City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session January 17, 2023 Tuesday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, January 17, 2023 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Jennewein, Letellier, Murra (arrived 12:02 p.m.), Ward, Mayor Cole Absent: Price, Humphrey 2. Adoption of Agenda 13-23 Council Member Holland moved approval of the agenda. Council Member Ward seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None Council Member Murra arrived at 12:02 p.m. 4. Vermillion Public School District sales tax rebate request- Superintendent Damon Alvey Damon Alvey, Vermillion School District Superintendent, requested a sales tax rebate agreement with the City. Alvey reviewed the plans for the new elementary School and informed the Council on the project’s progress. Alvey stated that the project is an estimated $36 million and from that the City would receive an estimated $250,000 in sales tax receipts. Alvey requested $200,000 in sales tax rebate. Jim Goblirsch, Parks and Rec Director, asked Alvey if the park was going to be accessible to the public due to part of the parks being taken away. Alvey noted that the money received from the rebate will go to purchasing parks equipment and it is planned to be open to the public when school is not in session. Discussion followed on the sales tax rebate request. 1 5. Fire/EMS second penny transfer – Chief Matt Callahan Matt Callahan, Fire Chief, presented a proposal to transfer money from Ambulance to a Fire line item in the second penny fund. Callahan noted that due to the state funding two Cardiac Monitors there will be $70,000 left over in that budget. Callahan noted that, with the purchase of the new fire truck and increased prices, the Fire budget has already been expended with more equipment needed to be purchased. Callahan requested to move the $70,000 from EMS to the Fire budget. Discussion followed on the transfer of funds. 6. Fire/EMS Staffing – Chief Matt Callahan\ Matt Callahan, Fire Chief, reviewed the current staff set up in the EMS Department. Callahan informed the Council on the difficulties of staffing due to the increased call loads. Callahan proposed hiring an additional full time Firefighter Paramedic due to increased calls and difficulties of filling shifts. Discussion followed on hiring a fulltime position. Callahan noted that the new ambulance is in the Fire Bay at City Hall if any council is wanting to look at it. Concluding the meeting Council members looked at the new ambulance. 7. Briefing on the January 17, 2023 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 8. Adjourn 14-23 Council Member Murra moved to adjourn the Council special session at 12:58 p.m. Council Member Ward seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 17th day of January, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer 2 Unapproved Minutes City Council Regular Session January 17, 2023 Tuesday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Tuesday January 17, 2023 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Ward, Mayor Cole Absent: Murra 2. Pledge of Allegiance 3. Minutes A. Minutes of January 3rd, 2023, Special Session and January 3rd, 2023 Regular Session 15-23 Council Member Holland moved approval of the January 3rd, 2023, Special Session and January 3rd, 2023 regular session minutes. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 16-23 Council Member Price moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 6. Public Hearings 7. Old Business A. Second reading of Ordinance 1478 amending City of Vermillion Code of Ordinances Title IX, General Regulations; Chapter 90, Health and Safety; 3 Nuisances; Section 90.01 to Amend the Hours of Noises Prohibited to Provide Consistent Hours John Prescott, City Manager, reported on the second reading of Ordinance No. 1478 amending City of Vermillion Code of Ordinances Title IX, General Regulations; Chapter 90, Health and Safety; Nuisances; Section 90.01 to Amend the Hours of Noises Prohibited to Provide Consistent Hours. John noted that the City currently has maximum permissible sound levels in effect from 11:00 p.m. until 7:00 a.m. with another set of maximum permissible sound levels from 7:00 a.m. until 11:00 p.m. John noted that staff identified that there was an inconsistency in the hours used in section 90.01(2)(b) of City Code. John noted that the language states that the maximum permissible sound levels are during the hours of 11:00 p.m. to 7:00 a.m. However, the corresponding chart does not use the same hours to distinguish between the maximum permissible sound levels. John stated that staff has proposed amending Chapter 90, making the hours of maximum permissible sound levels consistent in City Code. Currently the chart and the language both display different hours. By having different hours, it can be confusing as to what the maximum permissible sound level is between 6:00 a.m. and 7:00 a.m. In order to change this, the City must amend the Code of Ordinances. John noted that the ordinance would make the chart consistent with the language in the code. With the ordinance, the chart would display two sections, one with noise levels for the hours of 11:00 p.m. to 7:00 a.m. and another section for 7:00 a.m. to 11:00 p.m. The chart will be consistent with the language allowing for those to properly plan any event that emits noise. The first reading of the ordinance was approved at the January 3rd meeting. There have been no changes to the ordinance since the first reading. 17-23 Second reading of title to Ordinance No. 1478, entitled amending City of Vermillion Code of Ordinances Title IX, General Regulations; Chapter 90, Health and Safety; Nuisances; Section 90.01 to Amend the Hours of Noises Prohibited to Provide Consistent Hours for the City of Vermillion, South Dakota. Mayor Cole read the title to the above named Ordinance, and Council Member Price moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1478 entitled An Ordinance amending City of Vermillion Code of Ordinances Title IX, General Regulations; Chapter 90, Health and Safety; Nuisances; Section 90.01 to Amend the Hours of Noises Prohibited to Provide Consistent Hours for the City of Vermillion, 4 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 3rd day of January, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of January, 2023 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 1478 AN ORDINANCE AMENDING TITLE IX, GENERAL REGULATIONS; CHAPTER 90, HEALTH AND SAFETY; NUISANCES; SECTION 90.01 OF THE REVISED ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, TO AMEND THE HOURS OF NOISES PROHIBITED TO PROVIDE CONSISTENT HOURS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that Chapter 90, Section 90.01 be amended as follows: § 90.01 NOISES PROHIBITED. (2) Stereos, radios, television sets, musical instruments, and similar devices. (a) Using, operating, or permitting the use or operation of any stereo, radio, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound, except as provided for in division (B)(1) above, in such a manner as to violate this section or cause a noise disturbance. (b) The operating of any such device between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at 50 feet from the device when operated within a vehicle parked on a public right-of-way or when operated from within a private residence. (3) Maximum permissible sound levels. It shall be unlawful for any person to operate or permit the operation of any stationary source of sound in such a manner as to create a sound pressure level during any 10-minute measurement period which exceeds the limits set forth for the following receiving land use districts when measured at the boundary or at any point within the property affected by the noise. Sound level measurements shall be made at a distance of 50 feet from source with a sound level meter of type 2 or better, using the “A” weighting scale, in 5 accordance with standards promulgated by the American National Standards Institute. Use District 11:00 p.m. to 7:00 a.m. 7:00 a.m. to 11:00 p.m. Residential 50 dB(A) 55dB(A) Commercial 55 dB(A) 60dB(A) Industrial and Agricultural 75 dB(A) 80dB(A) 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 Hellwege. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Price-Y, Letellier-Y, Ward-Y, 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. 8. New Business A. Vermillion Housing Authority appointment Mayor Cole recommended Joe Reiser to the Vermillion Housing Authority. 18-23 Council Member Hellwege moved approval of appointing Joe Reiser to the Vermillion Housing Authority. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Agreement with Vermillion Chamber and Development Company and CenterPointe Real Estate Group as it pertains to the Declaration of Restrictions and Covenants for Lot 4C in Block 6 of Erickson Addition (lot immediate north of O’Reilly Auto Parts on Princeton Avenue) John Prescott, City Manager, reported that CenterPointe Real Estate Group (Developer) is in process to purchase Lot 4C in Block 6 of Erickson Addition to develop a Les Schwab Tire Center. John noted that the City 6 Planning and Zoning Commission approved a Conditional Use Permit on January 9, 2023 to construct and operate a motor vehicle service station which is the type of use in the zoning district. The lot for the store is located on the west side of Princeton Street between O’Reilly’s Auto Parts and McHenry Street. John noted that the City previously owned this property before transferring it to the VCDC in 2011. In 2008, while the City owned this lot and surrounding properties on the west side of Princeton Street, a Declaration of Restrictions and Covenants (Covenants) were developed and filed. The Covenants were later amended in 2013. John stated that the Developer has expressed concern about a couple of sections of the Covenants. The Developer has requested a waiver of the repurchase right for this lot as referenced in the covenants. The VCDC would have a Right of First Refusal to purchase the property if the Developer is not issued a building permit. The Developer would also like to follow City Code as it pertains to the issuance of a building permit and completion time vs. the timelines as detailed in the Covenants. John noted that the Developer has prepared the attached Repurchase Waiver and Right of First Refusal Agreement for the City, VCDC, and Developer to sign. The document has been prepared to address only Lot 4C in Block 6 of Erickson Addition and none of the other lots that are included within the Covenants. The City Attorney has reviewed the attached document. A copy of the original 2008 Covenants and the 2011 amendment are also attached. 19-23 Council Member Ward moved approval of the Agreement with Vermillion Chamber and Development Company and CenterPointe Real Estate Group as it pertains to the Declaration of Restrictions and Covenants for Lot 4C in Block 6 of Erickson Addition (lot immediate north of O’Reilly Auto Parts on Princeton Avenue). Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings - none 10. City Manager's Report A. John reported that the Library Board meets this Friday, January 20th at noon in the Library’s Kozak Room. B. John reported that the Human Relations Commission meets on Thursday, February 2nd at 5:30 p.m. in the John “Jack” Powell Conference Room. C. John reminded the public to remove snow within 24hours of the snowfall event and to store the snow on your own property. 7  PAYROLL ADDITIONS AND CHANGES Police Admin: Reece Peters $15.00/hr, Alex Taggart $27.31/hr; Police: Dylan Hillestad $25.68/hr; Ambulance: Amanda Nisly $15.00/hr-$15.00/hr training-$22.50/hr holiday, Josh Kleinhesselink $14.00/hr-$14.00/hr training-$21.00/hr holiday, Ben Tegethoff $15.70/hr; Library: Kaylee O’Daniel $11.76/hr; Communications: Taylor Trudeau $19.47/hr 11. Invoices Payable 20-23 Council Member Price moved approval of the following invoices: 2022 INVOICES PAYABLE-JANUARY 17, 2023 A&M SERVICES, INC UNIFORM CLEANING 121.80 AMAZON BUSINESS SUPPLIES 1,716.69 AT&T MOBILITY MOBILE HOT SPOTS 519.48 AUTO VALUE PARTS 368.78 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 47,338.10 BIERSCHBACH EQPT & SUPPLY CONCRETE SPRAYER 141.00 BLACKSTONE PUBLISHING BOOKS 213.31 BLUEPEAK E911 CIRCUIT 1,365.50 BOUND TREE MEDICAL, LLC SUPPLIES 165.18 BROADCASTER PRESS ADVERTISING 3,579.70 BUHLS CLEANERS MAT/MOP SERVICE 474.76 BUREAU OF ADMINISTRATION TELEPHONE 177.59 BUTCH'S PROPANE INC PROPANE 3,996.66 BUTLER MACHINERY CO. PARTS 5,765.23 CAPITAL ONE SUPPLIES 178.55 CASK & CORK MERCHANDISE 852.00 CENTRAL STATES WIRE PRODUCTS GALV COILS 3,561.50 CINTAS SUPPLIES 414.39 CITY OF VERMILLION LANDFILL VOUCHERS/POSTAGE 343.81 CLAY RURAL WATER SYSTEM WATER USAGE 55.90 CLAY-UNION ELECTRIC CORP ELECTRICITY 2,146.23 COLONIAL LIFE INSURANCE 1,479.09 CORE & MAIN LP SUPPLIES 184.70 DAKOTA BEVERAGE MERCHANDISE 907.40 DAKOTA SUPPLY GROUP WATER METERS 24,220.00 DANIEL MILROY SAFETY BOOTS REIMBURSEMENT 117.14 DUBOIS CHEMICALS CHEMICALS 16,384.50 ENERGY LABORATORIES TESTING 1,499.00 ENGRAVER'S EDGE NAME TAGS 47.30 8 GREGG PETERS MANAGERS PROFITS 45,148.23 H&R SALVAGE TIRE DISPOSAL 28,980.00 HEALTH CARE LOGISTICS SUPPLIES 302.91 HEIMAN FIRE EQUIPMENT INSPECTION 152.00 HELMS & ASSOCIATES PROFESSIONAL SERVICES 20,043.03 INGRAM BOOKS 606.45 JOHNSON BROTHERS OF SD MERCHANDISE 12,451.31 JONES FOOD CENTER SUPPLIES 120.82 K & M TIRE TIRE 160.60 LOFFLER COPIER CONTRACTS 355.53 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,200.00 LOU'S GLOVES GLOVES 286.00 MAGUIRE IRON, INC PROFESSIONAL SERVICES 2,639.25 MATHESON TRI-GAS, INC MEDICAL OXYGEN 654.26 MATTER LAW OFFICE, PROF LLC PROFESSIONAL SERVICES 60.00 MCLEODS PRINTING TRAFFIC TICKETS 2,300.45 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 403.65 MICHELLE KAVANAUGH REIMBURSEMENT 28.22 MIDAMERICAN GAS USAGE 17,278.43 MIDWEST WHEEL COMPANIES PART 33.14 MINN MUNICIPAL UTILITY ASSOC MEMBER DUES 495.00 NBS CALIBRATIONS SCALE MAINTENANCE 398.00 NCL OF WISCONSIN, INC CHEMICALS 224.50 NETSYS+ PROFESSIONAL SERVICES 507.50 O'REILLY AUTO PARTS PARTS 268.93 OVERDRIVE INC EBOOKS 1,250.00 OVERHEAD DOOR OF SIOUX CITY INSTALLATION 9,984.00 PEDERSEN MACHINE INC PART 380.83 PIZZA RANCH PIZZAS/BUFFETS 576.49 POLLMAN EXCAVATION CRUSHED GRAVEL 13,783.98 PRESTO-X-COMPANY INSPECTION/TREATMENT 77.97 PUMP N PAK ICE/CALENDARS 273.20 QUADIENT FINANCE USA, INC POSTAGE/SUPPLIES 258.95 QUILL SUPPLIES 41.31 REDI TOWING TOWING 525.00 RUNNING SUPPLY, LLC SUPPLIES 384.43 SANFORD HEALTH OCCUPATIONAL PRE-EMPLOYMENT TESTING 530.00 SANFORD USD MEDICAL CENTER SUPPLIES 487.55 SD DENR LANDFILL OPERATIONS FEE 3,963.63 SIOUX EQUIPMENT PART 206.13 SIOUXLAND HUMANE SOCIETY FEES 27.00 SOOLAND BOBCAT FILTERS 563.62 SOUTHERN GLAZER'S OF SD MERCHANDISE 189.00 9 STAPLES BUSINESS CREDIT SUPPLIES 711.04 STERN OIL CO. FUEL 22,453.32 SYNCB/AMAZON BOOK 18.80 THREAD & INK WORK CLOTHES 866.48 TIGERT ART GALLERY FRAMING 130.00 TRI-STATE GARAGE DOOR, INC REPAIRS 452.20 TWO WAY SOLUTIONS CONSOLE/LIGHTS 2,883.00 UNITED WAY CONTRIBUTIONS 262.30 UNUM LIFE INSURANCE COMPANY INSURANCE 23.31 VERMILLION ACE HARDWARE SUPPLIES 252.20 VERMILLION AREA COMMUNITY FOUNDATION ROUND UP PROGRAM 231.43 VERMILLION FIRE DEPT DONATION 50.00 VERMILLION ROTARY CLUB DUES/MEALS 166.25 WESCO DISTRIBUTION, INC STREET LIGHT FIXTURES 5,650.64 ZIEGLER INC PARTS 847.14 2023 INVOICES PAYABLE-JANUARY 17,2023 A & B BUSINESS, INC COPIER CONTRACT 196.54 A&M SERVICES, INC UNIFORM CLEANING 81.20 AMAZON BUSINESS VACUUM CLEANER 198.27 AUTO VALUE PARTS 208.97 BLUEPEAK TELEPHONE/INTERNET 3,741.94 BOMGAARS SUPPLIES 209.97 BOOKPAGE SUBSCRIPTION 402.00 BORDER STATES ELEC SUPPLY WORK CLOTHES 625.20 BOUND TREE MEDICAL, LLC SUPPLIES 419.88 BUHLS CLEANERS MAT SVC 105.00 BUTTERFLY NETWORK, INC ULTRASOUND SYSTEM 4,299.00 CENTURYLINK TELEPHONE 129.54 DAKOTA BEVERAGE MERCHANDISE 5,264.27 DEPT. ENVIRONMENT NATL RES NPDES MUNICIPAL 11,500.00 DLT SOLUTIONS INC SUBSCRIPTION 1,646.40 ERICKSON SOLUTIONS GROUP SUPPORT/MAINTENANCE 2,016.00 FRONTIER PRECISION, INC SOFTWARE MAINTENANCE 1,246.00 GREENTREE PSYCHOLOGICAL SERVICES PROFESSIONAL SERVICES 200.00 GREGG PETERS MANANGERS FEE 6,000.00 INTELLI TRACK USER LICENSE 2,088.45 JACKS UNIFORM & EQPT UNIFORM PANTS 123.90 JOHN A CONKLING DIST. MERCHANDISE 2,228.95 JOHN PITTMAN SAFETY BOOTS REIMBURSEMENT 181.85 JOHNSON BROTHERS OF SD MERCHANDISE 5,068.16 JONES FOOD CENTER SUPPLIES 83.59 10 LOFFLER COPIER CONTRACT 292.23 MART AUTO BODY & MARINE LLC TOWING 75.00 MATHESON TRI-GAS, INC CYLINDER RENTAL 109.60 MID-STATES ORG. CRIME MEMBERSHIP 150.00 MIDCONTINENT COMMUNICATION CABLE/INTERNET/SETTLEMENT 10,326.78 MIDWEST ALARM CO ALARM MONITORING 176.59 MIDWEST WHEEL COMPANIES PARTS 146.49 NETSYS+ MICROSOFT BUSINESS BASIC 10.00 NEWMAN SIGNS, INC SUPPLIES 196.54 PHIL WIEBELHAUS SAFETY BOOTS REIMBURSEMENT 122.46 REFUND DUPLICATE RENTAL PLATINUM PROPERTIES REG FEE 90.00 POSM SOFTWARE SUPPORT 2,000.00 REDI TOWING TOWING 375.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 8,616.10 RIVERSIDE HYDRAULICS & LAB REPAIRS 205.45 RIVERSIDE TECHNOLOGIES, INC COMPUTERS 4,180.00 SANFORD HEALTH OCCUPATIONAL AUDIOGRAM 30.00 SCHUYLER HELLERICH REIMBURSEMENT 42.55 SD AMBULANCE ASSOCIATION REGISTRATION 150.00 SD CITY MGMT ASSOCIATION MEMBERSHIP DUES 300.00 SD MUNICIPAL LEAGUE DUES 6,087.95 SECOG DUES 12,810.00 SOUTHERN GLAZER'S OF SD MERCHANDISE 3,584.01 STEWART OIL-TIRE CO REPAIRS 200.00 STRYKER SALES CORPORATION AMBULANCE EQUIPMENT 15,644.92 THE GROWLER STATION, INC MAINTENANCE 1,499.94 THE UPS STORE #6751 SHIPPING 19.92 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 193.90 USPS-POC POSTAGE FOR METER 700.00 VERMEER HIGH PLAINS 125 GAL TANK 35.46 VERMILLION ACE HARDWARE SUPPLIES 145.14 YANKTON MOTORSPORTS LLC PART 716.57 Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda 13. Adjourn 21-23 11 Council Member Ward moved to adjourn the Council Meeting at 7:11 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 17th day of January, 2023. 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 ___________. 12