City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session December 20, 2021 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, December 20, 2021 at 12:00 noon at the Jack Powell Conference Room – City Hall. 1. Roll Call Present: Hellwege, Holland, Letellier, Price, Ward, Willson, Mayor Collier-Wise Absent: Humphrey, Jennewein (Arrived at 12:01 p.m.) 2. Adoption of Agenda 417-21 Council Member Willson moved approval of the agenda. Council Member Price seconded the motion. Motion carried 7 to 0. Mayor Collier-Wise declared the motion adopted. 3. Visitors to be Heard Council Member Lindsey Jennewein arrived at 12:01 p.m. 4. Educational Session – Introduction to Missouri River Energy Services- Joni Livingston Joni Livingston, Missouri River Energy Services (MRES) VP of Member Services, reported on the services that MRES provides the City of Vermillion. Joni stated that MRES was formed by its members in 1965 and there are currently 61 members in 4 states. Joni noted that Vermillion became a part of MRES in 1976. MRES provides its members help with allocation of power and getting supplemental power supplies. Joni noted that Vermillion gets 60% of its power from WAPA with an agreement that expires in 2050. Joni stated that the City of Vermillion is 90% Carbon free with 63% of the power supply coming from renewable energy such as hydro and wind energy. Joni stated that there are two services the citizens of Vermillion can take part in. The first service being Bright Energy Solutions which allows citizens and businesses to get a rebate on green energy appliances purchase. The second is Bright Energy Sources which citizens can purchase renewable energy certificates which shows that their energy is carbon free. Discussion followed on MRES and their services. 1 5. Briefing on the December 20, 2021 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 6. Adjourn 418-21 Council Member Ward moved to adjourn the Council special session at 12:58 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 20th 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 20, 2021 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on December 20, 2021, at 7:00 p.m. by Mayor Collier-Wise. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Ward, Willson, Mayor Collier-Wise 2. Pledge of Allegiance 3. Minutes A. Minutes of December 6, 2021, Special Meeting and December 6, 2021, Regular Session 2 419-21 Council Member Willson moved approval of the December 6, 2021, Special Meeting and December 6, 2021, regular session minutes. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 4. Adoption of Agenda 420-21 Council Member Price moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 5. Visitors to be Heard A. Proclamation recognizing Bob Iverson for 29 Years of Dedicated Service to the Planning & Zoning Commission Mayor Collier-Wise presented the proclamation to Bob Iverson and thanked him for his time and dedication to the Planning & Zoning Commission. Bob Iverson thanked City staff for all the help throughout the years. 6. Public Hearings A. Installation of a Sanitary Sewer along East Main east of Cypress Drive Shane Griess, Utility Manager, reported on a sanitary sewer along East Main St. east of Cypress Drive. Shane noted that in April of 2020, Mr. Michael Barkl entered into an agreement with the City of Vermillion for Lots 1 and 2, Block 2, Arroba Addn. Shane stated that a portion of that agreement allowed Mr. Barkl to build and connect a private sewer line to the existing sanitary sewer main approximately 275 feet west of his property. Shane noted that in May of 2020, a building permit was issued for a single-family home at 2506 E. Main with sewer connection fees for the private sewer line to connect to the existing sanitary sewer main paid for as part of that permit. Shane stated that in September of 2020, Mr. Barkl approached the City about installing a septic system on his property rather than connecting to City sewer as originally agreed. That request was rejected as it did not meet City and State requirements for septic systems. Shane noted that, in April of 2021, the City received a request for the water service to be turned on at 2506 E. Main. At this time, it was discovered that there had been a non-permitted septic system installed on the property. Shane stated that, in July of 2021, staff had conversations with Mr. Barkl about 3 possible solutions to the sewer/septic system where petition documents were requested for the installation of sanitary sewer along East Main Street. Shane noted that, on November 5, 2021, staff received the petition with signatures from owners owning 50% of the accessible frontage. There were 4 signatures on the petition with two of the signatures from property owners within City limits (20% of the frontage). The other two were from owners outside of City limits (30% of the frontage). Shane noted that, at the November 15th, 2021 City Council meeting, a Resolution of Necessity and Notice of Hearing setting the public hearing for the December 20, 2021 regularly scheduled City Council meeting was approved. Shane stated that the property owners fronting this improvement were notified by mail and the notice of hearing has been published in the Plain Talk. Shane noted that, if the City Council adopts the Resolution of Necessity for the Installation of Sanitary Sewer, staff will begin the process to have the sewer main installed and, following the completion of the project, the City Council will adopt a resolution approving the Fee in Lieu of Assessment roll with any added adjustment in the amounts. Shane noted that a fee in Lieu of Assessment means that no fees will be collected from the benefitting properties until they benefit from the improvement. In this case, until they connect to the sewer system. 421-21 Council Member Hellwege moved to deny approval of the installation of a Sanitary Sewer along East Main St. east of Cypress Drive. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion denied. 7. Old Business A. Second 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. Main Street) John Prescott, City Manager, reported on the second 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. John noted that the City received a petition to rezone this area from Mr. Eldon Nygaard on behalf of Valiant Vineyards (Winery) on November 1st. John 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. John 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 4 (across West Main Street). John 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. John 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. John stated that the Planning and Zoning Commission reviewed the rezoning request at their November 22, 2021 meeting and unanimously recommended approval of the request. John 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.” John 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. John noted that the Winery fits within a variety of uses. These are a specialty hotel, retail, restaurant, and on/off-sale alcoholic beverage establishment. John stated that the Winery produces its own wine on site of roughly 100 barrels (or 6,000 gallons). John 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. 422-21 Second reading of Ordinance 1450 Amending City Of Vermillion Code Of Ordinances Title XV Land Usage; Chapter 155, Zoning Regulations; Section 155.026 Entitled Adoption Of Official Zoning Map, Rezoning Lot 1, Block 1, Bliss 2nd Addition, City Of Vermillion, Clay County, South Dakota From The NRC Natural Resource Conservation District To The Gb General Business District to 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. 1450 entitled An Ordinance Amending City Of Vermillion Code Of Ordinances Title XV Land Usage; Chapter 155, Zoning Regulations; Section 155.026 Entitled Adoption Of Official Zoning Map, Rezoning Lot 1, Block 1, Bliss 2nd Addition, City Of Vermillion, Clay County, South Dakota From The NRC Natural Resource Conservation District To The Gb General Business 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 6 day of December, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 20th day of December, 2021 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. 5 BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1450 AN ORDINANCE AMENDING city of vermillion code of ordinances title xv land usage; CHAPTER 155, zoning REGULATIONS; SECTION 155.026 ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING Lot 1, block 1, bliss 2ND Addition, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM the NRC Natural Resource Conservation District to the GB GENERAL BUSINESS District. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, be amended as follows: That Lot 1, Block 1, Bliss 2nd Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the NRC Natural Resource Conservation District and included in the GB General Business District. Dated at Vermillion, South Dakota this 20th 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 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: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Motion carried 9 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 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 second reading of Ordinance No. 1449 to amend Title XV, Land Usage; Chapter 6 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. 423-21 Second reading of Ordinance 1449 Amending City Of Vermillion Code Of Ordinances Title XV, Land Usage; Chapter 158 Medical Cannabis; Section 158.02 By Amending Definitions For Medical Cannabis Dispensary And Medical Cannabis Establishment to 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. 1449 Amending City Of Vermillion Code Of Ordinances Title XV, Land Usage; Chapter 158 Medical Cannabis; Section 158.02 By Amending Definitions For Medical Cannabis Dispensary And Medical Cannabis Establishment 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 6th day of December, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 20th day of December, 2021 at the City Hall Council Chambers in the manner prescribed by SDCL 9- 19-7 as amended. 7 BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1449 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 158 MEDICAL CANNABIS; SECTION 158.02 BY AMENDING DEFINITIONS FOR MEDICAL CANNABIS DISPENSARY AND MEDICAL CANNABIS ESTABLISHMENT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Chapter 158 Medical Cannabis Establishments be amended as follows: § 158.02 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. Dated at Vermillion, South Dakota this 20th 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, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Motion carried 9 to 0. Mayor Collier-Wise declared that the Ordinance has been adopted and directed publication thereof as required by law. 8 C. Second 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 second 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 that 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, 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. 424-21 9 Second reading of Ordinance 1451 Amending City Of Vermillion Code Of Ordinances Title XI, Business Regulations; Chapter 123, Medical Cannabis; Sections 123.01, 123.08, 123.04, And 123.14 By Amending And Replacing “Shareholder” And “Volunteer” for the City of Vermillion, South Dakota Mayor Collier-Wise read the title to the above-named Ordinance, and Council Member Hellwege moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1451 entitled An Ordinance Amending City Of Vermillion Code Of Ordinances Title XI, Business Regulations; Chapter 123, Medical Cannabis; Sections 123.01, 123.08, 123.04, And 123.14 By Amending And Replacing “Shareholder” And “Volunteer” 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 6th day of December, 2021 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 20th 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 1451 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI, BUSINESS REGULATIONS; CHAPTER 123, MEDICAL CANNABIS; SECTIONS 123.01, 123.08, 123.09, AND 123.14 BY AMENDING AND REPLACING “SHAREHOLDER” AND “VOLUNTEER”. 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. Applicant. Any person or entity who has submitted an application for a license or renewal of a license issued pursuant to this Chapter. If the applicant is an entity and not a natural person, applicant shall include all persons who are the members, managers, officers, directors, and volunteers of such entity. Licensee. Any person or business entity that has been issued and holds a valid, current license pursuant to this Chapter. If the licensee is an entity and not a natural person, licensee shall encompass all 10 persons who are the members, managers, officers, directors, volunteers, partners, or associates of such entity. § 123.08 ESTABLISHMENT REQUIREMENTS. A medical cannabis establishment licensee is subject to the following requirements: (A) Any owner, LLC member or manager, director, officer, partnership, or association member who has served as an owner, LLC member or manager, director, officer, partnership, or association member for a medical cannabis establishment that has had its state registration certificate or any local, municipal, or county license revoked is disqualified as a licensee. (B) Any owner, LLC member or manager, volunteer, director, officer, partnership, or association member who is under 21 years of age is disqualified as a licensee. (C) At least one of the owners, LLC members, or shall be a resident of the state of South Dakota. § 123.09 Application for Medical Cannabis Establishment License (A) The name, address, and date of birth of person or entity members, managers, volunteers, directors, officers, partners, or associates of the proposed medical cannabis establishment, as well as the name, address, and date of birth of any current employees at the time such application is filed. § 123.14 Approval Process (A) Upon receipt of a complete application, the City Manager or the City Manager’s designee shall circulate the application to all affected service areas and departments of the City to determine whether the application is in full compliance with all applicable laws, rules, and regulations. No license shall be sufficient for the City’s governing body consideration until after the City Manager or the City Manager’s designee has caused the proposed premises to be inspected to determine compliance of the premises with all applicable requirements of this Chapter and the City of Vermillion Code of Ordinances, and with the plans and descriptions submitted as part of the application. No license shall be approved by the City’s governing body until after the City Manager or the City Manager’s designee has completed a background check of the owners or entity members, managers, officers, directors, volunteers, partners or associates and proposed employees of the proposed establishment. The City’s governing body or designee shall deny any application that does not meet the requirements or limitations of this Chapter, and shall deny 11  any application that contains any false, misleading, or incomplete information. Dated at Vermillion, South Dakota this 20th 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 Holland. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Motion carried 9 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 to extend Natural Gas Franchise with MidAmerican Energy until February 2027 John Prescott, City Manager, reported on a resolution to extend Natural Gas Franchise with MidAmerican Energy until February 2027. John stated that the City Council adopted Ordinance No. 1164 on January 15, 2007, and that ordinance renewed the natural gas franchise with MidAmerican Energy Company for fifteen years. John noted that the attached resolution would continue the existing franchise terms and conditions for the next five years or until February 2027. John stated that the existing franchise agreement included the annual presentation to the City Council. John noted that this agenda item has provided an opportunity for the City Council to visit with MidAmerican representatives on a regular basis vs. just when the franchise is expiring. John noted MidAmerican Energy has expressed that they are comfortable with the existing terms and conditions of the franchise agreement. 12 Mark Reinders, franchise manager with MidAmerican Energy, thanked the City for the long-term partnership. 425-21 After reading the same once, Council Member Hellwege moved adoption of the following: RESOLUTION AMENDING AND CONTINUING THE FRANCHISE GRANTED TO MIDAMERICAN ENERGY, ITS SUCCESSORS AND ASSIGNS TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF VERMILLION, SOUTH DAKOTA, A NATURAL GAS SYSTEM AND TO FURNISH AND SELL NATURAL GAS TO THE CITY AND ITS INHABITANTS FOR A PERIOD OF FIVE YEARS WHEREAS, the current natural gas franchise with MidAmerican Energy Company (“Company”) was granted by Ordinance 1169 with an effective date of February 15, 2007 and codified by City Code; and WHEREAS, said Ordinance embodies the terms of the agreement reached by the City and Company in the negotiations preceding its adoption; and WHEREAS, the franchise has a maximum 20-year term as allowed by South Dakota law but was approved for 15 years. However, the franchise provides that if the City Council and Company agree at any time during the initial 15-year term to extend the franchise for an additional five years, the City Council shall implement this extension by resolution. The Company may accept the extension in writing within 30 days of receiving an official copy of the resolution; and WHEREAS, the current natural gas franchise will terminate February 15, 2022, unless the City Council acts to extend the agreement; and WHEREAS, it is in the best interests of the City and Company to continue the franchise. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the City Council Chambers of said City at 7:00 p.m. on the 20th day of December 2021, that: Section 27. Amendments. Ordinance 1169 is amended by adding a new subsection as follows: A. This franchise is continued for a period of five years, until February 15, 2027. 13  B. Repealer. All ordinance and parts of the ordinance in conflict with this amendment are hereby repealed. C. Effective Date. This resolution shall be in effect after its final approval and publication as provided by law. Dated at Vermillion, South Dakota this 20th 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 The motion was seconded by Council Member Willson. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 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 to adjust 2022 Prentis Plunge rates Stone Conley, Assistant to the City Manager, reported on a resolution to adjust the 2022 Prentis Plunge admission and season pass rates. Stone stated that the last increase in pool pass fees occurred in 2017. Stone noted that a variety of pool pass options were offered to the public in addition to a daily admittance fee option along with reduced season pool passes for those individuals or families meeting certain income requirements. Stone noted that, during the 2021 budget review process, staff recommended adjusting season pass and daily admission rates. Stone noted that staff has reviewed the proposed rate schedule and concurred with the recommended rate changes. Deals utilized previously with regards to benefits or social assistance will also remain in effect. Stone noted that City staff has proposed Ages 0-6 free admission with paid adult, limit two under 7 with one paid adult, $6 single day admissions for 7 years old and older, and a season pass for ages 7 years old and older at $50. Stone noted that there will be continued financial assistance on season passes. 426-21 After reading the same once, Council Member Ward moved adoption of the following: 14  RESOLUTION TO ADJUST FEE RATES FOR PRENTIS PLUNGE SWIMMING POOL WHEREAS, the City Council establishes rates and fees for City services; and WHEREAS, the City Council has previously changed the original swimming pool fee rates; and WHEREAS, the cost of maintenance, operations, and supplies has increased, while the fee rates have not changed since 2019. 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 City Hall at 7:00 p.m. on the 20th day of December 2021, that rates be amended as follows: Ages 0 – 6 Free with paid adult; limit two children under 7 per paid adult Daily Admission Fee $6.00 Season Pass $50.00 Will also offer discounted admission days and a 10% off preseason pass sale event. Dated at Vermillion, South Dakota this 20th 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 The motion was seconded by Council Member Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Collier-Wise declared that the Resolution was adopted C. Resolution to adjust 2022 Bluffs Golf Course fees Stone Conley, Assistant to the City Manager, reported on a resolution to adjust the 2022 Bluffs Golf Course fees. Stone noted that, during the 2021 budget review process, staff recommended adjusting season pass, green fee, and cart rental rates. Stone stated that the Golf 15 Advisory Board has reviewed the proposed rate schedule and concurred with the recommended rate changes. Stone noted that the one concern is that, with annual rate increases, the cost of a season pass may be reaching the point where the cost will drive pass holders away. Stone noted that the bulk of revenue at the Bluffs comes from three main sources: season passes, outings and green fees. Stone reported that the total rounds of golf in 2021 were 28,000 compared to 25,000 rounds in 2020. Season Pass totals were 90 Family, 110 Adult, 93 College, and 11 Junior for 304 total Season Passes. Stone also noted how early or late the golf season begins impacts the total playable days and the number of rounds. 427-21 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION ADJUSTING GOLF COURSE FEE RATES WHEREAS, the City Council establishes rates and fees for City services; and WHEREAS, the need for some fees change over time due to industry practices; and WHEREAS, annual rates and per round fees are adjusted periodically to recover the increased costs of providing a service after January 1, 2022. 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 20th day of December 2021, that rates be adjusted as follows: Golf Course: Season Pass: 2 Person Family $749.00 annually, plus one child $819.00 annually, 2+ $849.00 annually; Adult $579.00 annually; college (full time) or under 25 $299.00 annually. Private Carts: Cart Storage (limit to 80 carts) $379.00 annually, Trail fee (homeowners) $249.00 annually. Cart Passes: 2 Person Family $749.00 annually; Adult $549.00 annually. Green Fees: 9-Hole Monday-Thursday $20.00; 18-Hole Monday-Thursday $27.00; 9-Hole Friday-Sunday & Holidays $23.00; 18-Hole Friday-Sunday & Holidays $35.00. 16 Cart Rental: 9-Hole (per person) $15.00; 18-Hole (per person) $20.00. League Membership: 1 League $185.00; 2 Leagues $285.00. League Cart: 1 League $130.00; 2 Leagues $185.00. Dated at Vermillion, South Dakota this 20th day of December 2021. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By:________________________ Kelsey Collier-Wise, Mayor Attest: ______________________________ 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. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Collier-Wise declared that the Resolution was adopted D. Garbage haulers license Katie Redden, Finance Officer, reported that the following have made application, including the proof of insurance, for commercial collector’s licenses for 2021: Loren Fischer Disposal - Loren Fischer, Owner; Fischer Disposal, LLC - Lonnie Fischer, Operator; Art’s Garbage Service - Division of Waste Connections; Vermillion Garbage Service – VSG, Inc., and Waste Management of Sioux City Iowa. Katie noted that, as part of the renewal, applicants were requested to include any violations of City ordinance and the Police Chief did a local record check on each applicant with his results included in the memo. Discussion followed. 428-21 Council Member Holland moved approval of the commercial collector’s licenses for 2021 for the businesses listed. Council Member Price seconded the motion. Discussion followed on the commercial collection license process. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. E. Planning and Zoning Commission member appointment. 17 Mayor Collier-Wise reported that included in the packet was a number of expression of interest forms for the Planning Commission position and that upon polling the Council members the recommendation is Nate Steele to fill the vacant spot that will expire in 2025. 429-21 Council Member Price moved approval of the appointment of Nate Steele to the Planning Commission for a term expiring in 2025. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. F. Public Safety Center Board member appointment Mayor Collier-Wise reported that when the Public Safety Center was built there was a Construction and Use Agreement entered into with Clay County that created a Public Safety Center Board to resolve any issue between the City and County on the use of the facility. The current Board members are Dave Thiesse (2021), Robert Fuller (2022), and Bruce Plate (2023). John stated that Sheriff Howe and Police Chief Betzen recommended the reappointment of Dave Thiesse for a three-year term ending December 31, 2024. Discussion followed on the Safety Center Board. 430-21 Council Member Price moved approval of the reappointment of Dave Thiesse to the Public Safety Center Board for a term that expires December 31, 2024. Council Member Willson seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. G. Historic Preservation Commission member appointment Mayor Collier-Wise reported that the City Council created the Historic Preservation Commission with the adoption of Ordinance No. 1376 which became effective on July 19, 2018. Mayor Collier-Wise reported that the ordinance provided for the creation of a seven-member board with four members being property owners in an officially designated historic district, and when available, two members who have expertise in the disciplines of history, architectural history, architecture, architecture, planning, urban planning, American studies, American civilization, cultural geography, cultural anthropology, or related fields. Mayor Collier-Wise reported that the terms of appointment are for three years with the initial appointments having staggered expirations. Mayor Collier-Wise reported that one expression of interest application was received and recommended Erin Beyers as a member of the City of Vermillion Historic Preservation Commission for a three year term. 431-21 18 Council Member Price moved approval of the Mayor’s recommendation of Erin Beyers for appointment to the Historic Preservation Commission. Council member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise asked the City Manager to notify the individuals of their appointment. H. County, School & City combined election agreement Katie Redden, Finance Officer, reported that state statute provides that, if the governing body of a municipality chooses an election date other than the second Tuesday of April, the date of such election be established by January fourteenth of the election year. Katie reported that City ordinance calls for an election on the even numbered years to be combined with the primary election. Katie noted that the County Auditor indicated they are having an election for the courthouse project for June 7, 2022. Katie noted that the School District is also requesting to combine with the County election. Katie stated that the agreement proposed is the same terms as used in 2020 with the cost to the City of $2,800. Katie noted that the cost of the special election on the daycare registration and malt beverage markup cost over $3,500. Katie noted that the combined elections have provided for a higher voter turnout. Katie recommended adoption of the agreement. Discussion followed on the combined election agreement. 432-21 Council Member Willson moved approval of the combined election agreement with Clay County and the School District for the 2022 City election to be combined with the June 7th primary at a cost of $2,800. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 9. Bid Openings A. Water Treatment Chemicals Shane Griese, Utilities Manager, reported that bids were opened on December 15, 2021 for the annual supply of lime and soda ash for the Water and Wastewater Treatment Plants. Shane reported that documents were sent to nine prospective bidders and six bids were received. Shane reported that the bid from Lhoist North America could not be read as no bid bond was received. Shane recommended awarding the quick lime bid to the low bidder Graymont LLC at $177.55 per ton. Shane recommended the bid on the soda ash of DoBois Chemicals, Inc of $394.00 per ton. Discussion followed. Bids: Proposal 1: 500-tons quicklime: Lhoist North America bid not read as no bid bond; Pete Lien & Sons $138.65/ton FOB plant, $144.50 19 freight, $31.79 Fuel Surcharge, total $314.94; Mississippi Lime $272.22/ton FOB plant, $71.85 freight, total $344.07; Graymont (WI) LLC $177.55/ton; Proposal 2: 475-ton soda ash: DuBois Chemicals, Inc $394.00/ton; Thatcher Company, Inc $472.42/ton. 433-21 Council Member Price moved approval of the low bid on Proposal 1 for quicklime to Graymont (WI) LLC at $177.55 per ton and on Proposal 2 the only bid of DuBois Chemicals, Inc of $394.00 per ton. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 10. City Manager's Report A. John reported that the City Planning and Zoning Commission and the County Planning Commission will have a joint meeting on Monday, December 27, 2021 at 5:30 p.m. in the Jack Powell Conference room. They will be reviewing potential changes to the A-1 and Light Industrial zoning as well as definitions for uses in the JJZA. No action will be taken as this is not advertised as a public hearing. B. John reported that City offices will be closed on Friday, December 24 and Friday, December 31, 2021 for the Christmas and New Year’s holidays. Residents who typically have curbside recycling collection on these two Fridays will have their recycling collected on Monday, December 27th and Monday, January 3rd. C. John reported that the Christmas Tree collection site opened on December 15th and accepts real trees. The site is located on the south side of Broadway Street just west of Dakota Street. Please remove any plastic that you might wrap the tree in for transporting it as well as lights and decorations. Accepting trees until January 17, 2022. D. John reported that the Library is seeking responses to a library services survey. Citizens are asked to complete the survey before December 31st. The survey is available on the Library’s website or there are paper copies at the Library. E. John reported on a raffle notification: The St. Agnes Knights of Columbus are selling 100 raffle tickets at $20 each. Tickets will be sold March 10 to April 5, 2022. Winners are based on the last digit of score of the respective teams playing in the Elite 8 of the NCAA Men’s Basketball tournament. Prizes for the different games range from $150 to $200. $1,000 in total will be paid in prizes while the other $1,000 will go toward gymnasium improvements at St. Agnes school. PAYROLL ADDITIONS AND CHANGES 20 Parks: Carter Haug $11.00/hr; Ambulance: Ryne Whisler $$12.00/hr- $12.00/training hr-$18.00/holiday hr-$2.00/on call-$3.00/holiday on call; Communications: Patsie Torres $18.44/hr; Recycling: $22.37/hr 11. Invoices Payable 434-21 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 190.95 AMAZON BUSINESS SUPPLIES 283.28 AMERICA'S TEST KITCHEN BOOKS 31.90 AMERICAN LEGAL PUBLISHING 2021 SUPPLEMENT PAGES 203.00 AMS BUILDING SYSTEM LLC WATER HEATER REBATE 120.00 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 340.30 AT&T MOBILITY MOBILE HOT SPOTS 426.54 AVI SYSTEMS LIBRARY MTG ROOM SYSTEM 13,897.92 BIERSCHBACH EQPT & SUPPLY PORTABLE PUMP 5,540.00 BLACKSTONE PUBLISHING BOOKS 93.50 BOBS LOCK AND KEY PROFESSIONAL SERVICES 42.25 BORDER STATES ELEC SUPPLY SUPPLIES 841.88 BOUND TREE MEDICAL, LLC REGULATORS 1,432.89 BRIAN REZAC REFUND PARKING TCKT OVERPMT 5.00 BROADCASTER PRESS ADVERTISING 1,472.65 BUHLS CLEANERS MAT/MOP SERVICES 440.59 BUREAU OF ADMINISTRATION TELEPHONE 353.83 BURNS & MCDONNELL PROFESSIONAL SERVICES 41,436.43 BUTLER MACHINERY CO. REPAIRS/PARTS 4,967.55 CALLAWAY GOLF MERCHANDISE 64.23 CANNON TECHNOLOGIES, INC YUKON SOFTWARE/SUPPORT 8,353.00 CASK & CORK MERCHANDISE 423.00 CENGAGE LEARNING INC/GALE BOOKS 449.43 CENTER POINT LARGE PRINT BOOKS 209.68 CENTURYLINK TELEPHONE 1,558.81 CHARLES CORDER REFUND PARKING TCKT OVERPMT 5.00 CHRISTENSEN RADIATOR & REPAIRS REPAIRS 68.85 CITY OF SIOUX FALLS TESTING 29.00 CITY OF VERMILLION LANDFILL VOUCHERS/STREET PATCH 1,180.29 CLAY RURAL WATER SYSTEM WATER USAGE 43.30 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,586.99 CONTROL INSTALLATIONS OF IOWA REPAIRS 1,488.60 CORE & MAIN LP SUPPLIES 274.50 DAKOTA BEVERAGE MERCHANDISE 10,608.95 21 DAKOTA PC WAREHOUSE ADAPTER 22.99 DAKOTA ROCK FARMS SLUDGE HAULING 26,512.50 ECHO ELECTRIC SUPPLY SUPPLIES 983.09 ENERGY LABORATORIES TESTING 1,208.50 FAST AUTO GLASS ROCK CHIP REPAIRS 60.00 FINDAWAY WORLD LLC BOOKS 719.86 GERSTNER OIL CO FUEL 14,242.18 GLOBAL DIST. MERCHANDISE 154.00 GLOBAL EQUIPMENT COMPANY BOOK DISPLAYS 497.94 GREGG PETERS MANAGERS FEE 6,000.00 HACH CO PARTS 2,486.04 HAMILTON MEDICAL MOUNTING BRACKET 146.32 HARTINGTON TREE LLC STUMP GRINDING 828.00 HEIMAN FIRE EQUIPMENT PARTS 939.37 HEINEMANN RESTORATION INC REPAIRS 5,933.33 HY VEE FOOD STORE FLORAL 79.98 INGRAM BOOKS 2,049.05 INSURANCE BENEFITS INC. AIRPORT LIABILITY 4,939.00 INTL ASSOC. OF CHIEFS OF POLICE DUES 525.00 JENNIFER GOETZINGER BRIGHT ENERGY SOLUTIONS 200.00 JERRY'S CHEVROLET BUICK GM REPAIRS 1,963.28 JESSICA NEWMAN MEALS REIMBURSEMENT 225.00 JIM GOBLIRSCH MEALS REIMBURSEMENT 37.00 JOHN A CONKLING DIST. MERCHANDISE 2,347.05 JOHNSEN HEATING & COOLING ARMORY HVAC SYSTEM 20,958.91 JOHNSON BROTHERS OF SD MERCHANDISE 17,112.68 JONES FOOD CENTER SUPPLIES 961.87 KAMILLA CLAEYS REFUND PARKING TCKT OVERPMT 5.00 KIMBALL MIDWEST PARTS 163.42 L.G EVERIST, INC ICING SAND 2,726.72 LAYNES WORLD AWARDS 411.30 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,180.00 MART AUTO BODY & MARINE LLC TOWING 75.00 MASABA, INC BRIGHT ENERGY SOLUTIONS 383.20 MATHESON TRI-GAS, INC CYLINDER RENTAL/SUPPLIES 551.40 MATT DAVIS MEALS REIMBURSEMENT 225.00 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 4,099.00 MEAD LUMBER SUPPLIES 23.14 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 135.85 MEDLINE INDUSTRIES, INC SUPPLIES 684.50 MICRO MARKETING LLC BOOK 64.00 MIDAMERICAN GAS USAGE 11,944.93 MIDCONTINENT COMMUNICATION INTERNET/CABLE SERVICE 1,405.20 22 MIDWEST ALARM CO REPAIRS/MONITORING 921.44 MIDWEST READY MIX & EQUIPMENT FLOWABLE FILL/PEA ROCK 766.09 MIDWEST TURF & IRRIGATION REPAIRS 1,672.56 MOORE WELDING & MFG REPAIRS 25.00 NATIONAL MUSIC MUSEUM FUNDING 7,500.00 NEBRASKA JOURNAL-LEADER ADVERTISING 31.95 NETSYS+ PROFESSIONAL SERVICES 770.00 O'REILLY AUTO PARTS PARTS 561.17 OVERDRIVE INC DIGITAL MAGAZINE SUBSCRIPTION 4,350.00 OVERHEAD DOOR OF SIOUX CITY REPAIRS 778.90 PCC, INC COMMISSION 5,948.22 PHELPS SUPPLIES 520.94 PING/KARSTEN MFG CORP MERCHANDISE 618.97 POMPS TIRE SERVICE, INC. REPAIRS 854.30 PRAIRIE BERRY WINERY MERCHANDISE 672.00 PRESSING MATTERS ENVELOPES 129.00 RACOM CORPORATION REPAIRS 210.00 REDI TOWING TOWING 975.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 9,615.61 RIVERSIDE HYDRAULICS & LAB PART 13.44 RIVERSIDE TECHNOLOGIES, INC SUPPORT/MAINTENANCE 3,772.00 RONS AUTO GLASS, INC WINDSHIELD 570.00 RUNNING SUPPLY, LLC PARTS/SUPPLIES 800.88 SANFORD HEALTH OCCUPATIONAL TESTING 576.00 SANFORD HEALTH PLAN PARTICIPATION FEES 48.00 SANITATION PRODUCTS INC PARTS 92.36 SCANTRON CORPORATION PRINTER RIBBONS 68.98 SD DENR LANDFILL OPERATIONS FEE 3,623.27 SD DEPT OF HEALTH FOOD LICENSE RENEWAL 275.00 SD FEDERAL PROPERTY AGENCY ENTRENCHING TOOL 35.00 SD MUNICIPAL STREET MAINTENANCE MEMBERSHIP DUES 35.00 SIOUXLAND HUMANE SOCIETY FEES 37.00 SNAP-ON INDUSTRIAL SUPPLIES 867.55 SOUTH DAKOTA 811 LOCATES 583.80 SOUTHERN GLAZER'S OF SD MERCHANDISE 9,994.87 SOUTHERN LIVING BOOKS BOOK 42.91 STAPLES BUSINESS CREDIT SUPPLIES 1,912.12 STUART C. IRBY CO. PARTS 4,337.30 STURDEVANTS AUTO PARTS PARTS 84.63 SYNCB/AMAZON BOOKS/DVDS/SUPPLIES 2,611.88 T BROTHERS LOGISTICS LLC HAULING 350.00 TASTE OF HOME BOOKS BOOK 10.00 THE LUMBERYARD LLC SUPPLIES 36.72 23 THE UPS STORE #6751 POSTERS/LAMINATING 63.14 THOMAS L PRICE INC EVALUATION/SCREENING 700.00 TRACTOR SUPPLY CREDIT PLAN SHOVEL/SPADES 106.95 TWIN CITY HARDWARE SUPPLIES 315.54 TWO WAY SOLUTIONS REPAIRS 217.98 ULINE DOG WASTE BAG/LINERS 516.45 UNITED PARCEL SERVICE SHIPPING 232.29 US BANK AGENT ADMINISTRATIVE FEES 700.00 US POSTMASTER POSTAGE/FIRST CLASS PRESORT FEE 1,656.00 USA BLUEBOOK SUPPLIES 431.29 USD MARKETING & U RELATION STEMLESS WINE GLASSES 39.60 USPS-POC POSTAGE FOR METER 700.00 VERMEER HIGH PLAINS PARTS 1,278.86 VERMILLION ACE HARDWARE SUPPLIES 114.49 VERMILLION AREA ARTS COUNCIL FUNDING 2,000.00 VERMILLION AUTO WORKS REPAIRS 228.80 VERMILLION CHAMBER OF COMMERCE VERMILLION BUCKS 250.00 VERONICA STYS REFUND AMBULANCE OVERPAYMENT 373.17 WASTE MANAGEMENT OF WI-MN WASTE HAULING 915.77 WESCO DISTRIBUTION, INC SUPPLIES 31,453.60 WH OVER MUSEUM CONTRIBUTION 16,000.00 YANKTON MOTORSPORTS LLC REPAIRS 394.95 ZEE MEDICAL SERVICE SUPPLIES 93.20 ZEP SALES & SERVICE SUPPLIES 451.40 2022 INVOICES ESO SOLUTIONS SOFTWARE/MAINTENANCE 15,604.58 MUNICIPAL ELEC ASSOCIATION MEMBERSHIP DUES 4,198.00 SDML WORKERS COMP FUND 2022 WORKERS COMP 102,974.00 Council Member Willson seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. 12. Consensus Agenda 13. Adjourn 435-21 Council Member Ward moved to adjourn the Council Meeting at 7:47 p.m. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of December, 2021. 24  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