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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · October 16, 2023

AgendaMinutes

Minutes

Unapproved Minutes Council Special Session October 16, 2023 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 16, 2023 at 12:00 noon at the Municipal Liquor Store. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2. Adoption of Agenda 373-23 Council Member Holland moved approval of the agenda. Council Member Ward seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Tour and update on Municipal Liquor Store operations – Gregg Peters Gregg Peters, Liquor Store Manager, gave a tour of the renovated Liquor Store. Gregg noted that this design allows them to display all their smaller bottles of alcohol behind the counter deterring theft of smaller products. Gregg also went over the changes that have happened since 2005 when they took over the management of the liquor store, such as renovations and revenues. The Council reviewed the current agreement and discussed when the next agreement would need to be adjusted. 5. Briefing on the October 16, 2023 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 6. Adjourn 374-23 Council Member Murra moved to adjourn the Council special session at 12:30 p.m. Council Member Ward seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 1 Dated at Vermillion, South Dakota this 16th 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 16, 2023 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on October 16, 2023 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Price, Ward, Mayor Cole Absent: Murra 2. Pledge of Allegiance 3. Minutes A. Minutes of October 2, 2023, Special Session and October 2, 2023, Regular Session 375-23 Council Member Holland moved approval of the October 2, 2023, Special Session and October 2, 2023 Regular Session minutes. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 376-23 Council Member Humphrey moved approval of the agenda. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 2 A. Vermillion High School Boys State A Golf Championship Proclamation Mayor Cole read the following proclamation: WHEREAS, the City of Vermillion wishes to honor and recognize the Vermillion High School Boys Golf Team on their winning season; and WHEREAS, the commitment required for student-athletes to be a part of a sports team includes meeting required grade and attendance requirements, in addition to attending daily practices and scheduled competition events; and WHEREAS, the Vermillion Boys High School Golf Team were the defending State A Champions having won the 2022 State Title; and WHEREAS, on October 2 and 3, 2023, the Vermillion High School Boys Golf Team competed in the Class A State Championship at Hart Ranch Golf Course in Rapid City, South Dakota; and WHEREAS, the 2023 Vermillion High School Boys Golf Team won the South Dakota State A Championship with a 1-stroke margin over the runner-up team, Tea Titans; and WHEREAS, all members of the golf team contributed during the season to the success of the State Championship through team practices, encouraging and challenging each other, and team play at meets. Vermillion High School Boys team members not playing at the State Championship but crucial in building the State Championship team are: Hunter Barney, Kellen Beach, Jeran Carr, Ayden Clodfelter, Jacob Emerson, William Fisher, Mason Freeling, Ben Green, Lucas Green, Bennett Heine, Tysen Hovden, Beckett Johnson, Rory Merrigan, Jack Moskowitz, Dan Pittman, Logan Rohde, Micah Wiemers and Volunteer Assistant Coach Nick Hovden; and WHEREAS, the 2023 Vermillion High School Boys Golf Team was guided by coach Kirk Hogen, whose guidance and hard work demonstrates his commitment to the team and the Vermillion community. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, for and on behalf of its citizens, do hereby wish to recognize and extend congratulations to the seven players of the 2023 Vermillion High School Boys State Golf Team and coaching staff for winning the 2023 South Dakota State A Championship: Cooper Girard, Carter Hansen, Trey Hansen, Jack Johnson, Rylan Moran, Karson Preister, Kade Reuvers, and Coach Kirk Hogen. Dated at Vermillion, South Dakota this 16th day of October 2023. 3 FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________ Jonathan D. Cole, Mayor ATTEST: By ________________________________ Katie E. Redden, Finance Officer 6. Public Hearings A. Transfer of a Retail (on-sale) Liquor license at 18 W. Main Street from BeBee Street II, Inc. to Thirsty Scholars, Inc. Austin Flowers, Deputy Finance Officer, reported on an application for the transfer of a Retail (on-sale) Liquor license from BeBee Street II, Inc. to Thirsty Scholars, Inc. at 18 W Main Street. Austin noted this license will expire December 31, 2023. Austin stated that the Council has the ability to issue licenses on two criteria: suitable applicant and suitable location. Austin noted as to the suitable applicant, the owner, Jared Heiden, has submitted information to the FBI and South Dakota DCI for background checks. Those background checks are currently pending. Austin reported the Police Chief’s report states that a check of the Vermillion Police Department records does not show any contacts that would preclude the owner from receiving the transfer of the license. The full report is included in the packet. Austin reported that with respect to the location criteria, this license will be issued at 18 W. Main Street in the downtown business district. This is the same address where the license was previously held. 377-23 Council Member Jennewein moved approval of the Transfer of a Retail (on- sale) Liquor license at 18 W. Main Street from BeBee Street II, Inc. to Thirsty Scholars, Inc. contingent on the background checks coming back clear. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Retail (on-off sale) Malt Beverage & South Dakota Farm Wine license for Thirsty Scholars, Inc. located at 18 W. Main Street. Austin Flowers, Deputy Finance Officer, reported on an application for a Retail (on-off sale) Malt Beverage and SD Farm Wine license for Thirsty Scholars, Inc. at 18 W Main Street. Austin noted this license will expire June 30, 2024. 4 Austin stated that the Council has the ability to issue licenses on two criteria: suitable applicant and suitable location. Austin noted as to the suitable applicant, the owner, Jared Heiden, has submitted information to the FBI and South Dakota DCI for background checks. Those background checks are currently pending. Austin reported the Police Chief’s report states that a check of the Vermillion Police Department records does not show any contacts that would preclude the owner from receiving the transfer of the license. The full report is included in the packet. Austin reported that with respect to the location criteria, this license will be issued at 18 W. Main Street in the downtown business district. This is the same address where the license was previously held. 378-23 Council Member Holland moved approval of the Retail (on-off sale) Malt Beverage & South Dakota Farm Wine license for Thirsty Scholars, Inc. located at 18 W. Main Street contingent on the background checks coming back clear. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Request for variance to decrease the east side-yard setback from 10 feet to 1 foot for the construction and operation of a new contractor’s shop building at 410 8th Street (legally described as Lot 1, Block 1, Fostvedt Addition, City of Vermillion, Clay County, South Dakota). Jose Dominguez, City Engineer, reported that the City received a petition requesting that the minimum side-yard setback be reduced along the east property line from 10 feet to 1 foot for the construction and operation of a contractor’s shop at 410 8th Street. The request was made by the owner, Mr. Kolly C. Fostvedt. Jose noted that the City Council, acting as the Board of Adjustment (Board), hears and decides on any zoning ordinance variance requests. Section 155.100 of the Zoning Ordinance sets what items may be varied and the process that needs to be followed. Jose noted setbacks and area are items that can be varied by the Board. The applicant is seeking this variance so that a building of their desired size fits within the existing lot. Prior to deciding, the Board needs to consider any public comment and review the following factors: Requirements: Unnecessary hardship where an owner cannot reasonably use their property. Convenience, loss of profit, financial limitations, or self-imposed hardships shall not be considered. Staff Comments: The property may still be used without the variance being granted. However, the size of the building would have to be reduced to 5 fit into the lot. Staff would consider this as a self-imposed hardship since the size of the lot was known. Requirements: Literal interpretation would deprive applicant rights commonly enjoyed by others. Staff Comments: The construction of the proposed structure could not take place without the variance being granted. Requirements: Variance requested is the minimum variance needed to alleviate hardship. Staff Comments: This would be the minimum variance to alleviate the hardship as described. Requirements: Granting variance will comply with the general purpose and intent of this chapter and will not be offensive to adjacent areas or to the public. Staff Comments: Diminishing the east side-yard setback from 10 feet to 1 foot will not negatively affect adjacent owner on the east. Requirements: Other nonconforming uses, or structures, cannot be considered as grounds for the issuance of variance. Staff Comments: Since 2008 the City Council has considered 14 setback variance requests. Of these, 11 were granted and three were denied. Requirements: Exceptional and extraordinary circumstances apply to the property that do not apply to other properties in the same zone or vicinity. Staff Comments: There are no exceptional or extraordinary circumstances that apply to this property. Requirements: The Board of Adjustments may attach conditions to a variance to preserve the intent of the zoning regulations and to protect the public interest. Staff Comments: Staff does not have any additional conditions to suggest currently. Jose noted staff recommends that the variance decreasing the east side- yard setback from 10 feet to 1 foot be granted. 6 379-23 Council Member Ward moved approval of the variance to decrease the east side-yard setback from 10 feet to 1 foot for the construction and operation of a new contractor’s shop building at 410 8th Street (legally described as Lot 1, Block 1, Fostvedt Addition, City of Vermillion, Clay County, South Dakota). Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. D. First reading of Ordinance 1495 – Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.039, GI General Industrial District, (A) Permitted Uses, to include “Motor vehicle sales, display, and rental” as a Permitted Use. Jose Dominguez, City Engineer, reported on the First reading of Ordinance 1495 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations, Section 155.039, GI General Industrial District, (A) Permitted Uses, to include “Motor vehicle sales, display, and rental” as a Permitted Use. Jose stated since the latest large revision of the City’s zoning ordinance in 2019, the City has received several inquiries about locating new car dealerships in the City. Currently car dealerships (e.g., motor vehicle sales, display, and rental uses) are only allowed in the GB General Business district as a permitted use and in the Cottage Place PDD and Bliss Pointe PDD as conditional uses. Jose noted this restricts the location of car dealerships to Cherry and Princeton Streets. The Bliss Pointe PDD allows car dealerships but restricts the number of vehicles being displayed. Jose stated the car dealerships located in one of the two PDDs also go through a conditional use process, which may place additional conditions on the use depending on development circumstances. Jose noted the City’s Planning and Zoning Commission (Commission) considered this item at their October 10th 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 stated that neither the current Zoning Ordinance adopted in 2019 nor the amendments to the zoning ordinance in 2008 allowed for car dealerships outside of the districts already mentioned. Staff believes that directing car dealerships to a business zoning district was intended to diminish any possible conflicts between residential and commercial uses. Jose noted the amendment being proposed by Staff would expand the areas where car dealerships are allowed to include the GI General Industrial district. This would open areas for new car dealerships to areas between Stanford and Princeton Streets north of West Cherry Street, and to an 7 area roughly bounded by Jefferson (extended) and North Crawford Streets north of East Cherry Street. Jose stated the new areas would be appropriate for this use since they are already allowed for industrial use. Allowing this use would increase the available locations through the community for the use. 380-23 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Price moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1495 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.039, GI General Industrial District, (A) Permitted Uses, to include “Motor vehicle sales, display, and rental” as a Permitted Use 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 16th 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 8 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 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 second 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 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 on the top. This antenna is used for government functions to direct emergency 8 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). 381-23 Second reading of title to Ordinance No. 1494, entitled An Ordinance Amending 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 for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named Ordinance, and Council Member Jennewein moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1494 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.075 Telecommunications Tower, Antenna Support Structures and Wireless 9 Communications Facilities; adding verbiage exempting government-owned telecommunication towers used for public safety from certain ordinance regulations 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 2nd day of October, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 16th 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 1494 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES 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. 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 155.075, Telecommunications Tower, Antenna Support Structures and Wireless Communications Facilities be amended to exempt government-owned telecommunication towers used for public safety purposes from subsections (A) and (B). All other portions of Section 155.075 Telecommunications Tower, Antenna Support Structures and Wireless Communications Facilities will remain as they are. Following is the amendment: § 155.075 TELECOMMUNICATIONS TOWER, ANTENNA SUPPORT STRUCTURES AND WIRELESS COMMUNICATIONS FACILITIES. Regulations regarding development of telecommunications towers, antenna structures and wireless communications facilities are intended to encourage the development of a competitive wireless communications marketplace while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the community. The regulations cover the placement, construction, and modification of telecommunications facilities. Telecommunication towers owned by a governmental entity (e.g., City, County, State, or Federal government) and used for public safety purposes are exempt from sections 155.075 (A) and (B). Additionally, at no point shall a government-owned telecommunications tower’s fall radius be closer than 33 feet from a residentially zoned or used property. Dated at Vermillion, South Dakota this 16th day of October, 2023. 10 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 Humphrey. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Holland -Y, Humphrey -Y, Jennewein-Y, Price -Y, Letellier -Y, Ward -Y, Mayor Cole -Y. Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Request to close W. Main Street from west line of the Court Street intersection west to alleyway between Market Street and Austin Street, Market Street from W. Main Street to Kidder Street, and Prospect Street from W. Main Street to ½ a block north on Thursday, December 7, 2023 from 4:00 p.m. to 7:30 p.m. for the Vermillion Area Chamber and Development Company’s Standstill Parade of Lights. Jack Baustian, Assistant to the City Manager, reported that the Vermillion Area Chamber and Development Company (VCDC) is planning this year’s Standstill Parade of Lights, which is scheduled to take place on Thursday, December 7, 2023. Jack noted the “standstill” parade will take place on W. Main Street from the west line of the intersection of Main and Court Street west through Ratingen Platz to the alleyway between Market and Austin Streets. Market Street from W. Main Street to Kidder Street and Prospect Street from W. Main Street to ½ a block north will also be closed for the event. Jack noted the public will be encouraged to walk up and down W. Main Street to view the different parade entries and the annual tree lighting will take place at Ratingen Platz. The street closure request for this year’s event states that the closure is requested from 4:00 p.m. to 7:30 p.m. The event will run from 6:00 p.m. to 7:00 p.m. Jack stated this request is larger than last year’s request and the VCDC has supplied the signatures of all businesses that will be affected by the expansion. The VCDC indicated they will contact downtown businesses to make them aware of the street closing. The request has been reviewed by the Street, Fire-EMS, and Police Departments. These City Departments have no concerns with the street closure request. The City will assist 11 with putting up signs and cones forecasting the 4:30 p.m. closure and will help to clear remaining vehicles until 5:00 p.m. 382-23 Council Member Hellwege moved approval of the request to close W. Main Street from west line of the Court Street intersection west to alleyway between Market Street and Austin Street, Market Street from W. Main Street to Kidder Street, and Prospect Street from W. Main Street to ½ a block north on Thursday, December 7, 2023 from 4:00 p.m. to 7:30 p.m. for the Vermillion Area Chamber and Development Company’s Standstill Parade of Lights. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Permit for the consumption but not the sale of alcoholic beverages for the Vermillion Area Farmers Market during the Trick or Treat at the Market event on Thursday, October 26, 2023 from 4:00 p.m. to 6:30 p.m. at 515 High Street. Austin Flowers, Deputy Finance Officer, reported Grace Freeman, on behalf of the Vermillion Area Farmers Market, has requested a permit to consume alcoholic beverages on public property for sampling of local beer and wine at the Trick or Treat at the Market event to be held on Thursday, October 26, 2023 from 4:00 p.m. to 6:30 p.m. at 515 High Street. Austin noted this is a free event for the public. Identification will be checked prior to serving the alcohol. A copy of the application for the event is attached. 383-23 Council Member Jennewein moved approval of the Permit for the consumption but not the sale of alcoholic beverages for the Vermillion Area Farmers Market during the Trick or Treat at the Market event on Thursday, October 26, 2023 from 4:00 p.m. to 6:30 p.m. at 515 High Street. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Planning and Zoning Commission member appointment. Mayor Cole appointed William Ames to the Planning and Zoning commission for the term to expire in June of 2027. Council Member Letellier stated that Mr. Kronaizl has qualities that would strengthen the committee such as being from Vermillion, being in a younger demographic, and also being a renter. Letellier noted that he would support Mr. Kronaizl’s application. 12 Council Member Ward asked if the Mayor asked Council for their opinion and asked if the Mayor took that into account. Mayor Cole noted that he got three replies from his email. Council Member Hellwege stated that she is torn, and a lopsided interjection of information is being given since the Mayor does personal phone interviews that the council members do not get to have. Hellwege noted that the expression of interest forms should be changed to have more information therefore the Mayor wouldn’t have to do phone interviews. Dicsussion followed on expression of interest forms and how information is received via the phone interviews conducted by the Mayor. 384-23 Council Member Humphrey moved approval of the appointing of Williams Ames to the Planning and Zoning commission for the term to expire in June of 2027. Council Member Ward seconded the motion. Motion carried 5 to 3. Mayor Cole declared the motion adopted. Council Member Hellwege requested further discussion and requested that separate conversations need to happen regarding procedures on appointments, so they do not happen while the Council is approving an appointment. D. Historic Preservation Commission member appointment. Mayor Cole appointed William Dendinger to the Historic Preservation Commission for the term expiring September 2025. 385-23 Council Member Price moved approval of appointing William Dendinger to the Historic Preservation Commission for the term expiring September 2025. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Human Relations Commission member appointment. Mayor Cole appointed Kia Kronaizl to the Human Relations Commission for the term to expire May 2026. Council Member Ward stated he is supporting Kia and he thanked Professor Tweedy for applying. 13 386-23 Council Member Ward moved approval of appointing Kia Kronaizl to the Human Relations Commission for the term to expire May 2026. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. F. Policies and Procedures Committee report. Council Member Ward reported on the Policies and Procedures committee report. Ward stated that two topics were discussed in which those were campaign donations and in-kind reporting policy and landscaping standards. Ward stated the committee requested staff to produce a campaign donations reporting ordinance for the entire Council to review. Ward stated for the landscaping standards staff was directed to research and bring back a draft to the Policy and Procedures committee for review. 387-23 Council Member Humphrey moved acceptance of the Policy and Procedures committee report. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings 10. City Manager's Report A. John reported on three upcoming meetings: • Library Board meeting on Wednesday, October 18 at 6:00 p.m. in the Library’s Kozak room • Human Relations Commission meets on Thursday, November 2 at 5:30 p.m. in the Powell Conference room B. John noted this Saturday is the final Saturday hours at the landfill for 2023. The landfill will be open from 8:00 a.m. to noon this Saturday, October 21. The recycling center will also be open on October 21 from 9 a.m. to noon. The recycling center will continue to be open on the 1st and 3rd Saturdays of the month. C. John stated the VCDC’s Trick or Treat event is on Friday, October 27, 2023. Portions of Church Street and Court Street will be closed from 3:30 p.m. to 6:30 p.m. to facilitate the event, which starts at 4:00 p.m. D. John noted that one replat was completed by City staff. These are reported to the City Council so that the information is entered into the minutes. Lots 3C and 3D of Block 6, Erickson Addition were replatted as Lots 3E and 3F. This is the property along the west side of Princeton Street between Casey’s and McHenry Street. 14 E. John reported one raffle request: St. Agnes is selling Fall Festival raffle tickets at $1.00 each. There is no grand prize. Parishioners donate cash and/or prizes for the raffle. Proceeds from the raffle will go to the church. The drawing is on Sunday, October 22, 2023 during the Fall Festival. F. John reported that Tuesday, October 3 the Law Enforcement Center had their groundbreaking and some work will start happening in that area. PAYROLL ADDITIONS AND CHANGES Temp Police: Andrew Delgado $30/hr; Police: Hunter Medbourn $24.21/hr, Tevin Mielitz $24.82/hr; Communications: Amanda Arndt $22.01/hr 11. Invoices Payable 388-23 Council Member Humphrey moved approval of the following invoices: 4IMPRINT CERAMIC MUGS-OPEN HOUSE 809.07 A & B BUSINESS, INC COPIER CONTRACT 202.69 A & M SERVICES, INC UNIFORM CLEANING 119.20 ADB SAFEGATE AMERICAS LLC REPAIRS 273.93 AMAZON BUSINESS SUPPLIES 846.25 ARVID KRUEGER TRAVEL REIMBURSEMENTS 743.75 AT&T MOBILITY MOBILE HOT SPOTS 422.58 AUTO VALUE PARTS 390.08 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 15,022.70 BIERSCHBACH EQPT & SUPPLY SEALANT 36.55 BLACKSTONE PUBLISHING BOOKS 402.25 BOUND TREE MEDICAL, LLC SUPPLIES 2,373.75 BROADCASTER PRESS ADVERTISING 3,791.06 BROOKINGS PUBLIC LIBRARY BOOK REPLACEMENT FEES 45.00 BUHLS CLEANERS MAT/MOP SERVICE 671.28 CANNON TECHNOLOGIES, INC YUKON SERVER MIGRATION FEE 3,500.00 CARDIS FENCE & IRON CO CHAIN LINK FENCE 85,400.00 CASK & CORK MERCHANDISE 640.80 CENTRAL STATES WIRE PRODUCTS GALV COIL 3,461.50 CENTURYLINK TELEPHONE 74.02 CHAMBERLAIN OIL CO HOSE 85.00 CINTAS SUPPLIES 131.42 CITY OF VERMILLION LANDFILL VOUCHERS 113.50 CLAY RURAL WATER SYSTEM WATER USAGE 211.20 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,502.11 15 CMOORE PIT SERVICE PORTA-POT RENTAL 750.00 CORE-MARK MIDCONTINENT, INC MERCHANDISE 742.57 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 2,032.00 D-P TOOLS SUPPLIES 16.24 DAKOTA BEVERAGE MERCHANDISE 18,659.00 DAKOTA PC WAREHOUSE COMPUTER/SUPPLIES 719.96 DAKOTA RIGGERS & TOOL SUPPLY PARTS 228.24 DALE'S SERVICE BULLSEYE COLLET SET 500.00 DANIEL BURNISTON MEALS REIMBURSEMENT 54.00 DANKO EMERGENCY EQUIPMENT REPAIRS 407.50 DUBOIS CHEMICALS SODA ASH 25,585.00 DYLAN DEETZ MEALS REIMBURSEMENT 48.16 ECHO ELECTRIC SUPPLY SUPPLIES 2,467.75 FARMER BROTHERS CO. COFFEE FILTER PACKETS 293.74 FASTENAL COMPANY SUPPLIES 21.43 GRAHAM TIRE CO. TIRES 2,596.00 GRAYBAR ELECTRIC SUPPLIES 47.74 GRAYMONT (WI) LLC CHEMICALS 5,840.38 GREGG PETERS MANAGERS PROFITS 45,959.88 HAUGER LAWN SERVICE MOWING/WEEDS 182.00 HAWKINS INC CHEMICALS 1,656.22 HEIMAN FIRE EQUIPMENT PARTS 5,480.00 HOUSTON ENGINEERING INC TESTING 3,771.81 HY VEE FOOD STORE SUPPLIES 178.47 INGRAM BOOKS 2,101.41 JACK BAUSTIAN MEALS/MILEAGE REIMBURS. 268.30 JACKS UNIFORM & EQPT WORK SHIRTS 193.45 JOHN A CONKLING DIST. MERCHANDISE 7,355.22 JOHNSEN HEATING & COOLING FURNACE-A/C-REPAIRS 9,990.22 JOHNSON BROTHERS OF SD MERCHANDISE 36,316.17 JOHNSTONE SUPPLY FILTERS 522.12 JONES FOOD CENTER SUPPLIES 593.61 JOSH ANGLIN REPAIRS 250.00 K & M TIRE TIRES 292.00 KNIFE RIVER MIDWEST, LLC ASPHALT 1,166.73 KNIFE RIVER-SOUTH DAKOTA ROCK CHIPS 26,303.20 KNOX COMPANY BRACKET 100.00 KOMLINE-SANDERSON PARTS 195.65 LAURIE KIRSCHLING MEALS REIMBURSEMENT 54.00 LAYNES WORLD PLAQUE/LOCKER PLATE 82.04 LEISURE LAWNS, LLC PROFESSIONAL SERVICES 70.00 LOCATORS AND SUPPLIES, INC SWEATSHIRTS 287.25 LOFFLER COPIER CONTRACT 291.43 16 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,310.00 MART AUTO BODY & MARINE LLC TOWING 240.00 MATHESON TRI-GAS, INC CYLINDER RENTAL 667.20 MERRICK INDUSTRIES PARTS 3,683.28 MICHAEL FREDERICK BOOK 50.00 MICHAEL HEINE LODGING REIMBURSEMENT 1,748.76 MIDAMERICAN GAS USAGE 1,014.45 MIDCONTINENT COMMUNICATION CABLE/INTERNET 316.97 MIDWEST ALARM CO ALARM MONITORING 296.44 MIDWEST READY MIX & EQUIPMENT CONCRETE BLOCK/CONCRETE 4,802.00 MIDWEST TURF & IRRIGATION TURF AERATOR 34,865.07 MIDWEST WHEEL COMPANIES PARTS 470.63 MILLS AFTERMARKET ACCESSORIES TRUCK BED STORAGE 1,749.99 MISSOURI RIVER ENERGY SERVICE REGISTRATION FEES 925.00 MISSOURI RIVER ENERGY SERVICE INFARED INSPECTION 1,766.38 MISTER SMITH'S CATERING-L&P OPEN HOUSE 2,240.00 MOORE WELDING & MFG REPAIRS 55.00 NATIONWIDE INSURANCE NOTARY 50.00 NEBRASKA JOURNAL-LEADER ADVERTISING 34.95 NETSYS+ PROFESSIONAL SERVICES 2,414.50 NEWMAN SIGNS, INC SUPPLIES 463.44 NRS FIREFIGHTER EQUIPMENT 4,560.18 O'REILLY AUTO PARTS PARTS 301.75 OCTANE INK VINYL WRAP 450.00 OLSON SOD FARMS SOD 222.00 PEPSI COLA OF SIOUXLAND MERCHANDISE 691.89 PLAYAWAY PRODUCTS BOOKS 891.76 POMPS TIRE SERVICE, INC. REPAIRS 617.47 PRESTO-X-COMPANY INSPECTION/TREATMENT 84.21 QUILL SUPPLIES 98.52 REDI TOWING TOWING 1,890.00 REFLECTIVE APPAREL FACTORY WORK T-SHIRTS 293.89 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 9,024.41 ROUNDS CONSTRUCTION LEACHE POND #2 224,984.31 RUNNING SUPPLY, LLC SUPPLIES 1,162.26 SANFORD HEALTH OCCUPATIONAL TESTING 498.00 SANITATION PRODUCTS INC SUPPLIES 1,605.00 SD DENR LANDFILL OPERATIONS FEE 3,754.61 SD DEPT OF PUBLIC SAFETY TELETYPE SERVICE 3,090.00 SECURITY SHREDDING SERVICE SHREDDING 40.00 SIOUXLAND HUMANE SOCIETY FEES 74.00 SOLID RESPONDER MEDIC RESCUE KIT 10,330.00 SOUTH DAKOTA 811 LOCATES 410.55 17 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,611.62 STAN HOUSTON EQPT CO CHAIN 843.50 STAPLES BUSINESS CREDIT SUPPLIES 1,387.75 STERN OIL CO. FUEL 23,366.92 STUART C. IRBY CO. SUPPLIES 679.60 TASTE OF HOME BOOKS BOOK 38.98 THE LUMBERYARD LLC MATERIALS 538.64 THE WALKING BILLBOARD WORK CLOTHING 228.20 TITLEIST-ACUSHNET COMPANY MERCHANDISE 485.85 TOTAL FLOORING REPAIRS 150.00 TRI STATE WINDSHIELD REPAIR WINDSHIELD 300.00 TWO WAY SOLUTIONS BATTERY 203.97 TYLER TECHNOLOGIES MAINTENANCE 356.25 US BANK PAYING AGENT ADM FEE 550.00 US BANK ST. PAUL DEBT SERVICE PAYMENT 164,965.00 USA BLUEBOOK SUPPLIES 155.69 USPS-POC POSTAGE FOR METER 700.00 VALIANT VINEYARDS MERCHANDISE 405.00 VERMILLION ACE HARDWARE SUPPLIES 489.56 VERMILLION AREA COMMUNITY FOUNDATION ROUND UP PROGRAM 197.71 VERMILLION CHAMBER OF COMMERCE FUNDING 128,750.00 WALKER CONSTRUCTION INC CONCRETE WORK 14,948.97 WHITE CAP ROADSAVER/CONCRETE PATCH 10,654.28 WINKLER ROOFING, INC REPAIRS 441.94 YAMAHA MOTOR FINANCE CORP GOLF CARE/GPS LEASE 6,622.61 YANKTON FIRE & SAFETY ANNUAL INSPECTION 651.25 Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of November 6, 2023 for annual liquor and wine license renewals. 389-23 Council Member Price moved approval of the consensus agenda. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 13. Adjourn 18 400-23 Council Member Ward moved to adjourn the Council Meeting at 8:06 p.m. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 16th 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 ___________. 19

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