City Council Agendas, Packets and Minutes

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Monday, November 21, 2022 Wastewater Treatment Plant 1530 S. Dakota Street Vermillion, South Dakota 57069 1. Roll Call 2. Adoption of the Agenda 3. Visitors to be Heard 4. Tour of Wastewater Treatment Plant – Utilities Manager Shane Griese. 5. Mobile Food Vendor Research Presentation – Finance Intern Sam Rabern. 6. Briefing on the November 21, 2022 City Council Regular Meeting– Briefings are intended to be informational only and no deliberation or decision will occur on this item. 7. Adjourn. Please note: The tour will begin at the Wastewater Treatment Plant Administration Building. Items #5 and #6 will take place in the conference room of the Administration Building. The tour will take place at the different buildings on the property. 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, November 21, 2022 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. November 7, 2022 Special Meeting; November 7, 2022 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard 6. Public Hearings a. Vacation of the alleyway lying between Lots 1 through 12, Block 3, Park’s Addition, City of Vermillion, Clay County, South Dakota (property is located between 2 E. Cherry Street and 12 E. Cherry Street). 7. Old Business a. Second Reading of Ordinance 1472 amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal; Section 53.018, Rates to include as a Class II User when a Sanitary Sewer Flow Meter is required. 8. New Business a. Resolution amending dog boarding and pickup fees. b. Resolution amending personnel manual. c. Resolution establishing the fees for the Level III electric vehicle charging station. 9. Bid Openings 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda 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 November 7, 2022 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, November 7, 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 12:01 p.m.) 2. Adoption of Agenda Council Member Letellier requested to remove Item 6 from the agenda. 358-22 Council Member Price moved approval of the agenda as amended. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Council Member Murra arrived 12:01 p.m. 3. Visitors to be Heard - None 4. Development ideas for City property at the southwest corner of South Dakota Highway 50 and Stanford Street – City Manager John Prescott John Prescott, City Manager, reported on potential development for City property at the southwest corner of South Dakota Highway 50 and Stanford Street. John gave history of the property and noted that the press release presented four ideas of potential park ground, law enforcement center, commercial lots, and housing development. John noted the results from the housing study stating that there is a need for 154 to 172 rental units in the next 5 years and 26 to 32 new owner-occupied units each year for the next five years. John noted items that would need to be resolved before annexation such as a utility easement with natural gas, lift station sizing, and financing improvements. 1 Jose Dominguez, City Engineer, presented four proposals for the Council to consider. Each of the proposals included parks, jail, housing, and commercial lots. Discussion followed on the proposals. 5. Mobile Food Vendor Research Presentation- Finance Intern Sam Rabern 359-22 Council Member Hellwege moved to table the Mobile Food Vendor research. Council Member Jennewein seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Council Member Letellier excused himself at 12:53 p.m. 6. Briefing on the November 7, 2022 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Adjourn 360-22 Council Member Ward moved to adjourn the Council special session at 1:06 p.m. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of November, 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 November 7, 2022 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on November 7, 2022 at 7:00 p.m. by Mayor Cole. 1. Roll Call 2 Present: Hellwege, Holland, Humphrey, Jennewein, Murra, Price, Ward, Mayor Cole Absent: Letellier 2. Pledge of Allegiance 3. Minutes A. Minutes of October 17, 2022, Special Session and October 17, 2022, Regular Session 361-22 Council Member Holland moved approval of the October 17, 2022, Special Session and October 17, 2022 regular session minutes. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 362-22 Council Member Hellwege moved approval of the agenda with the addition of the Transgender Day of Remembrance proclamation and the Veterans Appreciation proclamation to Visitors to be Heard Item A and B. Council Member Price seconded the motion. Motion carried 7 to 1. Mayor Cole declared the motion adopted. 5. Visitors to be Heard A. Veterans Appreciation Week Proclamation Mayor Cole read the proclamation recognizing November 11, 2022 as Veterans Day. In honor of these dedicated men and women, we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principles of freedom and democracy. B. Transgender Day of Remembrance Proclamation Council Member Hellwege read the proclamation for “Transgender Day of Remembrance” recognizing November 20, 2022 as Transgender Day of Remembrance in Vermillion as a memorial to all transgender lives lost in the past year due to anti-transgender violence. 6. Public Hearings A. Annual liquor and wine license renewals 3 Katie Redden, Finance Officer, reported that this was the time set for the public hearing for the annual liquor and wine license renewals. Katie stated that the notice of hearing and the Police Chief’s report are included in the packet. Katie stated that, from the Police report, there was one license holder that had failed a compliance check and, as required by ordinance, a management plan from Sedexo America, LLC which is included in the packet. Katie noted that the second action would be to consider the renewal of the balance of the on-sale retail liquor licenses with Sunday sales, retain on-off sale wine licenses and municipal package off sale license. Katie noted that, if not approved, the reason for the denial must be stated. 363-22 Council Member Holland moved approval of reissuance of the following licenses: Re-issuance of On-Sale-Retailer Liquor with Sunday sales: Bebee Street II, LLC. for Carey’s Bar at 18 West Main; Bunyan’s, LLC for Bunyan’s at 1201 West Main; Charcoal Lounge, Inc. for Charcoal Lounge at 6 & 8 East Main; City of Vermillion for The Bluff's Golf Course at 2021 East Main; Fire Works, Inc for Dakota Brick House at 15 West Main Street; Fraternal Order of Eagles for Eagles Club 2421 at 114 West Main; Leo’s Sports Bar & Grill, LLC for Leo's Lounge at 7 & 11 South Market; Main Street Pub, Inc for Main Street Pub at 11 West Main Street; PR Vermillion, LLC for Pizza Ranch at 912 N Dakota Street; Red Steakhouse, Inc for Red Steakhouse at 1 East Main Street; Tom French at 24 Center Street; Re- issuance of Retail On-Off Sale Wine: Sodexo America, LLC at Sanford Coyote Center & Dakota Dome 1101 North Dakota; Café Brule, Inc for Café Brule at 24 West Main; Circle 13, LLC for Public Room 13 at 1313 West Cherry; D&D Foods, Inc for Hartford Steak Co Tavern at 7 Court Street; Fire Works, Inc for Dakota Brick House at 15 West Main Street; HyVee Food Stores Inc for HyVee at 525 West Cherry Street; Jon Donald Enterprises, Inc for Silk Road Café at 12 West Main; Mexico Viejo, Inc for Mexico Viejo Mexican Restaurant 432 E Cherry; R & D Management LLC for El Fredo Pizza at 831 East Cherry Street; Red Steakhouse, Inc for Red Steakhouse at 1 East Main Street; Sunset Oil, Inc for Pump N Pak Casino at 629 Stanford St Suite A; Varsity Pub, LLC for The Varsity at 113 East Main Street; Wal-Mart Stores, Inc. for Wal-Mart #3734 at 1207 Princeton Street; Re-issuance of Municipal Off-Sale Package Liquor: City of Vermillion for Municipal Liquor Store at 820 Cottage. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 7. Old Business - None 8. New Business A. Request from the University of South Dakota to temporarily remove parking from the east side of N. Dakota Street from the entrance to the 4 Sanford Coyote Sports Center loading dock to the entrance to the Dakota Dome loading dock on November 10, 11, and 12, 2022 to allow for a school bus drop-off/pick-up location during the South Dakota High School State Football Championships. John Prescott, City Manager, reported on the closure of North Dakota Street from the Sanford Coyote Sports Center (SCSC) loading dock to the Dakota Dome loading dock on Thursday, November 10, Friday, November 11, and Saturday November 12, 2022 for the South Dakota High School Football Championships. John noted that the University of South Dakota’s Athletics Department has requested that no parking be allowed on the east side of N. Dakota Street starting at the Sanford Coyote Sports Center loading dock going north to the Dakota Dome loading dock for the State Football Championship games. John stated that this request allows teams to utilize the area as a team bus drop off/pick-up location on Thursday, November 10, Friday, November 11 and Saturday November 12, 2022 from 6:00 a.m. until 10:00 p.m. 364-22 Council Member Price moved approval of the parking removal on the east side of Dakota Street from the SCSC loading dock North to the Dakota Dome loading dock on Thursday, November 10th, Friday, November 11th, and Saturday, November 12th from 6:00 a.m. to 10:00 p.m. for the SDHS Football Championship games. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Resolution adjusting water rates Katie Redden, Finance Officer, reported that during the 2023 budget process it was proposed to adjust water rates by 2% to generate additional revenue to meet the increased operating costs of the water utility. Katie noted that the bond resolution for the water treatment plant improvements, which created the surcharge fee, requires that it be reviewed annually and adjusted so that it generates revenue equal to 1.10% of the principal and interest payments. Katie stated that the water rates were last adjusted in January 2022 by 2%. Katie reported that the proposed rate resolution is an overall increase of 2% that is projected to generate $85,000 in additional revenues for the water fund based upon the average water usage. Katie stated that the monthly billing for an average residential customer using 690 cubic feet of water per month would change from $31.09 to $31.74 or an increase of $0.65 cents per month. Katie noted that the resolution will have the new rates go into effect with the billing after January 1, 2023 so it will be with the bill sent out the end of January due February 10, 2023. Discussion followed. 5 365-22 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION AMENDING WATER RATES FOR 2023 WHEREAS, Section 53.075 of Title V Public Works of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to establish water rates. BE IT HEREBY RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council Chambers of said City at 7:00 p.m. on the 7th day of November, 2022, that water rates be established or changed as follows: a) Meter Service Charge per billing: 1) Residential Meter Service Size (inches) Charge ¾ $ 15.52 1 28.62 1 ½ 53.35 2 82.17 3 161.21 4 250.70 6 494.75 The above rates include a surcharge fee defined below. 2) Apartment house and trailer courts per billing: Meter Service Size (inches) Charge 1 28.62 1 ½ 53.35 2 82.17 3 161.21 4 250.70 6 494.75 The above rates include a surcharge fee defined below. In addition, an apartment or trailer charge as follows shall be assessed for each apartment or trailer unit over one (1) connected to a master meter. The listed rate includes a surcharge fee defined below. Additional units $ 4.26 3) Commercial and industrial per billing: Meter Service Size (inches) Charge ¾ $ 15.52 6  1 28.62 1 ½ 53.35 2 82.17 3 161.21 4 250.70 6 494.75 The above rates include a surcharge fee defined below. An additional charge as follows shall be assessed for each commercial or industrial unit over one (1) connected to a master meter. The listed rate includes a surcharge fee defined below. Additional units $ 4.26 b) Water Charge: In addition to the meter charges mentioned in subsection (a) above there shall be the charge as follows per 100 cubic feet of all water used: Water Charge $ 2.35 Outside City Limits: All customers residing outside the city limits of the City of Vermillion, South Dakota shall pay one and one half (1.5) times the aforesaid rates. c) Bulk Water Rate: Bulk water rates shall be the per gallon charge as follows: Bulk Water $ .006214 d) Debt Service Surcharge Fees: There is hereby established and imposed, pursuant to the authority of SDCL Ch. 9-40, a surcharge upon the water service in the City of Vermillion. The surcharge shall apply to all classes of customers listed in (a) above. The debt service surcharge is a special charge for the use of the water plant improvements and is pledged to the South Dakota Conservancy District for the payment of the loan payments on the 2005 Drinking Water State Revolving Fund Loan. The City does hereby establish the debt service surcharge fees for each customer of its System who received or benefits from the Project or services of the Project. Such allocation shall be set at a level which, assuming a ten percent (10%) delinquency rate, will produce income at the times and in amounts sufficient to pay when due the principal of and interest on the borrower 2005 bonds and the administrative expense surcharges and all other payments as may be required under the loan agreement. The charges shall be reviewed annually by city personnel and administratively adjusted, upwards or downwards, pursuant to SDCL 9-40-15.1 and 9-40-15 to such amounts as may be necessary to pay principal, administrative surcharge and other charges as may become due and owing under the loan agreements. The monthly surcharge fee included in (a) above is as follows: 7  Meter Service Size (inches) Charge ¾ $ 4.48 1 8.30 1 ½ 15.47 2 23.84 3 46.77 4 72.75 6 143.57 In addition, an apartment or trailer charge as follows shall be assessed for each apartment or trailer and or each commercial or industrial unit over one (1) connected to a master meter. The monthly surcharge fee included in (a) above is as follows: Additional units $ 1.24 The Debt Service Surcharge may be combined with the Meter Service Charge on the monthly billing for ease of reporting. e) Effective Date of Rate. The effective date of the rates listed in Vermillion City Ordinance 53.075 is for bills effective with a billing date after January 1, 2023. BE IT FURTHER RESOLVED, that any surcharge funds in excess of the debt service requirements be annually transferred to the water fund. Dated at Vermillion, South Dakota this 7th day of November, 2022. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By: _________________________________ Jonathan D. Cole, 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. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. C. First Reading of Ordinance 1472 amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal; Section 53.018, Rates to include as a Class II User when a Sanitary Sewer Flow Meter is required 8 Shane Griese, Utility Manager, reported on the first reading of Ordinance No. 1472 amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal; Section 53.018, Rates to include as a Class II User when a Sanitary Sewer Flow Meter is required. Shane noted that in 2015 changes were made to multiple sections of Chapter 53 Water, Sewers, and Sewage Disposal. Shane noted that these changes included setting two classes of sewer users. Class I which covered Residential, Commercial, and Industrial users, and Class II which included Commercial and Industrial users. Shane noted that, in addition to the changes to Chapter 53, there was an updated Resolution adopted establishing fees for Wastewater Service charges approved. Shane stated that this resolution included a rate structure for users with wastewater flows that required a sanitary sewer flow meter. However, this scenario was only included under the rate for Class II users, overlooking the possibility that a Class I user could require a sanitary sewer flow meter. Shane noted that the proposed amendment to the ordinance will assure that any user with wastewater flows that requires a sanitary sewer flow meter is covered under the established wastewater service fees. The proposed amendment would require any user regardless of class to be charged under the Class II fee schedule when a sanitary sewer flow meter is required. 366-22 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Hellwege moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1472 amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal; Section 53.018, Rates to include as a Class II User when a Sanitary Sewer Flow Meter is required for 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 7th day of November, 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 Murra. 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. D. Assignment of Airport hangar from Mr. Robert J. Stewart and Mrs. Patricia A. Stewart to Precision Guided Properties, LLC. 9 Jose Dominguez, City Engineer, reported on the assignment of an airport hangar. Jose noted that the City of Vermillion entered into a hangar lease agreement with Mr. Peter Kramer on July 19, 2004. The agreement, signed in 2004, was for an initial 20-year period ending on July 31, 2024. At that point, the owner would have an option to renew the lease for another 20-year period. Jose noted that on March 2, 2015 an “Assignment of Owner’s Interest in Lease” was approved by the City. This document allowed the same hangar lease to be transferred from one owner to another. In this case, Mr. Peter Kramer transferred his lease to Mr. Ron Anderson d/b/a Morgan County Properties, Inc. They in turn transferred their lease to Mr. Robert J. and Mrs. Patricia A. Stewart. Jose noted that on November 1, 2022, the City received another “Assignment of Owner’s Interest in Lease” from Mr. Robert J. and Mrs. Patricia A. Stewart transferring the hangar lease to Precision Guided Properties, LLC (PGP). Discussion followed. 367-22 Council Member Murra moved approval of the Assignment of Airport hangar from Mr. Robert J. Stewart and Mrs. Patricia A. Stewart to Precision Guided Properties, LLC. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Appointment to Business Improvement District #1 Board Jon Cole, Mayor, reported that the City received one BID #1 application to fill the open position. Mayor Cole noted that this was from Judy Benson the co-owner of Studio 13 Motel who is currently serving on the Board. Mayor Cole reported that the by-laws require that one seat be designated for a hotel/motel owner or manager. 368-22 Council Member Ward moved approval of Judy Benson for the BID #1 Board. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. F. Annual write-off of old accounts receivable Katie Redden, Finance Officer, reported that annually the City Council needs to remove the old accounts receivable from the accounting records with collection efforts to continue on these accounts unless discharged in bankruptcy. Katie stated that the request is to remove 156 utility accounts totaling $32,081.53, 6 returned checks for $672.66, and 146 ambulance accounts totaling $146,960.44 from the accounting records. Discussion followed. 10 368-22 Council Member Price moved approval of the removal from the accounting records of utility accounts totaling $32,081.53, returned checks for $672.66, and ambulance accounts totaling $146,960.44. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings A. Fuel Quotes Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on Item 1, 2, and 3. Item 1 - 4,350 gal unleaded 10% ethanol: Brunick Service $4.12, Jerry’s Service $3.40, Stern Oil $3.1370,; Item 2 – 3,000 gal No. 1 & 2 Diesel fuel dyed average price: Brunick Service $5.22, Jerry’s Service $5.10, Stern Oil $4.4569; Item 3 - 1,000 gal No. 1 & 2 diesel fuel-clear average price: Brunick Service $5.65, Jerry’s Service $5.40, Stern Oil $4.7319 369-22 Council Member Price moved approval of the low quotes of Stern Oil on Items 1, 2, and 3. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 10. City Manager's Report A. John reported that the Landfill and Recycling Center have moved to their winter schedule. The Recycling Center is now open on the 1st and 3rd Saturdays of the month from 9:00 a.m. to noon. The Landfill is not open on Saturday mornings during the winter months B. John noted that the City’s Historic Preservation Commission meets on Wednesday, November 9th at 9:00 a.m. in the John “Jack” Powell Conference Room at City Hall. C. John stated that City offices will be closed on Friday, November 11th for Veterans Day. D. John reported that the curbside recycling collection scheduled for Friday, November 11th will take place on Monday, November 14th. E. John noted that there is one opening on the Human Relations Commission for the remainder of a term that expires in May 2023. John requested that Expression of Interest forms be submitted by 5:00 p.m. on November 17th so that the City Council could make an appointment at the November 21st meeting. 11 F. John reported on a raffle notification from St. Agnes Church where they will be selling $1 tickets from October 22, 2022 through November 13, 2022 as part of their Fall Festival. The drawing is on November 13, 2022. Prizes range from $25.00 to $500.00 in cash as well as donated items. Proceeds from the raffle will be used for church improvements. PAYROLL ADDITIONS AND CHANGES Finance: Austin Flowers $24.04/hr; Police Admin: Andrew Paulsen $25.00/hr; Police: Andrew Delgado $30.00/hr, Ben Nelsen $30.00/hr, Randy Crum $36.69/hr, Drew Gortmaker $29.50/hr, Ryan Hough $38.71/hr, Tevin Mielitz $23.06/hr, Norma Probst $20.00/hr; Dispatch: Anthony Iverson $20.45/hr; Wastewater: Nick Anglin $21.68/hr 11. Invoices Payable Council Member Holland asked to abstain from Item 132. 370-22 Council Member Ward moved to approve Item 132: RICH HOLLAND MEALS/MILEAGE REIMBURSEMENT 99.82 Council Member Price seconded the motion. Motion carried 7 to 0 with 1 abstained. Mayor Cole declared the motion adopted. 371-22 Council Member Ward moved approval of the following invoices: A & A REFRIGERATION REPAIRS 6,929.48 A & B BUSINESS, INC COPIER CONTRACT 196.54 A&M SERVICES, INC UNIFORM CLEANING 60.00 A-OX WELDING SUPPLY CO CHEMICALS 1,890.00 A.R.K MEDIA ACCOUNTING SERVICES ADVERTISING 135.00 AMAZON BUSINESS SUPPLIES 296.79 ANTHONY MUDEK REFUND DISC GOLF FEE 25.00 APPEARA SHOP TOWELS 45.00 AT&T MOBILITY MOBILE HOT SPOTS 443.28 BARKING DOG INTERPRETIVE DESIGN STORYWALK POST/FRAME 5,942.26 BASIN ELECTRIC POWER COOP PROFESSIONAL SERVICES 59.29 BIERSCHBACH EQPT & SUPPLY TRAFFIC SIGN STANDS 808.50 BLACKSTONE PUBLISHING BOOKS 79.98 BLUEPEAK E911/TELEPHONE/INTERNET 5,319.11 BORDER STATES ELEC SUPPLY WORK CLOTHING 2,287.57 BOUND TREE MEDICAL, LLC SUPPLIES 1,749.27 12 BROADCASTER PRESS ADVERTISING 72.00 BRUNICKS SERVICE INC TUBE 28.00 BUTLER MACHINERY CO. PARTS 169.95 CAPITAL ONE SUPPLIES 1,068.05 CASK & CORK MERCHANDISE 777.30 CENGAGE LEARNING INC/GALE BOOKS 238.33 CHAMBERLAIN OIL CO OIL 1,019.14 CHRISTOPHER POPPENGA REFUND DISC GOLF FEES 25.00 CINTAS SUPPLIES 213.25 CITY OF SIOUX FALLS TESTING 14.50 CITY OF VERMILLION COPIES/PSOTAGE 944.51 CITY OF VERMILLION UTILITY BILLS 39,559.46 CMOORE PIT SERVICE PORTA-POT RENTAL 150.00 COAST TO COAST SOLUTIONS SUPPLIES 371.15 COLONIAL LIFE INSURANCE 3,105.70 CORDICO INC FIREFIGHTER WELLNESS APP 9,000.00 CORE & MAIN LP WATER METERS/SUPPLIES 8,905.24 COYOTE CHEMICAL COMPANY PRESSURE WASHER 7,852.65 CRANE SALES & SERVICES REPAIRS 522.05 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 7,668.00 CROUCH RECREATION PICNIC TABLES 4,500.00 CUMMINS SALES & SERVICE REPAIRS 2,706.94 DAKOTA BEVERAGE MERCHANDISE 15,189.66 DAKOTA PC WAREHOUSE COMPUTER/HDMI CABLE/SPLITTER 917.91 DAKOTA TRAFFIC SERVICES LLC PAVEMENT MARKING PAINT 6,988.10 DAVID SCHMAGEL REFUND DISC GOLF FEE 25.00 DELTA DENTAL PLAN INSURANCE 6,132.76 DEMCO SUPPLIES 166.09 DENNIS MARTENS MAINTENANCE 833.34 DGR ENGINEERING PROFESSIONAL SERVICES 2,846.84 DIVISION OF MOTOR VEHICLE TITLE/PLATES 15.00 DUBOIS CHEMICALS CHEMICALS 49,311.50 DYLAN KUEHL REFUND DISC GOLF FEES 25.00 ECHO ELECTRIC SUPPLY SUPPLIES 1,574.41 ED M. FELD EQPT CO PARTS 2,593.50 EMERGENCY APPARATUS MAINTENANCE REPAIRS 333.18 ENERGY LABORATORIES TESTING 4,897.00 ENGRAVER'S EDGE NAMETAGS 24.02 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,938.50 FARMER BROTHERS CO. COFFEE FILTER PACKETS 109.18 FAST AUTO GLASS REPAIRS 261.19 GLOBAL DIST. MERCHANDISE 140.00 GLOBAL INDUSTRIAL STRIP CURTAINS 722.53 13 GRAHAM TIRE CO. TIRES 705.68 GRAYMONT (WI) LLC CHEMICALS 9,607.75 GREGG PETERS FREIGHT 1,864.79 GREGG PETERS RENT 937.50 HACH CO PARTS 2,940.36 HANSEN LOCKSMITHING REPAIRS 1,119.00 HAUFF MID-AMERICA SPORTS WORK CLOTHING 184.00 HELMS & ASSOCIATES PROFESSIONAL SERVICES 11,453.16 HIGH POINT NETWORKS PROFESSIONAL SERVICES 47.50 HY VEE FOOD STORE SUPPLIES 326.38 IAN JUNKERMANN REFUND DISC GOLF FEES 25.00 IMS ALLIANCE NAME TAGS 46.00 IN CONTROL, INC PROFESSIONAL SERVICES 335.25 INGRAM BOOKS 1,893.41 INTERSTATE ALL BATTERY CENTER BATTERIES 821.10 JACKS UNIFORM & EQPT UNIFORM 1,852.33 JASPER JOHNSON SAFETY BOOTS REIMBURSEMENT 117.14 JAY'S PLUMBING REPAIRS 326.40 JOHN A CONKLING DIST. MERCHANDISE 6,490.10 JOHNSEN HEATING & COOLING HEAT PUMP/FURNACE/REPAIRS 62,530.93 JOHNSON BROTHERS OF SD MERCHANDISE 27,025.81 JOHNSON FEED, INC TUBE 78.55 JONES FOOD CENTER SUPPLIES 362.68 JOSH KLEINHESSELINK MEALS REIMBURSEMENT 81.00 K & M TIRE PARTS 46.05 KIMBALL MIDWEST SUPPLIES 45.95 KNIFE RIVER MIDWEST, LLC SUPPLIES 1,836.51 KNOEPFLER CHEVROLET REPAIRS 283.50 LAYNES WORLD NAME PLATES 42.00 LEISURE LAWNS, LLC PROFESSIONAL SERVICES 70.00 LOFFLER COPIER CONTRACT/COPIES 353.98 M & M CONSTRUCTION LLC CONCRETE WORK 9,600.83 MARK MILBRODT SAFETY BOOTS REIMBURSEMENT 138.45 MATHESON TRI-GAS, INC MEDICAL OXYGEN 690.74 MAX PETERS REFUND DISC GOLF FEES 25.00 MC2, INC REPAIRS 1,009.75 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 448.70 MEREDITH BOOKS BOOK 35.91 MICHAEL WATTERSON SAFETY BOOTS REIMBURSEMENT 202.34 MIDWEST ALARM CO ALARM MONITORING 80.12 MIDWEST TURF & IRRIGATION MOWER/MOTOR ASSY 33,935.01 MIDWEST WHEEL COMPANIES PARTS 328.75 MISSOURI RIVER ENERGY SERVICE OIL SAMPLING 532.50 14 MISTER SMITH'S FOOD 63.53 MURPHS APPLIANCE & TV INC REPAIRS 264.95 NATIONAL FIRE PROTECTION ASSOC FIRE PREVENTION WEEK SUPPL. 60.35 NATIONAL MUSIC MUSEUM FUNDING 7,500.00 NCL OF WISCONSIN, INC CHEMICALS 865.25 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 NETSYS+ SUBSC. RENEWAL/PRO. SVCS 9,576.00 NICKOLAS BERINGER REFUND DISC GOLF FEES 25.00 NORINE RIIS REFUND DISC GOLF FEES 25.00 O'REILLY AUTO PARTS PARTS 218.05 OMAHA WORLD HERALD SUBSCRIPTION 238.99 OVERHEAD DOOR OF SIOUX CITY REPAIRS 1,022.00 PALMETTO GBA RAILROAD MEDICARE REFUND AMBULANCE OVERPAYMENT 15.86 PCC, INC COMMISSION 3,598.86 PHELPS WORK CLOTHING 965.17 PING/KARSTEN MFG CORP MERCHANDISE 642.21 PIZZA RANCH BUFFETS 62.50 PLASTICS FULFILLMENT INC SUPPLIES 369.50 PRAIRIE BERRY WINERY MERCHANDISE 768.00 PREMIER SPECIALTY VEHICLES PARTS 2,814.00 PRESSING MATTERS FORMS 475.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 77.97 QUADIENT LEASING USA, INC POSTAGE METER LEASE 234.24 QUILL TONER 308.59 RACOM CORPORATION MAINTENANCE 473.98 REDI TOWING TOWING 900.00 REPUBLIC NATIONAL DISTRIBUTING CO MERCHANDISE 19,589.71 REQUIP, LLC REPAIRS 9,769.19 RESCO CHARGEPOINT EXPRESS STATION 56,768.00 RIVERSIDE HYDRAULICS & LAB PART 7.96 RUNNING SUPPLY, LLC SUPPLIES 2,520.99 RYAN PTAK REFUND DISC GOLF FEES 25.00 SANFORD HEALTH OCCUPATIONAL TESTING 414.00 SD ELECTRICAL COMMISSION PERMIT 100.00 SD LOTTERY LICENSE RENEWAL 100.00 SD PUBLIC ASSURANCE ALLIANCE LIABILITY COVERAGE 183,228.77 SD PUBLIC HEALTH LABORATORY TESTING 525.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 59,508.62 SDWWA- MEMBERSHIP DUES 40.00 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,703.59 SHERRY A. HOWE MEALS REIMBURSEMENT 28.00 SHI INTERNATIONAL CORP. ADOBE ACROBAT SUBSCRIPTION 185.14 SIOUX EQUIPMENT PARTS-FUEL SYSTEM 80.27 15 SOUTHERN GLAZER'S OF SD MERCHANDISE 12,624.25 STEWART OIL-TIRE CO REPAIRS 731.75 STRYKER SALES CORPORATION AMBULANCE EQUIPMENT 28,437.82 STURDEVANTS AUTO PARTS PARTS 392.06 SYNCB/AMAZON DVDS/BOOKS/SUPPLIES 849.71 TANNER ELLE SAFETY BOOTS REIMBURSEMENT 158.00 TASTE OF HOME BOOKS BOOK 30.98 THE LIBRARY STORE, INC SUPPLIES 573.50 THE LUMBERYARD LLC MATERIALS 246.68 THE RETROFIT COMPANIES, INC PROFESSIONAL SERVICES 200.96 TITAN MACHINERY-SIOUX FALLS ROTARY MOWER 20,556.21 TODDS ELECTRIC SERVICE INSTALL LOAD CONTROLLERS 561.11 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 1,096.45 TRI-STATE GARAGE DOOR, INC PARTS 8,754.10 TRUCK-TRAILER SALES PARTS 234.50 TRUE BRANDS MERCHANDISE 522.68 TWO WAY SOLUTIONS RADIOS/PROGRAMMING 1,821.85 TYLER HUBER REFUND DISC GOLF FEES 25.00 TYLER TECHNOLOGIES MAINTENANCE 330.84 UL LLC ANNUAL AERIAL INSPECTION 2,695.00 UNITED LABORATORIES SUPPLIES 297.39 UNITED WAY CONTRIBUTIONS 544.60 UNUM LIFE INSURANCE COMPANY INSURANCE 1,046.58 US BANK ST. PAUL DEBT SERVICE PAYMENT 485,677.50 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,250.00 USD FINANCIAL AFFAIRS MUSIC MUSEUM EXPANSION 100,000.00 VERIZON WIRELESS CELL PHONES 2,523.88 VERMILLION ACE HARDWARE SUPPLIES 1,472.83 VERMILLION CHAMBER OF COMMERCE FUNDING 99,516.60 VERMILLION FORD FORD F-150/PARTS 37,569.52 VERMILLION GARBAGE SERVICE WASTE HAULING 1,482.48 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 7,024.16 WALKER CONSTRUCTION INC PRENTIS PARK SIDEWALK 21,567.51 WESCO DISTRIBUTION, INC SUPPLIES 2,050.00 YANKTON FIRE & SAFETY ANNUAL INSPECTIONS 2,818.25 Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 16 372-22 Council Member Murra moved to adjourn the Council Meeting at 7:30 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 7th day of November, 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 ___________. 17  6. Public Hearings; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: November 21, 2022 Subject: Vacation of the alleyway lying between lots 1 through 12, Block 3, Park’s Addition, City of Vermillion, Clay County, South Dakota Presenter: Jose Dominguez Background: The City received petitions to vacate the alleyway right-of-way north of East Cherry Street between Cottage Avenue and North Dakota Street from all the adjacent property owners. There is only one individual property owner owning all the property along both sides of the alleyway. The request to vacate was commenced by the owner of the adjacent property to increase the land available for development. The utility providers were contacted by the owner seeking the vacation of the portion of the alleyway. The utilities have agreed since there are no utilities within the area being discussed. Discussion: There are two statutes that direct how municipalities vacate a street/alley right-of-way. One of the statutes is used when the street/alley has been used in the last 20 years (SDCL 9-45-9). The area being discussed is used as part of the parking lot for the adjacent businesses. None of the improvements, except for the curb cut, has ever been paid for by the City or accessed to the property owners. Additionally, the City does not maintain the area (e.g. pavement repairs or snow removal). The second statute, SDCL 9-45-10, is used when the right-of-way has not been used in the last 20 years. This statute requires a public hearing where the City Council will hear all the evidence and testimony of the parties interested in vacating the right-of-way. After the hearing, the City Council may declare the right-of-way vacated via adoption of a resolution passed by a simple majority of the governing body. When vacating a right-of-way (whether a street or an alleyway), Staff considers the following impacts: access to properties, fire protection, and general traffic.  6. Public Hearings; item a Access to Properties Access to properties will not be impacted by the vacation since the same property owner owns both sides of the area being considered. Additionally, there are no other properties that gain access from the right-of-way. Fire Protection Fire protection will not be negatively impacted by the vacation since all the buildings can be reached from East Cherry Street. General Traffic Traffic (vehicular or pedestrian) will not be negatively impacted by the vacation. Financial Consideration: The City will record the vacation at a cost of $30.00. Conclusion/Recommendations: Administration recommends the vacation of the alleyway lying between Lots 1 through 12, Block 3, Park’s Addition, City of Vermillion, Clay County, South Dakota. RESOLUTION VACATING THE ALLEYWAY RIGHT-OF-WAY LYING BETWEEN LOTS 1 THROUGH 12, BLOCK 3, PARK’S ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA WHEREAS, the City of Vermillion has received a petition for the vacation of the alleyway lying between Lots 1 through 12, Block 3, Park’s Addition, City of Vermillion, Clay County, South Dakota, which petition has consent in writing from all adjoining property owners; and WHEREAS, notice of the public hearing has been published for two successive weeks in the official newspaper designated by the City; and WHEREAS, utilities have been notified and have stated that there are no utilities within the area being vacated; and WHEREAS, SDCL 9-45-10 provides authority for the City Council to vacate streets, alleys or public grounds that are not being used. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Vermillion that the alleyway lying adjacent to Lots 1 through 12, Block 3, Park’s Addition, City of Vermillion, Clay County, South Dakota is hereby vacated. Dated at Vermillion, South Dakota this 21st day of November 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_____________________________ ATTEST: Jonathan D. Cole, Mayor By_______________________________ Katie E. Redden, Finance Officer  7. Old Business; item a Council Agenda Memo From: Shane Griese, Utilities Manager Meeting: November 21, 2022 Subject: Second Reading of Ordinance 1472 amending Chapter 53 Water, Sewers, and Sewage Disposal, Section 53.018 Presenter: Shane Griese Background: In 2015, changes were made to multiple sections of Chapter 53 Water, Sewers, and Sewage Disposal. These changes included setting two classes of sewer users. Class I, which covered Residential, Commercial, and Industrial users; and Class II, which included Commercial and Industrial users. In addition to the changes to Chapter 53, there was an updated resolution adopted establishing fees for Wastewater Service charges approved. This resolution included a rate structure for users with wastewater flows that required a sanitary sewer flow meter. However, this scenario was only included under the rate for Class II users, overlooking the possibility that a Class I user could require a sanitary sewer flow meter. The City Council approved the first reading of Ordinance 1472 at the November 7th meeting. There have been no changes to the ordinance since the first reading. Discussion: The proposed amendment to the ordinance will assure that any user with wastewater flows that requires a sanitary sewer flow meter is covered under the established wastewater service fees. The proposed amendment would require any user regardless of class to be charged under the Class II fee schedule when a sanitary sewer flow meter is required. Financial Consideration: The only cost to the City, at this point, will be publishing. There is one customer that is using well water that will be discharging into the sanitary sewer system that this will affect. This customer is currently working on getting the sanitary sewer flow meter installed.  7. Old Business; item a Conclusion/Recommendations: Administration recommends approval of the second reading of Ordinance 1472 amending Chapter 53 Water, Sewers, and Sewage Disposal, Section 53.018. A roll call vote is required with the second reading of an ordinance.  ORDINANCE 1472 AN ORDINANCE AMENDING TITLE V, PUBLIC WORKS; CHAPTER 53, WATER, SEWERS, AND SEWAGE DISPOSAL; SECTION 53.018 OF THE REVISED ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, TO INCLUDE AS A CLASS II USER WHEN A SANITARY SEWER FLOW METER IS REQUIRED. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that Chapter 53, Section 53.018 be amended as follows: § 53.018 RATES. (A) Class I Residential, Commercial and Industrial Users. The monthly sewer charge to each user for ordinary use of the public sanitary sewer utility shall be equal to a percentage, set from time to time by resolution of the Council, of the average monthly charges made for water during the last January, February, and March period to any person occupying any premises served by the utility and to their successors in the occupancy. In cases where the premises were unoccupied during the months of January, February, and March and/or where the use of the premises has significantly changed the water usage, the sewer charge may be based on the average usage during 3 other months of the year. In cases where sanitary sewer flow meters are required, sewer charges shall be based on Class II user. (B) Class II Commercial and Industrial Users. The monthly sewer charge for each user shall be determined as outlined in § 53.110 through § 53.123 and shall be set by resolution of the Council. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By: __________________________________ Jonathan D. Cole, Mayor ATTEST: By: ________________________________ Katie E. Redden, Finance Officer First Reading: November 7, 2022 Second Reading: November 21, 2022 Publish: December 2, 2022 Effective: December 22, 2022  8. New Business; item a Council Agenda Memo From: Kalin Bird, Building Official Meeting: November 21, 2022 Subject: Animal Shelter Fee Adjustment Presenter: Kalin Bird Background: The City of Vermillion provides the service of animal control. Animal Control consists of services such as wild animal trapping, catching animals at large, and contributions towards the spay/neuter program for wild cats within Vermillion. All services can be hazardous due to disease and the undetermined aggression of an animal. Animals that are pets and familiar with their families are not always the same animal when they are lost, alone, and being approached by strangers. The City of Vermillion contributes a yearly amount to the spay/neuter program with the Heartland Humane Society. Unclaimed animals are adopted out through the Siouxland Humane Society for costs accrued by the City of Vermillion. Animal Control, during the suitable trapping season, offers the trapping and removal of small wild animals from the property of requesting citizens, with costs such as food, equipment, and personnel. The costs of providing such services come from the general fund. The City would like to encourage the vaccinations of animals to protect the public, their pets, and the employees of Animal Control. The unknown of vaccination records of animals can be a scary process for anyone or owners of animals that have been in an altercation. The City would like to encourage the use of boarding facilities in the surrounding areas to employ local businesses, while also not penalizing owners who have limited times their pet may escape. The City encourages citizens to purchase yearly dog licenses to help locate animals’ homes and owners faster and to have the best knowledge of vaccinations. A license cannot be issued until staff receive current vaccination records. Discussion: Animal Control is looking to modify the fee schedule to help offset the cost of the duties while encouraging owners to utilize local boarding facilities, have up-to-date vaccinations, and help locate a pet’s home. Animal control is  8. New Business; item a suggesting a separation in impoundment fees for vaccinated animals and unvaccinated animals. The proposal includes an increase in nightly boarding fees to be more competitive with local businesses, while encouraging the utilization of local services. The current impound fee is twenty dollars ($20.00). Animal control would like to use an impound fee of twenty dollars ($20.00) for the first impoundment of a vaccinated animal within a calendar year. The second impoundment fee of a vaccinated animal within a calendar year would become thirty dollars ($30.00) while the third and any subsequent impoundments of the same vaccinated animal within a calendar year would be forty dollars ($40.00). The fees for unvaccinated animals would be forty dollars ($40.00) for the first impoundment within a calendar year, sixty dollars ($60.00) for the second impoundment within a calendar year, and eighty dollars ($80.00) for the third and any subsequent impoundments of the same unvaccinated animal within a calendar year. The current rate for boarding is ten dollars ($10.00) per day with the maximum hold of 7 days. The proposed fee would be fifteen dollars ($15.00) for the first night, and twenty-five dollars ($25.00) for each subsequent night with a maximum hold of 7 days. Financial Consideration: No cost other than the publishing of notice. All fees would go into the general fund to help offset the hard costs of animal control services. Conclusion/Recommendations: Administration recommends approval of the adjusted resolution for animal shelter fees.  RESOLUTION AMENDING THE DOG IMPOUND FEE AND BOARDING FEE WHEREAS, Section 93.25 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to establish and change the impound fee rate for dogs held in the city animal shelter; and WHEREAS, Section 93.99(B) provides that any person violating the provisions of §93.20 et seq. shall, upon conviction, be fined an amount adopted by resolution for each offense, and shall be fined an additional amount beyond the amount fined in the previous offense for each subsequent offense provided the offenses shall have occurred within a period of 12 consecutive months from the date of the first offense; and WHEREAS, the cost of maintenance, operations, and supplies has increased, while the dog impound fee rate and the boarding fee rate have not changed since 2003. 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 21st day of November, 2022, that rates be amended as follows: 1. The impound charge for a vaccinated animal shall be Twenty Dollars ($20.00) for the first impoundment of the calendar year. The second impound charge for the same vaccinated animal in a calendar year shall be Thirty Dollars ($30.00). The third and all subsequent impoundments of the same vaccinated animal in a calendar year shall be Forty Dollars ($40.00). 2. The impound charge for an unvaccinated animal shall be Forty Dollars ($40.00) for the first impoundment of the calendar year. The second impound charge for the same unvaccinated animal in a calendar year shall be Sixty Dollars ($60.00). The third and all subsequent impoundments of the same unvaccinated animal in a calendar year shall be Eighty Dollars ($80.00). 3. The boarding fee of each animal impounded shall be Fifteen Dollars ($15.00) for the first day and Twenty-Five Dollars ($25.00) for each day following. Dated at Vermillion, South Dakota this 21st day of November, 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By Jonathan D. Cole, Mayor ATTEST: By Katie E. Redden, Finance Officer Adopted: November 21, 2022 Published: December 2, 2022 Effective: January 01, 2023  8. New Business; item b Council Agenda Memo From: Stone Conley, Assistant to the City Manager Meeting: November 21, 2022 Subject: Updating the City’s Personnel Manual Presenter: Stone Conley Background: The City of Vermillion has long had a Personnel Manual to assist with questions related to employment with the City. Not only does this manual benefit staff members but assists department heads by providing answers or solutions for certain situations. This document is a crucial piece of the onboarding process, being provided to all new employees electronically before or on their first day. The City has not updated the personnel manual since 2014. Since then, some items that have changed within union agreements alongside passed legislation, requiring alterations to the document. Administration wishes to update the personnel manual, by incorporating the items which have changed overtime. Discussion: At the October 17, 2022 Noon meeting, the City Council was presented with possible alterations to the personnel manual. Staff have addressed the changes City Council members discussed and edited the manual accordingly. For Section 2.14.1 Phones, Mobile Phones and Electronic Communications Devices, Administration added the final sentence “Failure to adhere to this may result in the employee being disciplined.” This is in response to some employees utilizing cellular phones during work hours. Next, Section 7.09 Personal Emergency Leave had updated language from both the union agreement and the City Council’s request. Within the section regarding Death in the Immediate Family, the term Immediate Family now includes an employee’s spouse or domestic partner. The term Domestic Partner was suggested by Lisa Marso, an attorney who assists the South Dakota Municipal League’s insurance company with questions. Ms. Marso recommended this language as it lessens the chances for abuse by staff. Also based on the union agreement, the terms Aunts and Uncles as Immediate Family are included.  8. New Business; item b Section 7.03.4 Sick Leave Compensation upon Separation has been altered as well. In this section it now states that “Employees with ten (10) or more years of service shall have their accumulated sick leave added to their accumulated vacation at the rate of one (1) hour for each three (3) hours of accumulated sick leave, up to a maximum of 780 hours.” The 780 hours is a change, and it is from the union agreement. Section 7.11 Holidays added the following holidays due to the change in union agreement: Martin Luther King Day (3rd Monday in January) and Juneteenth (June 19th). The union agreement also removed the two Floating Holidays section from the manual. Lastly, there is a newly introduced Section 10.09 Medical Cannabis Policy regarding the passed legislation of IM-26 and medical cannabis in the workplace. As requested by the Council, this section now states: In November 2020, the Citizens of the State of South Dakota passed IM-26 which would later become codified into South Dakota Law with the adoption of Chapter 34-20G: Medical Cannabis. This codified law legalized Medicinal Cannabis, allowing for patients with debilitating conditions to be prescribed Cannabis by a qualified physician. With this, 34-20G-24 was also adopted pertaining to Ingestion of Cannabis at the Workplace and Working under the influence of Cannabis. Per 34-20G-24, a City of Vermillion Employee May NOT: 1. Ingest Cannabis in the Workplace or on ANY Public Property 2. Work or be On-Call while under the influence of Medical Cannabis. All medical cannabis must be consumed on private property/residency per SDCL 34- 20G. Per SDCL 34-20G-28: The City of Vermillion reserves the right to discipline those who do not follow the City’s Medical Cannabis policy. Section 10.09 Confidentiality would become Section 10.10 with the addition of the new 10.09 related to medical cannabis. Financial Consideration: No cost for this update. Conclusion/Recommendations: Administration recommends approval of the changes made in the updated 2022 Personnel Manual.  2022 Personnel Manual Update City of Vermillion, SD 2.14.1 Phones, Mobile Phones and Electronic Communications Devices: While personal phone calls are not prohibited, their frequency, duration, and volume should not interfere with on-going work nor distract fellow employees. Excessive personal calls during the workday, regardless of the phone used, can interfere with employee productivity and be distracting to others. Employees are therefore asked to make personal calls on non-work time where possible and to ensure that friends and family members are aware of the City’s policy. Flexibility will be provided in circumstances demanding immediate attention. Employees are not permitted to make personal long-distance telephone calls using the City’s telephones, except in emergencies. Employees may place personal long-distance calls if they use their personal phone, calling card or call collect. Supervisors may remind Employees to remain off of their phones during the workday. Failure to adhere to this may result in the employee being disciplined. 7.09 Personal Emergency Leave: If necessary, qualified City employees may use accrued sick leave for personal emergency leave. This leave may be used for the following: Death in the immediate family. (Immediate family is defined as an employee’s spouse or domestic partner, parents, stepparents, children, stepchildren, brothers, sisters, step-brothers, step-sisters, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunts, uncles, grandparents, grandchildren and great grandchildren. The term also includes a spouse’s equivalent of the above). An employee shall be entitled to take up to three scheduled workdays, with pay, for a death in the employee’s immediate family or the immediate family of the employee’s spouse. 7.03.4 Sick Leave Compensation upon Separation: Upon voluntary separation from the service of the City, regular, non-probationary employees shall be compensated for accumulated sick leave up to the maximum limits set hereinafter in this section. Employees with no less than five (5) years of service shall have their accumulated sick leave added to their accumulated vacation at the rate of one (1) hour for each three (3) hours of accumulated sick leave, up to a maximum of 720 hours. Employees with ten (10) or more years of service shall have their accumulated sick leave added to their accumulated vacation at the rate of one (1) hour for each three (3) hours of accumulated sick leave, up to a maximum of 780 hours. 7.11 Holidays: The following days shall be paid holidays for City employees: • New Year's Day (January 1) • Martin Luther King Jr. Day (3rd Monday in January) • President's Day (3rd Monday in February) • Memorial Day (Last Monday in May) • Juneteenth (June 19th) • Independence Day (July 4) • Labor Day (1st Monday in September) • Native American Day (2nd Monday in October) • Veteran's Day (November 11) • Thanksgiving Day (4th Thursday in November) • Christmas Day (December 25th) *FLOATING HOLIDAY SECTION WAS DELETED FROM MANUAL*  10.09 Medical Cannabis Policy In November 2020, the Citizens of the State of South Dakota passed IM- 26 which would later become codified into South Dakota Law with the adoption of Chapter 34-20G: Medical Cannabis. This codified law legalized Medicinal Cannabis, allowing for patients with debilitating conditions to be prescribed Cannabis by a qualified physician. With this, 34-20G-24 was also adopted pertaining to Ingestion of Cannabis at the Workplace and Working under the influence of Cannabis. Per 34- 20G-24, a City of Vermillion Employee May NOT: 1. Ingest Cannabis in the Workplace or on ANY Public Property 2. Work or be On-Call while under the influence of Medical Cannabis. All medical cannabis must be consumed on private property/residency per SDCL 34-20G. Per SDCL 34-20G-28: The City of Vermillion reserves the right to discipline those who do not follow the City’s Medical Cannabis policy. * SECTION 10.09 “CONFIDENTIALITY” BECAME 10.10*  8. New Business; item c Council Agenda Memo From: Stone Conley, Assistant to the City Manager Meeting: November 21, 2022 Subject: Establishing Fees for a Level III Electric Vehicle Charging Station Presenter: Stone Conley Background: The City of Vermillion provides numerous services for the wellbeing of the community. On November 16, 2022, the City of Vermillion completed installation of a new Level III Electric Vehicle Charging Station. The City is seeking reimbursement through grants from the State of South Dakota and through Missouri River Energy Services. If all grants are received, the City would have roughly 73% of the total cost of the charging station covered. This station will also be one of the only public Level III stations available between our region and Rapid City. Light and Power will collect fees for the use of the Level III charging station which the attached resolution would implement. Discussion: Light & Power would like to add a fee to the new Level III Electric Vehicle Charging Station located on Princeton Street on the lot north of the Casey’s General Store or roughly 1305 Princeton Street. The proposed fee is $2.25 per 0.25 hours. Staff researched local municipalities and their charging station fees, finding $2.25 per 0.25 hours to be an average price point. The station will provide another source in the City of Vermillion for electric vehicle drivers to rapidly charge their car publicly. This version of Level III charger is much quicker than the current Level II unit in the City Hall parking lot. Financial Consideration: No cost other than the publishing of notice. All fees collected from the Level III station would go back into the Electric Fund. Conclusion/Recommendations: Administration recommends approval of the resolution establishing these Light & Power Fees.  RESOLUTION ESTABLISHING FEES FOR THE LEVEL III ELECTRIC VEHICLE CHARGING STATION WHEREAS, the City Council establishes rates and fees for services provided by the City; and WHEREAS, the City installed a new Level III Charging Station on Princeton Street and must establish fees for it; and WHEREAS, rates and fees are established to recover the increased costs of providing such a service. 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 21st day of November, 2022, that rates be established as follows for services provided after December 22, 2022: Light and Power: Level III Electric Vehicle Charging Fee: $2.25 per 0.25 hours Dated at Vermillion, South Dakota this 21st day of November, 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ________________________________ Jonathan D. Cole, Mayor Attest: By ________________________________ Katie Redden, Finance Officer Adopted: November 21, 2022 Publish: December 02, 2022 Effective: December 22, 2022  CITY OF VERMILLION INVOICES PAYABLE-NOVEMBER 21, 2022 1 A & B BUSINESS, INC COPIER CONTRACT 196.54 2 A&M SERVICES, INC UNIFORM CLEANING 20.00 3 AGLAB EXPRESS TESTING 75.00 4 AMAZON BUSINESS SUPPLIES 2,765.99 5 AMERICA'S TEST KITCHEN BOOK 31.90 6 AUTO VALUE PARTS 402.56 7 AUTOMATIC BUILDING CONTROL ANNUAL INSPECTION 2,594.61 8 BANNER ASSOCIATES, INC PROFESSSIONAL SERVICES 6,127.00 9 BARCO MUNICIPAL PRODUCTS SUPPLIES 2,136.13 10 BIERSCHBACH EQPT & SUPPLY BATTERY PACK 208.04 11 BLACKSTONE PUBLISHING BOOKS 595.95 12 BLUEPEAK INTERNET 523.30 13 BOONE BROTHERS ROOFING LEAK REPAIRS 201.58 14 BORDER STATES ELEC SUPPLY WORK CLOTHING 340.96 15 BOUND TREE MEDICAL, LLC SUPPLIES 242.06 16 BRENDINH SAYALOUNE MEALS REIMBURSEMENT 28.00 17 BROADCASTER PRESS ADVERTISING 1,542.42 18 BRUNICKS SERVICE INC FUEL 25,337.02 19 BUHLS CLEANERS MAT/MOP SERVICE 655.15 20 BUREAU OF ADMINISTRATION TELEPHONE 377.38 21 CASK & CORK MERCHANDISE 639.84 22 CENGAGE LEARNING INC/GALE BOOKS 52.79 23 CHAMBERLAIN OIL CO SUPPLIES 428.90 24 CHARGEPOINT CHARGER CLOUD 2,880.00 25 CINTAS SUPPLIES 156.00 26 CITY OF VERMILLION LANDFILL VOUCHERS 226.50 27 CLAY COUNTY AUDITOR REFUND LANDFILL OVERPAYMENT 25.00 28 CLAY COUNTY WEED DEPT SPRAYING 29.50 29 CLAY RURAL WATER SYSTEM WATER USAGE 71.80 30 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,696.44 31 CMOORE PIT SERVICE PORTA-POT RENTALS 900.00 32 CNA SURETY DIRECT BILL NOTARY PUBLIC 50.00 33 COFFEE KING, INC MERCHANDISE 74.00 34 CORDICO INC LAW ENFORCEMENT WELLNESS APP 5,400.00 35 COTTONWOOD PRODUCTIONS SUPPLIES 29.95 36 CRANE SALES & SERVICES REPAIRS 751.32 37 DAKOTA BEVERAGE MERCHANDISE 9,561.16 38 DAKOTA PC WAREHOUSE USB CABLE/INK CARTRIDGES 214.93 39 DAKOTA PUMP INCORP PARTS 2,389.78 40 DAKOTA RIGGERS & TOOL SUPPLY SUPPLIES 85.91 41 DAKOTA SUPPLY GROUP WATER METERS 38,289.00 42 DAN HANSON MEALS REIMBURSEMENT 28.00 43 DAVID PUGH REFUND TOW OVERPAYMENT 5.00 44 DEMCO SUPPLIES 45.33 45 DGR ENGINEERING PROFESSIONAL SERVICES 53.00 46 EBSCO SUBSCRIPTION RENEWALS 6,065.24 47 ECHO ELECTRIC SUPPLY SUPPLIES 650.18 48 ENERGY LABORATORIES TESTING 1,320.00 49 EPG COMPANIES, INC REPAIRS 4,491.38 50 FEDEX. SHIPPING 15.71 51 FINDAWAY WORLD LLC BOOKS 1,271.76 52 GLOBAL DIST. MERCHANDISE 256.00 53 GRAHAM TIRE REPAIRS 589.97 54 GREENTREE PSYCHOLOGICAL SERVICES PROFESSIONAL SERVICES 400.00 55 GREGG PETERS MANAGERS FEE/ADVERTISING 6,500.00 56 H&H ELECTRIC & MOTOR REPAIR REPAIRS 861.00 57 HACH CO CHEMICALS 4,230.02 58 HAUGER LAWN SERVICE PROFESSIONAL SERVICES 170.00 59 HEIMAN FIRE EQUIPMENT WORK JACKETS 748.90 60 HELMS & ASSOCIATES PROFESSIONAL SERVICES 3,817.72 61 HENDERSON EXHAUST PLUS REPAIRS 30.00 62 HERC-U-LIFT REPAIRS 1,497.39 63 HOLIDAY INN LODGING 290.97 64 IMS ALLIANCE NAME TAGS 14.25 65 INGRAM BOOKS 3,003.66 66 ISTATE TRUCK CENTER PARTS 276.98 67 JACKS UNIFORM & EQPT UNIFORM 1,156.75 68 JESSICA PAOPAO PROFESSIONAL SERVICES 300.00 69 JIM GOBLIRSCH MEALS REIMBURSEMENT 48.00 70 JOHN A CONKLING DIST. MERCHANDISE 1,449.30 71 JOHNSEN HEATING & COOLING FURNANCE/DUCT WORK 10,477.98 72 JOHNSON BROTHERS OF SD MERCHANDISE 14,489.73 73 JOHNSON CONTROLS SERVICE AGREEMENT 1,922.45 74 JOHNSON FEED, INC PARTS 104.82 75 JONES AUTOMOTIVE 1ST RESPONDER DECKED DRAWER 1,666.84 76 JONES FOOD CENTER SUPPLIES 409.19 77 JP COOKE CO PET LICENSE TAGS 69.00 78 K & M TIRE TIRES 321.24 79 KAIROI, INC WEBSITE HOSTING/MAINTENANCE 350.00 80 KELLY KNUTSON MEALS REIMBURSEMENT 28.00 81 KONEXUS SUBSCRIPTION 1,294.00 82 LAWSON PRODUCTS INC SUPPLIES 311.73 83 LAYNES WORLD AWARD 70.53 84 LEISURE LAWNS, LLC WINTERIZE SPRINKLERS 310.00 85 LESSMAN ELEC. SUPPLY CO SUPPLIES 242.37 86 LIBRARY FURNITURE INTERNATIONAL SHELVING 3,211.14 87 LOCATORS AND SUPPLIES, INC GLOVES/HARD HATS 471.88 88 LOFFLER COPIER CONTRACT/COPIES 1,029.69 89 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,390.00 90 MATHESON TRI-GAS, INC CYLINDER RENTAL 600.87  91 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 1,503.00 92 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 292.50 93 METERING AND TECHNOLOGY SOLUTIONS BATTERIES/CHARGER 796.16 94 MIDAMERICAN GAS USAGE 2,966.81 95 MIDWEST ALARM CO REPAIRS 600.92 96 MIDWEST READY MIX & EQUIPMENT FLOWABLE FILL/REBAR 1,401.00 97 MIDWEST WHEEL COMPANIES PARTS 23.92 98 MINN MUNICIPAL UTILITY ASS 4TH QTR SAFETY MGMT PROGRAM 8,004.75 99 MOORE WELDING & MFG REPAIRS 385.00 100 MR. GOLF CAR, INC REPAIRS 274.35 101 NALCO CHEMICAL CO CHEMICALS 228.15 102 NCL OF WISCONSIN, INC CHEMICALS 454.15 103 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 104 NETSYS+ PROFESSIONAL SERVICES 8,874.00 105 O'REILLY AUTO PARTS PARTS 154.31 106 OCTANE INK PRINTED VINYL-SQUAD TRUCK 235.13 107 OTIS ELEVATOR COMPANY SERVICE CONTRACT 125.00 108 PANACEA MEADERY LLC MERCHANDISE 180.00 109 PEPSI COLA OF SIOUXLAND MERCHANDISE 464.75 110 PING/KARSTEN MFG CORP MERCHANDISE 520.86 111 POMPS TIRE SERVICE, INC. TIRES 4,570.55 112 PRESSING MATTERS NOTARY STAMP 33.00 113 PRIDE NEON INC SIGN-LIQUOR STORE 4,200.00 114 QUADIENT FINANCE USA, INC POSTAGE 200.00 115 QUILL SUPPLIES 661.44 116 RAMKOTA HOTEL LODGING 303.00 117 REDI TOWING TOWING 375.00 118 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 11,302.65 119 RUNNING SUPPLY, LLC SUPPLIES 1,277.51 120 SAFETY BENEFITS INC REGISTRATION 225.00 121 SANFORD HEALTH OCCUPATIONAL TESTING 660.00 122 SANITATION PRODUCTS INC PARTS 297.21 123 SD DENR LANDFILL OPERATIONS FEE 3,826.06 124 SD DEPT OF HEALTH LICENSE RENEWAL 275.00 125 SD GOLF ASSOCIATION MEMBERSHIP REGISTRATION 23.00 126 SD PUBLIC ASSURANCE ALLIANCE INSURANCE COVERAGE 9,270.65 127 SD SECRETARY OF STATE FILING FEE 30.00 128 SDWWA- MEMBERSHIP DUES 10.00 129 SECURITY SHREDDING SERVICE SHREDDING 35.00 130 SHI INTERNATIONAL CORP. SUBSCRIPTION 154.29 131 SIOUXLAND HUMANE SOCIETY FEES 111.00 132 SIRCHIE ACQUISITION COMPANY EVIDENCE BAGS 245.60 133 SOUTHERN GLAZER'S OF SD MERCHANDISE 7,468.02 134 STANDARD & POOR'S GLOBAL FISCAL AGENT FEES 2,500.00 135 STAPLES BUSINESS CREDIT SUPPLIES 962.07 136 STATE INDUSTRIAL PRODUCTS CHEMICALS 384.06 137 TASTE OF HOME BOOKS BOOKS 70.96 138 TEVIN MIELITZ BOOT REIMBURSEMENT 159.75 139 THE LUMBERYARD LLC MATERIALS 133.73 140 THE UPS STORE #6751 SHIPPING 51.95 141 TODDS ELECTRIC SERVICE HEATER WIRING 3,970.04 142 TOTAL FLOORING CARPET/INSTALLATION 7,479.27 143 TRUCK-TRAILER SALES REPAIRS 3,041.58 144 TWIN CITY HARDWARE KEYS 521.31 145 TYLER TRAGESER MEALS REIMBURSEMENT 28.00 146 UNITED PARCEL SERVICE SHIPPING 17.43 147 US BANK ADMINISTRATION FEES 3,930.00 148 USD FINANCIAL AFFAIRS WELLNESS CENTER EXPANSION 50,000.00 149 USPS-POC POSTAGE FOR METER 700.00 150 VALIANT VINEYARDS MERCHANDISE 154.20 151 VERMILLION ACE HARDWARE SUPPLIES/PARTS 1,322.69 152 VERMILLION FORD PARTS 339.76 153 VISTA OUTDOOR SALES, LLC MERCHANDISE 489.71 154 WALKER CONSTRUCTION INC SIDEWALK REPAIRS 362.10 155 WESCO DISTRIBUTION, INC SUPPLIES 127.00 156 WESTERN IOWA TECH TRUCK DRIVING LAB 300.00 157 WHEELCO SUPPLIES 30.00 158 YANKTON FIRE & SAFETY ANNUAL INSPECTION 54.00 GRAND TOTAL $336,915.68