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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · August 15, 2022

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Minutes

Unapproved Minutes Council Special Session August 15, 2022 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, August 15, 2022 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole Absent: Humphrey 2. Adoption of Agenda 273-22 Council Member Price moved approval of the agenda. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Educational Session – Cotton Park Frisbee Golf Course- Parks & Recreation, Jim Goblirsch Jim Goblirsch, Parks and Recreation Director, reported that a group of disc golf players have a proposal to bring life to Cotton Park and create a Disc Golf Course. Jim noted that during the 2023 budget meeting there was $25,000 proposed in the second penny to facilitate this project. Mike Phelan with the Vermillion River Disc Golf non-profit proposed the idea of using land around Cotton Park for a new Disc Golf Course. Mike noted that in the last decade disc golf players have gone up around 400% with the largest increase in the last two years. Mike spoke on how the growth of players has impacted Vermillion and proposed a future course. Mike stated that this course would be one of the longest and most difficult ones in South Dakota. Discussion followed on the Disc Golf Course and future events for Vermillion. 5. Informational Session- Discussion of USD Pool Funding Request- Mayor Jon Cole 1 Mayor Cole reported on discussion of the USD pool funding request. Mayor Cole noted that John Prescott and David Herbster had a meeting on a proposal for funding. John Prescott, City Manager, noted that he proposed a $300,000 sales tax rebate and $700,000 in second penny contributions split out till 2028. John noted that if USD goes over the $300,000 in tax rebate the remaining amount would then be made up by a smaller second penny contribution to meet the $1 million request. John stated that after meeting with David Herbster the University would like a $200,000 tax rebate and a $800,000 pledge. Council Member Holland noted that parking would still be an issue. Council Member Hellwege stated that she was disappointed in the University’s proposal for community days and that parking is going to be a large issue. Discussion followed on what type of funding the City of Vermillion would give to USD for the Wellness Center renovations. 6. Briefing on the August 15, 2022 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Executive Session as allowed per State Statute 1-25-2(1) Council Member Murra moved to go into Executive Session at 1:01 p.m. Council Member Price seconded the motion. Mayor Cole declared the Council in Executive Session. Mayor Cole declared the Council out of Executive Session at 1:42 p.m. 8. Adjourn 274-22 Council Member Murra moved to adjourn the Council special session at 1:42 p.m. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 15th day of August, 2022. 2 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Unapproved Minutes City Council Regular Session August 15, 2022 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on August 15, 2022 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2. Pledge of Allegiance 3. Minutes A. Minutes of July 25, 2022, Special Meeting, August 1, 2022, Special Session and, August 1, 2022, Regular Session 275-22 Council Member Murra moved approval of the July 25, 2022, Special Meeting, August 1, 2022, Special Session and August 1, 2022 Regular session minutes. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 276-22 Council Member Ward moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 3 Ed Allen, 447 N Plum Street, stated that with all the projects going on to make Vermillion look nice the one thing that needs to be updated is the lighting. Ed noted that they are too bright and ugly. A. American Legion Post 1 Class B State Championship Proclamation Council Member Ward read a proclamation congratulating the American Legion Post 1 on the Class B State Baseball Championship. Tom Heisinger stated that he has been through a lot with this group of boys and they are all great kids. Tom stated that this team has raised great ball players and even better men. Jeff Kratz stated that he is very thankful for the facilities that the City provides. Jeff noted that umpires love to come to the facility and it’s great for the fans. 6. Public Hearings - None 7. Old Business A. Second reading of Ordinance 1468 to amend Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial District. (vacant land located east of 414 W. 8th Street) Jose Dominguez, City Engineer, reported that the City received a petition to rezone this area from Mr. Tim Schwasinger on July 8th. Jose noted that Mr. Schwasinger is the owner of the property being considered tonight. He is requesting that the property be rezoned from R-2 Residential District to the LI-Light Industrial District. Jose stated that the City’s Planning and Zoning Commission considered this item at their July 25th meeting. After reviewing the item, they unanimously recommended that the Council approve the rezone of the property. 277-22 Second reading of title to Ordinance No. 1468, entitled AN ORDINANCE AMENDING Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial District for the City of Vermillion, South Dakota. 4 Mayor Cole 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 1468 entitled an Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial 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 1st day of August, 2022 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 15th day of August, 2022 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 1468 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.026 REZONING LOT 3A, BLOCK 18, ORIGINAL TOWN; AND LOTS 7, 8, AND E ½ OF LOT 9, BLOCK 8, VAN METERS ADDITION; CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE R-2 RESIDENTIAL DISTRICT TO THE LI-LIGHT INDUSTRIAL DISTRICT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Section 155.026, Adoption of Official Zoning Map, be amended as follows: Rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the R-2 Residential District and included in the LI-Light Industrial District. Dated at Vermillion, South Dakota this 15th day of August 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer 5 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, Murra-Y, Price-Y, Letellier-Y, Ward-Y, Mayor Cole-Y. Motion carried 9 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Request to close W. Main Street from west line of the Court Street intersection west to the CorTrust alleyway as it abuts Ratingen Platz, Market Street from W. Main Street to ½ a block south, and Prospect Street from W. Main Street to ½ a block north on Thursday, December 1, 2022 from 4:30 p.m. to 7:30 p.m. for the Vermillion Area Chamber and Development Company’s Standstill Parade of Lights. John Prescott, City Manager, reported that the Vermillion Chamber of Commerce and Development Company (VCDC) is planning the 7th annual Parade of Lights on Thursday, December 1, 2022. John reported that the 2022 parade will be the same as the last few years’ where a “stand still” parade will take place on Main Street between Court Street and Ratingen Platz. John stated that the public will be encouraged to walk up and down Main Street to view the different entries then proceed to Ratingen Platz for the tree lighting. John stated that the street closure for this year’s event is requested for 4:30 p.m. to 7:30 p.m. John reported that the request has been reviewed by the Police, Fire and EMS Departments. 278-22 Council Member Hellwege moved approval of the Request to close W. Main Street from west line of the Court Street intersection west to the CorTrust alleyway as it abuts Ratingen Platz, Market Street from W. Main Street to ½ a block south, and Prospect Street from W. Main Street to ½ a block north on Thursday, December 1, 2022 from 4:30 p.m. to 7:30 p.m. for the Vermillion Area Chamber and Development Company’s Standstill Parade of Lights. Council Member Jennewein seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. B. Agreement with Burns & McDonnell for Design and Bid Administration Services for the Design of Leachate Pond No. 2 at the Vermillion Landfill Jose Dominguez, City Engineer, reported on an agreement with Burns & McDonnell for Design and Bid Administration Services for the Design of Leachate Pond No. 2 at the Vermillion Landfill. Jose noted that, with the increased use of the Landfill and with the completion of cell 6, the Landfill is now in need of another leachate pond. Jose stated that a 6 leachate pond collects the effluent created when water runs through the landfill cells and mixes with the decomposing waste. Jose noted that the leachate cannot be allowed to flow outside of the Landfill, so it is collected in ponds and then irrigated on to the Landfill cells. Eventually the liquid in the leachate evaporates leaving the solids at the bottom of the ponds or on top of the waste in the Landfill. Jose noted that the proposed project is for the design of the new leachate pond and the agreement will allow Burns & McDonnell to prepare the application for funding assistance from the State to help pay for the new leachate pond. Jose noted that there are two applications that need to be made. One application is for the State Water Plan to be eligible for a combination of state grants and loans. The second application would be to the Solid Waste Management Program for the actual grant and loan packages. 279-22 Council Member Jennewein moved approval of the Agreement with Burns & McDonnell for Design and Bid Administration Services for the Design of Leachate Pond No. 2 at the Vermillion Landfill. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings 10. City Manager's Report A. Jose reported that the City’s chip seal contractor is scheduled to start the project this Thursday, August 18th and completing it the following day. Jose stated that this work is weather dependent, and the contractor will be informing us if work will be occurring as previously planned. Jose noted considering that the 18th is the first day of school for the Vermillion School district, and that the 19th is move-in day for USD, the list of streets being chip sealed has been modified to remove, as much as possible, streets that may impact these important events. The streets being chip sealed are: W. Main Street between Stanford and High Streets; Carr Street between W. Main and W. Clark Streets; W. National Street between Franklin and Prospect Streets; Center Street bewtween National and Dartmouth Streets; Elm Street between E. National and E. Dartmouth Streets; Forest Avenue; South Yale Street; Lewis Street between Forest Avenue and S. University Street; Lewis Street between S. Norbeck Street and S. Mickelson Avenue; Valley View Drive between Canby Street and Valley View Circle; Crestview Drive between Catalina Avenue and S. Norbeck Street; High Street between W. Main and W. Cedar Street; East Duke Street between N. Plum and Jefferson Street. 7 Jose reported that City staff has also been in contact with the Slurry Seal contractor to see when the project will commence. Jose noted that the contractor has experienced delays with the delivery of new equipment. Due to the delays, they purchased used equipment, which they have also experienced delays acquiring spare parts for repairs. Jose noted that at this point the contractor is unsure if they will be able to complete the work for the City by the end of September 2022. Jose stated that City Staff is working with the contractor on a plan to lock in the 2022 pricing but complete the work in 2023 if the project cannot be completed by the end of September 2022. This would ensure that the price does not increase, and that the work is completed next year. Jose noted that the City would temporarily stripe parts of downtown (e.g. crossings, some of the parking striping, handicap parking areas, and block-out areas) until they are re-striped through the Slurry Seal project in 2023. B. John reported that a one-year term on the Housing Authority Board remains open due to a resignation. This seat is reserved for a program participant. Please contact City Hall if you are interested in filling this position. C. John stated that the City has received notice of two properties being considered by the State Historical Society Board of Trustees for nomination to the National Register of Historic Places. One nomination is for the Basil H. and Frances Jacobson House at 1101 James Street. The second nomination is for the Jolley Historic District. The area is immediately east of the Forest Avenue Historic District, south of E. Main Street, north of the bluff and bordered on the east by portions of the alley between Plum and Pine Street, Pine Street, and Linden Street. Public comments will be accepted through August 26, 2022. The Board will act on the nominations at their September 9, 2022 meeting in Pierre. D. John noted that the City’s Planning and Zoning Commission will have a meeting next Monday, August 22nd at 5:30 p.m. The agenda at this point includes a zoning amendment as it relates to main floor residential units in the Central Business District. E. John stated that the City’s Planning and Zoning Commission and County Planning Commission will have a joint meeting on Monday, August 29th to discuss possible zoning amendments to the Light Industrial zoning in the Joint Jurisdiction Zoning Area. F. John reported that two Commissions have openings. There is an opening for the final year of a term and an opening for a 2-year term on the Tree Board. Three terms are expiring on the City’s Historic Preservation Commission. Terms are for three years. Expression of Interest forms for the Tree Board and Historic Preservation Commission should be submitted 8 by 5:00 p.m. on Thursday, September 1st. City Council may make appointments at the September 6th meeting. G. John noted that City offices are closed on Monday, September 5th for Labor Day. The next regular City Council meetings will be on Tuesday, September 6th. PAYROLL ADDITIONS AND CHANGES Police: Dallas Schnack $30.00/hr, Joe Ostrem $32.42/hr; Street: Benjamin Heintz $18.73/hr, John Pittman $18.73/hr; Clubhouse: Tracy Eich $10.00/hr; Landfill: Kyle Pickett $11.50/hr 11. Invoices Payable 280-22 Council Member Humphrey moved approval of the following invoices: A-OX WELDING SUPPLY CO CHEMICALS 3,202.50 AMAZON BUSINESS SUPPLIES 2,564.93 ANIMAL CARE EQUIPMENT & SERVICES SUPPLIES 39.15 APPEARA SHOP TOWELS 45.00 AQUA-PURE INC CHEMICALS 2,600.00 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 389.54 AT&T MOBILITY MOBILE HOT SPOTS 368.10 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 18,885.00 BASIN ELECTRIC POWER COOP REPAIRS 1,476.01 BILL BROWN JUNK/DEBRIS REMOVAL 120.00 BLACKSTONE PUBLISHING BOOKS 131.74 BLUEPEAK INSTALLATION/INTERNET SERVICE 2,100.03 BROADCASTER PRESS ADVERTISING 3,120.20 BRUNICKS SERVICE INC PROPANE 85.00 BUHLS CLEANERS MAT/MOP SERVICES 727.74 BUREAU OF ADMINISTRATION TELEPHONE 407.48 BURNS & MCDONNELL PROFESSIONAL SERVICES 991.80 C & B OPERATIONS, LLC PARTS 123.20 CADD/ENGINEERING SUPPLY, INC INK CARTRIDGES 405.35 CANNON TECHNOLOGIES, INC WATER NODES 2,019.60 CASK & CORK MERCHANDISE 794.88 CENTURYLINK TELEPHONE 1,568.21 CHAD CHRISTOPHERSON SAFETY BOOTS REIMBURSEMENT 171.19 CITY OF VERMILLION LANDFILL VOUCHERS 357.00 CLAY RURAL WATER SYSTEM WATER USAGE 205.30 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,406.10 9 CLEVELAND GOLF MERCHANDISE 78.89 CORE & MAIN LP PARTS/SUPPLIES 2,538.55 CORE-MARK MIDCONTINENT, INC MERCHANDISE 1,722.03 CUTTER & BUCK MERCHANDISE 467.33 DAKOTA BEVERAGE MERCHANDISE 8,115.60 DEMCO SUPPLIES 929.76 DIAMOND VOGEL PAINTS TRAFFIC PAINT/SUPPLIES 1,460.90 DISPLAY SALES COMPANY BANNERS/RODS 6,017.24 DUBOIS CHEMICALS CHEMICALS 7,419.50 ECHO ELECTRIC SUPPLY SUPPLIES 265.24 ELECTRIC PUMP, INC REPAIRS 2,030.11 ENGRAVER'S EDGE NAME TAGS 44.80 GALLS INCORPORATED HELMET BAGS/FACE SHIELDS 3,832.92 GELDNER UNDERGROUND HYDRANT DEPOSIT LESS WTR USAGE 397.80 GLOBAL INDUSTRIAL PARTS 43.34 GRAINGER FILTERS 483.44 GRAYMONT (WI) LLC CHEMICALS 4,823.67 GREGG PETERS MANAGERS FEE 6,000.00 HAUGER LAWN SERVICE MOWING/SPRAY WEEDS 151.00 HAWKINS INC CHEMICALS 4,074.41 HELMS & ASSOCIATES PROFESSIONAL SERVICES 2,822.27 HIGH POINT NETWORKS REPAIRS 95.00 HIRECLICK-KELOLAND EMPLOYMENT ADVERTISING 109.00 HY VEE FOOD STORE SUPPLIES 403.31 INGRAM BOOKS 1,304.69 JACKS UNIFORM & EQPT UNIFORM 3,276.87 JAY'S PLUMBING REPAIRS 163.20 JESSIE LOVETT SAFETY BOOTS REIMBURSEMENT 122.25 JOHN A CONKLING DIST. MERCHANDISE 5,764.35 JOHNSON BROTHERS OF SD MERCHANDISE 19,904.15 JOHNSON CONTROLS REPAIRS 687.68 JOHNSON FEED, INC REPAIRS 1,227.01 JONES FOOD CENTER SUPPLIES 599.57 JUSTICE TOBIN SAFETY BOOTS REIMBURSEMENT 171.20 KALINS INDOOR COMFORT BRIGHT ENERGY SOLUTIONS 100.00 KEITH BENOIT BRIGHT ENERGY SOLUTIONS 300.00 KIMBALL MIDWEST SUPPLIES 113.31 LOCATORS AND SUPPLIES, INC ORANGE HARD HATS 183.50 LONGS PROPANE INC PROPANE 30.00 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,310.00 LOU'S GLOVES GLOVES 332.00 M & M CONSTRUCTION LLC CONCRETE WORK 18,713.74 MATHESON TRI-GAS, INC CYLINDER RENTAL 100.30 10 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 2,855.00 MICHELLE DENNIS BROOKMAN HOUSE SURVEY 2,000.00 MIDAMERICAN GAS USAGE 1,492.93 MIDCONTINENT COMMUNICATION INTERNET/CABLE SERVICE 631.99 MIDWEST ALARM CO ALARM MONITORING 73.50 MISSOURI VALLEY MAINTENANCE REPAIRS 179.45 MIZUNO USA, INC MERCHANDISE 214.91 MOORE WELDING & MFG REPAIRS 173.00 NCL OF WISCONSIN, INC SUPPLIES 783.91 NETSYS+ PROFESSIONAL SERVICES 2,323.00 NUTRIEN AG SOLUTIONS CHEMICALS 117.50 O'REILLY AUTO PARTS PARTS 14.78 PEPSI COLA OF SIOUXLAND MERCHANDISE 1,331.25 PING/KARSTEN MFG CORP MERCHANDISE 290.36 PIZZA RANCH PIZZA 75.23 POWERPHONE, INC ONLINE TRAINING 258.00 PRESSING MATTERS ENVELOPES 413.00 QUADIENT FINANCE USA, INC SUPPLIES 460.55 QUADIENT LEASING USA, INC POSTAGE METER LEASE 413.14 QUILL SUPPLIES 233.87 RACOM CORPORATION MAINTENANCE 947.96 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 13,685.52 RIVERSIDE HYDRAULICS & LAB PARTS 21.94 ROCKMOUNT RESEARCH & ALLOY SUPPLIES 212.27 RUNNING SUPPLY, LLC SUPPLIES/PARTS 1,797.57 SANFORD HEALTH OCCUPATIONAL TESTING 488.00 SANITATION PRODUCTS INC SWEEPER 223,830.00 SCHAEFFER MFG. CO SUPPLIES 1,009.20 SD DENR LANDFILL OPERATIONS FEE 3,986.98 SD DEPT OF HEALTH TATTOO INSPECTION 150.00 SD PUBLIC ASSURANCE ALLIANCE MOBILE EQUIPMENT COVERAGE 298.68 SD SOLID WASTE MANAGEMENT MEMBERSHIP 400.00 SD STATE HISTORICAL SOCIETY MEMBERSHIP 55.00 SECURITY SHREDDING SERVICE SHREDDING 35.00 SOUTHERN GLAZER'S OF SD MERCHANDISE 4,978.55 STAPLES BUSINESS CREDIT SUPPLIES 1,314.06 STATE INDUSTRIAL PRODUCTS CHEMICALS 384.06 STERN OIL CO. FUEL 27,574.34 STUART C. IRBY CO. SUPPLIES 66.00 STURDEVANTS AUTO PARTS PARTS 471.82 SYNCB/AMAZON BOOKS/DVDS 378.62 THE LUMBERYARD LLC MATERIALS 95.96 TITLEIST-ACUSHNET COMPANY MERCHANDISE 373.04 11 TWIN CITY HARDWARE PADLOCKS 209.87 USA BLUEBOOK SUPPLIES 263.07 USPS-POC POSTAGE FOR METER 700.00 UTILITY EQUIPMENT CO. WATER METERS/SUPPLIES 61,010.25 VERMILLION ACE HARDWARE SUPPLIES/PARTS 9,935.90 VERMILLION CHAMBER OF COMMER BLISS POINTE-PHASE 2/THURS ON THE PL. 44,248.38 VERMILLION CULTURAL ASSOCIATION ADVERTISING 50.00 VERMILLION FORD REPAIRS 238.73 WALT'S HOMESTYLE FOODS, INC MERCHANDISE 97.00 WESCO DISTRIBUTION, INC SUPPLIES 1,525.00 WILLIAMS & CO. 2021 AUDIT 4,700.00 YAMAHA MOTOR FINANCE CORP GOLF CARS/GPS LEASE 6,622.61 ZEE MEDICAL SERVICE SUPPLIES 205.45 ZIEGLER INC PARTS 1,566.95 Council Member Murra seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of September 6, 2022 for the transfer of the retail on-sale liquor license at 24 Center Street from JNJ Management to Rollie T. French B. Set a public hearing date of September 6, 2022 for the transfer of a retail (on-off sale) Malt Beverage with SD Farm Wine license and a retail (on-off sale) wine and cider license for Sodexo America LLC from portions of the Coyote Sanford Sports Center and Dakota Dome at 1101 N. Dakota Street to the entire building of 1101 N. Dakota Street. 281-22 Council Member Price moved approval of the consensus agenda. Council Member Ward seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 13. Adjourn 282-22 Council Member Ward moved to adjourn the Council Meeting at 7:28 p.m. Council Member Murra seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12 Dated at Vermillion, South Dakota this 15th day of August, 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E. Redden, Finance Officer Published once at the approximate cost of ___________. 13

Agenda

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Monday, August 15, 2022 Jack Powell Conference Room – City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Adoption of the Agenda 3. Visitors to be Heard 4. Educational Session – Cotton Park Frisbee Golf Course – Park & Recreation Jim Goblirsch. 5. Informational Session - Discussion of USD Pool Funding Request – Mayor Jon Cole 6. Briefing on the August 15, 2022 City Council Regular Meeting– Briefings are intended to be informational only and no deliberation or decision will occur on this item. 7. Executive Session as allowed per State Statute 1-25-2(1) 8. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting. City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Monday, August 15, 2022 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. July 25, 2022 Special Meeting; August 1, 2022 Special Meeting; August 1, 2022 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard a. American Legion Post 1 Class B State Championship Proclamation. 6. Public Hearings 7. Old Business a. Second reading of Ordinance 1468 to amend Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial District. (vacant land located east of 414 W. 8th Street) 8. New Business a. Request to close W. Main Street from west line of the Court Street intersection west to the CorTrust alleyway as it abuts Ratingen Platz, Market Street from W. Main Street to ½ a block south, and Prospect Street from W. Main Street to ½ a block north on Thursday, December 1, 2022 from 4:30 pm to 7:30 pm for the Vermillion Area Chamber and Development Company’s Standstill Parade of Lights. b. Agreement with Burns & McDonnell for Design and Bid Administration Services for the Design of Leachate Pond No. 2 at the Vermillion Landfill. 9. Bid Openings 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda a. Set a public hearing date of September 6, 2022 for the transfer of the retail on-sale liquor license at 24 Center Street from JNJ Management to Rollie T. French b. Set a public hearing date of September 6, 2022 for the transfer of a retail (on-off sale) Malt Beverage with SD Farm Wine license and a retail (on-off sale) wine and cider license for Sodexo America LLC from portions of the Coyote Sanford Sports Center and Dakota Dome at 1101 N. Dakota Street to the entire building of 1101 N. Dakota Street. 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3 Vermillion City Council’s Values and Vision This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and promoting these ideals to a consistently increasing populace. Unapproved Minutes Council Special Session July 25, 2022 Monday The special session of the City Council, City of Vermillion, South Dakota was held on Monday, July 25, 2022 at 3:00 p.m. at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Humphrey (teleconfence), Jennewein (teleconference), Letellier, Ward Absent: Holland, Murra, Price, Mayor Cole 2. Adoption of Agenda 246-22 Council Member Hellwege moved approval of the agenda. Council Member Letellier seconded the motion. Motion carried 5 to 0. Council Vice President Ward declared the motion adopted. 3. Visitors to be Heard - None 4. Executive Session per SDCL 1-25-2(3) 247-22 Council Member Hellwege moved to go into Executive Session per SDCL 1- 25-2(3) at 3:31 p.m. Council Member Letellier seconded the motion. Motion carried 5 to 0. Council Vice President Ward declared the motion adopted. Council Vice President Ward declared the Council out of Executive Session at 4:49 p.m. 7. Adjourn 248-22 Council Member Hellwege moved to adjourn the Council special session at 4:49 p.m. Council Member Letellier seconded the motion. Motion carried 5 to 0. Council Vice President Ward declared the motion adopted. 1 Dated at Vermillion, South Dakota this 25th day of July, 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Council Vice President Ward ATTEST: BY___________________________________ Stone Conley, Assistant to the City Manager Published once at the approximate cost of ___________. 2 Unapproved Minutes Council Special Session August 1, 2022 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, August 1, 2022 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Ward, Mayor Cole Absent: Murra (arrived 12:03 p.m.) 2. Adoption of Agenda 249-22 Council Member Holland moved approval of the agenda. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Council Member Murra arrived 12:03 p.m. 3. Visitors to be Heard - None 4. Police Department Life Safety Award – Police Chief Matt Betzen Matt Betzen, Police Chief, stated that it was his pleasure to present the Police Department awards. Matt presented the Life Saving Award to the team of Officer Anthoney Klunder, Jacob Quail, Nicole Putnam, and Cody Jansen. Mayor Cole and the City Council thanked the officers. Mayor Cole thanked Matt Betzen for his years of duty for the City of Vermillion and wished him well on his retirement. 5. 2023 Funding Request from the Vermillion Area Chamber and Development Company (VCDC)- Gregg Peters, Scott Pohlson, and Nancy Herridge Gregg Peters, Scott Pohlson, and Nancy Herridge, with the VCDC, reviewed a summary of the VCDC operations noting that the proposed City contribution of $275,000 is allocated to administrative expenses and the increased support to local businesses. Discussion followed on the city funding for the VCDC. 1 6. Briefing on the August 1, 2022 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Executive Session per 1-25-2(1) 250-22 Council Member Price moved to go into Executive Session at 12:48 p.m. for a report on the City Attorney interviews. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the Council in Executive Session. Mayor Cole declared the Council out of executive session at 1:13 p.m. 7. Adjourn 251-22 Council Member Murra moved to adjourn the Council special session at 1:13 p.m. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 1st day of August 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Unapproved Minutes City Council Regular Session August 1, 2022 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on August 1, 2022 at 7:00 p.m. by Mayor Cole. 2 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Mayor Cole Absent: Ward 2. Pledge of Allegiance 3. Minutes A. Minutes of July 13, 2022 Special Meeting; July 14, 2022 Joint City- County Meeting; July 18, 2022 Special Meeting; July 18, 2022 Regular Meeting 252-22 Council Member Holland moved approval of the July 13, 2022 Special Meeting; July 14, 2022 Joint City-County Meeting; July 18, 2022 Special Meeting; July 18, 2022 Regular Meeting Minutes. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 253-22 Council Member Price moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 6. Public Hearings A. Medical Cannabis Dispensary License for Exhale at 906 E. Cherry Street Katie Redden, Finance Officer, reported on an application that was received for a Medical Cannabis Dispensary License from Exhale at 906 E Cherry Street. Katie noted that the notice of hearing, application, and Police Chief’s report on two of the applicants are included in the packet. The Medical Cannabis Dispensary License is for the calendar year and would expire December 31, 2022. Katie stated that, as is noted in the Police Chief’s report, both the DCI and FBI background checks have been received for two of the four applicants and neither of them have a disqualifying event on their criminal records. VPD is waiting on reports back for the other two applicants. Katie noted that the license fee is $11,695, which is 3 retained by the City. If approved, the license will expire on December 31, 2022. 254-22 Council Member Hellwege moved approval of the Medical Cannabis Dispensary License for Exhale at 906 E. Cherry Street contingent on the DCI and FBI background coming back clear for all other applicants. Council Member seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Street Dance and Pep Rally on W. Main Street on Thursday, October 20, 2022 from 7:00 p.m. to 12:00 a.m. Katie Redden, Finance Officer, reported that the University of South Dakota Days Executive Committee has applied for a special permit to exceed allowable noise levels for a pep rally and street dance on at the Platz. Katie noted that the event will take place on Thursday, October 20, 2022 beginning at 7:00 p.m. lasting until midnight. Katie stated that the application and map is presented and the request to close W. Main Street is under new business. Katie noted that the $25 fee has not been paid and the approval of this permit should be contingent on that being paid within a week. 255-22 Council Member Price moved approval of the Special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Street Dance and Pep Rally on W. Main Street on Thursday, October 20, 2022 from 7:00 p.m. to midnight contingent on the $25 fee being paid. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Music Department in the band shell area of Prentis Park on Sunday, October 2, 2022 from 2:00 p.m. to 5:00 p.m. for a free live public concert performance Katie Redden, Finance Officer, reported that the USD Music Department has applied for a special permit to exceed allowable noise levels for a music concert on or about Sunday, October 2, 2022 in the south side of Prentis Park from 2:00 p.m. to 5:00 p.m. Katie stated that a copy of the application, map of the area, and notice of hearing are attached. Katie noted that the USD Music Department is sponsoring the free concert in the park. Katie stated that the concert includes performances by both USD and Vermillion High School. 4 256-22 Council Member Hellwege moved approval of the special permit to exceed permissible sound levels by no more than 50% for the University of South Dakota Music Department in the band shell area of Prentis Park on Sunday, October 2, 2022 from 2:00 p.m. to 5:00 p.m. for a free live public concert. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. D. Request for a variance to reduce the required off-street parking at 701 West Dartmouth Street from 246-parking spots to 142-parking spots for the construction and operation of a new elementary school Jose Dominguez, City Engineer, reported that the City received a petition for variance from Mr. Sean Ervin on behalf of the Vermillion School District requesting that the off-street parking be reduced from 246 parking spots to 142 parking spots. Jose noted that the School District is in the process of constructing a new elementary school on the north side of West Dartmouth Street just west of the exiting Middle School. Jose stated that one of the requirements set by ordinance is off-street parking and for an elementary school the Zoning Ordinance requires two spaces for each classroom or office room, plus one for each 150-SF of seating area in any auditorium, gymnasium, or cafeteria that is intended to be used as an auditorium. Jose stated that following the ordinance the School District would need to provide 246-parking spots. Jose noted that the Zoning Ordinance allows the City Council, acting as the Board of Adjustment, to hear and decide on variances. The Ordinance requires that the Board consider several items before deciding. All of these are listed on the memo along with Staff’s comments. Jose stated that the construction of the elementary school will be changing the area considerably. The change will only be made more drastic if the off-street parking requirements are followed to the letter. Jose noted that fully enforcing the ordinance will create a very large parking lot that will likely be 40% empty most of the time. Jose stated that the School District’s proposal of only providing 142 parking spots will provide sufficient off-street parking most of the time for the school and for gyms. Jose noted that in those rare cases where an overlap occurs the public may choose to park in the Elementary School’s parking lot, the Middle School’s parking lot, on West Dartmouth Street or on Carr Street. Discussion followed on parking requirements. 257-22 Council Member Holland moved approval of the Request for a variance to reduce the required off-street parking at 701 West Dartmouth Street from 5 246-parking spots to 142-parking spots for the construction and operation of a new elementary school. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. First reading of Ordinance 1468 to amend Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial District Jose Dominguez, City Engineer, reported that the City received a petition to rezone this area from Mr. Tim Schwasinger on July 8th. Jose noted that Mr. Schwasinger is the owner of the property being considered tonight. He is requesting that the property be rezoned from R-2 Residential District to the LI-Light Industrial District. Jose stated that the City’s Planning and Zoning Commission considered this item at their July 25th meeting. After reviewing the item, they unanimously recommended that the Council approve the rezone of the property. Tim Schwasinger discussed the reasoning for the rezone to allow for a sale of the property to someone wanting to build a shed. Discussion followed on the rezone. 258-22 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1468 entitled An Ordinance amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial District 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 1st day of August, 2022 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 Price. 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 Cole declared the motion adopted. 6 7. Old Business - None 8. New Business A. Request to close W. Main Street from Prospect Street west to the CorTrust Alleyway and Market Street as it abuts Ratingen Platz on Thursday, October 20, 2022 from 5:30 p.m. to 12:00 a.m. for the Dakota Days Street Dance Jack Baustian, Administrative Intern, reported that the Dakota Days Committee has submitted a request to close W. Main Street from Prospect Street west to the CorTrust alleyway and Market Street as it abuts Ratingen Platz on Thursday October 20, 2022 from 5:30 p.m. to Midnight (12:00 a.m.) for the D-Days street dance. Jack stated that the purpose of the proposed street closure is to provide pedestrians safe accessibility and navigation during the event. Jack noted that the street closure application and diagram have been provided. Jack noted that security will be provided by the Dakota Days Committee and a no parking posting will occur one hour before the event begins. Jack noted that the Police, Fire-EMS, Street Department and Vermillion Light & Power Department will also be notified of the event. 259-22 Council Member Murra moved approval of the request to close W. Main Street from Prospect Street west to the CorTrust alleyway and Market Street as it abuts Ratingen Platz on Thursday, October 20, 2022 from 5:30 p.m. to 12:00 a.m. for the Dakota Days Street Dance. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Amendment No. 2 to Agreement with Helms and Associates’ Agreement for Professional Services for the Hangar Taxi Lane Reconstruction Project at Harold Davidson Field Jose Dominguez, City Engineer, reported that in 2021 the City completed the reconstruction of the hangar taxi lanes at the airport. Jose noted that, besides a contract with the contractor doing the work, the City also had a contract with Helms and Associates (Helms) for the bidding, resident engineer, and for the construction administration. Jose noted that the amendment being considered tonight balances out the project with regards to the contract with Helms. Jose stated that the original contract included work for the bidding, resident engineer, and construction administration. Jose stated that the bidding item was completed in 2021 and the other two items are paid for as required while construction is occurring. Jose stated that the cost for the construction administration is paid to Helms for any required project oversight, while 7 the resident engineer’s cost is for a different firm that is hired to perform inspections during construction. Jose noted that, in this instance, the resident engineer was $13,812.92 more than expected while the cost of the construction administration was $11,965.22 less than expected. Jose stated that this means that the amendment being considered tonight is for an increase of $1,856.70. Jose stated that the City would be responsible for paying the $1,856.70, however, the City would be refunded for 95% of that cost. In essence, the City only pays 5%, or close to $92.84. 260-22 Council Member Hellwege moved approval of Amendment No. 2 to Agreement with Helms and Associates’ Agreement for Professional Services for the Hangar Taxi Lane Reconstruction Project at Harold Davidson Field. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Appointment of City Attorney Mayor Cole noted that there was an interview panel that interviewed each applicant for City Attorney and during the noon meeting the Council went into executive session to discuss the applicants. Mayor Cole recommended the appointment of Crary Huff as City Attorney. Council Member Hellwege stated that Brent Matter has been an asset to the community and thanked him for his work. 261-22 Council Member Holland moved approval of Crary Huff as City Attorney. Council Member Murra seconded the motion. Motion carried 7 to 1. Mayor Cole declared the motion adopted. D. Water and Wastewater Treatment Preliminary Engineering Report Amendment Jose Dominguez, City Engineer, reported that with the enactment of the American Rescue Plan Act (ARPA) the City received over $1.8-million. Jose noted that, on April 2021, the Council approved an agreement with Banner Associates (Banner) to complete a Preliminary Engineering Report (PER) for the Wastewater Department. The agreement focused on evaluating the pretreatment, screw pumps and the SCADA system at the Wastewater Facility. 8 Jose noted that, on May 23, 2022, Staff had a kick-off meeting with Banner for this project. This kick-off meeting included a walk-through. As a result of the meeting, additional areas in need of improvement were identified. Jose stated that the amendment considers possible improvements at the plant from pretreatment to the outfall rather than just certain projects (i.e. pretreatment, screw pumps, and SCADA system). Jose noted that the amendment would look at the plant’s capacity and equipment replacement for the next 20-years. Jose stated that this is like the evaluation that was completed in 2004. Additionally, the amendment includes a City Council presentation of the study’s findings. Jose noted that the amendment would change the schedule. Although some of the tasks would be delayed, the City would still be able to request placement on the State Water Plan by October 1, 2022. Placement on the Water Plan provides the ability to make funding requests as soon as January 1, 2023. Jose noted that the original agreement with Banner was split into two sections: $37,500 for the Water Department’s portion, and $39,950 for the Wastewater portion. Jose stated that the amendment would increase this amount by $67,500 for the Wastewater portion giving us a new total of $107,450. This project would be funded through the City’s ARPA funds. 262-22 Council Member Holland moved approval of the Water and Wastewater Treatment Preliminary Engineering Report Amendment. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Proposed 2023 Budget John Prescott, City Manager, reported that each year the City staff prepares a proposed budget for the next fiscal year. John noted that the proposed budget document for 2023 is presented to the City Council tonight to provide the Council time to review the document prior to the budget meetings. John noted that the actual discussion and presentation of the respective departmental budgets will take place on Wednesday, August 10 and Thursday, August 11, 2022 in the Jack Powell Conference Room at City Hall starting at 5:30 p.m. each night. F. Request to close Clark Street east from N. Dakota Street to N. Harvard Street for Vermillion Fire EMS Training on Saturday, August 6, 2022 from 8:00 a.m. to 2:00 p.m. Stone Conley, Assistant to the City Manager, reported that Chief Matt Callahan of the Vermillion Fire-EMS Department has submitted a street closure request to temporarily close E. Clark Street east from N. Dakota 9 Street to N. Harvard Street for specialized Vermillion Fire EMS training on Saturday, August 6, 2022, from 8:00 a.m. to 2:00 p.m. Stone noted that the closure is being requested to provide members of the Vermillion Fire EMS Department with safe access throughout their training area along E. Clark Street. Stone stated that training will be taking place at Julian Hall on the University of South Dakota’s campus. Alongside this, the closure will allow for multiple fire engines with large ladders to be utilized within the area during the hours of training. Stone noted that a map and the street closure request from Fire EMS has been attached to the Council packet. Chief Callahan will be available to answer any questions regarding the closure of E. Clark Street for training on August 6, 2022. Stone stated that Street, Fire EMS, and Police have all been notified of this closure and had no issues. 263-22 Council Member Holland moved approval of the Request to close Clark Street east from N. Dakota Street to N. Harvard Street for Vermillion Fire EMS Training on Saturday, August 6, 2022 from 8:00 a.m. to 2:00 p.m. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings A. Quote for Removal and Reconstruction of Lions Park Playground Equipment Jose Dominguez, City Engineer, reported on a quote for Removal and Reconstruction of Lions Park Playground Equipment. Jose stated that Lions Park is in the southeast corner of the intersection of West Cherry and Princeton Streets. This park offers tent and RV camping, restroom/shower facilities, and a playground. The park has been scheduled to be renovated since 2020. Jose noted that to improve the drainage in the park, the existing playground equipment will have to be removed so that the area can be regraded. Jose noted that after the area is regraded the playground equipment would be reinstalled in the existing site. Jose stated that the City asked a couple of playground equipment distributors for quotes on the removal and reinstallation on the equipment. Jose noted that one of the distributors could not work on the equipment since they are not the suppliers and are not familiar with the installation of the equipment. The other distributor could not remove the equipment until next year. However, the City was able to contact a contractor that works with one of the distributors that sells this brand of equipment for a quote. 10 Jose noted that the quote supplied removes the equipment this year and reinstalls it next year before August 1st. Jose stated that this timeframe would give the City’s other contractor time to regrade the area and construct all of the new camping sites. The quote received from DakotaScapes, LLC is for $23,445. This is below the bidding requirements set by the State of $50,000. 264-22 Council Member Hellwege moved approval of the quote for Removal and Reconstruction of Lions Park Playground Equipment. Council Member Murra seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Fuel Quotes Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil for Items 1, 2, 3 & 4. Item 1 - 4,350 gal unleaded 10% ethanol: Stern Oil $3.67; Item 2 – 1,000 gal unleaded regular: Stern Oil $3.79; Item 3 – 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $3.95; Item 4 - 1,000 gal No. 2 diesel fuel-clear: Stern Oil $4.50. 265-22 Council Member Price moved approval of the low quote of Stern Oil on Items 1, 2, 3 and 4. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Collier-Wise declared the motion adopted. 10. City Manager's Report A. John reported that the Landfill and Recycling Center are open the 2nd and 4th Saturdays of the month. The Landfill will be open 8:00 a.m. to noon and the Recycling Center from 9:00 a.m. to noon Saturday, August 13th. B. John noted that a one-year term on the Housing Authority Board remains open due to a resignation. This seat is reserved for a program participant. Please contact City Hall if you are interested in filling this position. C. John stated that the Clay County Fair begins August 11th. High Street as it abuts the Fairgrounds will be closed for this event from Thursday through Sunday at noon. D. John noted that the Historic Preservation Commission has moved their regular monthly meeting for August to Wednesday, August 10th at 9:00 a.m. 11 E. John noted the Human Relations Commission meets on Thursday, August 4th at 5:00 p.m. in the John “Jack” Powell Conference Room at City Hall. F. John stated that the City has received notice of two properties being considered by the State Historical Society Board of Trustees for nomination to the National Register of Historic Places. One nomination is for the Basil H. and Frances Jacobson House at 1101 James Street. The second nomination is for the Jolley Historic District. The area is immediately east of the Forest Avenue Historic District, south of E. Main Street, north of the bluff and bordered on the east by portions of the alley between Plum and Pine Street, Pine Street, and Linden Street. Public comments will be accepted through August 26, 2022. The Board will act on the nominations at their September 9, 2022 meeting in Pierre. G. John reported the City recently received notice from the SD Department of Agriculture and Natural Resources that the City of Vermillion’s public water system has met the requirements of the Safe Drinking Water Act and SD regulations for the 21st consecutive year. DANR presented the City with the Secretary’s Award for Drinking Water Excellence. H. John reported on a Raffle notification from the Vermillion Rural Fire Department that will be selling $20 raffle tickets from August 3 – October 12, 2022 at 6:15 p.m. The prize is a Milwaukee Tool Package valued at $2,500. Proceeds from the raffle will be used for new rescue equipment for the new rescue/engine to be delivered in April 2023. The drawing will take place on Wednesday, October 12, 2022 at 6:15 p.m. at the Main Fire Station during the Open House which is part of the Fire Prevention Week activities. I. John thanked Administrative Intern, Jack Baustian, for the work that he has done for the City during his internship. PAYROLL ADDITIONS AND CHANGES Police Admin: Deb DeRocher $19.70/hr; Police: Kyle Kleinschmit $23.06/hr, Justice Tobin $23.06/hr; Street: Tanner Elle $19.12/hr; Library: Kendra Brewer $16.58/hr, Samuel Person $12.83/hr; Wastewater: Jessie Lovett French $19.37/hr 11. Invoices Payable 266-22 Council Member Murra moved approval of the following invoices: A & A REFRIGERATION REPAIRS 174.00 AMAZON BUSINESS SUPPLIES 746.37 AQUA-PURE INC CHEMICALS 10,640.00 12 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 383.54 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 16,065.78 BILL BROWN MOWING/JUNK REMOVAL 750.00 BLAINE'S BODY SHOP REPAIRS 932.01 BLUEPEAK E911 CIRCUIT 1,365.50 BORDER STATES ELEC SUPPLY SUPPLIES 560.81 BOUND TREE MEDICAL, LLC SUPPLIES 2,716.29 BRIDGESTONE GOLF INC MERCHANDISE 471.24 BROADCASTER PRESS ADVERTISING 195.00 BROCK WHITE CO PARTS 543.08 BSN SPORTS INC YOUTH HATS 929.48 C & B OPERATIONS, LLC PARTS 34.80 CAE HEALTHCARE, INC WARRANTY 2,500.00 CANNON TECHNOLOGIES, INC WATER NODES 68,666.40 CAPITAL ONE SUPPLIES 2,172.70 CARDIS FENCE & IRON CO REPAIRS 2,167.50 CASK & CORK MERCHANDISE 718.92 CHAMBERLAIN OIL CO OIL 1,146.64 CITY OF VERMILLION COPIES/POSTAGE 1,173.06 CITY OF VERMILLION UTILITY BILLS 49,519.70 CLARK EQUIPMENT CO SNOW BLOWER 1,868.48 CMOORE PIT SERVICE PORTA-POT RENTAL 600.00 COLONIAL LIFE INSURANCE 3,447.61 CORE & MAIN LP SUPPLIES 1,567.18 CORE-MARK MIDCONTINENT, INC MERCHANDISE 8,353.01 COYOTE CHEMICAL COMPANY PARTS 493.20 CROUCH RECREATION PLAYGROUND SURFACING 4,060.00 CULLIGAN WATER WATER SOFTENER SERVICE 330.00 CURT HAAKINSON SAFETY BOOTS REIMBURSEMENT 184.99 CUTTER & BUCK MERCHANDISE 203.35 DAKOTA BEVERAGE MERCHANDISE 11,958.62 DAKOTA PC WAREHOUSE TABLET 599.98 DAN'S DRAIN & DUCT CLEANING REPAIRS 236.25 DANKO EMERGENCY EQUIPMENT JACKETS 318.79 DELTA DENTAL PLAN INSURANCE 6,235.24 DENNIS MARTENS MAINTENANCE 833.34 DGR ENGINEERING PROFESSIONAL SERVICES 19,289.00 ECHO ELECTRIC SUPPLY SUPPLIES 5,149.20 ED M. FELD EQPT CO FIRE FIGHTER EQUIPMENT 9,351.20 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,370.00 FAST AUTO GLASS CRACK REPAIR 70.00 FASTENAL COMPANY SUPPLIES 604.75 FOREMAN MEDIA JULY COUNCIL MEETINGS 100.00 13 FRIEBERG, NELSON & ASK, LLC PROFESSIONAL SERVICES 1,031.00 GLOBAL DIST. MERCHANDISE 167.50 GREGG PETERS FREIGHT/ADVERTISING 1,869.58 GREGG PETERS RENT 937.50 GREY HOUSE PUBLISHING BOOKS 202.50 H&R SALVAGE TIN/WIRE DISPOSAL 210.90 HAUFF MID-AMERICA SPORTS LIFEGUARD SUITS 501.50 HAWKINS INC CHEMICALS 2,364.76 HEIMAN FIRE EQUIPMENT SUPPLIES 281.70 HILLYARD/SIOUX FALLS SUPPLIES 147.44 HUB INTERNATIONAL PORTABLE EQUIPMENT COVERAGE 780.00 HY VEE FOOD STORE BAKERY/SUPPLIES 1,021.90 IMS ALLIANCE NAME TAG 14.00 INGRAM BOOKS 1,743.85 JACKS UNIFORM & EQPT UNIFORM 3,031.80 JAY'S PLUMBING REPAIRS 244.80 JERRY'S CHEVROLET BUICK GM PART 344.10 JOHN A CONKLING DIST. MERCHANDISE 3,592.90 JOHNSEN HEATING & COOLING REPAIRS 3,730.01 JOHNSON BROTHERS OF SD MERCHANDISE 10,928.36 JONES FOOD CENTER SUPPLIES 205.34 JWR, INC REPAIRS 986.17 KEG TECHNOLOGIES INC SUPPLIES 853.24 KNOX COMPANY MEDVAULT 2,040.00 LEISURE LAWNS, LLC SPRINKLER START-UP/REPAIRS 632.45 LESSMAN ELEC. SUPPLY CO EXIT EMERGENCY COMBO 50.25 LOFFLER COPIER CONTRACT/COPIES 162.49 LORI COSTELLO REFUND REC PROGRAM FEES 12.00 LOU'S GLOVES GLOVES 475.20 MARSHA STEFFEN REFUND REC PROGRAM FEES 24.00 MATHESON TRI-GAS, INC MEDICAL OXYGEN/CYLINDER RENT 869.59 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 292.50 MICRO MARKETING LLC BOOK 29.99 MIDWEST MINI MELTS MERCHANDISE 1,584.00 MIDWEST READY MIX & EQUIPM CONCRETE/RED ROCK/RENTAL 8,051.50 MIDWEST TURF & IRRIGATION PARTS 196.60 MINN MUNICIPAL UTILITY ASSOC 3RD QTR SAFETY MGMT PROGRAM 6,712.50 MISSOURI RIVER ENERGY SERVICE REGISTRATION FEE/TESTING 5,066.00 MISSOURI RIVER ENERGY SERVICE INFRARED INSPECTIONS 3,678.50 MOLLY MOLENCAMP REFUND REC PROGRAM FEES 64.00 MOTOROLA INC BATTERIES 328.50 MR. GOLF CAR, INC REPAIRS 145.50 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 14 NETSYS+ PROFESSIONAL SERVICES 650.75 NICK ANGLIN CERTIFICATION EXAM FEE 61.50 O'REILLY AUTO PARTS TONNEAU COVER/FILTERS 535.71 PANACEA MEADERY LLC MERCHANDISE 180.00 PCC, INC COMMISSION 2,746.72 PEPSI COLA OF SIOUXLAND MERCHANDISE 2,792.35 PHELPS UNIFORM 1,061.29 PRESTO-X-COMPANY INSPECTION/TREATMENT 132.28 QUILL SUPPLIES 75.96 REED MUEHLER WATER HEATER REBATE 150.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 8,132.76 REQUIP, LLC REPAIRS 3,746.88 RUNNING SUPPLY, LLC TRAILER/SUPPLIES/PARTS 3,063.84 SANITATION PRODUCTS INC PARTS 288.62 SD DEPT OF HEALTH TATTOO INSPECTION 150.00 SD FEDERAL PROPERTY AGENCY EMERGENCY CRASH CART 250.00 SD PUBLIC HEALTH LABORATORY TESTING 225.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 61,128.64 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,703.59 SIOUX EQUIPMENT REPAIRS 314.77 SIOUX FALLS FORD REPAIRS 640.37 SOOLAND BOBCAT PARTS 529.30 SOUTH DAKOTA 811 LOCATES 957.60 SOUTHERN GLAZER'S OF SD MERCHANDISE 10,216.27 STEVE SMITH WATER HEATER REBATE 150.00 STEWART OIL-TIRE CO REPAIRS 30.00 STRYKER SALES CORPORATION MAINTENANCE AGREEMENT 7,045.20 STURDEVANTS AUTO PARTS PARTS 422.29 SYNCB/AMAZON DVDS/BOOKS/SUPPLIES 329.16 THE LEAGUE OF KANSAS MUNICIPALITIES ADVERTISING 130.00 THE PERFECT MOUND TURF REPLACEMENT 1,625.00 TITLEIST-ACUSHNET COMPANY MERCHANDISE 3,339.35 TRACTOR SUPPLY CREDIT PLAN CLAMPS 44.01 TRITECH SOFTWARE SYSTEMS SUBSCRIPTION FEE 120.00 TRIVIEW COMMUNICATIONS REPAIRS 55.00 TRUE BRANDS MERCHANDISE 344.83 TWO WAY SOLUTIONS SUPPLIES 65.98 TYLER TECHNOLOGIES TYLER UNIVERSITY 1,750.00 UNITED WAY CONTRIBUTIONS 630.60 UNUM LIFE INSURANCE COMPANY LIFE INSURANCE 1,203.12 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,400.00 VAN DIEST SUPPLY CO CHEMICALS 2,123.55 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 3,306.17 15 VERMILLION ACE HARDWARE PARTS/SUPPLIES 1,190.74 VERMILLION FORD REPAIRS 404.18 VERMILLION GARBAGE SERVICE WASTE HAULING 1,336.32 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 7,037.69 WALT'S HOMESTYLE FOODS, INC MERCHANDISE 191.00 WIEMAN CONSTRUCTION GRAVEL 749.43 WILLIAMS & CO. 2021 AUDIT 5,000.00 ZIMCO SUPPLY CO CHEMICALS 3,899.00 Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 267-22 Council Member Murra moved to adjourn the Council Meeting at 8:00 p.m. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 1st day of August 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E. Redden, Finance Officer Published once at the approximate cost of ___________. 16 PROCLAMATION CONGRATULATING THE 2022 SOUTH DAKOTA AMERICAN LEGION WHEREAS, Vermillion Post 1 Legion Baseball Team won the 2022 South Dakota American Legion Class “B” Senior Baseball Tournament in impressive fashion only taking one loss and scoring 55 runs while only allowing 29 runs; and WHEREAS, Vermillion Post 1 Legion Baseball Team winning of the 2022 South Dakota American Legion Class “B” Sr. Baseball Tournament included an original loss to their opponent of Winner-Colome and to come back and beat them in the Championship in extra innings; and WHEREAS, the 2022 Vermillion Post 1 Legion Baseball Team tournament run captured the hearts and attention of the entire community; and WHEREAS, Vermillion Legion Baseball player Jack Kratz was named the Tournament MVP. NOW, THEREFORE, BE IT RESOLVED we the governing body of the City of Vermillion, South Dakota, for and on behalf of its citizens, do hereby wish to recognize and extend congratulations to the 2022 Vermillion Post 1 Legion Baseball Team and coaching staff for winning the 2022 South Dakota American Legion Class “B” Sr. Baseball Tournament title: Willis Robertson, Jack Kratz, Connor Saunders, Charlie Ward, Jake Jensen, Clayton Sorenson, Timothy Tracy, Carter Mart, Reece Proefrock, Erik Sulzle, Ben Burbach, Connor Roerig, Tim Dixon, and Jack Vitt. Dated at Vermillion, South Dakota this 15th day of August, 2022. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_________________________________ Jonathan (Jon) Cole, Mayor ATTEST: By________________________________ Katie E. Redden, Finance Officer 605.677.7050 605.677.5461 (fax) www.vermillion.us 25 Center Street Vermillion, SD      57069 7. Old Business; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: August 15, 2022 Subject: Second Reading of Ordinance 1468 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition; City of Vermillion, Clay County, South Dakota from the R-2 Residential District to the LI-Light Industrial District Presenter: Jose Dominguez Background: The City received a petition on July 8th to rezone this area from Mr. Tim Schwasinger, owner of the property which is being considered. Mr. Schwasinger is requesting that his property, which is vacant, be rezoned from the R-2 Residential district to the LI-Light Industrial district. The area being considered is bordered to the east and north by the LI-Light Industrial district, and to the west and south by the R-2 Residential district. The land is located just east of 414 W. 8th Street. Mr. Schwasinger obtained the required signatures from property owners within 250 feet from the property being considered for rezoning. The signatures were required to bring the rezoning request forward for consideration. The City’s Planning and Zoning Commission reviewed the application at their July 25th meeting. After their review, the commission voted 8-0 and recommended unanimously that the City Council approve the ordinance to rezone the property. First reading of this ordinance was on August 1st. At the meeting, the City Council approved unanimously to approve the ordinance. There have been no changes to the ordinance since the first reading. Discussion: This area was recently rezoned into the LI-Light Industrial district. Prior to this, the area was zoned in the GI-General Industrial district. This change provided an avenue for possible development in the area and for property owners to voice concerns with uses that may be considered negative by the residential property owners. 7. Old Business; item a Additionally, the change to the LI district reduced the required rear-yard setback from 25 feet to 0 feet when abutting railroad property. The rezoning request is for the future construction of a “shop.” Based on conversations with the owner and the future owner, the proposed use would fit under the “Contractor’s shop/storage yard.” This use is a permitted use in the new LI-Light Industrial district. Financial Consideration: The only cost incurred by the City has been that of publishing the notice in the Plain Talk. Conclusion/Recommendations: Administration recommends approval of the second reading of Ordinance 1468. Since this is the second reading of the ordinance, a roll call vote is required. ORDINANCE 1468 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.026 REZONING LOT 3A, BLOCK 18, ORIGINAL TOWN; AND LOTS 7, 8, AND E ½ OF LOT 9, BLOCK 8, VAN METERS ADDITION; CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE R-2 RESIDENTIAL DISTRICT TO THE LI- LIGHT INDUSTRIAL DISTRICT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Section 155.026, Adoption of Official Zoning Map, be amended as follows: Rezoning Lot 3A, Block 18, Original Town; and, Lots 7, 8, and E ½ of Lot 9, Block 8, Van Meters Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the R-2 Residential District and included in the LI-Light Industrial District. Dated at Vermillion, South Dakota this 15th day of August 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: August 1, 2022 Second Reading: August 15, 2022 Published: August 26, 2022 Effective: September 16, 2022 Jose Dominguez From: noreply@civicplus.com Sent: Friday, July 8, 2022 7:01 AM To: Vermillion; Jose Dominguez; Stone Conley Subject: Online Form Submittal: Application to Petition for Zone Change Application to Petition for Zone Change TO THE HONORABLE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERMILLION, SOUTH DAKOTA 1) As authorized by §155.101 of the City of Vermillion Zoning Ordinance (I) (we): First Name Tim Last Name Schwasinger Address 1528 Rockwell Trail City Vermillion State SD Zip Code 57069 Phone Number 605-677-8406 Email Address tschwasinger@gmail.com Is there an additional No applicant? Phone Number 605-677-8406 Hereby petition to rezone property owned by: First Name Tim Last Name Schwasinger Address 1528 Rockwell Trail City Vermillion State SD Zip Code 57069 1 From the current R2 - Residential - Medium Density classification to the proposed GI - General Industrial classifcation 2) The legal description of Lot 3A BLK 18 Original Town the part of the property to Lots 7,8 & E 1/2 of Lot 9 BLK 8 Van Meters be rezoned is (include only the description of the land proposed to be rezoned. You may need to have a surveyor draft this description): Parcel Identification 15810-00800-090.02 and 15530-01800-030.02 Number (PIN) 3) The proposed change is Sale of property to Kolly Fostvedt and he intends to build a to facilitate the use of the shop on the property. The other lots that we currently own that land for (be specific-list all border the East of this property is already zoned GI and we proposed uses): have a shop on that property. We are also asking to vacate the alleyway in this Block, it appears it has already been vacated on the East portion of the Block and there is currently no access to alleyway on West side of Block. 4) Please address the following criteria as best as you can. These are the "standards for rezoning" which will be addressed at the public hearing. A. In detail, explain what Kolly will have driveway installed public facilities and services serve the proposed development at present, or how they will be provided. B. Explain how the provision Construction of the shop will add value to the now empty lot for these facilities will not and increase the value and tax assessment from what it be an unreasonable burden presently is to local government. C. What have you done to Kolly has been visiting with Jose to ensure when rezoning is determine that the land is completed that building planned is appropriate suitable for the development proposed? D. Explain what will have to none be done so the development will not cause unreasonable air and water pollution, soil erosion or 2 adverse effects on rare or irreplaceable natural areas. E. Explain any potential for None - have visited with many of the neighbors and none have conflict with existing land expressed any concern or opposition to the rezoning request uses in the area. F. Demonstrate the need of Enhancement to value of property and neighborhood the proposed development at this location. G. What is the availability of none alternative locations? Be specific. H. If cropland is being n/a consumed by this Zone Change, what is the productivity of the agricultrual lands involved? I. If cropland is being n/a consumed by this Zone Change, explain how the proposed development will be located to minimize the amount of agricultural land converted. 5. Before any changes to the zoning ordinance will be considered, the applicant is responsible to obtain written consent from the owners of 45% of the aggregate area who have the right to protest against the proposed change. Upon receipt of this form, the Zoning Administrator shall prepare the petitions necessary for the Applicant to obtain said written consent. No public hearing will be scheduled until the petitions are filed with the City. 6. Planning and Zoning Commission recommendation: The Zoning Administrator shall set the date, time, and place for a Planning and Zoning Commission public hearing. The Zoning Administrator shall post a sign of the public hearing on the property affected by a change of zone no less than 7 days prior to the scheduled public hearing. The notice shall be published in a legal newspaper of the city once, not less than 10 days prior to the public hearing. Any person may appear in person or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the City Council. The Planning and Zoning Commission shall either recommend or not recommend approval of the amendment to the City Council. 7. City Council action: The Zoning Administrator shall set the date, time, and place for a City Council public hearing. The Zoning Administrator shall post a sign of the public hearing on the property affected by a change of zone no less than 7 days prior to the scheduled public hearing. Any person may appear in person or by agent or attorney. Minutes of the public hearing shall be recorded and kept in the records of the City Council. The City Council shall either approve or not approve the 3 ordinance describing the proposed amendment or change of zone to these zoning regulations, in accordance with standard procedures for reading, approval, publication, and effective date. When a proposed amendment or change of zone is approved by the City Council, the amendment shall take effect 20 days after publication, unless the referendum shall have been invoked. Electronic Signature I agree. Agreement Petitioner's Electronic Tim Schwasinger Signature Electronic Signature I agree. Agreement Owner's Electronic Tim Schwasinger Signature Acknowledgement of Fees I acknowledge. FAILURE OF THE APPLICANT OR AGENT TO APPEAR AT THE HEARING WILL CAUSE THE COMMITTEE TO DENY THIS APPLICATION. FOR OFFICE USE ONLY Date Fee Received: Field not completed. Email not displaying correctly? View it in your browser. 4 8. New Business; item a Council Agenda Memo From: Stone Conley, Assistant to the City Manager Meeting: August 15, 2022 Subject: Request to close W. Main Street from west line of the Court Street intersection west to the CorTrust alleyway as it abuts Ratingen Platz, Market Street from W. Main Street to ½ a block south, and Prospect Street from W. Main Street to ½ a block north on Thursday, December 1, 2022 from 4:30 pm to 7:30 pm for the Vermillion Area Chamber and Development Company’s Standstill Parade of Lights Presenter: Stone Conley Background: The Vermillion Area Chamber and Development Company (VCDC) is planning this year’s Standstill Parade of Lights which is scheduled to take place on Thursday, December 1, 2022. The “stand still” parade will take place on W. Main Street from the west line of the intersection of Main and Court Street west through Ratingen Platz to the CorTrust alleyway. Market Street from W. Main Street to ½ a block south and Prospect Street from W. Main Street to ½ a block north will also be closed for the event. The public will be encouraged to walk up and down W. Main Street to view the different parade entries. The annual tree lighting will take place at Ratingen Platz. The street closure request for this year’s event states that the closure is requested from 4:30 pm to 7:30 pm. The event will run from 6:00 pm to 7:00 pm. Discussion: The VCDC indicated they will contact downtown businesses to make them aware of the street closing. The request has been reviewed by the Street, Fire-EMS, and Police Departments. These City Departments have no concerns with the street closure request. The City will assist with putting up signs and cones forecasting the 4:30 pm closure and will help to clear remaining vehicles until 5:00 pm. Financial Consideration: None. Conclusion/Recommendations: Administration recommends approval of the W. Main Street closure from the west line of the intersection with Court Street west through Ratingen Platz and Market Street from W. Main Street to the south end of Ratingen Platz from 4:30 pm to 7:30 pm on December 1, 2022 for the Vermillion Area Chamber and Development Company’s 6th Annual Standstill Parade of Lights. 8. The City Council reserves the right to accept, modify, or deny all Street Closure Requests. The City reserves the right to modify the street closing after City Council approval if needed due to unforeseen circumstances. 9. The Applicant is required to sign a “Release, Hold Harmless and Indemnification Agreement.” 10. Failure to abide by these instructions or requirements may affect your future closure requests. 11. A deposit may be required for future street closure requests if you fail to return traffic barricades in the condition they were issued to you or if public property is damaged due to your event. I have read and I agree. understand these instructions Electronic Signature Grace M Mancy (Section Break) APPLICATION Organization Vermillion Area Chamber & Development Company Requesting Name of Event & Brief The Standstill Parade of Lights is a holiday celebration! It is an Description of Event hour long event filled with the holiday spirit. Chamber members will decorate floats, stands, and windows in downtown Vermillion. We will have Santa come down the street with the tree lighting. There will be the chamber choir and other holiday entertainment. The floats will be judged and announced the same night to crown the winner. Table vendors will be encouraged to hand out free holiday treats. Expected Participants 25 floats/ businesses & 800 in crowd attendance Name of Primary grace mancy Contact Person Primary Contact Phone Number + 24 Hour Access Phone Number Name of Secondary Brittany Dejong Contact Person Secondary Contact Phone Number + 24 Hour Access Phone Number Date(s) of Closure December 1st Requested Street Closures Times 4:30 to 7:30 Street(s) Requested to Main street from corner of Court Street to the end of the be Closed Platz(before Cortrust drive through), Prospect Street alley way down to market Street alley way Optional File Upload Standstill parade of lights 2023.jpg Please detail how you We will be informing all chamber members and all businesses have notified or plan to effected by the street closure of the dates and times and ask notify those affected by them to participate! your Street Closure Request: Please detail your We will work with each float to ensure they know of the end time plans for cleaning up for the street closure. VCDC interns will be in-charge of doing a after your event: final sweep of the streets. (Section Break) Release, Hold Harmless and Indemnification Agreement City of Vermillion, South Dakota I, Name of Event Grace Mancy Organizer Dated This 8/4/2022 12:00 PM First Name grace Last Name mancy Electronic Signature I agree. Agreement Electronic Signature Grace M Mancy (Section Break) If turned in less than 7 days before the next Council meeting it will be placed on the following Council meeting agenda. Once submitted, Staff will verify that everything has been filled out correctly. Afterwards, you will be contacted to inform you of when your Street Closure Request will come before the City 8. New Business; item b Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: August 15, 2022 Subject: Agreement with Burns & McDonnell for Design and Bid Administration Services for the Design of Leachate Pond No. 2 at the Vermillion Landfill Presenter: Jose Dominguez Background: With the increased use of the landfill and with the completion of cell 6, the landfill is now in need of another leachate pond. A leachate pond collects the effluent created when water runs through the landfill cells and mixes with the decomposing waste. The leachate cannot be allowed to flow outside of the landfill, so it is collected in ponds and then irrigated on to the landfill cells. Eventually the liquid in the leachate evaporates leaving the solids at the bottom of the ponds or on top of the waste in the landfill. Discussion: The proposed project is for the design of the new leachate pond. Additionally, the agreement will allow Burns & McDonnell to prepare the application for funding assistance from the State to help pay for the new leachate pond. There are two applications that need to be made. One application is for the State Water Plan to be eligible for a combination of state grants and loans. This would be done no later than October 1, 2022. The second application would be to the Solid Waste Management Program for the actual grant and loan packages. This second application would be done no later than January 1, 2023. Financial Consideration: The professional services contract for this portion of the project is $96,500. The Joint Powers landfill fund has budgeted for these services. Conclusion/Recommendations: Administration recommends approval of the professional services contract with Burns & McDonnell Engineering Company, Inc for the design of leachate pond no. 2 in the amount not to exceed $96,500. CITY OF VERMILLION INVOICES PAYABLE-AUGUST 15, 2022 1 A-OX WELDING SUPPLY CO CHEMICALS 3,202.50 2 AMAZON BUSINESS SUPPLIES 2,564.93 3 ANIMAL CARE EQUIPMENT & SERVICES SUPPLIES 39.15 4 APPEARA SHOP TOWELS 45.00 5 AQUA-PURE INC CHEMICALS 2,600.00 6 ARAMARK UNIFORM SERVICES UNIFORM CLEANING 389.54 7 AT&T MOBILITY MOBILE HOT SPOTS 368.10 8 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 18,885.00 9 BASIN ELECTRIC POWER COOP REPAIRS 1,476.01 10 BILL BROWN JUNK/DEBRIS REMOVAL 120.00 11 BLACKSTONE PUBLISHING BOOKS 131.74 12 BLUEPEAK INSTALLATION/INTERNET SERVICE 2,100.03 13 BROADCASTER PRESS ADVERTISING 3,120.20 14 BRUNICKS SERVICE INC PROPANE 85.00 15 BUHLS CLEANERS MAT/MOP SERVICES 727.74 16 BUREAU OF ADMINISTRATION TELEPHONE 407.48 17 BURNS & MCDONNELL PROFESSIONAL SERVICES 991.80 18 C & B OPERATIONS, LLC PARTS 123.20 19 CADD/ENGINEERING SUPPLY, INC INK CARTRIDGES 405.35 20 CANNON TECHNOLOGIES, INC WATER NODES 2,019.60 21 CASK & CORK MERCHANDISE 794.88 22 CENTURYLINK TELEPHONE 1,568.21 23 CHAD CHRISTOPHERSON SAFETY BOOTS REIMBURSEMENT 171.19 24 CITY OF VERMILLION LANDFILL VOUCHERS 357.00 25 CLAY RURAL WATER SYSTEM WATER USAGE 205.30 26 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,406.10 27 CLEVELAND GOLF MERCHANDISE 78.89 28 CORE & MAIN LP PARTS/SUPPLIES 2,538.55 29 CORE-MARK MIDCONTINENT, INC MERCHANDISE 1,722.03 30 CUTTER & BUCK MERCHANDISE 467.33 31 DAKOTA BEVERAGE MERCHANDISE 8,115.60 32 DEMCO SUPPLIES 929.76 33 DIAMOND VOGEL PAINTS TRAFFIC PAINT/SUPPLIES 1,460.90 34 DISPLAY SALES COMPANY BANNERS/RODS 6,017.24 35 DUBOIS CHEMICALS CHEMICALS 7,419.50 36 ECHO ELECTRIC SUPPLY SUPPLIES 265.24 37 ELECTRIC PUMP, INC REPAIRS 2,030.11 38 ENGRAVER'S EDGE NAME TAGS 44.80 39 GALLS INCORPORATED HELMET BAGS/FACE SHIELDS 3,832.92 40 GELDNER UNDERGROUND HYDRANT DEPOSIT LESS WTR USAGE 397.80 41 GLOBAL INDUSTRIAL PARTS 43.34 42 GRAINGER FILTERS 483.44 43 GRAYMONT (WI) LLC CHEMICALS 4,823.67 44 GREGG PETERS MANAGERS FEE 6,000.00 45 HAUGER LAWN SERVICE MOWING/SPRAY WEEDS 151.00 46 HAWKINS INC CHEMICALS 4,074.41 47 HELMS & ASSOCIATES PROFESSIONAL SERVICES 2,822.27 48 HIGH POINT NETWORKS REPAIRS 95.00 49 HIRECLICK-KELOLAND EMPLOYMENT ADVERTISING 109.00 50 HY VEE FOOD STORE SUPPLIES 403.31 51 INGRAM BOOKS 1,304.69 52 JACKS UNIFORM & EQPT UNIFORM 3,276.87 53 JAY'S PLUMBING REPAIRS 163.20 54 JESSIE LOVETT SAFETY BOOTS REIMBURSEMENT 122.25 55 JOHN A CONKLING DIST. MERCHANDISE 5,764.35 56 JOHNSON BROTHERS OF SD MERCHANDISE 19,904.15 57 JOHNSON CONTROLS REPAIRS 687.68 58 JOHNSON FEED, INC REPAIRS 1,227.01 59 JONES FOOD CENTER SUPPLIES 599.57 60 JUSTICE TOBIN SAFETY BOOTS REIMBURSEMENT 171.20 61 KALINS INDOOR COMFORT BRIGHT ENERGY SOLUTIONS 100.00 62 KEITH BENOIT BRIGHT ENERGY SOLUTIONS 300.00 63 KIMBALL MIDWEST SUPPLIES 113.31 64 LOCATORS AND SUPPLIES, INC ORANGE HARD HATS 183.50 65 LONGS PROPANE INC PROPANE 30.00 66 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,310.00 67 LOU'S GLOVES GLOVES 332.00 68 M & M CONSTRUCTION LLC CONCRETE WORK 18,713.74 69 MATHESON TRI-GAS, INC CYLINDER RENTAL 100.30 70 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 2,855.00 71 MICHELLE DENNIS BROOKMAN HOUSE SURVEY 2,000.00 72 MIDAMERICAN GAS USAGE 1,492.93 73 MIDCONTINENT COMMUNICATION INTERNET/CABLE SERVICE 631.99 74 MIDWEST ALARM CO ALARM MONITORING 73.50 75 MISSOURI VALLEY MAINTENANCE REPAIRS 179.45 76 MIZUNO USA, INC MERCHANDISE 214.91 77 MOORE WELDING & MFG REPAIRS 173.00 78 NCL OF WISCONSIN, INC SUPPLIES 783.91 79 NETSYS+ PROFESSIONAL SERVICES 2,323.00 80 NUTRIEN AG SOLUTIONS CHEMICALS 117.50 81 O'REILLY AUTO PARTS PARTS 14.78 82 PEPSI COLA OF SIOUXLAND MERCHANDISE 1,331.25 83 PING/KARSTEN MFG CORP MERCHANDISE 290.36 84 PIZZA RANCH PIZZA 75.23 85 POWERPHONE, INC ONLINE TRAINING 258.00 86 PRESSING MATTERS ENVELOPES 413.00 87 QUADIENT FINANCE USA, INC SUPPLIES 460.55 88 QUADIENT LEASING USA, INC POSTAGE METER LEASE 413.14 89 QUILL SUPPLIES 233.87 90 RACOM CORPORATION MAINTENANCE 947.96 91 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 13,685.52 92 RIVERSIDE HYDRAULICS & LAB PARTS 21.94 93 ROCKMOUNT RESEARCH & ALLOY SUPPLIES 212.27 94 RUNNING SUPPLY, LLC SUPPLIES/PARTS 1,797.57 95 SANFORD HEALTH OCCUPATIONAL TESTING 488.00 96 SANITATION PRODUCTS INC SWEEPER 223,830.00 97 SCHAEFFER MFG. CO SUPPLIES 1,009.20 98 SD DENR LANDFILL OPERATIONS FEE 3,986.98 99 SD DEPT OF HEALTH TATTOO INSPECTION 150.00 100 SD PUBLIC ASSURANCE ALLIANCE MOBILE EQUIPMENT COVERAGE 298.68 101 SD SOLID WASTE MANAGEMENT MEMBERSHIP 400.00 102 SD STATE HISTORICAL SOCIETY MEMBERSHIP 55.00 103 SECURITY SHREDDING SERVICE SHREDDING 35.00 104 SOUTHERN GLAZER'S OF SD MERCHANDISE 4,978.55 105 STAPLES BUSINESS CREDIT SUPPLIES 1,314.06 106 STATE INDUSTRIAL PRODUCTS CHEMICALS 384.06 107 STERN OIL CO. FUEL 27,574.34 108 STUART C. IRBY CO. SUPPLIES 66.00 109 STURDEVANTS AUTO PARTS PARTS 471.82 110 SYNCB/AMAZON BOOKS/DVDS 378.62 111 THE LUMBERYARD LLC MATERIALS 95.96 112 TITLEIST-ACUSHNET COMPANY MERCHANDISE 373.04 113 TWIN CITY HARDWARE PADLOCKS 209.87 114 USA BLUEBOOK SUPPLIES 263.07 115 USPS-POC POSTAGE FOR METER 700.00 116 UTILITY EQUIPMENT CO. WATER METERS/SUPPLIES 61,010.25 117 VERMILLION ACE HARDWARE SUPPLIES/PARTS 9,935.90 118 VERMILLION CHAMBER OF COMMERCE BLISS POINTE-PHASE 2/THURS ON THE PLATZ 44,248.38 119 VERMILLION CULTURAL ASSOCIATION ADVERTISING 50.00 120 VERMILLION FORD REPAIRS 238.73 121 WALT'S HOMESTYLE FOODS, INC MERCHANDISE 97.00 122 WESCO DISTRIBUTION, INC SUPPLIES 1,525.00 123 WILLIAMS & CO. 2021 AUDIT 4,700.00 124 YAMAHA MOTOR FINANCE CORP GOLF CARS/GPS LEASE 6,622.61 125 ZEE MEDICAL SERVICE SUPPLIES 205.45 126 ZIEGLER INC PARTS 1,566.95 GRAND TOTAL $581,298.13

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