the use of a Law Enforcement Facility with the ability to house incarcerated persons from the Public Service Facility use which also affects this agenda item. Jose noted that the Commission voted unanimously to recommend that the City Council adopt the amendments to the GI General Industrial district. Jose stated that a “Public Service Facility” use is currently allowed as a permitted use within the Central Business and General Business zoning districts and as a conditional use within the R-1, R-T, R-2, and R-3 Residential zoning districts. Jose stated that the Commission’s proposal would have created a new use, “Law Enforcement Facility with the Ability to House Incarcerated Persons,” that would be allowed as a permitted use within the Central Business and General Business zoning districts and as a conditional use within the R-T, R-2, and R-3 Residential zoning districts. This amendment would have originally added use of “Public Service Facility” as a conditional use in the GI General Industrial district. Jose noted that including this use as a conditional use would allow the City to consider the placement of a new facility in relation to the surrounding uses and allow the public to voice any concerns. Jose stated that the Commission’s recommendation would have maintained the proposed changes and added the use of “Law Enforcement Facility with the Ability to House Incarcerated Persons” as a conditional use. 407-21 Second reading of title to Ordinance No 1446, entitled AN ORDINANCE AMENDING Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.039 to allow for a “Public Service Facility” as a Conditional Use in GI – General Industrial District zoning for the City of Vermillion, South Dakota 20 Mayor Collier-Wise read the title to the above-named Ordinance, and Council Member Ward moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1446 entitled AN ORDINANCE AMENDING Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.039 to allow for a “Public Service Facility” as a Conditional Use in GI – General Industrial District zoning 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 November, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 6th day of December, 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 1446 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE, CHAPTER 155, ZONING REGULATIONS, SECTION 155.039, GI GENERAL INDUSTRIAL DISTRICT, (B) CONDITIONAL USES, TO INCLUDE “PUBLIC SERVICE FACILITY” AND “LAW ENFORCEMENT FACILITY WITH THE ABILITY TO HOUSE INCARCERATED PERSONS” AS CONDITIONAL USES. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including the “Public Service Facility” and “Law Enforcement Facility with the Ability to House Incarcerated Persons” uses as conditional uses. All other portions of section 155.039 (B) will remain as they are. Following is the amendment: §155.039 GI GENERAL INDUSTRIAL DISTRICT (B) CONDITIONAL USES. Conditional Use Applicable Standards Public Service Facility One of the principal frontages shall abut upon an arterial or collector street as defined by the City’s major street plan map. §§ 155.070, 155.073, 155.095(A) Law Enforcement Facility with One of the principal frontages shall the Ability to House Incarcerated abut upon an arterial or collector Persons street as defined by the City’s major street plan map. §§ 155.070, 155.073, 155.095(A) 21 Dated at Vermillion, South Dakota this 6th day of December 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 Hellwege. 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, 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. D. Second reading of Ordinance 1448 – 2021 Supplemental Appropriations Ordinance Katie Redden, Finance Officer, reported that the supplemental appropriations ordinance is needed to adjust the budget for items that have changed since the revised budget was adopted in September 2021. Katie stated that the agenda memo included an explanation of the individual line-item changes noting that the general fund is projecting an increase in the general fund reserve by $15,494 for 2021. Discussion followed. 408-21 Second reading of title to Ordinance No. 1448, entitled AN ORDINANCE AMENDING 2021 Supplemental Appropriations Ordinance 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. 1448 entitled 2021 Supplemental Appropriations Ordinance 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 November, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 6th day of December, 2021 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. 22 BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: PROPOSED ORDINANCE NO. 1448 2021 SUPPLEMENTAL APPROPRIATIONS ORDINANCE AN ORDINANCE ADOPTING a 2021 Supplemental Appropriations Ordinance for the City of Vermillion, South Dakota. BE IT ORDAINED, BY THE GOVERNING BODY of the City of Vermillion, that the following sums are appropriated to meet the obligations of the municipality. Amount of 2021 Proposed Supplemental Budget Budget Budget General Fund: Revenues: Tax on Mobile Homes 400 700 300 State Grants -0- 2,000 2,000 Federal Grants 928,965 978,500 49,535 Federal Grants-Designated -0- 1,100 1,100 Swimming Pool Concessions 33,000 40,570 7,570 Recreation Program Fees 27,000 28,000 1,000 Appropriation STIP Reserve 365,088 213,200 (151,888) Expenditures: General Government 598,341 616,070 17,729 Finance 206,651 207,230 579 Engineering 344,246 355,679 11,433 Police Patrol 1,496,440 1,517,796 21,356 Street 710,480 711,857 1,377 Sweeping and Mowing 127,295 131,295 4,000 Airport 60,780 68,970 8,190 Code 254,839 258,669 3,830 Fire 392,072 420,320 28,248 Ambulance 552,074 577,074 25,000 Recreation 215,462 216,392 930 Swimming Pool 250,613 269,163 18,550 Parks & Forestry 390,348 403,448 13,100 Old Library -0- 30 30 Conservation & Development 72,900 122,900 50,000 Transfer to STIP Projects 804,138 652,250 (151,888) Appropriation to Reserve 158,341 15,494 (142,847) Second Penny Sales Tax Fund: Revenues: State & Federal Grants 51,495 44,800 (6,695) Contributions & Donations -0- 20,645 20,645 23 Appropriation From Reserve 1,082,388 1,296,221 213,833 Expenditures: Public Safety Expenses 125,600 148,600 23,000 Transfers to Streetscape 1,910,000 2,102,142 192,142 Transfer to TIF 7 183,998 196,629 12,641 Special Revenue Fund: Bed Booze and Board (BBB): Revenues: Bed Board and Booze Tax 330,000 351,155 21,155 Appropriation from Reserve 49,600 29,123 (20,477) Expenditures: Community Development 387,000 387,678 678 Special Revenue Fund: Library: Revenues: Fines & Forfeits 500 1,000 500 Contributions & Donations 7,000 9,750 2,750 Other 4,000 5,500 1,500 Expenditures: Appropriation to Reserve -0- 4,750 4,750 Special Revenue Fund: Stormwater: Revenues: Appropriation from Reserve 1,331,030 1,532,112 201,082 Expenditures: Capital Expenditures 3,260,602 3,463,184 202,582 Debt Service & Reserves -0- 9,500 9,500 Transfer to Streetscape 156,000 145,000 (11,000) Debt Service: Special Assessments: Revenues: Transfer in 450,000 -0- (450,000) Interfund loan -0- 450,000 450,000 Debt Service: TIF #7 Bliss Pointe: Revenues: Transfer in 9,304 32,186 22,882 Interest on Investment 2,400 -0- (2,400) Expenses: Interest Payment 11,704 32,186 24,482 Capital Project Fund: Downtown Streetscape: Revenues: Transfers 3,567,888 4,122,142 554,254 Expenditures: Capital Expenditures 3,567,888 4,122,142 554,254 24 Utility Fund: Electric Revenues: Electric Other 25,000 43,000 18,000 Car Charging Station 150 550 400 Expenditures: Billing Operating Expenses 142,298 143,169 871 Trans & Dist. Op. Exp. 350,853 355,353 4,500 Transfer to Streetscape 350,000 425,000 75,000 Reserve 77,975 16,004 (61,971) Utility Fund: Water Fund Revenues: Sales 1,646,800 1,699,550 52,750 Appropriation from Reserve -0- 30,500 30,500 Expenditures: Billing Expenses 124,512 125,009 497 Treatment Expenses 1,120,054 1,179,187 59,133 Distribution Expenses 455,637 486,507 30,870 Reserve 7,250 -0- (7,250) Enterprise Fund: Wastewater Revenues: Appropriation from Reserve 60,129 78,945 18,816 Expenditures: Billing Expenses 88,937 89,274 337 Collection Expenses 763,137 767,677 4,540 Treatment Expenses 1,043,191 1,057,130 13,939 Enterprise Fund: Golf Course Revenues: Sales 815,947 905,947 90,000 Appropriation from Reserve 97,614 72,796 (24,818) Expenditures: Operating Expenses 969,661 1,034,843 65,182 Enterprise Fund: Liquor Store Revenues: Sales 1,780,850 1,812,850 32,000 Expenditures: Operating Expense 1,498,870 1,569,680 70,810 Appropriation to Reserve 77,780 38,970 (38,810) Enterprise Fund: Joint Powers: Revenues: Joint Landfill Sales 965,280 1,089,300 124,020 Joint Recycling Sales 99,000 172,000 73,000 Appropriation From Reserve 1,658,050 1,494,421 (163,629) Expenditures: Joint Landfill Expenses 4,716,535 4,734,600 18,065 Joint Recycling Expenses 962,295 977,621 15,326 25 Dated at Vermillion, South Dakota this 6th day of December,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 Hellwege. 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, 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. First reading of Ordinance 1451 amending Title XI, Business Regulations; Chapter 123 Medical Cannabis Establishments; Section 123.14(A) to remove “shareholders” from the list of individuals required to complete a background check as part of the application requirements for a license John Prescott, City Manager, reported on the first reading of Ordinance No. 1451 to amend Title XI, Business Regulations; Chapter 123 Medical Cannabis Establishments; Section 123.14(A) to remove “shareholders” from the list of individuals required to complete a background check as part of the application requirements for a license. John noted the proposed Ordinance No. 1451 removes corporate stakeholder or stakeholder(s) from the Applicant and Licensee definitions in Section 123.01. John noted that the term shareholder is also proposed to be removed from Section 123.08 Establishment Requirements, Section 123.09 Application for Medical Cannabis Establishment License, and Section 123.14 Approval Process. John stated that if the term Corporate Stakeholder or Stakeholder(s) is removed from Section 123.01 Definitions, it provides for consistency to remove the term from the other sections. John noted that, in developing the proposed ordinance, a second proposed change was identified. John stated that the City ordinances on Medical Cannabis and the rules developed by the State of South Dakota, have an inconsistency in the term “Volunteer”. John noted that in the State rules at 34-20G-61 a background check is required for each volunteer and the current City Ordinance does not address volunteers. John stated that, 26 while City ordinance can require background checks for additional groups of individuals, it would seem practical to at least have the groups of individuals noted by the State for a background check listed in the City ordinance. John proposed to add Volunteer to Section 123.08(B) which would require a volunteer to be at least 21 years of age as the State required for volunteers and other individuals. John noted that volunteer is not proposed to be added to Section 123.08(A) or 123.08(C) as these sections relate to the disqualification of an application or qualification for a business to have a South Dakota resident involved. John noted that the proposed ordinance would add volunteer to Section 123.09 and this would require the name, address, and date of birth of volunteers to be submitted as part of the application along with required background checks. John noted that it is also proposed to add volunteers to Section 123.14 – Approval Process. As the State rules list volunteers as individuals needing to complete a background check, the City Code would be modified to also include these individuals. 409-21 Mayor Collier-Wise read the title to the above-mentioned Ordinance and Council Member Hellwege moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1451 entitled An Ordinance Adopting amending Title XI, Business Regulations; Chapter 123 Medical Cannabis Establishments; Section 123.14(A) to remove “shareholders” from the list of individuals required to complete a background check as part of the application requirements for a license of the City of Vermillion, South Dakota has been read and the Ordinance has been considered for the first time in its present form and content at this meeting being a regularly called meeting of the Governing Body of the City on this 6th day of December, 2021 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Humphrey. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Collier-Wise declared the motion adopted. B. Collective Bargaining agreement with AFSCME for City of Vermillion General Employee positions John Prescott, City Manager, stated that, at the September 7th City Council meeting, the Labor and Finance Committee reported on negotiations and recommended approval of a contract with the AFSCME Union representing the general employees. John reported that the proposed agreement with AFSCME for the general employees is largely similar to the current agreement but does include several changes. John noted that some of the 27 more notable financial changes that are part of both agreements include: The proposed agreements would run from January 1, 2022 until December 31, 2024; The proposals provide for a cost-of-living adjustment of 3% on January 1, 2022, 2.5% on January 1, 2023, and 2.5% on January 1, 2024; Employees covered by the agreements will also receive two designated holidays to replace the two current floating holidays beginning in 2022; adjustment to the ability to earn the first 16 hours of compensatory time and the maximum amount of comp time an employee can accrue; and an adjustment to the boot allowance and the time period in which to use it. John recommended approval of the proposed agreement. 410-21 Council Member Hellwege moved approval of the Collective Bargaining agreement with AFSCME for City of Vermillion General Employee positions. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. C. 2022 Fee schedule Stone Conley, Assistant to the City Manager, reported that, due to the large variety of activities that the City is involved with across the organization, a number of different fees are charged for services provided. Stone stated that over the last few years a fee schedule has annually been presented to the City Council to offer a comprehensive list of fees and to make adjustments as needed. Stone noted that there are still changes in fees during the year such as the sewer rates each April and storm drainage fee in October. Stone noted that having a comprehensive list of fees would provide Council and staff with a resource that can be utilized when questions of cost are presented or as a resource when the Council or staff wants to evaluate fees. Stone stated that in the packet are lists with the first document providing a comprehensive listing of all City fees, whether provided for in City Code, Departmental policy, or State statute. Stone stated that the second document lists all of the fees that are set by resolution as provided for in the City of Vermillion’s Code of Ordinances listing the ordinance number. Stone stated that the third document is a resolution that provides for certain fee changes for EMS and Parks & Recreation. Stone reviewed the documents listing the fees. Stone stated the fee schedule will be updated and posted on the City website. Discussion followed. 411-21 Council Member Hellwege moved approval of the 2022 Fee Schedule that was approved by resolutions. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. D. Business Improvement District #1 appointment 28 Mayor Collier-Wise reported on one application received for the open position on the Business Improvement District #1. Mayor Collier-Wise noted that Colin Lind was the only applicant and recommended approval of him for the term that expires in 2024. 412-21 Council Member Wilson moved approval of Colin Lind to the Business Improvement District #1 for the term expiring in 2024. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. E. Agreement with South Dakota Department of Transportation for the construction of a bike path along Broadway Street Jose Dominguez, City Engineer, reported that in 2006 The City received an earmark grant from the Federal government for the construction of hike/bike path trails in the City. Jose noted that the original grant amount was for $750,000. Jose stated that the grant was written in such a way as to require the State to administer the funds for the City and the State would reimburse the City for 81.95%; while the City would cover the remaining 18.05%. Jose noted that, in the fall of 2010, the section of the trail between 12th Street and West Street was completed and during construction the area adjacent to the river experienced four major floods. Jose stated that several months after completion of this section the trail was closed due to riverbank erosion from the previous floods. Jose stated that, since Federal funds were used to construct the bike path, the City is responsible for maintaining the bike path in a traversable manner, otherwise, the City would be required to refund the cost of the bike path to the State. Jose noted that, since 2010, the City has been working with the South Dakota Department of Transportation (SDDOT), the Federal Highway Administration (FHWA), and the neighbors, on ways to reconstruct the section of the bike path that has been closed. Jose stated that currently there is only $85,295.76 left on the original 2006 grant and the agreement requires that the City pay the 18.05% match of the grant money and any costs exceeding $104,082.68. Jose noted that the agreement requires that the City have all the appropriate permits, easements, and right-of-ways for the construction of the bike path. Jose stated that the agreement also states that the City would be required to maintain the bike path by sweeping, removing snow, picking up litter, mowing, and replacing sections that require repairs. 413-21 Council Member Wilson moved approval for the mayor to sign the agreement with South Dakota Department of Transportation for the construction of 29 a bike path along Broadway Street. Council Member Hellwege 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 Stern Oil on Item 1, 2, 3, and 4. Item 1 - 4,350 gal unleaded 10% ethanol: Brunick Service $2.57 and Stern Oil $2.4921; Item 2 – 3,000 gal No. 1 & 2 Diesel fuel dyed average price: Brunick Service $2.58 and Stern Oil $2.4322; Item 3 - 1,000 gal No. 1 & 2 diesel fuel-clear average price: Brunick Service $2.88 and Stern Oil $2.7922 414-21 Council Member Price moved approval of the low quotes of Stern Oil on Items 1, 2, 3, and 4. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 10. City Manager's Report A. John reported that there is one opening on the Historic Preservation Commission. It is for a three-year term. The applicant for this opening does need to own property in one of the existing historic districts or have a property on the historic register. B. John reported that the Human Relations Commission is meeting on Thursday, December 2nd at 5:00pm at City Hall. C. John Reported that the City Planning and Zoning Commission has a vacancy. D. John reported that the City Planning Commission will have a meeting on Monday, December 13, 2021, at 5:30 p.m. in the Jack Powell Conference room. There will be a hearing on a Conditional Use Permit for medical cannabis facility at 907 N. Norbeck Street. The property is zoned GI. Medical Cannabis facilities are a conditional use in this zoning district. E. John reported that the Fraternal Order of Eagles #2421 is selling $20 raffle tickets. They have 70 prizes available ranging from fishing equipment to gun safes to guns. This year they will be awarding Scheel’s Gift cards to prize winners. The winners can use the gift cards for other items if they wish. Only 2600 tickets will be sold and the proceeds from 30 the raffle will be used to support the fraternal efforts of the Eagles. Tickets will be sold from December 15, 2021, to April 16, 2022. Council Member Hellewege wanted to congratulate Katie Redden, City Finance Officer, on receiving the University of South Dakota Alumni 30 under 30 award. PAYROLL ADDITIONS AND CHANGES Engineering: Jose Dominguez $45.18/hr; Police Admin: Matt Betzen $49.11/hr; Police: Evan Rolling $24.34/hr; Fire: Matt Callahan $38.77/hr; Street: Pete Jahn $35.58/hr; Ambulance: Ben Tegethoff $2.00/on call- $3.00/holiday on call; Parks & Rec: Jim Goblirsch $40.46/hr; Communications: Ryan Anderson $30.70/hr; Water: Brian Hamilton $19.83/hr, Curt Haakinson $32.75/hr, Aaron Hammer $19.83/hr, Dale Husby $24.36/hr, Andrew Wicke $21.15/hr, Zach Hammond $21.26/hr; Wastewater: Fred Balleweg $32.75/hr, Mike Watterson $19.45/hr; Landfill: Mark Milbrodt $25.58/hr, Tim Taggart $30.61/hr 11. Invoices Payable 415-21 Council Member Price moved approval of the following invoices: A-OX WELDING SUPPLY CO CHEMICALS 1,263.45 AGLAB EXPRESS TESTING 65.00 ALL AMERICAN GASKET SUPPLIES 199.30 AMAZON BUSINESS SUPPLIES 1,939.88 AMERICAN LEGAL PUBLISHING ORDINANCE SUPPLEMENTAL PAGES 1,971.49 AMERICAN PUBLIC WORK ASSOC MEMBERSHIP DUES 720.00 AMS BUILDING SYSTEM LLC EXCAVATION/MOBILIZATION 69,460.82 AMY EICHFELD REFUND PARKING TCKT OVERPMT 5.00 ANIMAL CARE EQUIPMENT & SERVICE LEASHES/KETCH-ALL POLE 156.67 ANTHONY IVERSON GYM MEMBERSHIP REIMBURSEMENT 186.38 APPEARA SHOP TOWELS 45.00 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 680.60 AUDREY HURLEY REFUND PARKING TCKT OVERPMT 5.00 AUTO PARTS OF YANKTON PARTS 54.05 AUTOMATIC BUILDING CONTROL ANNUAL INSPECTION 378.00 AVERA OCCUPATIONAL MEDICINE TESTING 281.00 BLACKSTONE PUBLISHING BOOKS 437.47 BLUFFS GOLF COURSE ACCOUNTS RECEIVABLE 100.00 BORDER STATES ELEC SUPPLY WORK PANTS/STAMPED SEALS 2,270.37 BOUND TREE MEDICAL, LLC SUPPLIES 2,324.24 31 BREIT & BOOMSMA PC GARNISHMENT 447.95 BUTCH'S PROPANE INC PROPANE 2,792.98 BUTLER MACHINERY CO. REPAIRS 853.66 CAPITAL ONE SUPPLIES 1,512.83 CASK & CORK MERCHANDISE 1,898.25 CERTIFIED LABORATORIES SUPPLIES 920.67 CITY OF VERMILLION COPIES/POSTAGE 1,159.96 CITY OF VERMILLION UTILITY BILLS 35,908.27 COLONIAL LIFE ACC INS. INSURANCE 3,164.62 CONCRETE MATERIALS CHIP SEALING ROCKS 19,492.32 CORE & MAIN LP SEWER PIPE/PARTS 3,604.73 CORNHUSKER INTERNATIONAL TRUCKS PARTS 162.42 CORTRUST BANK TIF #6 PAYMENT 24,791.48 CUMMINS CENTRAL POWER, LLC PARTS 538.20 D-P TOOLS 2200 AMP 12V JUMPER 239.95 DAKOTA BEVERAGE MERCHANDISE 8,833.76 DAKOTA HOSPITAL FOUNDATION TIF #6 PAYMENT 24,791.48 DAKOTA PC WAREHOUSE BATTERY BACKUP/INK CARTRIDGES 334.97 DAKOTA RIGGERS & TOOL SUPPLY CABLE/CLIPS 83.76 DELTA DENTAL PLAN INSURANCE 5,953.14 DEMCO SUPPLIES 713.46 DENNIS MARTENS MAINTENANCE 833.34 DONALD BUYS REFUND PARKING TCKT OVERPMT 5.00 DREW GORTMAKER MEALS REIMBURSEMENT 110.00 DUBOIS CHEMICALS SODA ASH 14,641.00 EBSCO SUBSCRIPTION 146.02 ECHO ELECTRIC SUPPLY SUPPLIES 4,464.11 ED M. FELD EQPT CO REPAIRS 2,388.66 EQUIPMENT BLADES INC SNOWPLOW BLADES 1,738.56 ERICKSON SOLUTIONS GROUP CLOUD SWITCH PORTAL LICENSE 1,251.82 ETHAN GULLIKSON REIMBURSEMENT CDL TEST FEE 50.00 EVAN ROLLING MEALS/MILEAGE REIMBURSEMENT 69.87 FAST AUTO GLASS CHIP REPAIRS 180.00 FIRST BANK & TRUST TIF #6 PAYMENT 24,791.48 FIRST DAKOTA NATIONAL BANK TIF #6 PAYMENT 24,791.49 FOREMAN MEDIA COUNCIL MEETINGS 100.00 FOUR WINDS INTERACTIVE ANNUAL MAINTENANCE 37.27 GLOBAL DIST. MERCHANDISE 930.46 GLOBAL EQUIPMENT COMPANY OFFICE EQUIPMENT 1,465.82 GRAHAM TIRE REPAIRS 143.80 GRAHAM TIRE CO. TIRES 600.00 32 GRAYMONT (WI) LLC CHEMICALS 8,354.90 GREGG PETERS RENT 937.50 GREY HOUSE PUBLISHING BOOKS 135.00 HAMILTON MEDICAL SUPPLIES 1,202.60 HANSEN LOCKSMITHING REPAIRS 69.00 HAUGER LAWN SERVICE MOWING/CLEAN UP LEAVES 144.00 HEIMAN FIRE EQUIPMENT RACKS/LABEL HOLDER/HOSE 7,444.90 HELGET SAFETY SUPPLY, INC SUPPLIES 277.17 HELMS & ASSOCIATES PROFESSIONAL SERVICES 1,534.52 HENKE MANUFACTURING CORP PARTS 1,776.10 HY VEE FOOD STORE FLU SHOT DAY SUPPLIES 420.00 HYDRAULIC SALES & SERVICE REPAIRS 1,701.25 INGMAR MEDICAL RESPIRATORY SIMULATOR 1,002.51 INGRAM BOOKS 1,207.49 INTERSTATE ALL BATTERY CENTER BATTERIES 362.95 INTERSTATE POWER SYSTEMS REPAIRS 1,396.26 JACKS UNIFORM & EQPT SUPPLIES 119.90 JAMAR TECHNOLOGIES INC RADAR KIT W/ LAPTOP 4,734.00 JEFF MART SAFETY BOOTS REIMBURSEMENT 100.00 JOHN A CONKLING DIST. MERCHANDISE 3,823.95 JOHNSEN HEATING & COOLING REPAIRS 2,167.88 JOHNSON BROTHERS OF SD MERCHANDISE 18,393.61 JOHNSON CONTROLS SERVICE AGREEMENT 1,866.35 JOHNSON FEED, INC FLOOR DRY 500.25 JONES FOOD CENTER SUPPLIES 467.82 KALINS INDOOR COMFORT REPAIRS 475.73 KIMBERLY SAMUELSON MILTON REFUND PARKING TCKT OVERPMT 5.00 KNOX COMPANY MEDVAULT 2,020.00 LEADSONLINE ANNUAL SUBSCRIPTION 1,470.84 LEISURE LAWNS, LLC WINTERIZE SPRINKLER SYSTEM 160.00 LESSMAN ELEC. SUPPLY CO LED POST TOP FIXTURES 2,500.25 LINDA CALLEJA MILEAGE REIMBURSEMENT 64.26 LOCATORS AND SUPPLIES, INC MARKING PAINT 122.70 LONGS PROPANE INC PROPANE 30.00 MALLOY ELECTRIC SUBMERSIBLE MOTOR 2,034.00 MATHESON TRI-GAS, INC MEDICAL OXYGEN/CYLINDER RENTAL 901.65 MATT DAVIS MEALS REIMBURSEMENT 110.00 MEAD LUMBER SUPPLIES 6.14 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 135.85 MICRO MARKETING LLC BOOKS 72.98 MIDLAND CONTRACTING, INC STORM SEWER INSTALLATION 13,210.43 33 MIDWEST ALARM CO ANNUAL INSPECTION 428.00 MIDWEST READY MIX & EQUIPMENT FLOWABLE FILL/ROCK 2,517.00 MISTER SMITH'S MEALS 59.93 NATIONWIDE INSURANCE NOTARY BOND 50.00 NCL OF WISCONSIN, INC CHEMICALS 845.07 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 NETSYS+ ANTIVIRUS SUBSCRIPTION/FIREWALL 7,563.00 NICK ANGLIN REIMBURSE CDL TEST FEE 50.00 O'CONNOR KILN & DRYER INC BLADE REPAIRS 1,595.00 O'REILLY AUTO PARTS PARTS 431.10 OFFICE OF WEIGHTS & MEASURES INSPECTION 151.00 OVERDRIVE INC SUBSCRIPTION 3,000.00 PCC, INC COMMISSION 1,682.82 PHELPS WORK T-SHIRTS 253.33 PING/KARSTEN MFG CORP MERCHANDISE 206.95 PLAIN TALK PUBLISHERS SUBSCRIPTION 26.00 PRESSING MATTERS FORMS 68.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 69.00 PROCHEM DYNAMICS PAPER TOWEL/VAC BAGS 230.10 QUILL SUPPLIES 446.84 RACOM CORPORATION MAINTENANCE 432.70 REDI TOWING TOWING 300.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 11,718.48 RIVERSIDE TECHNOLOGIES, INC USB LASER MICE 155.00 ROUNDS CONSTRUCTION LANDFILL CELL 6 336,966.65 RS PLUMBING SERVICES REPAIRS 265.30 RUNNING SUPPLY, LLC SUPPLIES 2,982.40 SANFORD HEALTH OCCUPATIONAL MEDICINE PRE-EMPLOYMENT TESTING 344.00 SANFORD HEALTH PLAN PARTICIPATION FEES 48.00 SANITATION PRODUCTS INC PLOW LIGHTS 632.41 SCHADE'S VINEYARD MERCHANDISE 253.00 SCHAEFFER MFG. CO SUPPLIES 1,017.60 SD AIRPORT MANAGEMENT ASSOCIATION MEMBERSHIP DUES 25.00 SD ASSOC. OF CODE ENFORCEMENT MEMBERSHIP DUES 40.00 SD ASSOC. OF RURAL WTR SYSTEMS REGISTRATION 1,500.00 SD BUILDING OFFICIALS’ ASSOCIATION MEMBERSHIP DUES 60.00 SD DEPT OF HEALTH TESTING 492.00 SD GOVERNMENTAL FINANCE OFFICERS ASSOC MEMBERSHIP DUES 70.00 SD POLICE CHIEFS’ ASSOCIATION MEMBERSHIP DUES 272.74 SD PUBLIC ASSURANCE ALLIANCE LAW ENFORCEMENT COVERAGE 8,698.57 34 SD REDBOOK FUND INSTRUCTOR CLASS 195.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 57,503.12 SDWWA- MEMBERSHIP DUES 50.00 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,827.04 SIOUX CITY TRUCK & TRAILER PARTS 397.06 SIOUXLAND SCALE SERVICE REPAIRS 836.74 SNAP-ON INDUSTRIAL PARTS 1,395.61 SOUTHERN GLAZER'S OF SD MERCHANDISE 7,916.24 STEWART OIL-TIRE CO REPAIRS 250.00 STURDEVANTS AUTO PARTS PARTS 402.57 SUN MOUNTAIN MERCHANDISE 27.88 SYNCB/AMAZON BOOKS/DVDS/SUPPLIES 857.68 TASTE OF HOME BOOKS BOOK 35.98 TELEDYNE INSTRUMENTS, INC HEATER 7,615.82 TELEFLEX LLC SUPPLIES 1,115.50 THE UPS STORE #6751 SHIPPING 8.37 TIMOTHY HART REFUND PARKING TCKT OVERPMT 5.00 TRACTOR SUPPLY CREDIT PLAN EXTENSION CORDS 64.99 TRITECH SOFTWARE SYSTEMS ANNUAL SUBSCRIPTION 630.00 TRUE FABRICATIONS MERCHANDISE 340.49 TURNER PLUMBING REPAIRS 111.62 TYLER TECHNOLOGIES CASH DRAWER MAINTENANCE 2,008.68 ULINE FOLDING TABLE/CHAIRS 4,498.58 UNITED WAY CONTRIBUTIONS 582.50 UNIVERSITY OF LOUISVILLE REGISTRATION 2,034.36 UNUM LIFE INSURANCE COMPANY INSURANCE 1,468.79 US POSTMASTER POSTAGE DUE 50.00 USD FOUNDATION OFFICE TIF #6 PAYMENT 24,791.48 USD MARKETING & U RELATIONS MERCHANDISE 46.62 VALIANT VINEYARDS MERCHANDISE 288.00 VAST BROADBAND 911 CIRCUIT 1,365.50 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 2,688.12 VERMEER HIGH PLAINS REPAIRS 936.39 VERMILLION ACE HARDWARE PARTS/SUPPLIES 219.06 VERMILLION CHAMBER OF COMMERCE TIF #5 COLLECTIONS/BLISS POINTE 583,082.29 VERMILLION FOOD PANTRY CONTRIBUTION 5,500.00 VERMILLION FORD PARTS 127.66 VISA/FIRST BANK & TRUST TRAVEL/SUPPLIES 8,391.91 WATCHGUARD VIDEO SOFTWARE/SUPPORT/MAINT 7,245.00 WEBSTER SCALE, INC HANGAR TAXILANE IMP 15,524.33 WESTGATE MHP VERMILLION LLC WTR HYDRANT DEPOSIT LESS USAGE 575.91 35 YANKTON FIRE & SAFETY ANNUAL INSPECTION 30.00 ZIEGLER INC REPAIRS 1,634.90 ZIMCO SUPPLY CO SUPPLIES 420.00 Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 416-21 Council Member Ward moved to adjourn the Council Meeting at 8:54 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 6th day of December 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 ___________. 36

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