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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · October 2, 2023

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Minutes

Unapproved Minutes Council Special Session October 2, 2023 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 2, 2023 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Jennewein, Price, Ward, Mayor Cole Absent: Humphrey, Letellier, Murra 2. Adoption of Agenda 356-23 Council Member Ward moved approval of the agenda. Council Member Price seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Vermillion Chamber and Development Company (VCDC) quarterly report – CEO Jim Peterson Jim Peterson, CEO of the VCDC, reported on different happenings within the company. Jim went over housing needs and asked for directions from the council on what they would like to see for Jefferson Street. Jim stated that if sold it would be sold as one parcel and not sectioned off into lots. Discussion followed on the Jefferson development. Jim reviewed Bliss Pointe II lots, business recruitments, and commercial lots in town for sale. 5. Fire Rescue Fee for Service – Fire/EMS Chief Matt Callahan Matt Callahan, Fire Chief, presented a proposal to recapture costs for services from the fire department by proposing a fee schedule. Matt stated that most insurance companies have riders for fires therefore the billing insurance companies and writing off what wasn’t paid by insurance. Discussion followed on a fee schedule for the fire department. Council Member Ward and Price excused themselves at 12:51 breaking quorum. 1 6. Adjourn 357-23 Council Member Ward moved to adjourn the Council special session at 12:51 p.m. Council Member Price seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 2nd day of October, 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 October 2, 2023 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on October 2, 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 18, 2023 Special Session and September 18, 2023 Regular Session 358-23 Council Member Holland moved approval of the September 18, 2023 Special Session and September 18, 2023 Regular Session minutes. Council Member Jennewein seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 2 359-23 Council Member Price moved approval of the agenda with the addition of an executive session per SDCL 1-25-2(1). Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard Dr. Damon Alvey, Superintendent of Vermillion School District, thanked the council and the staff for all the help with school zones and making the Homecoming Parade a success. A. Public Power Week Proclamation Mayor Cole read the following proclamation: WHEREAS, We, the citizens of the City of Vermillion, South Dakota place a high value on local control over community services and, therefore, have chosen to operate a community-owned, locally controlled, not-for- profit electric utility and, as consumers and owners of our electric utility, have a direct say in utility operations and policies that are decided at open public meetings; and WHEREAS, the City of Vermillion Light & Power Department provides our homes, businesses, industry, social services, and government agencies with reliable, efficient, and cost-effective electricity, employing sound business practices designed to ensure the best possible service at not-for-profit rates; and WHEREAS, the City of Vermillion Light & Power Department is a valuable community asset that substantially contributes to the well-being of local citizens through energy efficiency, customer service, environmental protection, economic development, and safety awareness; and WHEREAS, the City of Vermillion Light & Power Department is a dependable and trustworthy institution whose local operation is transparent and continues to make our community a better place in which to live and work; and WHEREAS, the City of Vermillion Light & Power Department will continue to work to bring low-cost, safe, and reliable electricity to community homes and businesses just as it has since 1915, the year in which the utility was created to serve the citizens of the City of Vermillion. NOW, THEREFORE, BE IT RESOLVED that we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim that the week of October 1 through October 7, 2023 be designated as PUBLIC POWER WEEK 3 in order to honor the City of Vermillion Light & Power Department for its contributions to the community and to educate consumer-owners, policy makers, and employees on the benefits of public power. BE IT FURTHER RESOLVED, that our community joins hands with more than 2,000 other public power systems in the United States in this celebration of public power, which put our residents, businesses, and the community before profits. Dated at Vermillion, South Dakota this 2nd day of October, 2023. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By____________________________ Jonathan D. Cole, Mayor ATTEST: By ________________________________ Katie E. Redden, Finance Officer B. Fire Prevention Week Proclamation Mayor Cole Read the following proclamation: WHEREAS, the City of Vermillion is committed to ensuring the safety and security of all those living in and visiting our city; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, cooking is the leading cause of home fires in the United States and fire departments responded to more than 166,400 of them annually between 2016 and 2020; and WHEREAS, two of every five home fires start in the kitchen with 31% of these fires resulting from unattended cooking; and WHEREAS, more than half of reported non-fatal home cooking fire injuries occurred when the victims tried to fight the fire themselves; and WHEREAS, children under five face a higher risk of non-fire burns associated with cooking than being burned in a cooking fire; and WHEREAS, the City of Vermillion residents should turn pot handles toward the back of the stove; always keep a lid nearby when cooking; keep a three-foot kid-free zone around the stove, oven, and other things that 4 could get hot; watch what they heat; and set a timer to remind them that they are cooking; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires almost in half; and WHEREAS, the City of Vermillion’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, the City of Vermillion’s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2023 Fire Prevention WeekTM theme, “Cooking safety starts with YOU. Pay attention to fire preventionTM,” effectively serves to remind us to stay alert and use caution when cooking to reduce the risk of kitchen fires. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim October 8–14, 2023 as FIRE PREVENTION WEEK and urge all citizens to check their kitchens for fire hazards during Fire Prevention Week 2023, use safe cooking practices and support the many public safety activities and efforts of Vermillion’s fire and emergency services. Dated at Vermillion, South Dakota this 2nd day of October, 2023. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________ Jonathan D. Cole, Mayor ATTEST: By ________________________________ Katie E. Redden, Finance Officer C. Native American Day – Vermillion Human Relations Commission Cameron Morgan, a member of the Human Relations Commission, read the following proclamation: 5 WHEREAS, the City of Vermillion recognizes and values the diversity of its residents and the contributions of all cultures that enrich our community; and WHEREAS, Native American Day celebrates the culture, heritage, history, and resilience of indigenous peoples all across the United States; and WHEREAS, thirty-three years ago South Dakota became the first state to officially recognize and celebrate Native American Day; NOW, THEREFORE, we, the Vermillion Human Relations Commission of the qty of Vermillion, do hereby proclaim October 9, 2023 as Native American Day in the City of Vermillion. We encourage residents to participate in events and activities that help us better understand and appreciate the history, culture, and contributions of Native Americans, as well as the unique challenges they continue to face; and to work together to create a more just and equitable society for all. By celebrating our diversity and promoting cultural awareness and understanding, we can create a stronger and more vibrant community. D. Hispanic Heritage Month – Vermillion Human Relations Commission Cameron Morgan, a member of the Human Relations Commission, read the following proclamation: WHEREAS, we, the Vermillion Human Relations Commission, celebrate the rich cultural heritage and contributions of Hispanic and Latino Americans; and WHEREAS, Hispanic and Latino Americans have played an integral role in our city's history and progress; and WHEREAS, we recognize the significance of Hispanic Heritage Month in honoring these contributions; NOW, THEREFORE, we, the Vermillion Human Relations Commission, do hereby proclaim' September 15 to October 15, 2023, as HISPANIC HERITAGE MONTH In the City of Vermillion, South Dakota. We encourage all residents to join us in celebrating the cultural richness and enduring contributions of our Hispanic and Latino neighbors. 6. Public Hearings A. Special Assessment Roll for nuisance abatement. 6 Katie Redden, Finance Officer, reported that on September 5th the City Council adopted a resolution setting the public hearing for tonight for consideration of the special assessment roll. Katie stated that the Notice of Hearing Resolution was published and mailed to the property owners. Katie stated that the assessments are for nuisance abatement for grass/weed removal, snow removal and removal of debris. Katie reported that one assessment has been paid since the notices were mailed and have been removed from the listing. Katie reported that, if adopted, the listed property owners will be sent this resolution allowing 30 days to pay the assessment without interest and if not paid will be certified to the County to be included on next year’s taxes. Discussion followed. 360-23 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION APPROVING THE SPECIAL ASSESSMENT ROLL AND NOTICE OF SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT IN THE CITY OF VERMILLION, SOUTH DAKOTA WHEREAS, the Governing Body of the City of Vermillion, Clay County, South Dakota has established a special assessment roll for defraying the cost of nuisance abatement against the several tracts of real property upon: NUISANCE ABATEMENT as listed at the end of this Resolution in the City of Vermillion, Clay County, South Dakota. The assessment roll was filed in the office of the City Finance Officer of the City of Vermillion, South Dakota on the 28th day of August, 2023; and WHEREAS, said Governing Body, by resolution, fixed this time and place for hearing upon the assessment roll for the 2nd day of October, 2023 and directed the City Finance Officer of the City of Vermillion, Clay County, South Dakota to publish a Resolution and Notice for such hearing in the official newspaper of Vermillion, South Dakota, one week prior to the date set for said hearing; and WHEREAS, said Resolution and Notice described, in general terms, the improvement for which the special assessment is levied, the date of filing of the assessment roll, the time and place for the hearing, that the assessment roll would be open for public inspection at the office of the City Finance Officer of Vermillion, South Dakota, and referred to the assessment roll for further particulars; and WHEREAS, the Finance Officer was further directed to mail a copy of the Resolution and Notice by first-class mail, postage thereon fully prepaid, addressed to the property owners of any property to be assessed for such 7 improvement at their address, as shown by the records of the Director of Equalization, at least one week prior to the date set for the hearing; and WHEREAS, it now appears that the Finance Officer has caused notice of the hearing to be given in the manner provided by the aforementioned Resolution and Notice, and by law; and WHEREAS, all persons interested have been given an opportunity to appear and show cause why the Governing Body should not approve the assessment roll, and the assessments against the respective premises of the owners, and the Governing Body has determined that the assessment roll is in all respects true and correct, and according to law. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, Clay County, South Dakota that the special assessment roll is hereby approved without amendment or change. BE IT FURTHER RESOLVED, that the approved assessment roll be filed in the office of the City Finance Officer the day after approval of the assessment roll. The City Finance Officer shall publish once in the official newspaper of Vermillion, South Dakota, a copy of this Resolution and Notice, along with the approved assessment roll. BE IT FURTHER RESOLVED, that the City Finance Officer shall immediately mail to the owner, or owners, of each lot, parcel or piece of ground as shown by the assessment roll, a copy of this Resolution and Notice along with the approved assessment roll. NOTICE IS HEREBY GIVEN, that the assessments mentioned in the assessment roll will be payable according to the provisions of Plan One as set forth in SDCL Sections 9-43-102 to 9-43-113. NOTICE IS FURTHER GIVEN, that any assessment under Plan One, or any installment thereof, may be paid without interest to the City Finance Officer whose office is located in the Municipal Building at 25 Center Street in the City of Vermillion, South Dakota, at any time within thirty (30) days after the filing of the approved assessment roll in the office of said City Finance Officer. Thereafter, and prior to the due date of the first installment, the entire assessment remaining, plus interest thereon from the filing date to the date of payment may be paid to the said City Finance Officer. No installment under Plan One shall be paid to the said City Finance Officer on or after its due date, and on and after said date such installment shall be paid only to the County Treasurer with interest. 8 NOTICE IS FURTHER GIVEN, that the approved assessment roll will be filed with the City Finance Officer on 3rd day of October, 2023. The assessment is payable in one (1) installment at ten percent (10%) per annum interest on unpaid installments. The first installment due date is January 1, 2024. The assessment roll herein referred to is attached. Dated at Vermillion, South Dakota, this 2nd day of October, 2023. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By:______________________________ Jonathan D. Cole, Mayor ATTEST: By:_________________________________ Katie E Redden, Finance Officer NUISANCE ABATEMENT SPECIAL ASSESSMENT ROLL On various properties as follows: Name Legal Corrective Action Amount Joseph Parlett 15270-00200-030-00 Lot 3 Blk 2 Eastside 211 S Pine: grass tagging 8/12/2022 15.98; debris violation & removal 6/27/2023 345.15; grass tagging and mowing 7/13/2023 138.06; grass tagging & mowing 8/3/2023 42.48 Donald A & Peggy J Larsen 15810-00200-090-00 Lot 9 Blk 2 & N 1/1 Vac E/W Alley Van Meters Addn 500 W Broadway: grass tagging 6/3/2022 15.98 Donald A & Peggy J Larsen 15530-01700-140-00 Lot 14 Blk 17 Original Town 200 S Twelfth: grass tagging 6/13/2022 15.97; grass tagging 8/12/2022 42.60; debris removal 6/13/2022 330.24 Terry M Amundsen 15730-08500-130-06 W 80 of 11 & W 120 of E 203 of Lot 13 Blk 85 Snyders Addition 111 W Dartmouth: snow tagging 1/28/2021 10.65; grass tagging 5/3/2021 31.95; grass tagging & mowing 8/12/2023 106.50 Debra K Maes 15130-00100-200-03 N 1/2 of Lot 19 & 25 of Lot 20 & E 1/2 Vac Alley Adj to Bruyers 323 Linden: grass tagging & mowing 7/15/2022 106.5; grass tagging 8/12/2022 42.60; grass tagging 9/30/2022 69.23; grass tagging & mowing 5/24/2023 106.5 Michael Barkl 15015-00200-010-00 Lot 1 Blk 2 Arobba Addn 2506 E Main: grass tagging 6/13/2022 15.98 9 Christopher Hoover 15880-09251-191-10 S 110 of Lot C Blk 1 E 1/2 E1/2 NE 1/4 19-92-51 Misc 107 S Crawford: grass tagging & mowing 5/24/2021 122.48; grass tagging & mowing 7/28/2021 628.36; grass tagging & mowing 9/30/2021 170.40; grass tagging & mowing 5/18/2022 106.50; grass tagging & mowing 6/20/2022 292.88; grass tagging & mowing 8/12/2022 186.38; grass tagging & mowing 9/30/2022 213.00; grass tagging & mowing 5/25/2023 106.50; grass tagging 6/23/2023 42.60; grass tagging 7/13/2023 69.03; grass tagging & mowing 8/4/2023 185.85; sidewalk violation 8/16/2023 90.27 Bradley Campbell 15760-00000-000-18 E 79.5 of S 144 of W 199.5 & W 25 of C-6 of Outlot C Torstensons 731 W Cedar: snow tagging & removal 1/04/2021 77.21; grass tagging & mowing 5/03/2021 106.50 Doug L Akins 15720-05100-020-00 Lots 1 & 2 Blk 51 Snyders 226 High: snow tagging 1/28/2021 10.65; grass tagging 8/12/2022 15.98; grass tagging & mowing 8/01/2023 106.20 U Stop Pump & Wash, LLC 15540-00100-170-02 E 173.2' of Lot 17 Blk 1 Exc S 90' E & Exc Lot H1 1325 Ouelletes E Cherry: grass tagging & Mowing 5/3/2021 101.18; grass tagging 7/28/2021 31.95; snow tagging & removal 1/5/2023 85.73 Arlene Buchholz C/O Dale Bucholz 15720-05100-100-00 Lot 10 & N 1/2 Lot 9 Blk 51 Snyders 209 Washington: grass tagging 5/3/2021 10.65; grass tagging 5/18/2022 15.98; grass tagging & mowing 6/3/2022 133.13; debris removal 8/17/2022 133.13; grass tagging & Mowing 9/30/2022 159.75 Joshua M Scherrer 15710-07300-140-00 Lot 13 & N 29 or 14 Blk 73 Smiths 107 Forest; snow tagging 1/28/2021 10.65 Kappa Pi Corp 15060-01000-110-00 W 1/2 of 9,10 & 11 Blk 10 Bigelows University 716 E Clark: snow tagging & removal 1/28/2021 77.21; grass tagging 5/24/2021 31.95; grass tagging & mowing 10/18/2021 143.78; grass tagging & mowing 5/18/2022 106.50; snow tagging 1/5/2023 15.98; snow tagging & removal 1/31/2023 112.36; sidewalk encroachment 7/11/2023 185.85 Kappa Pi Corp 15060-01000-140-00 Lot 12, 13, & 14 Blk 10 Bigelows University 309 N Pine: snow tagging 1/5/2023 15.97; debris removal 6/20/2023 102.25 Trystan Hageman 15187-00200-110-00 Lot 11 Blk 2 Countryside Addn 1524 Burbank Rd: grass tagging & mowing 8/10/2022 72.40; snow tagging & removal 1/5/2023 85.73; snow tagging 1/24/2023 42.60; snow tagging & removal 1/31/2023 138.98 10 David & Mayanna Dellinger 15710-07600-160-00 Lot 16 Blk 76 Smiths 25 S Yale Addn: grass tagging 8/12/2022 15.98 Mary E Duncan 15290-00100-190-00 Lot 18 & 19 East View 109 S Pine: grass tagging & mowing 6/3/2022 111.83; grass tagging 7/15/2022 42.60 Michael R & Lea Ella Rumelhart 15270-00300-010-00 Lot 1 Blk 3 Eastside 202 S Pine: grass tagging 10/18/2021 10.65; grass tagging 8/12/2022 15.98 Christy Lee Gratzfeld 15220-00100-100-00 Lot 10 Blk 1 East Acres 303 Catalina: grass tagging 7/15/2022 15.98; snow tagging 1/31/2023 15.98; grass tagging & mowing 5/25/2023 133.13 Patricia L Bornhofen 15130-00100-020-00 Lot 1 & N 1/2 of 2 Blk 1 & W ½ Vacated Alley Bruyers Addn 316 S University: grass tagging & mowing 8/12/2022 106.5 Matthew Charles & Barbara Dieringer 15730-08600-070-21 Lot 11 of Replat of 7 Blk 86 Add to Snyders 421 Elm: grass tagging 9/30/2022 15.98; snow tagging & removal 1/24/2023 85.73; snow tagging 1/31/2023 42.60 The amount of the assessment is payable, under Plan One, at the office of the Clay County Treasurer, in the Courthouse, in the City of Vermillion, Clay County, South Dakota, UNLESS paid to the City Finance Officer, whose office is located in the Municipal Building at 25 Center Street in the City of Vermillion, Clay County, South Dakota, within 30 days after the approved assessment roll is filed in the office of the City Finance Officer. Wherever the work “Lot” appears in this exhibit it shall be construed to include tracts and other parcels of land. 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. B. First reading of Ordinance 1494 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.075 Telecommunications Tower, Antenna Support Structures and Wireless Communications Facilities; adding verbiage exempting government owned telecommunication towers used for public safety from certain ordinance regulations. Jose Dominguez, City Engineer, reported on the first reading of Ordinance 1494. Jose noted the proposed law enforcement center (LEC) will be comprised of the County sheriff offices, the City police department, County jail, and the emergency communications center. As the LEC will 11 receive all the 911 calls and coordinate law enforcement responses to any emergency, the construction of a communications tower is essential. Jose noted the proposed amendment would allow for a telecommunications tower to be constructed on site. It should be noted that the Court House where the sheriff's office, police department, jail, and emergency communications center, are located currently, has an antenna at the top. This antenna is used for government functions to direct emergency responses. The antenna is approximately 75 feet off the ground (25-foot antenna on a 50-foot building). Jose stated the City has published a notice in the Plain Talk advertising tonight’s meeting and on the City’s website. Jose noted the City’s Planning and Zoning Commission (Commission) considered this item at their September 25th meeting. After reviewing the proposed ordinance, the Commission voted 5 to 0 in favor of the City Council adopting the ordinance as proposed by Staff. Jose reported that Section 155.075 sets the regulations for ALL towers in the City. The regulations are intended to “encourage the development of a competitive wireless communications marketplace while protecting health, safety, and welfare.” Jose noted the original intent of the regulations was to promote commercial towers but to ensure that they did not proliferate within the City. The regulations also provided some distance between residential uses and the communication towers. Jose stated the proposed amendments will only apply to government-owned towers used for public safety purposes. The amendments will exempt the towers from the minimum distance between a tower and residential uses, or from requiring a public hearing for their placement. However, the government-owned towers will be required to have a fall radius that keeps towers at least 33 feet from residentially zoned or used properties. Additionally, these towers will be allowed to be within 1/2 mile of other towers. Jose noted government-owned towers will be required to meet all of the other regulations in the section (e.g. FCC and FAA approvals, the maximum heights depending on the number of users, and fencing and screening). 361-23 Mayor Cole read the title to the above mentioned Ordinance and Council Member Murra moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1494 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.075 12 Telecommunications Tower, Antenna Support Structures and Wireless Communications Facilities; adding verbiage exempting government owned telecommunication towers used for public safety from certain ordinance regulations 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 2nd day of October, 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 Humphrey. 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 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. 13 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. 362-23 Second reading of title to Ordinance No. 1493, entitled AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES 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) 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. 1493 entitled Amending City Of Vermillion Code Of Ordinances 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) 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 11th 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 2nd day of October, 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 1493 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES 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) BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Section 155.074, Fences, be amended to include the NC Neighborhood Commercial district to subsection (c), and to include LI Light Industrial district to subsection (d). All other portions of Section 155.074, Fences, will remail as they are. Following is the amendment: 14 (C) For R-1, R-2, R-3, R-4, CB, NC or NRC District, fences not more than 6 feet in height may be erected on any part of a lot other than in the required front yard. Fences not more than 4 feet in height may be located on any part of the lot. (D) For GB, LI, GI, or HI District, fences not more than 8 feet in height may be erected on any part of a lot other than in the required front yard. Dated at Vermillion, South Dakota this 2nd day of October, 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 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, Murra-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. Request to close Court Street from Main Street to alleyway ½ block south and Church Street from Main Street to Kidder Street on Friday October 27, 2023, from 3:30 p.m. to 6:30 p.m. for the VCDC’s Trick or Treat event. John Prescott, City Manager, reported on a street closure for the VCDC’s Trick or Treat event. John noted the Vermillion Area Chamber and Development Company (VCDC) is hosting a Downtown Trick-or-Treating event on Friday, October 27, 2023, from 3:30 p.m. to 6:30 p.m. John stated to enhance the safety of local pedestrian traffic and visitors during the event, the VCDC has requested Court Street from Main Street to the alleyway ½ block south and Church Street from Main Street to Kidder Street be temporarily closed from 3:30 p.m. to 6:30 p.m. on Friday, October 27, 2023. John noted Church Street is included to provide families safe passage and will provide space for overflow vendors, as the Vermillion Public Library is included in the Trick-or-Treat event. The location of the street closures provides an abundance of public parking in the downtown area for the event. 15 John stated this event will be open to the public. The applicant states that each vendor will be responsible for their own clean-up, flyers will be given to surrounding businesses to notify them of the event, and the VCDC will be responsible for moving barricades. The applicant has notified and spoken with the USPS to ensure there would be no conflicts with out-going mail trucks. John reported Vermillion Fire/EMS, Police, and Street Departments have been notified of the event and currently have no concerns. 363-23 Council Member Jennewein moved approval of the request to close Court Street from Main Street to alleyway ½ block south and Church Street from Main Street to Kidder Street on Friday October 27, 2023, from 3:30 p.m. to 6:30 p.m. for the VCDC’s Trick or Treat event. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. B. Resolution adjusting the Storm Drainage Fee Katie Redden, Finance Officer, reported that during the budget process it was proposed to raise the storm drainage fee to provide additional revenues for storm drainage projects. Katie noted that the fee is charged to all properties in the City and is included on the property tax statements. Katie stated that the proposed increase will generate $12,627 of additional revenue for the storm water fund for 2024. Katie reviewed the budgeted expenditures for 2024 for the storm drainage fee. Katie noted that for a residential lot of 10,000 square feet, the fee would go from $35.63 to $36.75 per year. Discussion followed. 364-23 After reading the same once, Council Member Price moved adoption of the following: RESOLUTION TO CHANGE STORMDRAINAGE FEE WHEREAS, Section 53-135 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to change the citywide property drainage fee; and WHEREAS, during the annual budget process it was determined additional revenue would be needed for future storm drainage projects. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof of said City at 7:00 p.m. on the 2nd day of October, 2023 that the fee be changed as follows: 16 The unit financial charge shall be $ 0.000490. Dated at Vermillion, South Dakota this 2nd day of October, 2023. 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 Jennewein. 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. Resolution to designate a loading zone along Cottage Avenue. Jose Dominguez, City Engineer, reported that the City has been contacted by the owners of Pied Piper Vermillion Flowers & Gift (Pied Piper) to see if the City could designate public parking spaces along the east side of Cottage Avenue between East Cherry and East Duke Streets as a loading zone. Jose noted Pied Piper opened a store in the northeast corner of the intersection between East Cherry Street and Cottage Avenue (e.g. 2 East Cherry Street). The owners of 2 East Cherry Street have renovated the building and installed a set of double doors for Pied Piper along the Cottage Avenue frontage. The double doors will be used for incoming freight and to load the delivery truck. Jose stated Pied Piper is requesting that “2 spots” be removed from general parking use for the requested loading zone. However, removing two spots would place the loading zone south of the double doors. Due to this reason, Staff proposes to remove three spots for the loading zone. Staff’s proposal would remove ALL the on-street parking on the east side of Cottage Avenue from East Cherry Street to the north property line of 2 East Cherry Street. Jose noted the loading zone would not be reserved for Pied Piper and may be used by anyone making deliveries, or picking up items, in the area. However, no parking would be allowed in the loading zone. This includes any delivery vehicles not making deliveries. Discussion followed. 17 365-23 After reading the same once, Council Member Holland moved adoption of the following: RESOLUTION TO DESIGNATE A LOADING ZONE ALONG COTTAGE AVENUE WHEREAS, pursuant to the City of Vermillion Code of Ordinances, section 70.071, the City Council may establish, and cause to be designated and marked, streets, and parts thereof, where vehicles may be parked for limited periods of time only or similarly may establish no-parking areas; and WHEREAS, the City is responsible for the safety, security, and general welfare of drivers along City streets; and WHEREAS, there is need for some of the parking along Cottage Avenue to be designated to serve as a loading zone for the adjoining businesses. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota that the 66 feet north of the driveway to 2 East Cherry Street on the east side of Cottage Avenue be designated as a loading zone. Dated at Vermillion, South Dakota this 2nd day of October, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By:__________________________ Jonathan D. Cole Mayor ATTEST: By:_______________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. D. McLaury Engineering, engineering agreement for improvements on East Clark Street from North Dakota to North Plum Street. Jose Dominguez, City Engineer, reported that during the 2023 budget hearings in August, Staff presented a street project that would reconstruct East Clark Street from North Plum to North University Street as part of the 2nd Penny budget. Jose stated at the time the project 18 would have included the complete reconstruction of the street (not including the parking on the north side of East Clark Street), water main replacements at intersections, sanitary sewer manhole improvements, and storm drainage improvements at intersections. Jose noted the City learned that the Community Development Block Grant (CDBG) awards have increased from $750,000 to $2,000,000 and multiple CDBG awards can be used concurrently which may be used for street reconstructions. Due to the new information, Staff is now proposing to reconstruct the street from North Plum to North Dakota Streets, replace ALL the water main along the entire section, and complete similar improvements as previously planned for the sanitary and storm sewers. 366-23 Council Member Price moved approval of the engineering agreement with McLaury Engineering for improvements on East Clark Street from North Dakota to North Plum Street and authorizes staff to sign the agreement. Council Member Murra seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings A. Fuel Quotes Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil for Items 1, 2, 3 and 4. Item 1 - 4,350 gal. unleaded 10% ethanol: Stern Oil $3.08, Jerry’s Service $3.30; Item 2 – 1,000 gal. unleaded regular: Stern Oil $3.28, Jerry’s Servive $3.70; Item 3 – 3,000 gal. No. 2 Diesel fuel dyed: Stern Oil $3.85, Jerry’s Service $4.05; Item 4 - 1,000 gal. No. 2 diesel fuel- clear: Stern Oil $4.13, Jerry’s Service $4.40. 367-23 Council Member Price moved approval of the low quotes of Stern Oil for Items 1, 2, 3 and 4. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 10. City Manager's Report A. John reported on two upcoming Open Houses • Light and Power Open House on Tuesday, October 3 from 11 a.m. to 1 p.m. at 115 W. Duke Street. Free lunch available and opportunity to learn more about your municipally owned public- power utility • EMS and Police Department are hosting an Open House on Wednesday, October 11 from 5:00 p.m. to 7:00 p.m. at the main Fire Station, 19 820 N Dakota Street. Public Safety equipment available to see up-close. Reminder that Dakota Street from the north McDonald’s entrance to W Duke Street will be closed to traffic during the open house. B. John reported on three upcoming meetings: • Human Relations Commission meets on Thursday, October 5 at 5:30 p.m. in the Powell Conference room • City’s Historic Preservation Commission, Wednesday, October 11 at 9:00 a.m. in the Powell Conference room • Planning & Zoning Commission meeting, Tuesday, October 10 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 noted that City offices will be closed next Monday, October 9 for the Native American Day holiday. E. John stated Dakota Days parade is this Saturday, October 7. Main Street from the High School to High Street will be closed that morning for the parade. PAYROLL ADDITIONS AND CHANGES Planning Commission: Al Leber $15.00/meeting, Brandon Wiemers $15.00/meeting; Finance: Katie Redden $43.27; Temp Police: Benjamin Nelsen $30.00/hr; Parks & Recreation: Parker Hanselman $13.00/hr; Library: Kaia Brose, $16.05/hr; Golf Maintenance: Lauren Zick $13.00/hr; Volunteer Firefighters: Peyton Johnson 11. Invoices Payable 368-23 Council Member Price moved approval of the following invoices: A & M SERVICES, INC UNIFORM CLEANING 188.50 A-OX WELDING SUPPLY CO CHEMICALS 2,985.00 ALEX TAGGART MEALS REIMBURSEMENT 120.00 AMAZON BUSINESS BOOKS/DVDS/SUPPLIES 2,906.21 20 ANDREW WICKRE MEALS REIMBURSEMENT 74.00 APPEARA SHOP TOWELS 45.00 ARROW MANUFACTURING PART 188.40 AUTO VALUE PARTS 121.96 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 4,983.30 BIERSCHBACH EQPT & SUPPLY SUPPLIES 445.95 BLACKSTONE PUBLISHING BOOKS 226.31 BLACKSTRAP INC ROAD SALT 3,556.09 BLUEPEAK E911 CIRCUIT/INTERNET/TELEP. 5,288.43 BLUFFS GOLF COURSE ADVERTISING-HOLE MARKER 900.00 BOUND TREE MEDICAL, LLC SUPPLIES 2,296.13 BURNS & MCDONNELL PROFESSIONAL SERVICES 60,589.08 BUTLER MACHINERY CO. PARTS 1,165.75 C & B OPERATIONS, LLC REPAIRS 2,695.41 C & H GOLF BALL MERCHANDISE 3,300.00 CAPITAL ONE SUPPLIES 1,357.52 CARROLL CONSTRUCTION SUPPLIES 738.96 CASK & CORK MERCHANDISE 712.80 CCP INDUSTRIES INC. SUPPLIES 171.95 CENTRALSQUARE TECHNOLOGIES SUBSCRIPTION 756.00 CENTURYLINK TELEPHONE 4.24 CENTURYLINK TELEPHONE 519.50 CHAMBERLAIN OIL CO OIL/SUPPLIES 3,412.11 CITY OF VERMILLION COPIES/POSTAGE 1,060.33 CITY OF VERMILLION UTILITY BILLS 48,605.24 CLAY COUNTY SHERIFFS OFFICE 3RD QTR CUSTODIAL 2,500.00 CMOORE PIT SERVICE PORTA-POT RENTAL 750.00 CNA SURETY DIRECT BILL NOTARY BOND 50.00 COLE VANDEWIELE REFUND REC PROGRAM FEES 20.00 COLONIAL LIFE INSURANCE 2,927.82 CORE & MAIN LP SUPPLIES 7,132.76 CORE-MARK MIDCONTINENT, INC MERCHANDISE 4,864.31 CORY MOORE SAFETY BOOTS REIMBURSEMENT 116.77 DAKOTA BEVERAGE MERCHANDISE 11,708.28 DAKOTA PC WAREHOUSE COMPUTERS/SUPPLIES 3,165.92 DALE CHASING HAWK REFUND REC PROGRAM FEE 20.00 DELTA DENTAL PLAN INSURANCE 6,860.10 DENNIS MARTENS MAINTENANCE 833.34 DIAMOND VOGEL PAINTS SUPPLIES 51.70 DIVISION OF MOTOR VEHICLE TITLE/PLATES 30.00 DUBOIS CHEMICALS SODA ASH 13,090.00 21 ECHO ELECTRIC SUPPLY PARTS 2,027.16 ELIZA WILGERS REIMBURSEMENTS 71.82 ELLIE GOETZINGER REIMBURSEMENTS 69.75 ENERGY LABORATORIES TESTING 2,104.00 ERIC McPHERSON MEALS REIMBURSEMENT 74.00 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,675.80 EUROFINS ENVIRONMENT TESTING TESTING 673.00 FIRE CATT, LLC TESTING 2,106.00 GALLS INCORPORATED WORK SHIRTS 99.42 GLOBAL DIST. MERCHANDISE 447.92 GRAYMONT (WI) LLC CHEMICALS 12,398.48 GREGG PETERS FREIGHT 1,919.58 GREGG PETERS RENT 937.50 HACH CO SUPPLIES 257.00 HANDTEVY ANNUAL SUPPORT 1,391.08 HEIMAN FIRE EQUIPMENT FIREFIGHTER EQUIPMENT 6,444.39 HIGH POINT NETWORKS PROFESSIONAL SERVICES 112.50 HY VEE FOOD STORE SUPPLIES 109.53 IN CONTROL, INC PROFESSIONAL SERVICES 656.25 INGRAM BOOKS 2,064.38 JANSEN LAWN PROFESSIONAL SERVICES 150.00 JERRY'S CHEVROLET BUICK GM PART 288.05 JESSICA ECK CREDIT CARD REIMBURSEMENT 20.00 JOHN A CONKLING DIST. MERCHANDISE 3,721.65 JOHNSEN HEATING & COOLING REPAIRS 677.55 JOHNSON BROTHERS OF SD MERCHANDISE 18,688.63 JONES FOOD CENTER SUPPLIES 285.87 JOSH ANGLIN REPAIRS 625.00 K & M TIRE PART 31.00 KENDRA BREWER MILEAGE REIMBURSEMENT 73.95 KNIFE RIVER MIDWEST, LLC ASPHALT 1,920.92 KNOX COMPANY KNOX PADLOCK 870.00 LEISURE LAWNS, LLC LAWN APPLICATIONS 111.00 LESSMAN ELEC. SUPPLY CO SUPPLIES 365.50 LOFFLER COPIER CONTRACT 48.08 M & T FIRE AND SAFETY INC FIREFIGHTER EQUIPMENT 72,566.42 MART AUTO BODY & MARINE LLC TOWING 810.00 MATHESON TRI-GAS, INC MEDICAL OXYGEN/CYLINDER RENT 774.86 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 292.50 MICHAEL HEINE MEALS REIMBURSEMENT 74.00 MICHAEL WATTERSON MEALS REIMBURSEMENT 74.00 22 MICRO MARKETING LLC BOOKS 118.50 MIDWEST PETROLEUM EQUIPMENT GASOLINE INCH LEVEL 200.43 MIDWEST READY MIX & EQUIPMENT FLOWABLE FILL/RED ROCK 2,092.00 MIKE FORD REFUND REC PROGRAM FEES 20.00 MIZUNO USA, INC MERCHANDISE 736.41 MOORE WELDING & MFG AUGER REPAIRS 92.50 MOTOROLA INC RADIO'S 9,584.17 NATIONAL INDUSTRIAL & SAFETY SAFETY GLASSES 119.76 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 NETSYS+ PROFESSIONAL SERVICES 1,329.75 O'REILLY AUTO PARTS PARTS 202.81 ODEYS INC SUPPLIES 2,935.00 OKOBOJI WINES-SD MERCHANDISE 297.00 PCC, INC PROFESSIONAL SERVICES 2,010.45 PEPSI COLA OF SIOUXLAND MERCHANDISE 319.07 PHELPS WORK SHIRTS 407.90 PIONEER RESEARCH SUPPLIES 897.79 POSITIVE PROMOTIONS OPEN HOUSE SUPPLIES 1,171.22 PRESSING MATTERS NOTARY STAMP 33.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 69.61 QUADIENT FINANCE USA, INC POSTAGE FEE 13.36 RACOM CORPORATION MAINTENANCE 473.98 REDI TOWING TOWING 1,240.00 REEL SHARP PARTS 896.28 REPUBLIC NATIONAL DIST MERCHANDISE 12,302.38 RESCO SUPPLIES 7,438.25 ROBIN HOWER REFUND REC PROGRAM FEES 20.00 ROUNDS CONSTRUCTION LEACHE POND #2 554,205.80 RUNNING SUPPLY, LLC SUPPLIES 1,474.02 RUSSELL FRAZIER MILEAGE REIMBURSEMENT 169.20 SANDOVAL CUSTOM CREATIONS POLICE EQUIPMENT 6,672.00 SANFORD HEALTH SUPPLIES 883.10 SANFORD HEALTH OCCUPATIONAL TESTING 901.00 SANITATION PRODUCTS INC PART 30.74 SD ASSOC. OF RURAL WTR SYS ANNUAL DUES 1,240.00 SD DEPT OF TRANSPORTATION PROFESSIONAL SERVICES 187.33 SD PUBLIC HEALTH LABORATORIES TESTING 587.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 98,219.98 SD SECRETARY OF STATE NOTARY FILING FEE 30.00 SERVICE MASTER OF SE SOUTH DAK. CUSTODIAL 4,082.10 SHANE GRIESE MEALS REIMBURSEMENT 74.00 23 SHANNA FORMISANO REFUND REC PROGRAM FEES 25.00 SOOLAND BOBCAT PARTS 167.09 SOUTHERN GLAZER'S OF SD MERCHANDISE 12,734.42 STEWART OIL-TIRE CO TIRE REPAIR 200.00 STRYKER SALES CORPORATION BATTERIES 2,184.00 TASTE OF HOME BOOKS BOOK 38.98 TEAM GOLF MERCHANDISE 1,846.05 THE UPS STORE #6751 SHIPPING 16.76 TITLEIST-ACUSHNET COMPANY MERCHANDISE 448.35 TURNER PLUMBING REPAIRS 126.82 TWO WAY SOLUTIONS MIC W/ CLIP 65.98 ULINE SUPPLIES 86.93 UNITED WAY CONTRIBUTIONS 674.07 UNUM LIFE INSURANCE COMPANY INSURANCE 1,134.63 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,400.00 VAN DIEST SUPPLY CO SUPPLIES 827.43 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 2,794.05 VERMILLION ACE HARDWARE MOTOMIX FUEL 838.09 VERMILLION GARBAGE SERVICE WASTE HAULING 1,388.52 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 11,312.58 WADE MOUNT MEALS REIMBURSEMENT 74.00 WALKER CONSTRUCTION INC PRENTIS PARK WALL-BLOCKS 13,142.70 WILLIAMS & CO. 2022 AUDIT 2,925.00 ZIEGLER INC PARTS 310.78 ZIMCO SUPPLY CO SUPPLIES 4,452.00 Council Member Ward seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of October 16, 2023 for the transfer of a Retail (on-sale) Liquor license to Thirsty Scholars, Inc. from BeBee Street II, Inc. both located at 18 W. Main Street. B. Set a public hearing date of October 16, 2023 for a Retail (on-off sale) Malt Beverage & SD Farm Wine license for Thirsty Scholars, Inc. located at 18 W. Main Street. 369-23 Council Member Price moved approval of the consensus agenda. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 24 13. Executive Session per SDCL 1-25-2(3) 370-23 Council Member Ward moved to go into Executive Session per SDCL 1-25- 2(1) at 7:44 p.m. Council Member Murra seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Mayor Cole declared the Council out of Executive Session at 8:34 p.m. 371-23 Council Member Price moved to adjust the Finance Officer’s wage to $90,000 as of July 30th, 2023. Council Member Hellwege second the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 14. Adjourn 372-23 Council Member Ward moved to adjourn the Council Meeting at 8:34 p.m. Council Member Murra seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 2nd day of October, 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 ___________. 25

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