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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · September 18, 2023

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Minutes

Unapproved Minutes Council Special Session September 18, 2023 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, September 18, 2023 at 12:00 noon at the Bluffs Golf Course Clubhouse. 1. Roll Call Present: Hellwege, Holland, Jennewein, Murra, Price, Ward, Mayor Cole Absent: Letellier, Humphrey 2. Adoption of Agenda 333-23 Council Member Murra moved approval of the agenda. Council Member Price seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Update on Bluffs Golf Course – Jim Goblirsch Jim Goblirsch, Parks and Recreation Director, reviewed the operations of the Bluffs Golf Course. Jim reviewed the different functions that happen within the Golf Course along with the revenues and expenses. Jim stated that an on-course bathroom has been requested by patrons of the Golf Course and it was budgeted for. Jim reviewed the plans for the bathroom going over different options that could happen. Discussion followed on the Bluffs Golf Course functions and bathrooms. 5. Briefing on the September 18, 2023 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 6. Tour of Bluffs Golf Course. 7. Adjourn 334-23 Council Member Ward moved to adjourn the Council special session at 12:46 p.m. Council Member Holland seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 18th day of September, 2023. 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 September 18, 2023 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on September 18, 2023 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2. Pledge of Allegiance 3. Minutes A. Minutes of September 5, 2023, Special Session and September 5, 2023, Regular Session 335-23 Council Member Murra moved approval of the September 5, 2023, Special Session and September 5, 2023, Regular Session minutes. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 336-23 Council Member Price moved approval of the agenda. Council Member Jennewein seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 6. Public Hearings a. Retail (on-off sale) Malt Beverage and SD Farm Wine license for Silk Road Café located at 12 W. Main Street. Austin Flowers, Deputy Finance Officer, reported that an application was received from Silk Road Café located at 12 W Main Street for a retail (on-off sale) Malt Beverage and SD Farm Wine license. Austin noted that the license would expire on June 30, 2024. Austin state the City Council has the ability to issue a license on two criteria: suitable applicant and suitable location. DCI and FBI background checks were conducted in 2017 when this license was originally transferred to Jonathan Donald. The Police Chief’s report states he has no disqualifying contacts since that time. Austin noted for the location criteria it is in the downtown business district and a license was previously held at this location. 337-23 Council Member Holland moved approval of the Retail (on-off sale) Malt Beverage and SD Farm Wine license for Silk Road Café located at 12 W. Main Street. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. b. Transfer of a Retail (on-sale) Liquor license from Rollie T. French at 24 Center Street to Coyote Convenience located at 116 E. Cherry Street. Austin Flowers, Deputy Finance Officer, reported that an application was received from Rollie T. French for a transfer of a Retail (on-sale) Liquor license to Coyote Convenience located at 116 E. Cherry Street. Austin noted that the license would expire on December 31, 2023. Austin stated the City Council has the ability to issue a license on two criteria: suitable applicant and suitable location. DCI and FBI background checks were conducted when William Wood first received an alcohol license for this location. The Police Chief’s report states he has no disqualifying contacts since that time. Austin noted for the for the location criteria there is a Retail (on-off sale) Malt Beverage license currently held at this location. 338-23 Council Member Ward moved approval of the transfer of a Retail (on-sale) Liquor license from Rollie T. French at 24 Center Street to Coyote Convenience located at 116 E. Cherry Street. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. c. Authorize the application for a $2,020,000 Community Development Block Grant award for a water line replacement project. Sophie Johnson, SECOG employee, reported that last fall, the City Council toured the Water Treatment Plant. A Facility Plan for water treatment improvements was presented to the City Council at a meeting late last year. Sophie noted the project was placed on the Department of Agriculture and Natural Resources State Water Plan which provides eligibility for grants and loans in which the City applied for and was awarded a State Revolving Fund (SRF) loan of up to $6.6 million. The loan would be repaid at 2.75% interest over the course of 20 years. Sophie stated approximately $2 million of the $7 million worth of improvements and engineering costs is for replacement of water mains. The water mains to be replaced are on S. University Street from E. Main Street to Canby Street, Canby Street from Lewis Street to S. University Street, and Crestview from Thomas Street to S. Norbeck Street. Sophie stated these are all older cast iron water mains that were identified in the water facility plan for replacement due to their condition and/or the number of water main breaks that have taken place. Sophie noted City staff have been working to identify grant funding to reduce the loan amount that has to be repaid by water rates. The Governor’s Office of Economic Development (GOED) administers the Community Development Block Grant (CDBG) program for the state. CDBG awards come from federal Housing and Urban Development funds provided to states for community improvements that will benefit low- and moderate- income individuals. Sophie noted Vermillion automatically qualifies for CDBG funding based on community data. GOED recently raised the maximum CDBG award to $2 million. Sophie stated SECOG has been assisting the City with the CDBG application process. The timeline for the project is to have the CDBG application submitted by October 1 with GOED consideration during the fourth quarter of 2023. The water main replacement portion of the project would be bid during the first quarter of 2024 with work taking place during 2024. The estimated project costs are as follows: Construction $1,132,702; Engineering $205,000; Legal & Administration $7,000; Grant Administration $20,000; Contingency $226,540; Total $1,571,242. Sophie noted that public comment is to be taken and no action is required by the City Council. 339-23 Council Member Jennewein moved approval to authorize the application for a $2,020,000 Community Development Block Grant award for a water line replacement project. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. d. Authorize the application for a $2,020,000 Community Development Block Grant award for the reconstruction of E. Clark Street between N. Dakota Street and N. Plum Street. Sophie Johnson, SECOG employee, reported that City staff have identified the need to reconstruct E. Clark Street from N. Dakota Street to N. Plum Street. Sophie noted a project was being developed to complete this work over multiple years. City staff was working with South Eastern Council of Governments (SECOG) staff on future Community Development Block Grant (CDBG) projects when it was suggested that multiple CDBG applications could be submitted. Sophie stated traditionally, only one CDBG project could be open at the same time. Sophie noted the Governor’s Office of Economic Development (GOED) administers the CDBG program for the state. GOED recently raised the maximum CDBG award to $2 million from $750,000. Sophie stated SECOG has been assisting the City with the CDBG application process. The timeline for the project is to have the CDBG application submitted by October 1 with GOED consideration during the fourth quarter of 2023. The reconstruction of E. Clark Street would take place during 2024. The estimated project costs are as follows: Construction $2,127,000; Engineering $213,000; Legal & Administration $18,000; Grant Admin. $20,000; Contingency $322,000; Total $2,700,000 Sophie noted the City was trying to accomplish the reconstruction of E. Clark Street with Surface Transportation Improvement Program (STIP) funding. Sophie stated the current balance in the STIP fund is approximately $1.5 million and the City receives approximately $425,000 per year of STIP funding. A CDBG grant of $2 million would allow the entire project to be completed at one time and allow the City to address other street needs sooner as a smaller amount of STIP funding would be utilized to complete the E. Clark Street reconstruction project. Sophie noted a requirement of the CDBG application process is to conduct a public hearing to explain the project and complete a Community Development and Housing Needs Assessment with a public input component. The project was explained in the previous section. Following any public input on the project, the City Council needs to develop a Community Development & Housing Needs Assessment. The City Council could affirm the Needs Assessment completed with the previous agenda item as current or complete a separate Needs Assessment. Sophie noted that public comment is to be taken and no action is required by the City Council. Sophie stated that she provided an outline of the three major areas to address and the City staff included some items and, through discussion, items were added to develop the following: COMMUNITY DEVELOPMENT AND HOUSING NEEDS OF LOW- AND MODERATE-INCOME PERSONS 1. The City and VCDC completed a housing study in June 2022. Continue to address the variety and diversity of housing needs identified in this study. 2. Continue to pursue grant and loan funding from SDHDA and other sources as well as utilize TIF funding to provide the infrastructure needed to facilitate housing construction. 3. Pursue grants and low-interest loans to assist with rehabilitation of existing housing stock. 4. Continue with the rental housing registration and inspection program along with continued improvements in the ordinance to enhance housing opportunities. 5. The City Council created the Vermillion Housing Authority to operate as a separate entity to provide rental housing assistance for low- to moderate-income persons in the community. The City provides office space and some financial assistance to the Housing Authority. 6. The City has adopted the 2018 International Building Code, 2018 International Residential Code, and 2018 International Property Maintenance Code to provide for proper housing construction and ongoing maintenance of the property. 7. The City and County have adopted a Joint Jurisdictional ordinance for the immediate area outside of City limits. The ordinance provides for a variety of housing classifications appropriate for low- to moderate- income persons. 8. The City and County Planning and Zoning Commissions recently completed a survey of the Joint Jurisdictional Zoning Area to address needs in this area including housing. OTHER COMMUNITY DEVELOPMENT AND HOUSING NEEDS 1. Continue the commitment to the water treatment system improvements to provide the needed quality water supply for current and future customers. This will include investments in the water treatment plant and distribution system. 2. Continue the commitment to the wastewater treatment system improvements to provide for the sanitary sewer treatment needs of the current and future customers. This includes completion of the Tom Street lift station replacement to meet the growth in the area served by this facility and extension of service lines. 3. Continue the commitment to the electric system to maintain high quality and reliable electric service to current and future customers. The City, in conjunction with Missouri River Energy Services, offers rebates for energy efficient equipment and appliances. 4. Continue to upgrade and extend the hike/bike path system. 5. Continue the improvements and expansion of the park system and offerings for the enjoyment of all citizens. 6. A quality street system that is maintained and replaced as needed to provide for all types of transportation needs and land for development. PLANNED OR POTENTIAL ACTIVITIES TO ADDRESS HOUSING AND COMMUNITY NEEDS 1. Continue the partnership with the Vermillion Area Chamber and Development Company (VCDC) to encourage industrial development in Vermillion. The City has made contributions and pledged additional funds to Vermillion Now! to provide a pool of economic development funds as another tool to assist development in the community. 2. Continue to work with the VCDC on the Bliss Pointe development and future projects to provide building sites for single- and multi-family housing. 3. Continue to work with developers and builders to facilitate needed infrastructure as property is developed. 4. Partner with the Vermillion Public School District to convert the Jolley School site into housing and park ground. 5. Develop the Jack Powell Addition for a variety of housing types and parkland. 6. Continue to identify and replace lead and galvanized service lines as required by the EPA lead and copper rule. 340-23 Council Member Humphrey moved approval to authorize the application for a $2,020,000 Community Development Block Grant award for the reconstruction of E. Clark Street between N. Dakota Street and N. Plum Street. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. e. Special permit to exceed permissible sound levels by no more than 50% for the Latino and Hispanic Student Organization of USD and SDYA on or about Saturday, September 23, 2023, from 4:00 p.m. to 7:00 p.m. for an event to celebrate Hispanic Heritage Month at Prentis Park. Austin Flowers, Deputy Finance Officer, reported that the Latino and Hispanic Student Organization of USD and SDYA (SD Youth Activism) has applied for a special permit to exceed allowable noise levels for an event to celebrate Hispanic Heritage Month on or about Saturday, September 23, 2023, from 4:00 p.m. to 7:00 p.m. in the North Shelter at Prentis Park. Austin noted a copy of the application, map of the area, and notice of hearing are attached. Austin stated the City Council will need to determine if the event is in a suitable location with appropriate facilities, during the allowable time, and if the applicant can demonstrate the public benefit of the event. Relevant questions for a public gathering, when a noise permit is sought, include the availability of restroom facilities, clean-up of the area, and disposal of waste. 341-23 Council Member Murra moved approval of the Special permit to exceed permissible sound levels by no more than 50% for the Latino and Hispanic Student Organization of USD and SDYA on or about Saturday, September 23, 2023, from 4:00 p.m. to 7:00 p.m. for an event to celebrate Hispanic Heritage Month at Prentis Park. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. f. First reading of Ordinance 1493 to amend Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.074 Fences adding NC Neighborhood Commercial District to subsection (C) and adding LI Light Industrial District to subsection (D). Jose Dominguez, City Engineer, reported that in 2022 the City created a new industrial zoning district. The LI Light Industrial district was created to remove rear yard setbacks on industrial land adjacent to the railroad and to provide a buffer between more industrial districts and commercial or residential districts. Jose noted since then, we have had some light development occurring along the newly created zoning district, however, one of the aspects that was overlooked when the zoning district was created was the fence requirements. Jose stated the proposed amendment will include the LI Light Industrial district with fence requirements and the NC Neighborhood Commercial district will also be included. Staff believe that this district was also overlooked since the adoption of the zoning ordinance in 2008. Jose noted the City’s Planning and Zoning Commission (Commission) considered this item at their September 11th meeting. After reviewing the ordinance, the Commission voted 8 to 0 in favor of the City Council adopting the ordinance as proposed by Staff. Jose stated the proposed amendment will insert the LI Light Industrial district into section 155.074 (D). This would allow for fences constructed in the district to be no more than 8 feet in height if they are not located in the required front yard. Jose noted the second amendment would place NC Neighborhood Commercial district in section 155.074 (C). This would allow for fences to be constructed in the NC Neighborhood Commercial district. The standards that would be followed would be similar to those in all of the residential districts and in the downtown area. That is, fences are not allowed to exceed 6 feet in height other than in the required front yard. In the required front yard, the fence cannot exceed 4 feet in height. 342-23 Mayor Cole read the title to the above mentioned Ordinance and Council Member Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1493 entitled An Ordinance Adopting Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.074 Fences adding NC Neighborhood Commercial District to subsection (C) and adding LI Light Industrial District to subsection (D) of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 18th day of September, 2023 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 Holland. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. 7. Old Business a. Second reading of Ordinance 1488 – 2023 budget revision ordinance. John Prescott, City Manager, stated that the 2023 budget was adopted in September 2022 and since that time some things have changed that have been incorporated into the revised appropriations ordinance. John reviewed some of the major changes contained in the revised budget. John stated that there would most likely need to be another revised ordinance before the year end to address unanticipated items. John recommended adoption of the 2023 revised appropriations ordinance. Discussion followed. 343-23 Second reading of title to Ordinance No. 1488, entitled 2023 Appropriations Ordinance for the City of Vermillion, South Dakota Mayor Cole read the title to the above-named Ordinance, and Council Member Holland moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1488 entitled 2023 Revised Appropriations Ordinance 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 September, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th day of September, 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: PROPOSED ORDINANCE NO. 1488 2023 REVISED APPROPRIATION ORDINANCE AN ORDINANCE ADOPTING the 2023 Revised 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. 2023 Budget GENERAL FUND REVENUES: General Property Taxes 2,834,500 Sales Tax 2,200,000 Penalties & Interest 4,500 Licenses & Permits 269,520 Cable TV Franchise 90,000 State Intergovernmental 789,487 County Intergovernmental 141,000 Charges for Goods & Services 840,000 Fines & Forfeits 41,000 Miscellaneous Revenues 419,425 TOTAL GENERAL FUND REVENUES 7,629,432 EXPENDITURES: Policy & Administration: General Government 711,179 Finance Office 206,657 Engineering 400,934 Planning & Zoning 650 Code Compliance 279,979 Community Promotion 215,425 Total Policy & Administration 1,814,824 Public Safety & Security: Police Administration & Invest. 667,742 Police Patrol 1,507,248 Fire & Rescue 473,625 Emergency Management 2,200 Ambulance 676,888 Total Public Safety & Security 3,327,703 Maintenance & Transportation: Municipal Garage 157,629 Municipal Service Center 30,146 Street Department 816,903 Snow Removal 129,504 Sweeping & Mowing 162,210 Carpentry 22,446 City Hall Maintenance 103,655 Old Landfill Maintenance 16,000 Old Library 15,000 Airport 102,067 Total Maintenance & Transportation 1,555,560 Human Development & Leisure Services: Library 692,666 Parks & Forestry 460,280 Swimming Pool 328,578 Recreation 277,036 Mosquito Control 9,205 National Guard Armory Center 57,160 Total Human Development & Leisure 1,824,925 TOTAL GENERAL FUND EXPENDITURES 8,523,012 GENERAL FUND NEEDS (893,580) Transfer to 911 Fund - Communications (465,254) Transfer to Prentis Park Debt Service (160,000) Reserved for STIP Projects (401,487) Transfer to Capital Projects STIP (25,000) Transfer from Electric Fund 875,000 Transfer from Water Fund 2,306 Transfer from Sewer Fund 1,402 Transfer from Liquor Fund 330,911 Transfer from Library Fine & Gift 5,000 Transfer from Utilities Engineering Fees 136,387 Transfer from BID #1 1,360 Transfer from Sales Tax Fund 105,000 Appropriation from Reserve 487,955 GENERAL FUND BALANCE 0 SPECIAL REVENUE FUNDS SECOND PENNY SALES TAX FUND Revenues 2,452,000 Expenditures - Second Cent Sales Tax 2,221,200 Transfer to Bike Path Capital Projects (13,500) Transfer to Airport Capital Projects (6,240) Transfer to City Hall Debt Service Fund (335,300) Transfer to Prentis Park GO Debt Service (35,200) Transfer to General Fund (105,000) Transfer to Capital Projects STIP (209,400) Transfer in General Fund 0 Transfer in Capital Projects 48,200 Appropriation from Reserve 425,640 SECOND PENNY SALES TAX FUND BALANCE 0 PARKS IMPROVEMENT FUND Revenues-Recreation Fees 15,100 Expenditures - Parks Improvements 15,100 Appropriation from Reserve PARKS IMPROVEMENT FUND BALANCE 0 BBB SALES TAX FUND Revenues 376,900 Expenditures 403,385 Appropriation from Reserve 26,485 BBB SALES TAX FUND BALANCE 0 911 FUND - COMMUNICATIONS Revenues 515,255 Expenditures 980,509 Transfer from General Fund 465,254 911FUND FUND BALANCE 0 BUSINESS IMPROVEMENT DISTRICT #1 Revenues 68,000 Expenditures 66,640 Transfer to General Fund 1,360 Business Improvement District #1 Fund Balance 0 STORMWATER MAINTENANCE FUND Revenues - Stormwater Fees 307,254 Expenditures: 307,254 Appropriation from Reserve 0 STORMWATER FEE FUND BALANCE 0 LIBRARY FINE AND GIFT FUND Revenues- Library Fine & Gifts 18,450 Expenditures - Library 13,450 Transfer to General Fund 5,000 LIBRARY FINE AND GIFT FUND BALANCE 0 SPECIAL REVENUE - TIF District No. 5 Revenues 100,277 Expenditures 100,277 SPECIAL REVENUE - TIF 5 FUND BALANCE 0 DEBT SERVICE FUNDS DEBT SERVICE--SPECIAL ASSESSMENT FUND Revenues 65,700 Expenditures 7,214 Transfer to Sales Tax Fund (45,000) Appropriation to Reserve (13,486) DS SPECIAL ASSESSMENT FUND BALANCE 0 DEBT SERVICE-- TIF District No. 6 Revenues 373,355 Expenditures 373,355 DEBT SERVICE - TIF 6 FUND BALANCE 0 DEBT SERVICE-- TIF District No. 7 Revenues 72,561 Expenditures 72,561 Advance from Sales Tax 0 DEBT SERVICE - TIF 7 FUND BALANCE 0 DEBT SERVICE - CITY HALL Revenues 5,000 Expenditures 340,300 Transfer from Second penny Sales Tax Fund 335,300 DEBT SERVICE - CITY HALL FUND BALANCE 0 DEBT SERVICE - PRENTIS PARK GO BOND Revenues 500 Expenditures 195,700 Transfer from Second Penny Sales Tax Fund 35,200 Transfer from General Fund Malt Beverage 160,000 Appropriation to Reserve 0 DEBT SERVICE - PRENTIS PARK BOND FUND BALANCE 0 CAPITAL PROJECTS FUNDS CAPITAL PROJECTS FUND - AIRPORT Revenues 89,760 Expenditures 96,000 Transfer from Second penny Sales Tax Fund 6,240 CP AIRPORT FUND BALANCE 0 CAPITAL PROJECTS FUND - PRENTIS PARK Revenues 0 Expenditures 25,000 Transfer from General Fund 25,000 CP PRENTIS PARK FUND BALANCE 0 CAPITAL PROJECTS FUND - JACK POWELL ADDITION Revenue 0 Expenditures 209,400 Transfer in from Second penny Sales Tax Fund 209,400 CP BIKE PATH FUND BALANCE 0 CAPITAL PROJECTS FUND - BIKE PATH Revenues 61,500 Expenditures 75,000 Transfer from Second penny Sales Tax Fund 13,500 CP BIKE PATH FUND BALANCE 0 CAPITAL PROJECTS FUND - DOWNTOWN STREETSCAPE Revenues 0 Transfer from Second penny Sales Tax Fund 3,200 Reserve 3,200 CP BIKE PATH FUND BALANCE 0 INTERNAL SERVICE FUNDS (Information Only) Copier - Fax- Equipment Technology Unemployment Postage Custodial Replacement Replacement Fund Fund Fund Fund Fund Revenues Internal Dept Charges - 14,550 89,830 628,823 73,860 Interest on Investments 150 - - 20,000 200 Other Revenues - - - - - Total Revenues 150 14,550 89,830 648,823 74,060 Expenditures Personnel - - 43,710 - 70,923 Operating Expenses 150 19,230 46,351 - 1,860 Capital - - - 1,114,320 0 Total Expenditures 150 19,230 90,061 1,114,320 72,783 Transfer in - - - 68,000 2,000 (To) From Reserve - 4,680 231 397,497 (3,277) Fund Balance 0 0 0 0 0 UTILITY AND ENTERPRISE FUNDS (Information Only) Curbside Joint Golf Electric Water Wastewater Powers Liquor Course Recycling Fund Fund Fund Fund Fund Fund Fund Revenues Sales 5,914,500 1,734,000 1,846,981 1,051,400 1,823,400 942,010 140,500 Surcharge 897,779 278,085 381,250 - - - - Other Revenue 1,061,500 55,100 11,800 895,000 - 74,737 500 Interest 148,000 17,000 78,500 23,000 5,000 5,000 500 Grants - - 502,500 260,800 - - - Total Revenues 8,021,779 2,084,185 2,821,031 2,230,200 1,828,400 1,021,747 141,500 Expenditures Personnel 1,103,827 782,708 562,218 682,819 - 489,367 114,152 Operating Expenses 4,265,675 951,547 982,562 1,096,593 1,527,550 636,408 29,111 Capital 360,320 475,966 1,993,200 1,645,000 10,000 7,500 - Debt Service - 186,475 284,962 793,904 - - 1,098 Debt Service Surcharge 676,425 235,670 291,014 - - - - Total Expenditures 6,406,247 2,632,366 4,113,956 4,218,316 1,537,550 1,133,275 144,361 Transfers Out (956,833) (97,583) (28,679) - (330,911) - - Transfers In - - - - - - - Bond Proceeds - 260,000 650,000 1,043,000 - - - (To) From Reserve (658,699) 385,764 671,604 945,116 40,061 111,528 2,861 Fund Balance 0 0 0 0 0 0 0 The City Manager is directed to certify the following dollar amount of tax levies in ordinance to the Clay County Auditor: General Fund $2,834,500 General Obligation Bond 0 and to levy taxes for Tax Incremental Financing Districts No. 5, No. 6, and No. 7 Dated at Vermillion, South Dakota this 18th day of September, 2023 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 put to a roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Murra-Y, Price-Y, Ward-Y, Mayor Cole-Y Motion carried 9 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. b. Second reading of Ordinance 1489 – 2024 Appropriations ordinance. John Prescott, City Manager, stated that the final step in the 2024 budget process is second reading of the appropriations ordinance. John stated that the budget ordinance was developed following the City Council budget hearings in August and first reading was approved on September 5th. John reviewed some of the major items included in the 2024 budget ordinance. John stated that per last meetings motion the Vermillion Food Pantry will now receive $10,000 in the budget. John recommended approval of second reading of the budget ordinance for 2024. Discussion followed. Mayor Cole stated that he wanted the Council to address and let the citizens know that they are dipping into the reserve by $500K each year. Cole stated this has happened for the last few years which can become concerning. Discussion followed on reserves. Mayor Cole stated it is important to give our staff a raise, but the Council is also getting a 5% raise. Cole asked for a motion to waive the Council’s COLA of 5%. Council Member Hellwege stated that generally this would be a good idea, but not as an every year thing. Hellwege noted that if someone wanted to run that doesn’t have the means to take time off from work, this would help incentivize them to run. Holland stated that he would generally be okay with the idea, but this being brought up tonight he does not agree because it feels he is being blind-sided. Council Member Murra stated that this would cover what was increased from the previous meeting for the food pantry. Murra stated that having his name in the paper and being called a follower when he was making a decision on his own with the community’s best interests in mind. Discussion followed. Council Member Price stated that tonight it would be fine not to take the 5% tonight and agrees with Council Member Hellwege that this would cause people to want to or not to run for office if it happened every year. Council Member Jennewein stated that in the last year the council has made investments to the community that were not budgeted for and it was known it would be taken from reserves. Jennewein noted that this was not the time to bring this up to the entire council, it could have been brought up before now. Discussion followed on the 2024 budget. Council Member Ward stated he is in favor of not taking the 5%. Ward noted that during the budget sessions the food pantry has been brought up, so it was not something that was new. Ward stated this is not unprecedented and Councils have declined a cola raise. Council Member Hellwege state she does not believe it is blind siding because it was brought up at the Council. Hellwege stated it would not be a bad idea to not take the 5%. It should not be a yearly thing, because some people that would like to run for Council may not be able to afford to miss work or do things without compensation. 344-23 Hellwege motioned to direct staff in the 2024 payroll resolution to decrease the Council and Mayor wages to not include a 5% COLA. Ward second the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 345-23 Second reading of title to Ordinance No. 1489, entitled 2024 Appropriations Ordinance 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. 1489 entitled 2024 Appropriations Ordinance 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 September, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th day of September, 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: PROPOSED ORDINANCE NO. 1489 2024 APPROPRIATION ORDINANCE AN ORDINANCE ADOPTING the 2024 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. 2024 Budget GENERAL FUND REVENUES: General Property Taxes 2,977,300 Sales Tax 2,375,900 Penalties & Interest 4,500 Licenses & Permits 219,000 Cable TV Franchise 90,000 State Intergovernmental 767,500 County Intergovernmental 141,000 Charges for Goods & Services 862,000 Fines & Forfeits 41,000 Miscellaneous Revenues 360,600 TOTAL GENERAL FUND REVENUES 7,838,800 EXPENDITURES: Policy & Administration: General Government 744,442 Finance Office 209,530 Engineering 426,770 Planning & Zoning 650 Code Compliance 276,140 Community Promotion 109,100 Total Policy & Administration 1,766,632 Public Safety & Security: Police Administration & Invest. 673,326 Police Patrol 1,580,172 Fire & Rescue 496,849 Emergency Management 2,200 Ambulance 765,564 Total Public Safety & Security 3,518,111 Maintenance & Transportation: Municipal Garage 178,782 Municipal Service Center 32,146 Street Department 941,521 Snow Removal 90,714 Sweeping & Mowing 169,858 Carpentry 22,525 City Hall Maintenance 103,130 Old Landfill Maintenance 18,000 Old Library 10,000 Airport 90,067 Total Maintenance & Transportation 1,656,743 Human Development & Leisure Services: Library 700,318 Parks & Forestry 475,822 Swimming Pool 340,215 Recreation 291,727 Mosquito Control 16,985 National Guard Armory Center 57,110 Total Human Development & Leisure 1,882,177 TOTAL GENERAL FUND EXPENDITURES 8,823,663 GENERAL FUND NEEDS (984,863) Transfer to 911 Fund - Communications (380,778) Transfer to Prentis Park Debt Service (162,000) Transfer to Capital Projects STIP (900,000) Transfer from Electric Fund 900,000 Transfer from Water Fund 2,306 Transfer from Sewer Fund 1,402 Transfer from Liquor Fund 333,700 Transfer from Library Fine & Gift 5,000 Transfer from Utilities Engineering Fees 136,387 Transfer from BID #1 1,440 Appropriation from Reserve STIP 470,000 Appropriation from Reserve 577,406 GENERAL FUND BALANCE 0 SPECIAL REVENUE FUNDS SECOND CENT SALES TAX FUND Revenues 2,416,200 Expenditures - Second Cent Sales Tax 1,687,400 Transfer to Bike Path Capital Projects (245,918) Transfer to Airport Capital Projects (34,125) Transfer to City Hall Debt Service Fund (337,980) Transfer to Prentis Park GO Debt Service (36,175) Transfer to Golf (58,000) Transfer to Jack Powell (290,600) Transfer in Capital Projects 45,000 Appropriation from Reserve 228,998 SECOND CENT SALES TAX FUND BALANCE 0 PARKS IMPROVEMENT FUND Revenues-Recreation Fees 1,510 Expenditures - Parks Improvements 1,000 Appropriation to Reserve (510) PARKS IMPROVEMENT FUND BALANCE 0 BBB SALES TAX FUND Revenues 415,800 Expenditures 398,600 Appropriation to Reserve (17,200) BBB SALES TAX FUND BALANCE 0 911 FUND -COMMUNICATIONS Revenues 382,979 Expenditures 763,757 Transfer from General Fund 380,778 911FUND FUND BALANCE 0 BUSINESS IMPROVEMENT DISTRICT #1 Revenues 72,000 Expenditures 70,560 Transfer to General Fund 1,440 Business Improvement District #1 Fund Balance 0 STORMWATER MAINTENANCE FUND Revenues - Stormwater Fees 595,995 Expenditures: 595,995 Appropriation from Reserve 0 STORMWATER FEE FUND BALANCE 0 LIBRARY FINE AND GIFT FUND Revenues- Library Fine & Gifts 18,250 Expenditures - Library 19,550 Transfer to General Fund 5,000 Appropriation from Reserve 6,300 LIBRARY FINE AND GIFT FUND BALANCE 0 SPECIAL REVENUE - TIF District No. 5 Revenues 103,285 Expenditures 103,285 SPECIAL REVENUE - TIF 5 FUND BALANCE 0 DEBT SERVICE FUNDS DEBT SERVICE--SPECIAL ASSESSMENT FUND Revenues 62,300 Expenditures 3,876 Transfer to Sales Tax Fund (45,000) Appropriation to Reserve (13,424) DS SPECIAL ASSESSMENT FUND BALANCE 0 DEBT SERVICE-- TIF District No. 6 Revenues 422,545 Expenditures 422,545 DEBT SERVICE - TIF 6 FUND BALANCE 0 DEBT SERVICE-- TIF District No. 7 Revenues 73,538 Expenditures 73,538 DEBT SERVICE - TIF 7 FUND BALANCE 0 DEBT SERVICE - CITY HALL Revenues 5,000 Expenditures 342,980 Transfer from Second Cent Sales Tax Fund 337,980 DEBT SERVICE - CITY HALL FUND BALANCE 0 DEBT SERVICE - PRENTIS PARK GO BOND Revenues 500 Expenditures 198,675 Transfer from Second Penny Sales Tax Fund 36,175 Transfer from General Fund Malt Beverage 162,000 Appropriation to Reserve 0 DEBT SERVICE - PRENTIS PARK BOND FUND BALANCE 0 CAPITAL PROJECTS FUNDS CAPITAL PROJECTS FUND - AIRPORT Revenues 490,875 Expenditures 525,000 Transfer from Second Cent Sales Tax Fund 34,125 CP AIRPORT FUND BALANCE 0 CAPITAL PROJECTS FUND - STIP Revenues 0 Expenditures 900,000 Transfer from STIP 900,000 CP BIKE PATH FUND BALANCE 0 CAPITAL PROJECTS FUND - JACK POWELL ADDITION Revenues 2,248,000 Expenditures 2,538,600 Transfer from Second Cent Sales Tax Fund 290,600 CP BIKE PATH FUND BALANCE 0 CAPITAL PROJECTS FUND - BIKE PATH Revenues 104,082 Expenditures 350,000 Transfer from Second Cent Sales Tax Fund 245,918 CP BIKE PATH FUND BALANCE 0 INTERNAL SERVICE FUNDS (Information Only) Copier - Fax- Equipment Technology Unemployment Postage Custodial Replacement Replacement Fund Fund Fund Fund Fund Revenues Internal Dept Charges - 14,550 93,084 657,276 76,862 Interest on Investments 200 - - 25,000 200 Other Revenues - - - - - Total Revenues 200 14,550 93,084 682,276 77,062 Expenditures Personnel - - 46,377 - 76,442 Operating Expenses 200 14,180 47,464 - 1,860 Capital - - - 1,080,000 - Total Expenditures 200 14,180 93,841 1,080,000 78,302 Transfer in - - - - 2,000 (To) From Reserve - (370) 757 397,724 (760) Fund Balance 0 0 0 0 0 UTILITY AND ENTERPRISE FUNDS (Information Only) Curbside Joint Golf Electric Water Wastewater Powers Liquor Course Recycling Fund Fund Fund Fund Fund Fund Fund Revenues Sales 6,032,790 1,980,000 1,889,488 1,065,000 1,879,000 980,010 141,000 Surcharge 910,292 280,000 390,025 - - - - Other Revenue 1,066,500 51,100 11,800 895,000 - 75,000 500 Interest 160,000 21,000 81,000 25,000 5,000 9,000 1,000 Grants - - - - - - - Total Revenues 8,169,582 2,332,100 2,372,313 1,985,000 1,884,000 1,064,010 142,500 Expenditures Personnel 1,168,047 811,304 577,242 720,930 - 516,780 117,459 Operating Expenses 4,205,325 855,726 808,646 1,020,100 1,538,300 597,666 23,263 Capital 475,320 4,108,280 1,670,200 713,000 12,000 58,000 - Debt Service - 133,964 285,253 500,382 - - - Debt Service Surcharge 681,125 235,670 279,014 - - - - Total Expenditures 6,529,817 6,144,944 3,620,355 2,954,412 1,550,300 1,172,446 140,722 Transfers Out (981,833) (29,583) (28,679) - (333,700) - - Transfers In - - - - - 58,000 - Bond Proceeds - 3,925,000 1,040,000 - - - - (To) From Reserve (657,932) (82,573) 236,721 969,412 - 50,436 (1,778) Fund Balance 0 0 0 0 0 0 0 The City Manager is directed to certify the following dollar amount of tax levies in ordinance to the Clay County Auditor: General Fund $2,977,300 General Obligation Bond 0 and to levy taxes for Tax Incremental Financing Districts No. 5, No. 6, and No. 7 Dated at Vermillion, South Dakota this 18th day of September, 2023 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 Price. Thereafter, the question of the adoption of the Ordinance put to a roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-Y, Jennewein-Y, Letellier-Y, Murra-Y, Price-Y, Ward-Y, Mayor Cole–Y. Motion carried 9 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business a. Resolution authorizing a Community Development Block Grant Project Certifying Officer. John Prescott, City Manager, reported that there are two public hearings earlier on the agenda as part of the process in applying for Community Development Block Grant (CDBG) awards. One public hearing is related to applying for a CDBG award for a project to replace water mains. The second public hearing is part of applying for a CDBG award for the reconstruction of E. Clark Street between N. Dakota Street and N. Plum Street. John noted CDBG awards are federal Housing and Urban Development funds distributed to the states. The Governor's Office of Economic Development (GOED) administers the CDBG program for South Dakota. GOED works in partnership with the planning districts to distribute the CDBG funds. Our planning district, SECOG, would administer the grant and is reimbursed through the CDBG award for their services. John noted as CDBG awards originated as federal funds, the City Council is asked to consider and approve several items related to the use of federal funds. A separate document does not need to be approved for each CDBG application. The City must be able to demonstrate that the most recent version of the document has been adopted as part of a CDBG application. New Business agenda items a, b, and c are related to the two CDBG applications being reviewed as part of this agenda. John noted New Business item 8a is a Resolution authorizing a CDBG Project Certifying Officer. The Resolution proposes that the City Manager would sign grant agreements, contracts, correspondence, pay requests, and other documents. The City Manager has performed these functions for previous CDBG awards received by the City. Authorizing the City Manager to sign contracts does not preclude contracts from being brought before the City Council for approval. 346-23 After reading the same once, Council Member Jennewein moved adoption of the following: AUTHORIZING GOVERNMENTAL RESOLUTION PROJECT CERTIFYING OFFICER WHEREAS, the City of Vermillion is a subgrantee of a Community Development Block Grant from the U.S. Department of Housing and Urban Development as administered by the State of South Dakota; and WHEREAS, the City of Vermillion is required to designate a certifying officer for the purpose of signing required documents pertaining to this grant. NOW THEREFORE, BE IT RESOLVED, that City Manager for the City of Vermillion be hereby designated as the City’s official for the purpose of signing Grant Agreements and Contracts. AND BE IT FURTHER RESOLVED, that City Manager for the City of Vermillion, be hereby designated as the City’s certifying officer for the purpose of signing correspondence, pay requests, and other required documents. Dated at Vermillion, South Dakota this 18th day of September, 2023. 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 Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of, and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. b. Resolution on Fair Housing for CDBG application. John Prescott, City Manager, reported New Business item 8b is a Resolution related to Fair Housing. Demonstration that the local government is committed to Fair Housing is a regular part of federal funding awards. The City is responsible for informing City employees of the City's commitment to Fair Housing, asking City employees to communicate any reports of housing discrimination, and placing the responsibility on the City Manager of forwarding any complaints on to the South Dakota Division of Human Rights within ten days of receipt. 347-23 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION ON FAIR HOUSING WHEREAS, it is the City of Vermillion’s firm belief that discrimination in housing not only threatens the rights and privileges of the citizens of Vermillion but also menaces the institutions and foundations of free and democratic society; and WHEREAS, this body desires to give meaning to the guarantees of equal rights contained in the Constitution and laws of this State and the United States and to encourage and bring about mutual self-respect and understanding among all citizens and groups in the City of Vermillion; and WHEREAS, under the federal fair housing, (Title VIII of the Civil Rights Act of 1968), it is illegal to deny housing to any person because of race, color, religion, sex, or national origin. NOW THEREFORE, BE IT RESOLVED that the City of Vermillion, South Dakota, makes a firm commitment to do all within its power to eliminate prejudice, intolerance, disorder, and discrimination in housing. BE IT FURTHER RESOLVED that the Fair Housing and Equal Opportunity logo will be displayed at the City of Vermillion in the city office and on all official correspondence. BE IT FURTHER RESOLVED that the following procedures will be used to accomplish the purpose of the resolution: 1. The City shall inform all its employees of the City’s commitment to equal housing. 2. The City shall direct all employees to forward immediately to the City Manager any reports they receive of housing discrimination. 3. The City Manager shall forward such complaints to the South Dakota Division of Human Rights within 10 days of receipt of said complaint. Dated at Vermillion, South Dakota this 18th day of September, 2023. 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of, and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. c. Relocation, Displacement, and Acquisition Plan for CDBG application. John Prescott, City Manager, reported that the Relocation, Displacement, and Acquisition Plan document defines the City's obligations related to dwelling units that are demolished or converted to another use other than housing as a result of the use of the federal funds that are part of the grant awards. With respect to the two CDBG applications involved with the public hearings on this agenda, there would be no demolition or conversion of residential properties. If awarded, one project is for the replacement of water mains and the second project is for reconstruction of an existing street. Both projects would take place within existing public right-of-way. 348-23 Council Member Murra moved approval of the Relocation, Displacement, and Acquisition Plan for CDBG application and authorized the mayor to sign. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. d. Request to close N. Dakota St. from the north entrance of McDonald’s to E. Duke Street for the Vermillion Fire/EMS Open House on Wednesday, October 11, 2023, from 4:30 p.m. to 7:30 p.m. Matt Callahan, Fire Chief, reported that the Vermillion Fire EMS Department will be holding their annual Fire/EMS Department Open House the evening of Wednesday, October 11, 2023. Matt noted the Department has requested N. Dakota Street from the north entrance of McDonald’s to E. Duke Street be closed from 4:30 p.m. to 7:30 p.m. on that evening. This is the same closure as was approved and utilized with the last event taking place in 2019. Matt stated a USD parking lot access, an apartment complex parking lot access, and the fire station are the only properties abutting the section of street proposed to be closed. The parking lots have other access points. Matt stated in order to enhance the safety of local pedestrian traffic and visitors during the event, Vermillion Fire/EMS Department has requested N. Dakota Street from the north entrance of McDonalds to E. Duke Street be closed from 4:30 p.m. to 7:30 p.m. on Wednesday, October 11, 2023. The north entrance of McDonald’s will be accessible for their customers. Fire Department equipment has previously been pulled out close to N. Dakota Street so that visitors can look at the equipment. In past years, some visitors to the open house parked on the east side of Dakota Street and crossed mid-block to access the open house. Closing this section of Dakota Street reduces these safety concerns. Matt stated the Vermillion Fire/EMS Department will set up barricades and detour signs at 4:30 p.m. and then take down the barricades and detour signs after the event at 7:30 p.m., as well as do clean up. 349-23 Council Member Murra moved approval of the request to close N. Dakota St. from the north entrance of McDonald’s to E. Duke Street for the Vermillion Fire/EMS Open House on Wednesday, October 11, 2023, from 4:30 p.m. to 7:30 p.m. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. e. Resolution authorizing the donation/transfer of abandoned bicycles. Katie Redden, Finance Officer, reported that the Vermillion Police Department acquires abandoned bikes and holds on to them until the owners retrieve them or until the City Auction which is held in May. This causes a large number of bikes to accumulate at the police station. Kaite stated during the summer, the Vermillion United Way reached out to the Vermillion Police Department to inquire about donating abandoned bicycles, to be redistributed to foster parents and people of need in the community. The South Dakota Department of Corrections also provides an inmate program that refurbishes abandoned bikes for further use. Katie stated this resolution will allow the Police Department to donate/transfer bicycles to the Vermillion United Way or Pedal Power from the Pen after 90 days of being abandoned. 350-23 After reading the same once, Council Member Jennewein moved adoption of the following: RESOLUTION AUTHORIZING THE DONATION OR TRANSFER OF BICYCLES WHEREAS, SDCL 43-41-11 provides that if any abandoned, lost, or confiscated bicycle is under the control or care of or has been placed in storage by any local government agency or law enforcement agency and if more than ninety days have passed since the bicycle first came in the possession of the local government agency or law enforcement agency, the bicycle may be donated to a charitable organization, veterans organization, or benevolent organization that is nonprofit and recognized as tax-exempt under section 501(c)(3), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the United States Internal Revenue Code of 1986 as amended to January 1, 2000, for distribution to the public based on need in a manner to be determined by the charitable, veterans, or benevolent organization; and WHEREAS, SDCL 6-5-2 provides any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; and WHEREAS, the City of Vermillion Police Department has, in its possession, a number of bicycles that have been abandoned, lost, or confiscated for more than ninety days; and WHEREAS, the Vermillion United Way is a nonprofit and recognized as a tax-exempt organization by the United States Internal Revenue Code; and WHEREAS, the South Dakota Department of Corrections is a political subdivision of the State of South Dakota; and WHEREAS, there is a use for these bicycles in the State of South Dakota by residents who need them as to be determined by the Vermillion United Way or Pedal Power from the Pen. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the bicycles held for ninety days or more by the City of Vermillion may hereby be donated to the Vermillion United Way or transferred to Pedal Power from the Pen. Dated at Vermillion, South Dakota this 18th day of September, 2023. 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 Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of, and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. f. Declaration of Fire Department turnout gear surplus. Katie Redden, Finance Officer, reported on a declaration of Fire Department’s turnout gear being surplus. Katie stated that surplus property is made up of items that are no longer needed by the City department. Katie noted the City normally has an auction in the spring to sell any surplus property of City departments. With the purchase of new turnout gear, the Fire Department can no longer utilize the old equipment. With no monetary value, the Fire Department would like to dispose of the old turnout gear. 351-23 Council Member Holland moved approval of the declaration of Fire Department turnout gear surplus. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. g. Transfer of tables from Vermillion Public Library to Vermillion Boys & Girls Club. Katie Redden, Finance Officer, reported on a transfer of tables from the Vermillion Library to the Vermillion Boys and Girls club. Katie stated the Library Foundation purchased new tables for the children’s area in 2023 for the Vermillion Public Library. This purchase caused the Library to have five extra tables that they do not have a use for. Katie noted the Vermillion Boys & Girls Club has reached out to the Library stating they could utilize the five tables for their program. The City can transfer property to another nonprofit organization within the community per state statute. Discussion followed. 352-23 Council Member Jennewein moved approval of the transfer of tables from the Vermillion Library to the Vermillion Boys and Girls Club. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings 10. City Manager's Report a. John reported that City staff identified that Clay Union Electric was serving a customer in the city’s electric service territory. City staff contacted Clay Union Electric about the issue. City staff suggested trading an undeveloped lot in Clay Union’s service territory within the Bliss Pointe subdivision for the city service territory where the customer’s meter was located. This allowed Clay Union Electric to remain as the electrical provider for the customer. Clay Union Electric responded with information that the City was providing electrical service to the Welcome sign at the east entrance to the community. The City was a substantial donor to the Welcome sign and does not meter the electrical usage for the sign as it is connected into the street light system. Not exactly sure how the Welcome sign ended up on City service. The City offered to have Clay Union Electric serve the Welcome sign but noted no usage history could be provided as the City saw providing the electricity to the Welcome sign as a community benefit. Clay Union Electric declined to serve the Welcome sign. The customer in the City’s service territory was transferred from Clay Union Electric to City Light & Power service last week. B. John reported on four upcoming meetings: • City’s Historic Preservation Commission, Wednesday, September 20 at 9:00 a.m. in the Powell Conference room • Library Board meeting on Wednesday, September 20 at 6:00 p.m. in the Kozak room at the Library • Joint Powers Board meeting, Thursday, September 21 at 5:30 p.m. at the Yankton City Hall • Planning & Zoning Commission Meeting, Monday, September 25 at 5:30 p.m.; Conditional Use Permit for the Law Enforcement Center communications tower C. John reported on three Commission openings • Planning & Zoning Commission term that expires in June 2027 • Historic Preservation Commission term that expires in September 2025. Do not need to live in a historic district or own a historic property for this opening. • Human Relations Commission term that expires in May 2026. • Expression of Interest forms are available on the City’s website or at City Hall. Completed forms are due by Noon on Friday, October 6 with appointments at the October 16th meeting. D. John Reminded everyone that the Vermillion High School Homecoming parade is on Friday, September 29. A portion of Main Street between Norbeck Street and High Street will be closed between 1:00 p.m. and 2:30 p.m. as the parade passes. PAYROLL ADDITIONS AND CHANGES Finance: Michaela Robinson $17.02/hr; Fire: Hunter Jackson $25.00/hr; Code: Kalin Bird $30.95/hr; Recreation: Emery Bohnsack $14.00/hr-$11.50/cornhole- $30.00/game, Emily Reiser $11.50/instructor-$30.00-game, Kaitlin Tracy $11.00/hr; Communications: Anthony Iverson $21.47/hr, Ashley Surber $20.95/hr; Golf Maintenance: Caleb Stukel $13.00/hr; Landfill: Mark Milbrodt $28.15/hr; Recycling: Jeremiah Kasha $21.57/hr 11. Invoices Payable Mayor Cole abstained from voting on Item 61 in the invoices payable. 353-23 Council Member Jennewein moved approval of the following invoices: JON COLE MILEAGE REIMBURSEMENT 86.24 Council Member Price seconded the motion. Motion carried 8 to 0 and one abstaining. Mayor Cole declared the motion adopted. 354-23 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 921.66 A & M SERVICES, INC UNIFORM CLEANING 71.60 AMAZON BUSINESS SUPPLIES 459.33 APPEARA SHOP TOWELS 45.00 APWU HEALTHPLAN REFUND AMB OVERPAYMENT 616.80 AT&T MOBILITY MOBILE HOT SPOTS 429.06 AUSTIN FLOWERS NOTARY STAMP REIMBURSEMENT 35.04 AUTO VALUE PARTS 1,648.58 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 23,682.50 BIG STATE INDUSTRIAL SUPPLY GLOVES 479.04 BILL BROWN PROFESSIONAL SERVICES 150.00 BLACKSTONE PUBLISHING BOOKS 200.26 BLUE360 MEDIA BOOK 97.95 BORDER STATES ELEC SUPPLY SUPPLIES 309.41 BROADCASTER PRESS ADVERTISING 834.56 BUHLS CLEANERS MAT/MOP SERVICE 864.92 BUREAU OF ADMINISTRATION TELEPHONE 78.88 BUTLER MACHINERY CO. REPAIRS/PARTS 4,351.22 C & B OPERATIONS, LLC PARTS 636.66 CALLAWAY GOLF MERCHANDISE 2,660.67 CANNON TECHNOLOGIES, INC METERS/CONTROLLERS 50,818.56 CASK & CORK MERCHANDISE 1,314.00 CITY OF VERMILLION LANDFILL VOUCHERS 401.50 CLAY RURAL WATER SYSTEM WATER USAGE 264.50 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,571.96 CORE & MAIN LP AERATORS 10,124.04 CORE-MARK MIDCONTINENT, INC MERCHANDISE 3,166.99 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 1,611.00 DAKOTA BEVERAGE MERCHANDISE 17,606.68 DAKOTA PC WAREHOUSE MONITORS 359.96 DAKOTA TRAFFIC SERVICES LLC SUPPLIES 3,560.00 DAKOTASCAPES, LLC LIONS PARK PLAYGROUND 23,445.00 DAN'S DRAIN & DUCT CLEANING REPAIRS 250.00 DAVID COOPER REFUND AMB OVERPAYMENT 7.78 DEMCO LASER LABELS 185.01 DISPLAY SALES COMPANY BANNER RODS 492.48 DUBOIS CHEMICALS SODA ASH 13,090.00 ECHO ELECTRIC SUPPLY WIRE/VOLTAGE SENSOR 1,929.67 ENERGY LABORATORIES TESTING 2,218.00 GLOBAL DIST. MERCHANDISE 250.50 GLOBAL INDUSTRIAL SOAP DISPENSER 26.49 GOVERNMENT FINANCE OFFICER MEMBERSHIP DUES 190.00 GRAINGER CIRCUIT BREAKER 212.12 GREGG PETERS REIMBURSEMENT FOR STONE 7,466.62 H & R SALVAGE TIRE DISPOSAL FEE 5,133.60 HACH CO CHEMICALS 86.19 HAUGER LAWN SERVICE MOWING/WEEDS 160.00 HAWKINS INC CHEMICALS 1,279.75 HUB INTERNATIONAL NOTARY BOND 50.00 HY VEE FOOD STORE SUPPLIES 192.51 IDENTIFIX SUBSCRIPTION 1,428.00 IN CONTROL, INC PROFESSIONAL SERVICES 262.50 INGRAM BOOKS 2,218.54 ISTATE TRUCK CENTER PARTS 100.60 JAY'S PLUMBING REPAIRS 498.22 JERRY'S SERVICE, INC FUEL 14,180.05 JOHN A CONKLING DIST. MERCHANDISE 4,149.10 JOHN PITTMAN SAFETY BOOTS REIMBURSEMENT 67.12 JOHNSON BROTHERS OF SD MERCHANDISE 20,110.29 JOHNSON CONTROLS REPAIRS 2,892.96 JONES FOOD CENTER SUPPLIES 585.34 JOSE DOMINGUEZ TRAVEL REIMBURSEMENTS 229.91 K & M TIRE TIRE 82.00 KAIROI, INC MAINTENANCE/HOSTING 250.00 KELLEY PAINTING REPAIRS 439.11 KNIFE RIVER MIDWEST, LLC ASPHALT 1,316.45 L.G EVERIST, INC ICING SAND 4,372.04 LONGS PROPANE INC PROPANE 30.00 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,280.00 MATHESON TRI-GAS, INC CYLINDER RENTAL 109.60 MCLEODS PRINTING TRAFFIC TICKETS 840.77 MEREDITH BOOKS BOOK 35.91 MICHELLE DENNIS PROFESSIONAL SERVICES 2,500.00 MICRO MARKETING LLC SUPPLIES 40.49 MIDAMERICAN GAS USAGE 1,161.81 MIDCONTINENT COMMUNICATION INTERNET/CABLE 316.45 MIDWEST ALARM CO ALARM MONITORING 212.10 NALCO COMPANY LLC CHEMICALS 297.27 NCL OF WISCONSIN, INC CHEMICALS 213.31 NETSYS+ PROFESSIONAL SERVICES 166.00 O'REILLY AUTO PARTS PARTS 191.53 OMAHA WORLD HERALD SUBSCRIPTION 264.99 OTIS ELEVATOR COMPANY SERVICE CONTRACT 100.00 PEPSI COLA OF SIOUXLAND MERCHANDISE 327.74 PIZZA RANCH PIZZA 36.79 PLAIN TALK PUBLISHERS SUBSCRIPTION 52.15 PLAYAWAY PRODUCTS BOOKS 334.94 PRESSING MATTERS WARNING TICKETS/UTILITY STUBS 757.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 77.97 PUMP N PAK ICE 18.80 QUADIENT FINANCE USA, INC POSTAGE FOR METER 950.76 QUADIENT LEASING USA, INC POSTAGE MACHINE LEASE 178.39 REDI TOWING TOWING 450.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 11,082.73 RUNNING SUPPLY, LLC SUPPLIES 540.09 SANFORD HEALTH OCCUPATIONAL TESTING 162.00 SD DENR LANDFILL OPERATIONS FEE 4,359.09 SD DEPT OF HEALTH TATTOO INSPECTIONS 300.00 SD MUNICIPAL LEAGUE REGISTRATION 400.00 SD SECRETARY OF STATE NOTARY FILING FEE 30.00 SD STATE TREASURER UNCLAIMED PROPERTY 772.66 SIOUX FALLS KITCHEN & BATH GRANITE TOP 835.00 SIOUXLAND SCALE SERVICE INSPECTION 2,215.60 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,482.27 STAPLES BUSINESS CREDIT SUPPLIES 1,753.90 STERN OIL CO. FUEL 11,947.66 STEWART OIL-TIRE CO TIRES 1,010.00 STOREY KENWORTHY/MATT PARROT DISCONNECT NOTICES 530.67 STUART C. IRBY CO. SUPPLIES 2,013.95 TASTE OF HOME BOOKS BOOKS 113.94 THE UPS STORE #6751 SHIPPING 153.44 TITLEIST-ACUSHNET COMPANY MERCHANDISE 535.98 TODDS ELECTRIC SERVICE REPAIRS 478.82 TYLER TECHNOLOGIES INCODE 10 MIGRATION 11,715.00 UNITED PARCEL SERVICE SHIPPING 117.33 USPS-POC POSTAGE FOR METER 700.00 VAN DIEST SUPPLY CO HERBICIDE 860.33 VERMILLION ACE HARDWARE SUPPLIES/PARTS 522.12 VERMILLION AUTO WORKS REPAIRS 975.00 VERMILLION YOUTH FOOTBALL ONLINE REGISTRATION FEE 8,474.71 WAHLTEK SERVICE CONTRACT 4,529.90 WESCO DISTRIBUTION, INC LIGHT POLES 4,939.23 WH OVER MUSEUM CONTRIBUTION 8,000.00 YAMAHA MOTOR FINANCE CORP GOLF CARS/GPS LEASE 6,622.61 Council Member Jennewein seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda 13. Adjourn 355-23 Council Member Murra moved to adjourn the Council Meeting at 8:05 p.m. Council Member Ward seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 18th day of September, 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 ___________.

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