City Council Agendas, Packets and Minutes

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Monday, February 6, 2023 Powell Conference Room – City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Adoption of the Agenda 3. Visitors to be Heard 4. Long Range Goals review – City Manager John Prescott. 5. Proposed Park ordinance – Park and Recreation Director Jim Goblirsch. 6. City vehicle purchase update – City Engineer Jose Dominguez. 7. Briefing on the February 6, 2023 City Council Regular Meeting– Briefings are intended to be informational only and no deliberation or decision will occur on this item. 8. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting.  City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Monday, February 6, 2023 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. January 17, 2023 Special Meeting; January 17, 2023 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard a. Black History Month Proclamation. b. #LOVermillion Day Proclamation. 6. Public Hearings 7. Old Business 8. New Business a. Resolution Authorizing the Purchase of a 2x4 ½-ton Short Box Pickup Truck. 9. Bid Openings a. Fuel quotes. 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda a. Set a public hearing for February 21, 2023 for the Shakespeare Festival fundraising event Wine with Will to be held on March 24, 2023. 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. Vermillion City Council’s Values and Vision This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and promoting these ideals to a consistently increasing populace. Unapproved Minutes Council Special Session 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  PROCLAMATION BLACK HISTORY MONTH WHEREAS, during Black History Month, we celebrate the many achievements and contributions made by Black and African Americans to our economic, cultural, spiritual, and political development; and WHEREAS, Dr. Carter Godwin Woodson, noted Black scholar and son of former slaves, initiated Black History Week in 1926; and for many years, the second week of February, chosen to coincide with the birthdays of Frederick Douglass and Abraham Lincoln, was celebrated by Black and African Americans in the United States; and WHEREAS, in 1976 as part of the American Bicentennial, the celebration was expanded to encompass the entire month to recognize the significant contributions made by Black and African Americans to our country’s economy, politics, science, religion, and society as a whole; and WHEREAS, Black History Month celebrates the legacy of Black Americans whose power to lead, to overcome, and to expand the meaning and practice of American democracy has helped our Nation become a more fair and just society; and WHEREAS, during Black History Month we honor and continue the work of Black Americans who have created a more fair and inclusive democracy, helping the United States move closer to the reality of its full promise for everyone; and WHEREAS, the City of Vermillion is proud to honor the history, achievements, and contributions of Black and African Americans in our community, throughout our state, and across our nation. WHEREAS, the City of Vermillion continues to work toward becoming an inclusive community in which all citizens are respected and recognized for their contributions to our community, the state, the country, and the world; and NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim the month of February 2023 as BLACK HISTORY MONTH in the City of Vermillion and encourage all citizens to recognize this month by becoming aware of the history, culture, legacy, struggles, and achievements of Black and African Americans and continue our efforts to create a world that is more just, peaceful, and prosperous for all. Dated at Vermillion, South Dakota this 6th day of February 2023. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________________ Jonathan D. Cole, Mayor ATTEST: By ________________________________ Katie E. Redden, Finance Officer 605.677.7050 605.677.5461 (fax) www.vermillion.us 25 Center Street Vermillion, SD n n n n n 57069  PROCLAMATION #LOVERMILLION DAY 2023 WHEREAS, Vermillion is home to spirited, progressive, friendly, generous, diverse, active citizens who take pride in their community and make it an amazing place to live; and WHEREAS, Vermillion is home to our state’s flagship university, and the harmonious and mutually beneficial relationship between our city and the University of South Dakota continues to flourish as our institutions grow together; and WHEREAS, in Vermillion, we’ve got it all: unbelievable access to arts, culture and sports, beautiful natural scenery and abundant recreational options, top notch education for every age, a thriving business sector that provides ample opportunities for work, shopping, dining and entertainment, and a community that knows how to care, cooperate, and celebrate. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim February 14, 2023 as #LOVermillion Day and encourage all citizens to also proclaim their love for our wonderful city. Dated at Vermillion, South Dakota this 6th day of February 2023. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________________ Jon Cole, Mayor ATTEST: By ________________________________ Katie Redden, Finance Officer 605.677.7050 605.677.5461 (fax) www.vermillion.us 25 Center Street Vermillion, SD n n n n n 57069  8. New Business; item a Council Agenda Memo From: José Domínguez, City Engineer Meeting: February 6, 2023 Subject: Resolution Authorizing the Purchase of a 2x4 ½-ton Short Box Pickup Truck Presenter: José Domínguez Background: On November 1, 2021, the City Council approved a resolution authorizing the purchase of several vehicles. One of the vehicles was a 2022 2x4 ½-ton short box pickup truck. The vehicle order was placed with Vermillion Ford soon after the approval of the resolution. This purchase was discussed during the budget sessions in August 2021 and was included in the 2022 equipment replacement schedule. The vehicle ordered in November 2021 was delivered to the City in May 2022. However, the vehicle delivered to the City was incorrectly ordered by the dealer and promptly returned by the City without payment being issued. The dealer did order a new vehicle, but the manufacturer voided the re-order and asked all dealers to place new orders for those vehicles removed. At the same time, the manufacturer removed all price protections for vehicles ordered in 2022. This meant that the price for the vehicle re- ordered would change from the price originally agreed on in November 2021. The City learned about the new price for the re-ordered vehicle in December 2022. Discussion: Staff proposes that the Council purchase the vehicle that has been re-ordered from Vermillion Ford. The City can accomplish this by following SDCL 5-18A-22(19). This statute allows the City to purchase equipment that costs less than $50,000 without going to bid. The new price for the vehicle would be $34,846. Although this price is significantly more than the November 2021 price of $27,551, the new price would have been similar to that if the City would have purchased from the State bid in June 2022. Financial Consideration: The Equipment Replacement Fund will have to be adjusted by $7,295 to account for the purchase of this vehicle. This adjustment will be discussed at the 2023 budget review sessions. Conclusion/Recommendations: Administration recommends approving the resolution allowing for the purchase of the vehicle.  8. New Business; item a Referenced state statutes: 5-18A-22. Procurements exempt from chapters 5-18A through 5-18D. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply to: (1) Any highway construction contract entered into by the Department of Transportation; (2) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration; (3) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months; (4) Any equipment repair contract; (5) Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware or perishable foods; (6) Any supplies, services, and professional services required for externally funded research projects at institutions under the control of the Board of Regents; (7) Any property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds by any department of the state government, state institution, and state agency shall be made under the supervision of the Bureau of Administration; (8) Any supplies needed by the Department of Human Services or the Department of Social Services or prison industries for the manufacturing of products; (9) Any printing involving student activities, conducted by student organizations and paid for out of student fees, at institutions under the control of the Board of Regents. However, nothing in this subdivision exempts, from the requirements of this chapter and chapters 5-18B, 5-18C, and 5-18D, purchases that involve printing for other activities at institutions under the control of the Board of Regents; (10) Any purchase of surplus property from another purchasing agency; (11) Any animals purchased; (12) Any purchase by a school district of perishable food, raw materials used in construction or manufacture of products for resale, or for transportation of students; (13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12, or 11-11; (14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of farms by institutions under the control of the Board of Regents; (15) Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in § 5-18A-14; (16) For political subdivisions, any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services; (17) Any purchase of supplies or services from a contract established through a Midwestern Higher Education Compact group purchasing program by a competitive sealed bid or a competitive sealed proposal; (18) Any contract concerning the custody, management, purchase, sale, and exchange of fund investments and research by the State Investment Council or Division of Investment; or (19) For political subdivisions, any purchase of equipment involving the expenditure of less than fifty thousand dollars.  RESOLUTION AUTHORIZING THE PURCHASE OF A 2x4 ½ - TON PICKUP TRUCK WHEREAS, SDCL 5-18A-22(19) authorizes a governmental entity to purchase any piece of equipment involving the expenditure of less than $50,000 without going to bid; and WHEREAS, the City of Vermillion approached the local dealer, Vermillion Ford, to see if the City could purchase a 2022 Ford F150 2x4; and WHEREAS, after the prices from the local dealer were compared with the state contract price, it was found that the local dealer’s price was comparable to the state’s contract price; and WHEREAS, this new resolution will replace the resolution approved by the City Council on November 1, 2021 for the purchase of a 2022 Ford F150 2x4 for $27,551.00 from Vermillion Ford of Vermillion, South Dakota. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a 2022 Ford F150 2x4 for $34,846.00 from Vermillion Ford of Vermillion, South Dakota. Dated at Vermillion, South Dakota this 6th day of February, 2023. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Jonathan D. Cole, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer  CITY OF VERMILLION INVOICES PAYABLE-FEBRUARY 6, 2023 1 A&M SERVICES, INC UNIFORM CLEANING 81.20 2 A-OX WELDING SUPPLY CO CHEMICALS 2,265.00 3 AMAZON BUSINESS DVD/BOOKS/SUPPLIES 2,578.79 4 ANNA MOORE FOCUS GROUP SERVICES 100.00 5 APPEARA TOWELS 45.00 6 AT&T MOBILITY MOBILE HOT SPOTS 505.80 7 AUSTIN ANDERSON SAFETY BOOTS REIMBURSEMENT 156.74 8 AUTO VALUE PARTS 724.97 9 BEST WESTERN PLUS RAMKOTA LODGING 209.98 10 BILL BROWN SNOW REMOVAL 865.50 11 BLACKSTONE PUBLISHING BOOK 46.74 12 BLUEPEAK E911 CIRCUIT/TELEPHONE/INTERNET 5,011.54 13 BOOK SYSTEMS, INC SUBSCRIPTION/TECH SUPPORT 4,400.00 14 BOONE BROTHERS ROOFING REPAIRS 86.43 15 BOUND TREE MEDICAL, LLC SUPPLIES 5,913.93 16 BUTCH'S PROPANE INC PROPANE 4,800.68 17 BUTLER MACHINERY CO. PARTS 1,610.62 18 CAPITAL ONE SUPPLIES 519.94 19 CASK & CORK MERCHANDISE 452.10 20 CHAD CHRISTOPHERSON SAFETY GLASSES REIMBURSEMENT 150.00 21 CHAMBERLAIN OIL CO FUEL/INJECTOR CLEANER/OIL 1,081.29 22 CHRISTENSEN RADIATOR & REPAIR REPAIRS 949.86 23 CINTAS SUPPLIES 133.86 24 CITY OF VERMILLION COPIES/POSTAGE 878.06 25 CITY OF VERMILLION UTILITY BILLS 38,420.87 26 CLAY COUNTY SHERIFF FINGER PRINTING 15.00 27 COFFEE KING, INC MERCHANDISE 66.75 28 COLLIN SCHRAWYER REFUND ACH PAYMENT 111.63 29 COLONIAL LIFE INSURANCE 1,479.24 30 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 3,931.50 31 CUMMINS SALES & SERVICE PARTS 670.11 32 CURT HAAKINSON MEALS REIMBURSEMENT 68.00 33 DAKOTA BEVERAGE MERCHANDISE 8,002.66 34 DAKOTA PC WAREHOUSE MONITOR/COMPUTER/SUPPLIES 3,677.46 35 DELTA DENTAL PLAN INSURANCE 6,817.86 36 DENNIS MARTENS MAINTENANCE 833.34 37 DGR ENGINEERING PROFESSIONAL SERVICES 583.00 38 DOOLEY ENTERPRISES, INC AMMUNITION 3,614.43 39 DUBOIS CHEMICALS SODA ASH 7,452.50 40 EAKES OFFICE SOLUTIONS TABLE RUNNERS 256.95 41 ECHO ELECTRIC SUPPLY SUPPLIES 3,598.77 42 ED M. FELD EQPT CO EQUIPMENT 1,910.57 43 ELIZA MOLLMAN FOCUS GROUP SERVICES 100.00 44 ERIC McPHERSON MEALS REIMBURSEMENT 68.00 45 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,350.80 46 ESRI SUBSCRIPTION/MAINTENANCE 5,100.00 47 ETHAN GULLIKSON MEALS REIMBURSEMENT 68.00 48 EUROFINS ENVIRONMENT TESTING TESTING 3,870.00 49 FRONTIER PRECISION, INC REGISTRATION 1,700.00 50 GEOFFREY GRAY-LOBE FOCUS GROUP SERVICES 100.00 51 GRAYBAR ELECTRIC SUPPLIES 70.93 52 GRAYMONT (WI) LLC CHEMICALS 5,807.13 53 GREGG PETERS FREIGHT 1,808.75 54 GREGG PETERS RENT 937.50 55 GUARANTEE ROOFING & SIDING REPAIRS 17,669.42 56 HANNAH MOSTERD REFUND REC PROGRAM FEE 10.00 57 HANSEN LOCKSMITHING FOBS 40.00 58 HEALTH CARE LOGISTICS BINS/DIVIDERS 66.53 59 HEIMAN FIRE EQUIPMENT EQUIPMENT 18,345.09 60 HY VEE FOOD STORE SUPPLIES 39.26 61 INGRAM BOOKS 2,714.40 62 JACKS UNIFORM & EQPT UNIFORMS 5,038.72 63 JAY'S PLUMBING REPAIRS 1,628.05 64 JEFFREY ROHONE REFUND PARKING TCKT OVERPMT 5.00 65 JENNIFER PHELAN REFUND REC PROGRAM FEE 10.00 66 JESSICA BERINGER REFUND REC PROGRAM FEE 10.00 67 JOHN A CONKLING DIST. MERCHANDISE 3,167.45 68 JOHN C. PRESCOTT REIMBURSEMENT-ICMA DUES 1,017.00 69 JOHNSON BROTHERS OF SD MERCHANDISE 18,194.60 70 JOHNSON FEED, INC REPAIRS 195.94 71 JONES FOOD CENTER SUPPLIES 387.87 72 K & M TIRE TIRES 2,481.18 73 KAIROI, INC WEBSITE CONTRACT 1,000.00 74 KATHRYN BIRKELAND REFUND REC PROGRAM FEE 10.00 75 KNOEPFLER CHEVROLET REPAIRS 1,930.27 76 LAYNES WORLD SUPPLIES 167.00 77 LINDSEY JENNEWEIN REFUND REC PROGRAM FEE 10.00 78 LISA TERWILLIGER REFUND REC PROGRAM FEE 10.00 79 LOCATORS AND SUPPLIES, INC SUPPLIES 205.10 80 LOW INCOME ENERGY ASSISTANCE REFUND ONE TIME ELECTRIC PMT 264.87 81 LUKE HAYES REFUND REC PROGRAM FEE 10.00 82 MAIN STREET CENTER 1ST QTR CONTRIBUTION 4,000.00 83 MART AUTO BODY & MARINE LLC REFUND ASSESSMENT OVERPMT 406.63 84 MARTINSON CONSTRUCTION HAUL SNOW 650.25 85 MATHESON TRI-GAS, INC MEDICAL OXYGEN 112.15 86 MELISSA GRIESE REFUND REC PROGRAM FEE 10.00 87 MICHAEL HEINE MEALS REIMBURSEMENT 68.00 88 MIDWEST ALARM CO ALARM MONITORING 88.29 89 MIKE PHELAN FOCUS GROUP SERVICES 100.00 90 MILLBORN SEEDS ADC LANDFILL COVER 9,900.00 91 MINN MUNICIPAL UTILITY ASSOC 1ST QTR SAFETY MGMT PROGRAM 8,004.75 92 MOORE WELDING & MFG REPAIRS 532.25 93 NCL OF WISCONSIN, INC CHEMICALS 639.46  94 NETSYS+ PROFESSIONAL SERVICES 502.00 95 NO BULL LANDSCAPING & SNOW SNOW REMOVAL 769.50 96 NORTHERN TRUCK EQPT CORP PARTS 2,477.00 97 O'REILLY AUTO PARTS PARTS 666.22 98 OCEANID WATER RESCUE CRAFT INFLATABLE RESCUE CRAFT 5,825.00 99 OKOBOJI WINES-SD MERCHANDISE 180.00 100 PCC, INC COMMISSION 4,401.58 101 PHELPS WORK CLOTHING 165.29 102 PING/KARSTEN MFG CORP MERCHANDISE 978.40 103 POMPS TIRE SERVICE, INC. PARTS 2,283.77 104 PRAIRIE BERRY WINERY MERCHANDISE 807.00 105 PRESTO-X-COMPANY INSPECTION/TREATMENT 77.97 106 QUADIENT FINANCE USA, INC POSTAGE 300.00 107 QUADIENT LEASING USA, INC COPIER LEASE PAYMENT 273.24 108 QUILL PLANNER 18.52 109 RACOM CORPORATION MAINTENANCE 473.98 110 RANDY JENSEN REFUND REC PROGRAM FEE 10.00 111 REDI TOWING TOWING 1,525.00 112 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 10,600.30 113 RIEKES EQUIPMENT CO. OIL FILTER 17.84 114 RUNNING SUPPLY, LLC SUPPLIES 1,706.47 115 SCHADE'S VINEYARD MERCHANDISE 576.00 116 SCHAEFFER MFG. CO SUPPLIES 1,345.60 117 SD CHAPTER GCSAA REGISTRATION 700.00 118 SD LOTTERY BACKGROUND FEES 86.50 119 SD PUBLIC ASSURANCE ALLIANCE EQUIPMENT COVERAGE 4,093.51 120 SD RETIREMENT SYSTEM CONTRIBUTIONS 33,190.14 121 SECURITY SHREDDING SERVICE SHREDDING 35.00 122 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,827.04 123 SESDAC, INC FUNDING 8,000.00 124 SHANE GRIESE MEALS REIMBURSEMENT 68.00 125 SIOUX FALLS FORD REPAIRS 6,081.26 126 SNAP-ON INDUSTRIAL TOOLS 202.24 127 SOUTH DAKOTA 811 LOCATES 204.75 128 SOUTHERN GLAZER'S OF SD MERCHANDISE 10,087.19 129 STOCKTON TOWING INC TOWING 880.60 130 STOREY KENWORTHY/MATT PARROTS CHECKS 1,710.30 131 STRYKER SALES CORPORATION AMB EQUIPMENT 2,543.07 132 STUART C. IRBY CO. SUPPLIES 83.50 133 SUSAN HANSON REFUND REC PROGRAM FEE 10.00 134 TECHNIMOUNT SYSTEM LLC AMB EQUIPMENT 12,271.00 135 TELEDYNE INSTRUMENTS, INC EVAP BLOWER FAN 886.62 136 THE BEAN COMMUNITY COFFEEHOUSE COFFEE 200.19 137 THE LUMBERYARD LLC MATERIALS 199.83 138 THE UPS STORE #6751 SHIPPING 39.15 139 TITAN MACHINERY-SIOUX FALLs PARTS 1,246.86 140 TITLEIST-ACUSHNET COMPANY MERCHANDISE 311.18 141 TRACTOR SUPPLY CREDIT PLAN PART 71.98 142 TRUE BRANDS MERCHANDISE 454.13 143 TWIN CITY HARDWARE PART 91.54 144 TYLER TECHNOLOGIES LICENSE/MAINTENANCE FEE 13,083.16 145 UNUM LIFE INSURANCE COMPANY INSURANCE 1,162.90 146 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,250.00 147 UTILITY EQUIPMENT CO. PART 222.30 148 VALIANT VINEYARDS MERCHANDISE 261.00 149 VERIZON WIRELESS CELL PHONES/TABLETS 2,821.23 150 VERMEER HIGH PLAINS FILTERS 365.15 151 VERMILLION ACE HARDWARE SUPPLIES 6,312.72 152 VERMILLION CHAMBER OF COMMERCE FUNDING/MEMBERSHIPS 81,340.44 153 VERMILLION FORD REPAIRS 311.85 154 VERMILLION GARBAGE SERVICE WASTE HAULING 1,085.76 155 VERMILLION HOUSING AUTHORITY AUDIT CONTRIBUTION 4,100.00 156 VERMILLION YOUTH WRESTLING ONLINE REGISTRATION FEES 3,031.95 157 VESSCO, INC PARTS 22,089.03 158 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 9,090.45 159 WADE MOUNT MEALS REIMBURSEMENT 102.00 160 WINTER EQUIPMENT COMPANY CURB RUNNERS 1,728.44 161 YANKTON JANITORIAL SUPPLY SUPPLIES 142.00 162 YANKTON TRANSMISSION SPECIALISTS REPAIRS 2,962.00 GRAND TOTAL $510,217.95