City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session December 19, 2022 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, December 19, 2022 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Holland, Jennewein, Letellier, Price, Mayor Cole Absent: Hellwege, Humphrey, Murra, Ward (Arrived 12:02 p.m.) 2. Adoption of Agenda 401-22 Council Member Price moved approval of the agenda. Council Member Holland seconded the motion. Motion carried 5 to 0. Mayor Cole declared the motion adopted. Council Member Ward arrived at 12:02 p.m. 3. Visitors to be Heard David Lias asked the Council if they could utilize their mics during the evening meetings in order for the public to hear them better. 4. Informational Session – Vermillion Chamber and Development Company (VCDC) quarterly report – Scott Pohlson, VCDC Board Past Chair, and Jeff Erickson, VCDC Board President Scott Pohlson, VCDC Board Past Chair, and Jeff Erickson, VCDC Board President, presented the VCDC quarterly report to the City Council. Pohlson went over the new organizational chart outlining the four employees and their duties. Pohlson then outlined the VCDC’s focus and the properties the VCDC owns. Discussion followed. 5. Informational Session – Discussion on fee proposal for possessing of backyard chickens without a permit – Kalin Bird, Building Official Kalin Bird, Building Official, presented three proposed ideas for fee schedules. The three ideas are: 1) $10 per day fee, 2) $15 for the first week and $25 for each week after, 3) $50 fee each year. Discussion followed and the Council agreed on the second option. 1 6. Draft of park ordinance – Jim Goblirsch, Parks and Recreation Director Jim Goblirsch, Parks and Recreation Director, presented a draft ordinance for the Parks and Recreation Department. Jim noted that the current ordinance was implemented in the 80s and gives very limited authority to the Department. Jim outlined a few of the areas and discussion followed on the draft ordinance. 7. Briefing on the December 19, 2022 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 8. Adjourn 402-22 Council Member Price moved to adjourn the Council special session at 12:59 p.m. Council Member Ward seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of December, 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 December 19, 2022 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on December 19, 2022 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole Absent: Hellwege 2 2. Pledge of Allegiance 3. Minutes A. Minutes of December 5, 2022, Special Session and December 5, 2022, Regular Session 403-22 Council Member Holland moved approval of the December 5, 2022, Special Session and December 5, 2022 regular session minutes. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 404-22 Council Member Price moved approval of the agenda. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard - None 6. Public Hearings A. Proposed financing for the improvements to the Water Facility Sara Pankonin and Joe Munson of Banner Associates presented a proposal to improve the Water Treatment Plant Facility. Sara walked through the process of how water flows through the facility and pointed out areas that needed improvements. Sara walked through the projected population and needs the Water Facility would need. Joe talked about the distribution system improvements for the city, explaining the costs and what street would be effected. Banner proposed to upgrade the plant in two parts with phase one estimated at $6,637,200 with an anticipated rate impact of $9.46 per account per month. Discussion followed on the need of the improvements. 405-22 Council Member Holland moved to close the public hearing for the proposed financing for the improvements to the Water Treatment Plant Facility. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Proposed financing for the improvements to the Wastewater Facility Christa DeVries and Tanya Miller, Banner Associates, presented a proposal to improve the Wastewater Facility. Tanya showed how the wastewater flows through the system and showed recommended changes to the plant. Banner recommended demolishing the current pretreatment 3 building and replacing it, replacing the pump gallery and updating the hydraulic profile. Banner proposed the first phase costing an estimated $23,100,000 with an anticipated rate impact of $31.23 per account per month. 406-22 Council Member Price moved to close the public hearing for Proposed financing for the improvements to the Wastewater Facility. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. First reading of Ordinance 1477 amending City of Vermillion Code of Ordinances Title XV, Land Usage, Chapter 155, Zoning Regulations, Section 155.008, Definitions, to Include Definitions for “Malt Beverage”, “ Brewpub”, “Farm Winery”, “Microbrewery”, and “Wine Manufacturer”; Section 155.036, CB Central Business District, (A) Permitted Uses, to Include “Brewpub” as a Permitted Use, (B) Conditional Uses, to Include “Farm Winery”, “Microbrewery”, and “Wine Manufacturer” as Conditional Uses; Section 155.037, GB General Business District, (A) Permitted Uses, to Include “Brewpub” as a Permitted Use, (B) Conditional Uses, to Include “Farm Winery”, “Microbrewery”, and “Wine Manufacturer” as Conditional Uses; Section 155.039, GI General Industrial District, (B) Conditional Uses, to Include “Brewpub”, “Farm Winery”, “Microbrewery”, and “Wine Manufacturer” as Conditional Uses; and to Create Section 155.084, Brewpub, Farm Winery, Microbrewery, and Wine Manufacturer Jose Dominguez, City Engineer, reported on the first reading of Ordinance No. 1477. Jose noted that there has been an increased interest in the community to have malt beverage manufacturers within the city. The current ordinance does not allow for these uses explicitly. Conversely, the ordinance does not prohibit these uses. Jose stated that the proposed ordinance amendments are an attempt to codify uses associated with malt beverage and wine manufacturing. The latter has already been occurring within the city as a non-conforming use at the winery on the west end of the city. Jose noted that the proposed amendments will change the definition section, the uses allowed in certain districts, and create a new section that will have criteria for the uses. Jose stated that staff is proposing to include five new definitions. Four of these (i.e. “Malt Beverage”, “Farm Winery”, “Microbrewery”, and “Wine Manufacturer”) direct the reader to the State statute that defines the term. The remaining term, “Brewpub”, is defined in the ordinance as a brewer that is also an eating or drinking establishment. The State does not define “brewpub”. 4 Jose noted that the amendment also considers the location where the four new uses will be allowed. “Brewpubs” are recommended to be a permitted use in the CB Central Business and GB General Business districts while “microbrewery”, “farm winery” and “wine manufacturer” would be a conditional-use in these two districts. Additionally, all four uses would also be allowed in the GI General Industrial district as conditional-uses. Jose stated that the amendment creates a new section that states a criteria for each of the four uses. The criteria will inform the applicant of which license may be needed (e.g. malt beverage manufacturer’s license from the State, a City malt beverage license, a farm winery or wine manufacture’s license from the State). The criteria will dictate the area allowed for the brewing operation if the applicant also intends to serve food or alcohol and place a cap on the maximum production. Jose noted that the City’s Planning and Zoning Commission considered this item at their November 28th meeting. After discussion, the Commission unanimously recommended that the Council adopt the ordinance amendment. Jose stated that Staff changed the units used to measure the wine manufactured. The document presented states “150,000-barrels”. This was supposed to read as “150,000-gallons”. Staff used the cap set by the State for “farm winery”. This is 150,000-gallons. For reference, 1- barrel of wine has 60-gallons. If the ordinance is approved without this change the Council would be setting a maximum of 9,000,000- gallons, which would be an illegal amount for a “farm winery” to manufacture. Eldon Nygaard asked the Council if they could add artisanal distilleries to this ordinance. Eldon noted that this type of distillery is a good way to bring tourism to Vermillion. Mayor Cole asked if they were to add artisanal distilleries to this ordinance, would it have to go back to Planning Commission. Jose noted that it would have to go back to Planning Commission. Jose noted that the Council could pass this ordinance to get this in place due to a time restraint on a business owner wanting this type of business. Jose stated that another ordinance amended could be put into place to add artisanal distilleries at a later time. 407-22 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Ward moved adoption of the following Resolution: 5 BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1477 amending the City of Vermillion Code of Ordinances Title XV, Land Usage, Chapter 155, Zoning Regulations, Section 155.008, Definitions, to Include Definitions for “Malt Beverage”, “ Brewpub”, “Farm Winery”, “Microbrewery”, and “Wine Manufacturer”; Section 155.036, CB Central Business District, (A) Permitted Uses, to Include “Brewpub” as a Permitted Use, (B) Conditional Uses, to Include “Farm Winery”, “Microbrewery”, and “Wine Manufacturer” as Conditional Uses; Section 155.037, GB General Business District, (A) Permitted Uses, to Include “Brewpub” as a Permitted Use, (B) Conditional Uses, to Include “Farm Winery”, “Microbrewery”, and “Wine Manufacturer” as Conditional Uses; Section 155.039, GI General Industrial District, (B) Conditional Uses, to Include “Brewpub”, “Farm Winery”, “Microbrewery”, and “Wine Manufacturer” as Conditional Uses; and to Create Section 155.084, Brewpub, Farm Winery, Microbrewery, and Wine Manufacturer 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 19th day of December, 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. D. Retail on-off sale malt beverage license and on-off sale wine and cider license for the AV Lounge located at 4 W. Main Street Austin Flowers, Deputy Finance Officer, reported on Retail on-off sale malt beverage license and on-off sale wine and cider license for the AV Lounge located at 4 W. Main Street. Austin noted that an application was received for the AV Lounge, LLC at 4 West Main Street from Joe and Amanda Raiche. Austin stated that the retail on-off sale malt beverage license is for the licensing period from issuance to expiration on June 30, 2023, and the retail on-off sale Wine and Cider license is for the licensing period from January 1, 2023 to expiration on December 31, 2023. Austin noted that the City Council has the ability to issue a license on two criteria: suitable applicant and suitable location. As to the suitable applicant, the owners, Joe Raiche and Amanda Raiche, have submitted the information for the FBI background check. The FBI background check has not yet been received by the Police Chief. In the memo, the Police Chief states from the DCI report that there is no information to preclude the issuance of the license. With respect to 6 the location criteria, this location is in the downtown business district. 408-22 Council Member Price moved approval of the Retail on-off sale malt beverage license and on-off sale wine and cider license for the AV Lounge located at 4 W. Main Street contingent on FBI background checks coming back clear. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Medical cannabis license renewals Katie Redden, Finance Officer, reported on Medical Cannabis License Renewals. Katie noted that the ordinance required approval by the City Council for issuance of Medical Cannabis License Renewals. Katie stated that the following firms have applied to renew their medical cannabis license: Dispensary Licenses:  Dakota Herb at 112 E Main Street  Dakota Natural Growers at 907 N Norbeck  Exhale at 906 E Cherry Street Cultivation Licenses:  Dakota Natural Growers at 907 N Norbeck  Aardvark Alternative Medicine at 828 N Crawford Rd Katie noted that during the license period January 1, 2022 to December 31, 2022, two cultivation licenses are in use and one dispensary license is in active use. The remaining dispensaries are still in the construction phase which is due to getting the facilities up to code and in compliance with all laws. At this time, there have been no issues with Medical Cannabis licenses. Eldon Nygaard noted that the City has a much simpler process than the State and the City is more efficient. 409-22 Council Member Ward moved approval of the Medical Cannabis License renewals. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 7. Old Business A. Second reading of Ordinance 1473 amending the City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155, Zoning Regulations by amending Section 155.031, R-1 Residential District, subsection (A), Permitted Use, to include the “Bed and Breakfast 7 Establishment” use as a permitted use; by amending Section 155.035, R-4 Manufactured Housing District, subsection (A), Permitted uses, to include “Neighborhood Utility Facility” use as a permitted use; and by amending Section 155.038, NC Neighborhood Commercial District, subsection (A) , Permitted uses, to include the “Neighborhood Utility Facility” use as a permitted use. Jose Dominguez, City Engineer, reported on the second reading of Ordinance No. 1473. Jose noted that in 2019 the City completed a major zoning amendment. Since then, the City has approved some additional changes to the ordinance. These changes ranged from including new uses to modifying existing uses. Jose stated that the amendments being considered tonight were triggered when Staff were performing a cursory review of the Tom Street Lift Station Project. The City has been looking into improving the lift station since 2014. Jose noted that, at that time, the zoning ordinance allowed for lift stations to be constructed in the R-4 zoning district under the “Neighborhood Utility Facility”. During our most recent review, Staff found that the “Neighborhood Utility Facility” use was removed from the R-4 zoning district meaning that the existing lift station could not be built in the existing location or improved. Jose stated that the removal of this use from this district is not documented in any of the minutes. The Planning Commission recommended that the use remain in the district. However, the use was removed from the ordinance during the Council considerations. Jose noted that when the omission was discovered, Staff reviewed the ordinance to see if other omissions were found. Staff found that the “Neighborhood Utility Facility” use was also removed from the NC Neighborhood Commercial district. Once again, the use was recommended by the Planning Commission but omitted during the Council considerations. Similarly, the use of “Bed and Breakfast Establishment” was erroneously omitted from the R-1 district. Jose noted that the use can be found in the first reading approved by the Council but not in the second reading signed by the Mayor. Again, no mention of the removal of this use was found in the meeting minutes. Jose noted that, if approved, the amendments allowing for “Neighborhood Utility Facility” would allow for public utilities covering a small footprint to be constructed in certain areas. All setback requirements would still apply and, if necessary, Staff would have to request variances for the construction of any of the utility facilities. Jose noted no changes have been made since the first reading. 410-22 8 Second reading of title to Ordinance No 1473, entitled AN ORDINANCE AMENDING Title XV, Land Usage; Chapter 155, Zoning Regulations by amending Section 155.031, R-1 Residential District, subsection (A), Permitted Use, to include the “Bed and Breakfast Establishment” use as a permitted use; by amending Section 155.035, R-4 Manufactured Housing District, subsection (A), Permitted uses, to include “Neighborhood Utility Facility” use as a permitted use; and by amending Section 155.038, NC Neighborhood Commercial District, subsection (A) , Permitted uses, to include the “Neighborhood Utility Facility” use as a permitted use for the City of Vermillion, South Dakota. Mayor Cole read the title to the above named Ordinance, and Council Member Murra moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No 1473 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations by amending Section 155.031, R-1 Residential District, subsection (A), Permitted Use, to include the “Bed and Breakfast Establishment” use as a permitted use; by amending Section 155.035, R-4 Manufactured Housing District, subsection (A), Permitted uses, to include “Neighborhood Utility Facility” use as a permitted use; and by amending Section 155.038, NC Neighborhood Commercial District, subsection (A) , Permitted uses, to include the “Neighborhood Utility Facility” use as a permitted use for the City of Vermillion, South Dakota 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 5th day of December, 2022 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19 day of December, 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 1473 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.031, R-1 RESIDENTIAL DISTRICT, (A) PERMITTED USES, TO INCLUDE “BED AND BREAKFAST ESTABLISHMENT” AS A PERMITTED USE; SECTION 155.035, R-4 RESIDENTIAL DISTRICT, (A) PERMITTED USES, TO INCLUDE “NEIGHBORHOOD UTILITY FACILITY” AS A PERMITTED USE; AND, SECTION 155.038 NC NEIGHBORHOOD COMMERCIAL DISTRICT, (A) PERMITTED USES, TO INCLUDE “NEIGHBORHOOD UTILITY FACILITY” AS A PERMITTED USE BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that the following section of Chapter 155 be amended by 9 including “Bed and Breakfast Establishment” as a permitted use. All other portions of section 155.031 (A) will remain as they are. Following is the amendment: §155.031 R-1 RESIDENTIAL DISTRICT (A) PERMITTED USES. Permitted Use Applicable Standards Bed and Breakfast Establishment §§ 155.070, 155.072, 155.076, 155.077, 155.080 BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that the following section of Chapter 155 be amended by including “Neighborhood Utility Facility” as a permitted use. All other portions of section 155.035 (A) will remain as they are. Following is the amendment: §155.035 R-4 RESIDENTIAL DISTRICT (A) PERMITTED USES. Permitted Use Applicable Standards Neighborhood Utility Facility §§ 155.070 BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that the following section of Chapter 155 be amended by including “Neighborhood Utility Facility” as a permitted use. All other portions of section 155.038 (A) will remain as they are. Following is the amendment: §155.038 NC NEIGHBORHOOD COMMERCIAL DISTRICT (A) PERMITTED USES. Permitted Use Applicable Standards Neighborhood Utility Facility §§ 155.070 Dated at Vermillion, South Dakota this 19th day of December 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer 10 Adoption of the Ordinance was seconded by Council Member Jennewein. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Murra -Y, Mayor Cole-Y Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. B. Second reading of Ordinance 1474 amending the City of Vermillion Code of Ordinances Title XV, Land Usage, Chapter 155, Zoning Regulations by amending Section 155.078 (A), Home Occupations, to allow home occupations to also be conducted from accessory structures associated with a dwelling unit Jose Dominguez, City Engineer, reported on the first reading of Ordinance No. 1474. Jose stated that the City currently allows for home occupations to occur only within residential dwellings. Home occupations are defined as “any occupation carried on by a member of the immediate family residing on the premises”. Typically, home occupations are a service that can easily be done from the house without negatively affecting the neighboring properties. Jose stated that prior to 2019 home occupations were allowed to occur within the residential dwelling and within any associated accessory structure. The ability of having home occupations within accessory structures was removed in 2019 due to the negative effects that sometimes was caused on neighboring properties. For example, noise generated by business, parked cars used for the business, people coming and going, etc. Jose noted that since the adoption of the ordinance in 2019 the City has had several requests to operate home occupations from accessory structures associated with residential dwellings. By removing the ability to use accessory structures the City has made existing home occupation that were not negatively impacting neighboring property non- conforming. Additionally, it has removed the possibility of running a home occupation from locations that once operated a business from the accessory structure but stopped for 1-year or longer. Jose noted that no changes have been made since the first reading. 411-22 Second reading of title to Ordinance No 1474, entitled AN ORDINANCE AMENDING Title XV, Land Usage, Chapter 155, Zoning Regulations by amending Section 155.078 (A), Home Occupations, to allow home occupations to also be conducted from accessory structures associated with a dwelling unit for the City of Vermillion, South Dakota. 11 Mayor Cole read the title to the above named Ordinance, and Council Member Murra moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No 1474 entitled amending Title XV, Land Usage, Chapter 155, Zoning Regulations by amending Section 155.078 (A), Home Occupations, to allow home occupations to also be conducted from accessory structures associated with a dwelling unit 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 5th day of December, 2022 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of December, 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 1474 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.078, HOME OCCUPATIONS, SUBSECTION (A) TO INCLUDE ASSOCIATED ACCESSORY STRUCTURES AS A PLACE TO CONDUCT HOME OCCUPATIONS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that the following section of Chapter 155 be amended by including associated accessory structures as a place to conduct home occupations. All other portions of section 155.078 will remain as they are. Following is the amendment: §155.078 HOME OCCUPATIONS (A) The occupation must be conducted within a dwelling unit or associated accessory structure. Dated at Vermillion, South Dakota this 19th day of December 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Ward. Thereafter the question of the adoption of the Ordinance was put to a 12 roll call vote of the Governing Body, and the members voted as follows: Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Murra -Y, Mayor Cole-Y. Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. C. Second reading of Ordinance 1475 to amend Title XI, Business Regulations; Chapter 119, Mobile Food Vendors by amending Section 119.02 Definitions to add Food Stand and to remove the clause “upon a public street”, amending Section 119.04(A)(10) to permit set up after a special event, and to amend Section 119.05 to provide for the fee to be waived for non-profit organizations. Austin Flowers, Deputy Finance Office, reported on the second reading of Ordinance No. 1475. Austin noted that, in 2011, a Vermillion citizen came to the City Council and requested the creation of an ordinance that would allow Mobile Food Vendors to serve in the public right of way. On September 6, 2011, the City Council passed Ordinance No. 1258 that allowed Mobile Food Vendors to serve on public property and set regulations that companies who obtained a permit would need to follow. Austin noted that since 2011 there have been several changes within the City of Vermillion as well as within the Food Truck market. Also, in the past few years, Vermillion has attracted fewer food trucks than surrounding communities. Austin noted that staff discussed these issues with the City Council at the noon educational meeting on November 21st. It was determined that it may be in the best interest of the City to adopt some changes to amend Chapter 119. The proposed amendments would allow the City to adapt to the quickly changing environment and potentially increase the number of food trucks in our community. Austin stated that proposed Ordinance No. 1475 would make changes to the existing language of Chapter 119, Section 119.02, 119.04, and 119.05. The proposed changes include simplifying the definition of Mobile Food Vendor, adding a food cart to the definition, and removing the “upon a public street” clause from the definition. Furthermore, this proposal would allow Mobile Food Vendors to set up after a special event vs. the current language of waiting for two hours after the event ends. Lastly, language is proposed that the application fee would be waived for non-profit organizations. Austin noted that there were no changes from the first reading. Jose Lira of 15 Sycamore Ave No. 52 told the Council that he would like to setup in downtown in the furniture zone with a limited lease, but the current ordinance does not allow anyone but business owners to get that. 13 Mayor Cole noted that this ordinance does not have anything to do with the limited leases and Jose should work with staff to look at that ordinance. 412-22 Second reading of title to Ordinance No 1475, entitled AN ORDINANCE AMENDING Title XI, Business Regulations; Chapter 119, Mobile Food Vendors by amending Section 119.02 Definitions to add Food Stand and to remove the clause “upon a public street”, amending Section 119.04(A)(10) to permit set up after a special event, and to amend Section 119.05 to provide for the fee to be waived for non-profit organizations for the City of Vermillion, South Dakota. Mayor Cole read the title to the above named Ordinance, and Council Member Jennwein moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1475 entitled an ordinance amending Title XI, Business Regulations; Chapter 119, Mobile Food Vendors by amending Section 119.02 Definitions to add Food Stand and to remove the clause “upon a public street”, amending Section 119.04(A)(10) to permit set up after a special event, and to amend Section 119.05 to provide for the fee to be waived for non-profit organizations 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 5th day of December, 2022 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of December, 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 1475 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI, BUSINESS REGULATIONS; CHAPTER 119, MOBILE FOOD VENDOR; SECTIONS 119.02 THROUGH 119.05 MODIFYING THE DEFINITION OF A MOBILE FOOD VENDOR BY ADDING A FOOD STAND TO QUALIFY AS A MOBILE FOOD VENDOR AND REMOVING THE REQUIREMENT “UPON A PUBLIC STREET” AND UPDATING THE FEE SCHEDULE TO OBTAIN A PERMIT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that portions of Chapter 119, Section 119.02 through 119.04 and Section 119.05 be amended by simplifying the definition of Mobile Food Vendor, adding food stand to the definition, removing the clause “upon a public street”, allowing Mobile food vendors to set up after a special event, and updating the current fee schedule for a permit. All 14 other portions of section 119.02 through 119.04, Section 119.05, and Chapter 119 will remain as they are. Following are the amendments: §119.02 Definitions. Mobile Food Vendor. Any business establishment offering food for sale from a stand, pushcart, truck, or similar vehicle that is transported from site to site which is operated by a Food Service Establishment and Mobile Food Service Establishment licensee as both are defined in SDCL Ch. 34-18. §119.04 (10) SALES, RESTRICTIONS. Utilize the permit in any area authorized by the City Council for a parade or special event 2 hours before or during the event unless approved by the special event applicant for space. §119.05 FEES. (A)The fee for each mobile food vendor permit shall be as outlined in the resolution adopted by the City Council. The application fee will be waived for non-profit organizations with the approval of City Administration. Dated at Vermillion, South Dakota this 19th day of December 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Ward. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Murra -Y, Mayor Cole-Y Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. D. Second Reading of Ordinance 1476 - 2022 Supplemental Appropriations Katie Redden, Finance Officer, reported that the Supplemental Appropriations Ordinance is needed to adjust the budget for items that have changed since the revised budget was adopted in September 2022. Katie stated that the agenda memo included an explanation of the 15 individual line-item changes noting that the general fund is projecting to decrease the general fund reserve by $535,264 for 2022. Discussion followed. 413-22 Second reading of title to Ordinance No 1476, entitled 2022 Supplemental Appropriations for the City of Vermillion, South Dakota. Mayor Cole read the title to the above named Ordinance, and Council Member Ward moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1476 entitled 2022 Supplemental Appropriations 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 5th day of December, 2022 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of December, 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 NO. 1476 2022 SUPPLEMENTAL APPROPRIATIONS ORDINANCE AN ORDINANCE ADOPTING a 2022 Supplemental Appropriations Ordinance for the City of Vermillion, South Dakota. BE IT ORDAINED, BY THE GOVERNING BODY of the City of Vermillion, that the following sums are appropriated to meet the obligations of the municipality. Amount of 2022 Proposed Supplemental Budget Budget Budget General Fund: Revenues: Tax on Mobile Homes 500 1,000 500 Zoning Fees & Variance 2,000 3,000 1,000 Plumbing Licenses 1,500 1,620 120 Dog Licenses 900 1,000 100 Medical Cannabis Licenses -0- 60,085 60,085 Street Repairs and Services 6,000 7,500 1,500 Airport Fuel 65,000 80,000 15,000 Tagging Fees 7,000 7,200 200 Animal Control & Shelter Fees 1,200 2,000 800 Swimming Pool Fees 100,000 101,460 1,460 16  Swimming Pool Concessions 38,000 39,206 1,206 Recreation Program Fees 30,000 35,000 5,000 Interest Earned on Investment 10,600 12,500 1,900 Contributions Private Sources 15,500 50,800 35,300 Transfer in Second Penny -0- 1,154,197 1,154,197 Appropriation from Reserve 446,368 535,264 88,896 Expenditures: General Government 625,214 674,714 49,500 Finance 197,235 197,885 650 City Hall Maintenance 91,752 95,922 4,170 Municipal Service Center 29,600 30,300 700 Engineering 375,086 376,236 1,150 Police Administration 647,815 662,740 14,925 Police Patrol 1,541,213 1,554,713 13,500 Street 817,798 821,398 3,600 Airport 124,361 134,511 10,150 Code 248,848 250,898 2,050 Fire 424,857 439,157 14,300 Ambulance 610,114 616,114 6,000 Recreation 241,491 243,991 2,500 Swimming Pool 285,288 346,655 61,367 Parks & Forestry 434,659 445,414 10,755 Library 730,548 746,298 15,750 Conservation & Development 67,227 1,223,424 1,156,197 Second Penny Sales Tax Fund: Revenues: Federal Grants 470 64,470 64,000 Appropriation From Reserve -0- 1,223,857 1,223,857 Expenditures: Public Safety Expenses 178,172 239,470 61,298 Public Works Expenses 554,389 597,489 43,100 Conservation and Development -0- 50,000 50,000 Transfer to General Fund -0- 1,154,197 1,154,197 Reserve 20,738 -0- (20,738) Special Revenue Fund: Bed Booze and Board (BBB): Revenues: Appropriation from Reserve 63,400 65,500 2,100 Expenditures: Community Development 399,300 401,400 2,100 Special Revenue Fund: Library: Revenues: Other Revenue 4,000 7,700 3,700 Expenditures: Appropriation to Reserve -0- 3,700 3,700 17 Special Revenue Fund: Stormwater: Revenues: Appropriation from Reserve 175,552 182,702 7,150 Expenditures: Operating Expense 31,000 38,150 7,150 Special Revenue Fund: Parks Capital: Revenues: Interest on Investments -0- 10 10 Contributions & Donations 6,000 6,850 850 Expenditures: Appropriation to Reserve 3,500 4,360 860 Capital Project Fund: Bike Path Expenditures: Capital Expenditures 308,700 309,200 500 Reserve 2,418 1,918 (500) Internal Service: Unemployment Revenues: Interest 25 30 5 Reverse -0- 1,152 1,152 Expenditures: Operating Expense 25 1,182 1,157 Enterprise Fund: Golf Course Revenues: Sales 896,450 953,187 56,737 Appropriation from Reserve 59,390 39,780 (19,610) Expenditures: Operating Expenses 1,035,077 1,072,204 37,127 Enterprise Fund: Electric Revenues: Sale of Material 20,000 26,000 6,000 Car Charging Station 700 1,500 800 Interest on Investments 6,000 20,000 14,000 Expenditures: Billing Operating Expenses 162,895 165,647 2,752 Distribution Personnel Serv. 922,691 936,738 14,047 Power Plant Rebate Program 2,000 5,500 3,500 Reserve 1,025,702 1,026,203 501 Enterprise Fund: Water Revenues: Sales 1,744,500 1,746,550 2,050 18  Appropriation From Reserve 111,695 207,092 95,397 Expenditures: Billing Operating Expenses 142,533 143,205 672 Treatment Operating Expenses 570,216 730,805 160,589 Distribution Operating Exp. 632,623 568,809 (63,814) Enterprise Fund: Wastewater Revenues: Interest 3,000 11,000 8,000 Wastewater Revenue 2,019,938 2,024,738 4,800 Expenditures: Billing Operating Expenses 101,809 102,591 782 Collection Operating Exp. 390,182 301,882 (88,300) Treatment Operating Exp. 988,068 1,174,387 186,319 Reserve 290,668 204,667 (86,001) Enterprise Fund: Liquor Revenues: Sales 1,790,000 1,792,000 2,000 Expenditures: Operating Expense 1,499,665 1,507,801 8,136 Transfer 339,077 332,941 (6,136) Enterprise Fund: Joint Powers: Revenues: Joint Landfill Sales 956,180 964,900 8,720 Interest 5,000 11,000 6,000 State & Federal Grants -0- 60,000 60,000 Appropriation From Reserve -0- 595,545 595,545 Expenditures: Joint Landfill Expenses 2,060,462 2,725,627 665,165 Joint Recycling Expenses 2,526,062 2,533,162 7,100 Enterprise Fund: Curbside Recycling Revenues: Interest 200 500 300 Curbside Revenue 300 500 200 Expenditures: Operating Expenses 14,613 16,586 1,973 Reserve 2,534 1,061 (1,473) Dated at Vermillion, South Dakota this 19th day of December, 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor 19 ATTEST: BY__________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Price. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, Murra -Y, Mayor Cole-Y. Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. E. Resolution establishing fines related to possessing chickens without a permit. Note: this item was Tabled at the December 5, 2022 meeting to this agenda. 414-22 Council member Price removed the item resolution establishing fines related to possessing chickens without a permit from the table. Council Member Humphrey seconded the motion. Motion carried 8-0. Mayor Cole declared the item off the table. Kalin Bird, Building Official, reported that on June 6, 2022, the City Council approved Ordinance No. 1337 establishing Permit Conditions and Permitting Fees for backyard chickens to be incorporated. Regulations related to backyard chickens were added to Chapter 93: Animals and Fowl. Section 93.54 of the Vermillion City Code requires an applicant to obtain a permit, and 93.56 provides the allowance to establish fees to be determined regarding possession of chickens without a permit. Kalin noted that, as staff was reviewing the master fee schedule, staff realized that there was not a fine for possession of chickens without a permit. Kalin stated that on December 5th staff presented the proposal of $50 per day if found with backyard chickens without a permit issued by the City of Vermillion. City Council discussed what was an appropriate fee. Ultimately, the City Council tabled the discussion and asked staff to present three new ideas at the next noon meeting and would then make a final decision at the evening meeting. Kalin noted that from the noon meeting staff was directed to adjust the fees to Fifteen Dollars ($15) for the first week with an increase of Twenty- Five Dollars ($25) per week for each following week until a permit is approved. 415-22 After reading the same once, Council Member Holland moved adoption of the following: 20  RESOLUTION ESTABLISHING A FINE RELATED TO POSSESSING CHICKENS WITHOUT A PERMIT WHEREAS, Section 93.54 of the Vermillion City Code requires for applicant to obtain a permit, and 93.56 provides the allowance to establish fees to be processed regarding possession of chickens without a permit; and WHEREAS, Section 93.99 of the Vermillion City Code allows for the City to establish and enforce fines for penalties or offenses; and WHEREAS, all applicants must follow the requirements set in sections 93.54, 93.55, 93.56, and 93.99 in the Vermillion City Code; and 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 19th day of December 2022 that fee and fine rates be adopted as follows: Fine: Possession of Chicken(s) without a permit: Fifteen Dollars ($15) for the first week with an increase of Twenty-Five Dollars ($25) per week for each following week until a permit is approved. Dated at Vermillion, South Dakota, this 19th day of December 2022. 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 8. New Business A. Resolution authorizing an application for financial assistance for the Water Facility Sophie Johnson, SECOG, reported that they help the City of Vermillion with loan and grant applications. Sophie noted that the first step for this project was to be put on the State’s Water Plan which was approved 21 in November of 2022. Sophie stated that this loan application is through the Department of Agriculture and Natural Resources (DANR) and the City is seeking $7,000,000 for the Water Facility improvements. Discussion followed on the loan grant process. 416-22 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AUTHORIZED REPRESENTATIVES TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Vermillion (the “City”) has determined it is necessary to proceed with improvements to its water treatment plant and water distribution system (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project. NOW THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion as follows: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $7,000,000 to the Board for the Project. 2. The Mayor and City Manager are hereby authorized to execute the Application and submit it to the Board and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Mayor and City Manager are hereby designated as authorized representatives of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Dated at Vermillion, South Dakota, this 19th day of December, 2022. FOR THE GOVERNING BODY OF THE 22  CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Jonathan D. Cole, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. B. Resolution authorizing an application for financial assistance for the Wastewater Facility. Sophie Johnson, SECOG, reported that they help the City of Vermillion with loan and grant applications. Sophie noted the first step for this project was to be put on the State’s Water Plan which was approved in November of 2022. Sophie stated this loan application is through the Department of Agriculture and Natural Resources (DANR) and the City is seeking $23,100,000 for the Wastewater Facility improvements. 417-22 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE, AUTHORIZING THE EXECUTION AND SUBMITTAL OF THE APPLICATION, AND DESIGNATING AUTHORIZED REPRESENTATIVES TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Vermillion (the “City”) has determined it is necessary to proceed with improvements to its Wastewater Treatment Facility (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project. NOW THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota as follows: 23  1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $23,100,000 to the Board for the Project. 2. The Mayor and City Manager are hereby authorized to execute the Application and submit it to the Board, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Mayor and City Manager are hereby designated as authorized representatives of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Dated at Vermillion, South Dakota, this 19th day of December, 2022. 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. C. Resolution amending fees for mobile food vendors as provided for by Section 119.05 Austin Flowers, Deputy Finance Officer, reported on a Resolution amending fees for mobile food vendors as provided for by Section 119.05. Austin noted earlier on the agenda, the City Council had the second reading of Ordinance No. 1475 amending the definition of Mobile Food Vendors as well as changing some of the regulations in Chapter 119. The ordinance provides that the City Council, by resolution, will set mobile food vendor permit fees. Austin noted that, during discussion when the draft ordinance was presented, it was noted that a fee schedule with different periods including annual, 1-6 months, 1 month, and 1 day would be forthcoming with the second reading of the ordinance. Austin noted that, in developing the ordinance, staff was able to find the fees of a few other cities. Brookings and Sioux Falls both have a $75 annual fee. On the higher end, Rapid City has a $250 initial fee 24 with a $100 renewal fee. Also, it was found that Yankton has an annual fee of $15 and a $3 fee for a one-day permit. Austin noted that the resolution being proposed is to set the following fees for each period: $100 per calendar year, $65 for one to six consecutive calendar months, $20 for one calendar month, and $15 for one day. The new fee schedule will offer food companies the flexibility to decide how long they would like to operate in the City of Vermillion. It should be noted that all permits end on December 31st each year. Austin noted that individuals applying for an itinerant merchant, peddler, or solicitor permit also represent a temporary type of business in the community. These permits are issued by the day, week, or month on an annual basis. 418-22 After reading the same once, Council Member Jennewein moved adoption of the following: RESOLUTION TO AMEND FEES FOR MOBILE FOOD VENDORS WHEREAS, Title XI, Business Regulations; Chapter 119, Mobile Food Vendors; Section §119.05 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to establish and set by resolution the fees for mobile food vendors; and WHEREAS, the mobile food vendor may utilize public right-of-way to conduct business, and City staff time is utilized to process permits; and WHEREAS, the fee schedule is designed to provide different permitting cost options for mobile food vendors. NOW THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof said City at 7:00 p.m. on the 19th day of December 2022 that the mobile food vendor permit fee shall be as follows: $100 per calendar year, $65 for one to six consecutive calendar months, $20 for one calendar month, and $15 for one day. Dated at Vermillion, South Dakota this 19th day of December 2022 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By____________________________ Jonathan D. Cole, Mayor ATTEST: 25 By__________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Holland. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. D. Request to close W. Kidder Street from the corner of Court Street, west to the alleyway between Court and Market Street for the Law Enforcement Torch Run and Polar Plunge® for Special Olympics event on Saturday, February 25, 2023 from 8:00 a.m. to 4:00 p.m. John Prescott, City Manager, reported that Drew Gortmaker of the Law Enforcement Torch Run International has requested the closure of W. Kidder Street from the corner of Court Street, west to the alleyway between Court and Market Street for the Law Enforcement Torch Run and Polar Plunge® for Special Olympics event on Saturday, February 25, 2023 from 8:00 a.m. to 4:00 p.m. John noted that registration will begin at noon with the Polar Plunge event starting at 1:00 p.m. and concluding by 4:00 p.m. John stated that the completed street closure request application and diagram are attached and the Street, Police, Fire, and EMS Departments have been notified of the street closure request. John noted that they did not have any issues with the event as it is the same setup and closure as previous years. 419-22 Council Member Holland moved approval of the request to close W. Kidder Street from west line of the intersection with Court Street west to the east line of the intersection of the north-south alley between Court Street and Market Street from 8:00 a.m. to 4:00 p.m. on Saturday, February 25, 2023 for the Law Enforcement Torch Run and Special Olympics Polar Plunge event. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Garbage hauler license renewals Katie Redden, Finance Officer, reported that the following have made application, including the proof of insurance, for commercial collector’s licenses for 2023: Loren Fischer Disposal - Loren Fischer, Owner; Fischer Disposal, LLC - Lonnie Fischer, Operator; Art’s Garbage Service - Division of Waste Connections; Vermillion Garbage Service – VSG, Inc., and Waste Management of Sioux City Iowa. Katie noted that, as part of the renewal, applicants were requested to include any violations of City ordinance and the Police Chief did a local record check on each applicant with her results included in the memo. Discussion followed. 26 420-22 Council Member Murra moved approval of the commercial collector’s licenses for 2023 for the businesses listed. Council Member Ward seconded the motion. Discussion followed on the commercial collection license process. Motion carried 8 to 0. Mayor Cole declared the motion adopted. F. Public Safety Center Board member appointments John Prescott, City Manager, reported on the Public Safety Center Board member appointments. When the Public Safety Center was built, there was a Construction and Use Agreement entered into between the City of Vermillion and Clay County on January 21, 1988. The agreement provided for a Public Safety Center Board that would resolve any issues and/or conflicts between the City and County in the use of the facility. John noted that the current members of the board and the expiration of their current terms are Robert Fuller (2022), Bruce Plate (2023), and Dave Thiesse (2024). Sheriff Howe and Police Chief Brady are recommending the reappointment of Bob Fuller for a term ending December 31, 2025. John stated that Dave Thiesse will be leaving the Public Safety Center Board as he will begin service as a County Commissioner next month. Sheriff Howe and Police Chief Brady have recommended appointing Steve Waller to complete the balance of the term held by Mr. Thiesse which expires on December 31, 2024. 421-22 Council Member Price moved approval of appointing Robert Fuller for the term expiring December 31, 2025 and Steve Waller for the term to expire December 31, 2024. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. G. Resolution Authorizing the Purchase of Two Cardiac Monitors Matt Callahan, Fire Chief, reported on a resolution authorizing the purchase of two cardiac monitors. Matt noted that, in 2010, the City of Vermillion was granted a cardiac monitor from the State of South Dakota through the Helmsley Grant funding project. In 2012, two (2) additional cardiac monitors were purchased for the other two ambulances so that all devices were compatible with each other. Matt stated that, in 2023, these devices are scheduled to be replaced due to exceeding the manufacturer’s recommended life span. The State of South Dakota once again will be purchasing each registered ambulance in the state one (1) Stryker LifePak 15 Cardiac Monitor. These units will replace the units that are currently on our ambulances. Matt noted 27 that, with our changing times, increased call volume, and increase in our ALS capabilities, the Department finds it necessary to increase the number of cardiac monitors that we have. These two (2) additional units will be utilized on our new Heavy Rescue unit that will be delivered near the end of April 2023 and as a training device to improve and enhance our excellent patient care abilities. This training unit will also be used as an in-house loaner when one of the other units has to be sent out for repair as part of our service agreements. 422-22 After reading the same once, Council Member Murra moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF TWO CARDIAC MONITORS WHEREAS, SDCL 5-18A-8 authorizes a governmental entity to purchase supplies or services without competition if the purchasing agency determines that a sole source provider is the only option available; and WHEREAS, the City of Vermillion approached the area’s distributor that sells the same brand as the cardiac monitors already found in the City’s ambulances, rescue equipment, and in locations around the community; and WHEREAS, purchasing two Striker LifePak 15 Cardiac monitors will interface with the current equipment being used by the City’s Fire and EMS Department, provide consistency with other cardiac monitors found in the community, will not require additional personnel training to use the new cardiac monitors, and will reduce the number of supplies needed. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase two Stryker LifePak 15 Cardiac Monitors from Stryker Medical, Redmond, WA for a total price of $66,678.30. Dated at Vermillion, South Dakota this 19th day of December 2022. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Jonathan D. Cole, Mayor ATTEST: By_________________________________ 28  Katie E. Redden, Finance Officer The motion was seconded by Council Member Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. H. Resolution Authorizing the Purchase of Rescue Equipment Matt Callahan, Fire Chief, reported on a resolution authorizing the purchase of rescue equipment. Matt noted that, with the new heavy rescue/engine being delivered around the end of April, the Department is beginning the process of acquiring replacement, new, and additional equipment for the truck. Matt noted that part of the equipment needed is additional rescue air struts and accessories. These devices are used for stabilization in vehicle accidents, building collapses, trench rescues, elevator rescues, and various types of rope rescues. The Department currently already has Paratech Rescue Air Struts in its cache of equipment. This purchase of $125,000 would be to add to those struts already being used. Matt noted that this equipment meets the requirement for sole source purchase due to the need for them to interface with current equipment, supplies and other communities along with the SD-TF1 Urban Search and Rescue Team. Purchasing other device brands would not make compatibility with current equipment, supplies, and other devices possible. Council Member Murra noted he saw the new truck today and it is something the City should be proud of. Murra noted that it is going to be a huge addition to helping those in our community. 423-22 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF RESCUE EQUIPMENT WHEREAS, SDCL 5-18A-8 authorizes a governmental entity to purchase supplies or services without competition if the purchasing agency determines that a sole source provider is the only option available; and 29 WHEREAS, the City of Vermillion approached the area’s distributor that sells the same brand as the rescue equipment already being used by the City’s Fire and EMS Department; and WHEREAS, purchasing Paratech Rescue Air Struts will interface with the current equipment being used by the City’s Fire and EMS Department, provide consistency with other neighboring Fire Departments using the same brand of rescue equipment, will reduce the amount of personnel training that may be required, and will reduce the number of supplies needed. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase Paratech Rescue Air Struts and accessories from M & T Fire Equipment, Volga, SD in the amount of $70,912.00. Dated at Vermillion, South Dakota this 19th day of December, 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 Holland. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. I. Corrective Municipal Quitclaim Deed for Erickson Addition John Prescott, City Manager, reported on a corrective Municipal quitclaim deed for Erickson Addition. John noted that, in 2011, the City-owned land in Erickson Park Addition was transferred to the Vermillion Chamber and Development Company (VCDC) for development purposes. The land can roughly be described as bordered by Highway 50 on the north, Princeton Street on the east, W. Duke Street if extended west of Princeton Street on the south, and Carr Street on the west. John noted the City Council entered into a Memorandum of Understanding 30 with the VCDC regarding the transfer of the land. To complete the transfer of property from the City to the VCDC, a Quitclaim deed was filed at the Register of Deeds office. The VCDC has sold different parcels in Erickson Addition over the years and is not the sole owner of Erickson Addition. John noted that a prospective buyer of one of the lots expressed a concern with language in the Quitclaim Deed used to transfer the property from the City to the VCDC. John stated that City staff visited with Clay County Abstract and Title, Clay County Register of Deeds office, and City Attorney on how to address this language in the current deed. It was suggested that the attached Corrective Municipal Quitclaim Deed be prepared, presented to the City Council for consideration, and if approved, filed with the Register of Deeds office. 424-22 Council Member Ward moved approval of the Corrective Municipal Quitclaim Deed for Erickson Addition. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings A. Water Treatment Chemicals Jose Dominguez, City Engineer, reported on a bid for Water Treatment chemicals. Jose stated that the City uses lime and soda ash at the City’s Water and Wastewater Treatment Plants. The lime and soda ash are used at the Water Treatment Plant to soften the water distributed. Soda ash is used at the Wastewater Treatment Plant to raise the pH of the water before it is released into the Vermillion River. Jose noted that the City requested bids for these two chemicals from nine bidders. Four bids for lime and one bid for soda ash was received. The bids were opened on December 14th. One of the lime bids was not read due to the lack of a bid bond. Graymont LLC submitted the low bid Of $232.50 per ton for the lime. Dubois Chemicals Inc. was the only bid received for the soda ash for $598.00 per ton. Jose stated that it should be noted that the bid from Dubois for the soda ash is only firm for the 1st quarter of 2023. Due to this, Staff will be asking the Council to reject DuBois’ low bid as the price is not good for the entire year. Staff proposes to follow SDCL 5-18A-22(5) which exempts chemical purchases from State bid laws. Using this statute allows Staff to request quotes from chemical suppliers every quarter. 31 Jose stated that the Water and Wastewater Departments have funds for the chemical purchases. However, both budgets will have to be revised in 2023 to cover the increase cost of the soda ash. Jose noted that Administration recommends awarding the lime bid to Graymont LLC, at $232.50 per ton for a total of $116,250 plus fuel surcharges. Additionally, Staff recommends rejecting the soda ash bid from Dubois Chemicals Inc. as it does not meet the bid requirements. Jose stated that staff will enter into a separate contract with Dubois as allowed in SDCL 5-18A-22(5) for the 1st quarter of 2023 for $598.00 per ton for a total of $358,800. Staff would acquire a quote every quarter from all known suppliers for future soda ash awards. 425-22 Council Member Humphrey moved to accept the bid from Graymount LLC for the lime and reject the bid from DeBois’ for the soda ash. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 10. City Manager's Report A. John noted that City office’s will be closed on Monday, December 26th and Monday, January 2nd. The next regular City Council meetings are on Tuesday, January 3, 2023. B. John stated that the Christmas tree collection site is open and accepts real trees. The site is located on the south side of Broadway Street just west of Dakota Street. Please remove any plastic that you might wrap the tree in for transporting it as well as lights and decorations. Trees are accepted through Friday, January 13, 2023. C. John noted that the Library is seeking responses to a library services survey. Surveys are to be completed before December 31st. Surveys are available on the Library’s website or there are paper copies at the Library. D. John reminded residents that sidewalks are to be cleared 24 hours after the end of a snow event. Snow should be stored on your property – not across the street on neighbor’s yard without permission or piled up in the street in front of neighbor’s property. If moved across the street, windrows of snow should not be left in the street. PAYROLL ADDITIONS AND CHANGES Police: Norma Probst $23.06/hr; Street: Scott Iverson $25.15/hr, Cory Moore $24.06/hr; Library: Jeff Engeman $19.90/hr; Water: Brian Hamilton $21.28/hr, Curt Haakinson $34.54/hr, Aaron Hammer $21.28/hr, Dale Husby 32 $25.65/hr, Eric McPherson $31.52/hr, Andrew Wickre $23.58/hr, Zach Hammond $23.07/hr; Wastewater: Michael Watterson $20.49/hr, Mike Heine $33.15/hr, Nick Anglin $22.18/hr, Jay Elledge $19.23/hr; Recycling: Todd Moe $23.55/hr 11. Invoices Payable 426-22 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 196.54 A&M SERVICES, INC UNIFORM CLEANING 125.00 ACCENT WIRE - TIE BALER BAGS 76,464.00 AMAZON BUSINESS SUPPLES 710.44 AUTO VALUE PARTS 1,022.47 BAUER BUILT TIRE & SERVICE TIRES 2,385.08 BILL BROWN SNOW REMOVAL 202.50 BLACKSTONE PUBLISHING BOOKS 254.05 BLUEPEAK TELEPHONE/INTERNET 4,854.56 BORDER STATES ELEC SUPPLY SUPPLIES 603.18 BRIAN WAAGE SAFETY BOOTS REIMBURSEMENT 163.96 BROADCASTER PRESS ADVERTISING 1,125.16 BUHLS CLEANERS MAT/MOP SERVICE 542.94 BUREAU OF ADMINISTRATION TELEPHONE 300.30 BUTCH'S PROPANE INC PROPANE 3,147.71 BUTLER MACHINERY CO. PARTS 416.56 CANNON TECHNOLOGIES, INC SUPPORT 8,854.00 CENGAGE LEARNING INC/GALE BOOKS 133.57 CENTRALSQUARE TECHNOLOGIES SUBSCRIPTION 661.50 CLAY RURAL WATER SYSTEM WATER USAGE 61.20 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,921.62 CMOORE PIT SERVICE PORTA-POT RENTAL 150.00 CONVERGINT TECHNOLOGIES LLC REPAIRS 384.18 CORE & MAIN LP SUPPLIES 505.44 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 3,500.50 DAKOTA BEVERAGE MERCHANDISE 5,741.05 DAKOTA PC WAREHOUSE SUPPLIES 35.97 DAKOTA ROCK FARMS SLUDGE HAULING 29,694.00 DAKOTA SUPPLY GROUP WATER METERS 3,460.00 DEADPERFECT MERCHANDISE 193.86 DIAMOND MOWERS PARTS 86.12 DISPLAY SALES COMPANY POLE BANNERS 1,942.13 DIVISION OF MOTOR VEHICLE LICENSE PLATES 10.00 DUBOIS CHEMICALS SODA ASH 22,357.50 33 ECHO ELECTRIC SUPPLY PARTS 894.49 EQUIPMENT BLADES INC SNOWPLOW BLADES/CURB BUMPER 4,256.80 FINDAWAY WORLD LLC BOOK 49.99 FRIEBERG, NELSON & ASK, LLC PROFESSIONAL SERVICES 157.50 GREENTREE PSYCHOLOGICAL SERVICE PROFESSIONAL SERVICES 400.00 GREGG PETERS MANAGERS FEE 6,000.00 HACH CO SUPPLIES 63.16 HELMS & ASSOCIATES PROFESSIONAL SERVICES 2,863.29 INGRAM BOOKS 2,467.14 INSURANCE BENEFITS INC. AIRPORT LIABILITY 4,800.60 INTERSTATE POWER SYSTEMS REPAIRS 7,630.88 ISTATE TRUCK CENTER PARTS 104.38 JACKS UNIFORM & EQPT UNIFORM 2,210.15 JAY'S PLUMBING REPAIRS 400.82 JERRY'S CHEVROLET BUICK GM HOLDER 99.50 JOHN A CONKLING DIST. MERCHANDISE 2,022.40 JOHNSEN HEATING & COOLING REPAIRS 2,728.83 JOHNSON BROTHERS OF SD MERCHANDISE 22,125.51 JONES FOOD CENTER SUPPLIES 268.02 LAWSON PRODUCTS INC SUPPLIES 159.53 LINDA RASMUSSEN REFUND AMB OVERPAYMENT 171.76 LOFFLER COPIER CONTRACT/COPIES 285.27 LONGS PROPANE INC PROPANE 30.00 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,280.00 MALLOY ELECTRIC RELAY 94.76 MATHESON TRI-GAS, INC CYLINDER RENTAL 97.45 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 421.00 MATTHEW BENDER & CO, INC BOOKS 152.43 MATTHEW CALLAHAN REIMBURSEMENT 43.20 MENARDS SUPPLIES 381.00 MICRO MARKETING LLC BOOKS 374.92 MIDAMERICAN GAS USAGE 7,392.03 MIDWEST ALARM CO ALARM MONITORING 119.85 MIDWEST RADIATOR & EXHAUST PART 5.98 MISTER SMITH'S SUPPLIES 122.78 MIZUNO USA, INC MERCHANDISE 193.19 NCL OF WISCONSIN, INC CHEMICALS 712.80 NEBRASKA JOURNAL-LEADER ADVERTISING 33.95 NETSYS+ PROFESSIONAL SERVICES 926.00 NEWMAN SIGNS, INC SUPPLIES 3,170.87 NO BULL LANDSCAPING & SNOW SNOW REMOVAL 810.00 O'REILLY AUTO PARTS PARTS 634.72 34 OVERDRIVE INC SUBSCRIPTIONS 4,500.00 OVERHEAD DOOR OF SIOUX CITY REPAIRS 597.50 PING/KARSTEN MFG CORP MERCHANDISE 35.17 POWERPHONE, INC REGISTRATION-ONLINE TRAINING 329.00 QUADIENT FINANCE USA, INC SUPPLIES 76.22 QUADIENT LEASING USA, INC COPIER LEASE PAYMENT 178.90 REPUBLIC NATIONAL DIST MERCHANDISE 13,860.74 REQUIP, LLC REPAIRS 1,827.50 RILEY ARCHER REFUND PARKING TICKET OVERPMT 5.00 RIVERSIDE TECHNOLOGIES, INC COMPUTERS 4,480.00 RUNNING SUPPLY, LLC SUPPLIES/PARTS 751.62 RYAN HOUGH FITNESS CENTER REIMBURSEMENT 300.00 SANFORD HEALTH OCCUPATIONAL TESTING 1,126.00 SD DENR LANDFILL OPERATIONS FEE 3,432.13 SD PUBLIC ASSURANCE ALLIANCE AUTO DAMAGE COVERAGE 918.74 SOOLAND BOBCAT PARTS 214.55 SOUTHERN GLAZER'S OF SD MERCHANDISE 7,360.13 STERN OIL CO. FUEL 18,832.82 SYMBOL ARTS BADGES 276.90 35 THE LUMBERYARD LLC SUPPLIES 189.70 THE WALKING BILLBOARD SWEATSHIRTS 892.36 TRACTOR SUPPLY CREDIT PLAN SPADES/BOLTCUTTER 152.45 TRUCK-TRAILER SALES PARTS 92.26 TRUE BRANDS MERCHANDISE 885.50 TWIN CITY HARDWARE SUPPLIES 532.62 UNITED PARCEL SERVICE SHIPPING 315.36 US BANK ADM FEES 770.00 US GOLF ASSOCIATION MEMBERSHIP DUES 150.00 USD MARKETING & U RELATION MERCHANDISE 200.18 USPS-POC POSTAGE FOR METER 700.00 VERMEER HIGH PLAINS REPAIRS 2,625.62 VERMILLION ACE HARDWARE SUPPLIES 599.38 VERMILLION AREA ARTS COUNCIL FUNDING 2,000.00 VERMILLION CHAMBER OF COMMERCE VERMILLION BUCKS 250.00 VERMILLION FOOD PANTRY CONTRIBUTION 5,500.00 VERMILLION FORD REPAIRS 1,390.81 WESTERN IOWA TECH CLASS B TEST 300.00 WORLD BOOK, INC ENCYCLOPEDIA SET 1,199.00 YANKTON JANITORIAL SUPPLY GLOVES 599.00 ZEP SALES & SERVICE SUPPLIES 179.57 Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 427-22 Council Member Murra moved to adjourn the Council Meeting at 8:53 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 19th day of December, 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 ___________. 36 37