City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session December 4, 2023 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, December 4, 2023 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2. Adoption of Agenda 427-23 Council Member Price moved approval of the agenda. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Appointment process for City Boards and Commissions – City Manager John Prescott John Prescott, City Manager, went over state statute and current policy for the appointment processes for City Boards and Commissions. John stated that the City Ordinance states that a Library Board is appointed by City Council and all the other boards are appointed by the mayor and approved by City Council. John noted that the Home Rule Charter also states that the Mayor appoints and the council approves. John presented the current form required to apply and gave examples on what other communities in the state and around the country do. Council Member Price asked a question about the application and asked if the members must be residents to apply. John noted that most of the boards do require you to be a resident, but the BID #1 Board deals with hotels therefore one of the members could be an individual that is outside of the city. Council Member Jennewein noted that the process for board appointments have been discussed multiple times and various thoughts about the information received in the forms as well as the interviews that the Mayor has been conducting. 1 Jennewein wanted to offer her experience for consideration and perspective. Jennewein stated she first became involved in 2016 when she filled out the interest form for the Solid Waste Board, in which she wrote quite a bit because she wanted to make the council aware she was serious about her interest. In 2020 she applied for the open council position and again wrote a lot on the application to inform the council she was serious about applying for the position. Jennewein recalled an informal “interview” that happened because a council member WAS in the area and stopped to visit, which caught her off guard. Jennewein noted now that she is on the council, she feels the council should take the information on the form and if a formal interview needs to happen it should be stated on the form. Jennewein stated that the public conversations about the candidate’s fitness are inappropriate and have already caused some deeply hurt feelings and she feels it may lead to legal action. Jennewein noted we are showing division within the council and using our citizens as pawns in this weird power struggle that is entirely inappropriate. Council Member Letellier likes the idea of attaching a resume. Vermillion is a City Council City Manager form of government that is directed by a Home Rule Charter. Letellier stated that at the end of the day everything needs to be pointed back to the Home Rule Charter. The Mayor is a ceremonial role. The Policy and Procedures committee is the one responsible for creating the process and decides if an interview process is appropriate. Attaching a resume might be the easiest process. Council Member Ward stated he has been on the Council the longest and that this process is different from the previous two mayors that he has served under. Ward stated that this process seems to be causing a rift and asked Mayor Cole to explain why he does the process this way. Mayor Cole stated that people in the community don’t feel they have a fair shot at getting a position if they don’t know anyone on the Council. Mayor Cole stated he checked with other mayors in the area, and they also reach out to the applicants if they do not know them. A resume and an interest form may look good but having a conversation might be different. Council Member Ward asked Mayor Cole what questions he asks to get to know someone in these interviews. Mayor Cole stated it is different for each board. Discussion followed. 2 Council Member Letellier asked if there is an opening on the commission or board and if three people apply do each of them get the same question? Mayor Cole stated yes, they do. Council Member Letellier noted the Home Rule Charter states that if the Mayor is unwilling or unable to do the duties it is directed to the President of the Council. Letellier asked if the Mayor appoints a person and if that selection does not receive consent from the council and the Mayor then closes the item, would that mean the Mayor is unwilling or unable to appoint someone. Darrel Jesse, City Attorney, noted he would have to look into that a little further. Darrel noted that for this process both parties must consent to the appointment therefore they have to work together. Council Member Holland agrees with what Ward had to say. Holland noted that having the resume on the application would be appropriate. Holland also noted to have conflicts of interest put on the application, so the council is made aware. Holland noted he is opposed to the interview process. Council Member Price stated that whenever there is an interview at USD for anything there is a committee, and they do the interview and discuss the applicant. Price noted it makes the process more grounded and eliminates having just one perspective. Price noted that coming up with a process that is more transparent would not be a bad thing. Council Hellwege stated that she has also been on the council for two different mayors and having more information is good. Hellwege noted that there is more opportunity for applicants to justify why they want to be on the board. Hellwege noted putting more questions on the form would be better than having a lengthy interview process. Hellwege noted she does not see the purpose of the process that Mayor Cole is implementing. Council Member Letellier noted that there are small things the council could do with the applications to make the applicant put more information on them. Council Member Price asked what the process is to change the ordinance and Home Rule Charter. John Prescott noted that ordinances can be changed by the council, but the Home Rule Charter would have to be voted on by the citizens in the community. 3 Council Member Hellwege noted that the applicants could come to the board meetings and introduce themselves and if there are questions the council could ask those at that time. Dicsussion followed on the board appointments and moving forward. Council Member Price excused herself at 12:57 p.m. 5. Off-Premises Signs – Building Official Kalin Bird 428-23 Council Member Humphrey moved to postpone Off-Premises Signs to December 18, 2023 noon meeting. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 6. Briefing on the December 4, 2023 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 7. Adjourn 429-23 Council Member Murra moved to adjourn the Council Special Session at 1:03 p.m. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 4th day of December, 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 December 4, 2023 Monday 7:00 p.m. 4 The regular session of the City Council, City of Vermillion, South Dakota was called to order on December 4, 2023 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Holland, Humphrey, Letellier, Murra, Price, Ward, Mayor Cole Absent: Jennewein 2. Pledge of Allegiance 3. Minutes A. Minutes of November 20, 2023, Special Session and November 20, 2023, Regular Session 430-23 Council Member Murra moved approval of the November 20, 2023, Special Session and November 20, 2023 Regular Session minutes. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 431-23 Council Member Price moved approval of the agenda. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 6. Public Hearings A. Retail (on-off sale) Malt Beverage and South Dakota Farm Wine license and Retail (on-off sale) Wine and Cider license for the Family Dollar Store #33181 located at 1125 E. Cherry Street. Austin Flowers, Deputy Finance Officer, reported on a Retail (on-off sale) Malt Beverage and South Dakota Farm Wine license and Retail (on- off sale) Wine and Cider license for the Family Dollar Store #33181 located at 1125 E. Cherry Street. Austin noted the Retail (on-off sale) Malt Beverage and SD Farm Wine license is for the licensing period from issuance to expiration on June 30, 2024, and the Retail (on-off sale) Wine and Cider license is for the licensing period from issuance to expiration on December 31, 2024. 5 Austin stated that City Council has the ability to issue a license on two criteria: suitable applicant and suitable location. Austin noted as to a suitable applicant, a background screening report for Harry Spencer, the Assistant Secretary of Family Dollar Stores, Inc., was provided with the application. The report did not show any disqualifying events. In the Police Chief’s memo, it states that a check of the Vermillion Police Department records did not show any disqualifying contacts for Harry Spencer. Austin noted that the location is right next to Casey’s which currently holds an alcohol license. 432-23 Council Member Ward moved approval of the Retail (on-off sale) Malt Beverage and South Dakota Farm Wine license and Retail (on-off sale) Wine and Cider license for the Family Dollar Store #33181 located at 1125 E. Cherry Street. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. First Reading of Ordinance 1499 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley Planned Development District to the City of Vermillion Code of Ordinances. Jose Dominguez, City Engineer, reported on the first reading of Ordinance 1499 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley Planned Development District to the City of Vermillion Code of Ordinances. Jose stated in the fall of 2024, the Vermillion School District (VSD) will begin having classes at the new elementary school that will be located west of Princeton Street along West Dartmouth Street. When classes start at the new school, the City will take possession of Jolley Elementary School at 224 S. University Street with the intent to raze the building and develop the land for residential use and park space. Jose noted prior to any construction occurring on the Jolley School site, the City will be proposing a set of covenants to regulate the style of buildings constructed in the area. The covenants will be presented at the December 18, 2023 City Council meeting. Jose stated the proposed ordinance was presented to the Planning and Zoning Commission on November 27th. After reviewing the proposed district regulations, the Commission voted 9-0 to adopt the proposed ordinance as presented. Besides Staff, the Commission meeting was attended by all nine commissioners, five members of the public that lived in the area, and a City Council member. Items discussed at the meeting included amenities that would be constructed at the park, if a bus stop could be considered in the area due to the large number of school-age kids in the neighborhood, the ownership of a fence along the northside of the Jolley School site, access to a neighboring property from the school site once 6 the property changes hands, and the size of the proposed lots and how that may impact constructability. Jose reported the proposed ordinance is being brought up for consideration by Staff. As such, the ordinance must only follow the statutory requirements of publishing the meeting notices in the newspaper. However, Staff has also placed a meeting notice on the property to let the neighbors know of the meeting tonight. Jose noted the proposed ordinance would create a new zoning district. The zoning district would be split into three areas. Area “A” would be located along South University Street and would only allow for single- family detached houses. Area “B” would be along Linden Street and, again, would only allow for single-family detached homes. Finally, Area “C” would be located along Maple Street and would only allow for parks and for neighborhood utility facilities. All the uses would be permitted. Jose stated the ordinance would set the minimum lot and yard regulations for the district. These are slightly different than what you see in other typical residential districts within the City. The main differences are that the proposed lot areas, the front yard setbacks, and the rear yard setbacks are different than typical R-1 zoning. Jose noted this was done to ensure that the new construction matched as much as possible to the existing housing along the adjoining streets. Jose stated besides the Commission, Staff has discussed the proposed changes with the City’s Historic Preservation Commission (HPC) at their October 11th and November 8th meetings. After review of the ordinance at the November meeting, the HPC recommended that the proposed ordinance be adopted as is. Jose noted a public meeting will be held on Tuesday, December 5th at 7 p.m. in the City Council Chambers to discuss the particulars with the neighbors in the project area. The neighbors were notified by mail. Additionally, a notice advertising the meeting was also published in The Broadcaster inviting anyone interested in the topic. Discussion followed on the new district and the size of the lots. 433-23 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. 1499 entitled An Ordinance Adopting Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley Planned Development District to the City of Vermillion Code of Ordinances of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading 7 at this meeting being a regularly called meeting of the Governing Body of the City on this 4th day of December, 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 Hellwege. 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. C. First Reading of Ordinance 1500 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District. Jose Dominguez, City Engineer, reported on the First Reading of Ordinance 1500 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District. Jose noted the area being rezoned is within the Jolley Historic District. This district was created in 2022 and encompasses a large area roughly bounded by East Main, South Pine, East Lewis, East Canby, and South Harvard Streets. The area is being rezoned to facilitate the construction of single-family detached residences in the area that fit, in parcel characteristics, with the neighboring properties. Jose noted similarly, to the previous agenda item, this rezone is being brought up for discussion by Staff. As such, the amendment must only follow the statutory requirements of publishing the meeting notices in the newspaper. However, Staff has also placed a meeting notice on the property to let the neighbors know of the meeting tonight. Jose reported the area being rezoned will be split into three different areas. As mentioned previously, the only use allowed in Areas “A” and “B” will be single-family detached housing. However, the lots along Area “A”, this area fronts South University Street, will be larger than those in Area “B”. This is due to the difference in existing housing stock along S. University Street that are placed in larger lots than those found along Linden Street. Area “C”, along Maple Street, will be designated for a park space. At this point it is unclear what exact amenities will be installed in the park. In discussions with the Parks and Recreation Department, the amenities may consist of open green space, a small shelter, and playground equipment. 434-23 Mayor Cole read the title to the above mentioned Ordinance and Council Member Holland moved adoption of the following Resolution: 8 BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1500 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District 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 4th day of December, 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 Murra. 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. D. Vacation of a portion of West Chestnut Street Right-of-Way lying between Block 30 and Block 31, Van Meters Addition, City of Vermillion, Clay County, South Dakota. Jose Dominguez, City Engineer, reported on the Vacation of a portion of West Chestnut Street Right-of-Way lying between Block 30 and Block 31, Van Meters Addition, City of Vermillion, Clay County, South Dakota. Jose noted the City received a petition to vacate a section of West Chestnut Street right-of-way between Blocks 30 and 31, Van Meters Addition by the property owner on both sides of the street. There is only one individual property owner owning all the property along both sides of the street. Jose stated the request to vacate was commenced by the owner of the adjacent property since the existing structures on the property are located almost entirely within the requested right-of-way being considered for vacation. Staff believe that the existing structures were constructed in the early 50s. Jose noted the utility providers were contacted by the owner seeking the vacation of the portion of the alleyway. The utilities have agreed with the vacation since there are no utilities within the area being discussed. Jose stated there are two statutes that direct how municipalities vacate a street/alley right-of-way. One of the statutes is used when the street/alley has been used in the last 20 years (SDCL 9-45-9). The area has not been used as a street in the past 20 years. Jose noted the second statute, SDCL 9-45-10, is used when the right-of- way has not been used in the last 20 years. This statute requires a public hearing where the City Council will hear all the evidence and 9 testimony of the parties interested in vacating the right-of-way. After the hearing, the City Council may declare the right-of-way vacated via adoption of a resolution passed by a simple majority of the governing body. Jose noted when vacating a right-of-way (whether a street or an alleyway), Staff considers the following impacts: access to properties, fire protection, and general traffic. 435-23 Council Member Holland moved approval of the Vacation of a portion of West Chestnut Street Right-of-Way lying between Block 30 and Block 31, Van Meters Addition, City of Vermillion, Clay County, South Dakota. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 7. Old Business A. Resolution Amending Golf Course Fees (tabled from the November 20, 2023 meeting). 436-23 Council Member Price moved to take the resolution amending golf course fees off of the table. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Jim Goblirsch, Parks and Recreation Director, reported on amending the Golf Course Fees. Jim stated during the 2024 budget planning process, staff recommended adjusting season pass, green fee, and cart rental rates. During the September Golf Advisory Board meeting, 2023 rate increases and the need to adjust rates in accordance with other courses in the area were discussed. Jim noted the bulk of revenue at The Bluffs comes from season passes, outings, cart rental and green fees. Staff continue to work on balancing open play times and increasing the number of outings. Overall, the total rounds of golf so far in 2023 have been around 42,000 compared to 38,000 rounds in 2022. The breakdown of season passes sold in 2023 was 94 Family, 142 Adult, 65 College, and 18 Junior for a total of 304. Weather plays a key role during the season and impacts the total of rounds played. How early or late the golf season begins also impacts the total playable days and thus the number of rounds. Jim noted at the November 20th City Council meeting, increasing golf course fees/rates was on the agenda. Discussion was held about the discount percentage of the cost for a college membership rate compared to an adult membership rate. The proposal recommended was a 46% discount 10 ($329 college) vs the $609 adult rate. The college rate at The Bluffs in 2023 was $299. The recommended increase rate to $329 would be 10% ($30). Jim stated the City Council elected to table the topic until the December 4th meeting so additional information could be gathered from courses in communities around the area that have a college or university. Staff found that the average percentage off an adult membership compared to a college membership was 46%. However, when factoring in the dollar amount of discount comparing an adult membership to a college membership, The Bluffs amount was $280 off. The average dollar amounts off from the surveyed courses was $427. This lower dollar amount may be in part because The Bluffs has the second lowest adult membership rate offered of all surveyed courses. Jim stated in addition to the college season rate, the daily cart rental fee was discussed. At the time of the November 20th meeting, the new cart lease rates were not available. Since that time, it is proposed to move the 2024 daily cart rate for a 9-hole cart rental to $20 and an 18- hole rate to $25 per person. The 2023 rates were $15 and $20 respectively. Council Member Ward proposed a $350 rate for 25-year-old and under. Ward asked for Jim’s opinion. Jim noted that staff would recommend the $329, but it is up to the council on what they recommend. Council Member Hellwege noted that she does not like giving a lopsided increase to certain groups of people. Hellwege noted that college students have a lower income and to increase their rate would be unfair to them. 437-23 After reading the same once, Council Member Hellwege moved adoption of the following: RESOLUTION ADJUSTING GOLF COURSE FEE RATES WHEREAS, the City Council establishes rates and fees for City services; and WHEREAS, the need for some fees change over time due to industry practices; and WHEREAS, annual rates and per round fees are adjusted periodically to recover the increased costs of providing a service after January 1, 2024. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council 11 Chambers of said City at 7:00 p.m. on the 4th day of December, 2023, that rates be adjusted as follows: Golf Course: Season Pass: 2-Person Family $779.00 annually, plus one child $849.00 annually, 2+ $919.00 annually; Adult $609.00 annually; College (full time) or under 25 $329.00 annually; Junior $149.00 annually. Season Range Pass: Family $329.00; Adult $249.00; Junior $99.00 Private Carts: Gas Cart Storage $380.00 annually; Electric Cart Storage $430 annually (maximum 80 carts); Trail Fee (homeowners) $250.00 annually. Cart Passes: 2-Person Family $849.00 annually; Adult $629.00 annually. League Membership: 1 League $200.00; 2 Leagues $300.00. League Cart: 1 League $150.00; 2 Leagues $200.00. Green Fees: 9-Hole Monday-Friday $21.00; 18-Hole Monday-Friday $29.00; 9-Hole Saturday, Sunday and Holidays $25.00; 18-Hole Saturday, Sunday and Holidays $38.00. Cart Rental: 9-Hole (per person) $20.00; 18-Hole (per person) $25.00. Driving Range: Bag of Balls $6.00; Punch Card $54.00 Handicap: $38.00. All fees that do not include tax: Season Pass; Season Range Pass; Private Carts; Cart Passes; League Membership; League Cart. All fees that include tax: Green Fees; Cart Rental; Driving Range; Handicap. Dated at Vermillion, South Dakota this 4th day of December, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer 12 The motion was seconded by Council Member Letellier. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 2 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 8. New Business A. Letter of support for Clay County Federal Lands Access Program (FLAP) grant application. Mayor Cole reported on a letter of support for Clay Country Federal Lands Access Program. Mayor Cole noted that Clay County is working with Yankton County on submitting a Federal Lands Access Program (FLAP) grant. The grant application would be to fund the study of a trail between Vermillion and Yankton. Between the two communities is a stretch of the Missouri National Recreational River. A public meeting was held in Vermillion on Thursday, November 2, 2023. A similar meeting was held in Yankton County on November 6, 2023. Clay County Commission Geoffrey Gray-Lobe recently contacted the Mayor inquiring about a letter of support from the City as part of the grant application. Mayor Cole noted that Commissioner Gray-Lobe provided the attached copy of the grant application. City staff prepared the attached application summary of the project from the grant application. At the public meetings, a dotmocracy was prepared showing public points of interest. The different colors of dots had different meanings. This map represents a perspective drawing and thoughts about the concept gathered at the meetings. It is not being considered as the official proposal. Mayor Cole stated the grant application seeks to hire a consultant to study the feasibility of developing a trail between a point in Clay County and a point in Yankton County. The grant funds would be used for feasibility studies, preliminary environmental review, and community engagement activities. The feasibility study would be utilized to develop information that could be utilized in future applications for grant funding. Chad Grunewaldt, owner of OLC, stated that he lives along this path and is opposed to this idea. There are a lot of other landowners not in favor of this, therefore it is a waste of taxpayer money for this study. Chad stated that the county gave up grant money for access to Myron’s Grove. Chad noted there are other options available for a bike path that more people would be in favor for. Sophie Johnson, SECOG, noted that the funding the county passed up was due to costs exceeding what was expected. Sophie also noted that these 13 dots are not where the bike would be, it is just locations of a possible location. The study will show where land owners would allow it or where they do not. Roger and Mary Tunner, 45401 Riverfront Road, are opposed to this bike path. Roger noted he is not sure why the City would be involved with something to do with the County. Council Member Ward stated that the County is asking for a letter for support from the City so the County can apply for a grant. Discussion followed on the grant and letter of support. 438-23 Council Member Letellier moved approval of the letter of support for Clay County Federal Lands Access Program (FLAP) grant application. Council Member Holland seconded the motion. A roll call vote of the Governing Body was as follows: Hellwege-Y, Holland-Y, Humphrey-N, Price-Y, Letellier-Y, Ward-Y, Murra-N, Mayor Cole-N. Motion carried 5 to 3. Mayor Cole declared the motion adopted. B. First reading of Ordinance 1497 - 2023 Budget supplemental appropriations ordinance. Katie Redden, Finance Officer, reported that the Supplemental Appropriations Ordinance is needed to adjust the budget for items that have changed since the revised budget was adopted in September 2023. Katie stated that the agenda memo included an explanation of the individual line-item changes noting that the general fund is projecting to decrease the general fund reserve by $39,806 for 2023. Discussion followed. 439-23 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. 1497 entitled An Ordinance Adopting 2023 Budget supplemental appropriations ordinance 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 4th day of December, 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 Hellwege. After discussion the question of adoption of the Resolution was put to a vote of the Governing 14 Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. C. 2024 Fee schedule. Jack Baustian, Assistant to the City Manager, reported that, due to the large variety of activities that the City is involved with across the organization, a number of different fees are charged for services provided. Jack stated that over the last few years a fee schedule has annually been presented to the City Council to offer a comprehensive list of fees and to make adjustments as needed. Jack noted that there are still changes in fees during the year such as the sewer rates each April and storm drainage fee in October. Jack noted that having a comprehensive list of fees would provide Council and staff with a resource that can be utilized when questions of cost are presented or as a resource when the Council or staff wants to evaluate fees. Jack stated that in the packet are lists with the first document providing a comprehensive listing of all City fees, whether provided for in City Code, Departmental policy, or State statute. Jack stated that the second document lists all of the fees that are set by resolution as provided for in the City of Vermillion’s Code of Ordinances listing the ordinance number. Jack reviewed the documents listing the fees. Jack discussed changes to the water tapping fees and street cuts resolution. Jack stated that the fee schedule will be updated and posted on the City website. Discussion followed. 440-23 After reading the same once, Council Member Murra moved adoption of the 2024 Fee Schedule and the following: RESOLUTION AMENDING FEES FOR WATER AND SEWER TAPS AND STREET CUTS WHEREAS, Sec. 53.055(e), Sec. 53.016(b) and Sec. 96-36 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to establish and change water tapping fees, sewer tapping fees and fees to cut and repair pavements. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof in the Council Chambers of said City at 7:00 p.m. on the 4th day of December, 2023 that fees be established or changed as follows: WATER (Add excise tax to all fees) Water Tapping Fee for 1” far side service (without a backhoe) shall be: $1,722.00 plus meter node, spud, and flange cost Water Tapping Fee for 1” far side service (with a backhoe) shall be: 15  $2,222.00 plus meter node, spud, and flange cost Water Tapping Fee for 1” near side service (without a backhoe) shall be: $869.60 plus meter node, spud, and flange cost Water Tapping Fee for 1” near side service (with a backhoe) shall be: $1,369.60 plus meter node, spud, and flange cost Water Tapping Fee for over 1” service shall be charged for time and materials plus 20%, plus the cost of meter node, spud, and flange cost. SEWER (Add excise tax to all fees) Sewer Tapping Fee for 4” or 6” service to clay or PVC sewer shall be: $250.00 STREET (Add excise tax to all fees) Fixed Cost Unit Cost Minimum Charge Sawing Asphalt $78.00 $12.00/LF Sawing Concrete $78.00 $12.00/LF Cutting Asphalt with Colter $156.00 $6.00/LF Patching Preparation $156.00 $18.00/SY $306.00 Asphalt Placement $174.00 $13.00/SY/IN $324.00 BE IT FURTHER RESOLVED, that the effective date of the above listed fees is December 4, 2023 and that said fees shall be collected before work is done. If pavement patching quantities cannot be accurately determined before the cut is made, this fee shall be computed and billed after quantities are determined. Dated at Vermillion, South Dakota this 4th day of December, 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 Ward. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 member voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 441-23 Council Member Price moved approval of the 2024 Fee Schedule. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 16 D. Business Improvement District #1 Board appointments. Mayor Cole appointed Greg Huckabee and Dan Kenton to the Business Improvement District #1 Board. 442-23 Council Member Ward moved approval of the appointment of Greg Huckabee and Dan Kenton to the Business Improvement District #1 Board. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. First reading of Ordinance 1501 amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District. John Prescott, City Manager, reported on the first reading of Ordinance 1501 amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District. John stated in 2008 the City revised the entire Code of Ordinances. As part of this process, the zoning code was reviewed and revised. The zoning districts were renamed at that time. John noted the B-2 zoning district which was only utilized for the downtown area was renamed CB – Central Business District. Most of the use of zoning district names in City Code are found in Title XV – Land Usage. There are a few references to zoning districts in other sections of the City Code. John reported it was recently discovered that Chapter 96 – Streets and Sidewalks contained a reference to the B-2 District zoning category which no longer exists. This particular section of Chapter 96 has to do with benches and flower planters which are allowed downtown as part of the Streetscape projects. The proposed ordinance would replace the reference to the B-2 District with the current zoning district of CB - Central Business District. 443-23 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. 1501 entitled An Ordinance amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District 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 17 City on this 4th day of December, 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. F. Vacate 12-foot Utility Easement between Lots 3 and 4, Block 8, Bliss Pointe Addition, City of Vermillion, Clay County, South Dakota. Jose Dominguez, City Engineer, reported that on November 7th Mart Brothers Construction requested that the existing utility easement between lots 3 and 4, Block 8, Bliss Pointe Addition be vacated. The easement would be vacated for the construction of a townhome within the previously mentioned lots. Jose stated construction of structures is not allowed to occur over utility easements or public rights-of-way. There is a statutory process that must be followed when vacating public rights-of-way. However, there is nothing similar for vacating utility easements. In the past, the City has contacted the utility companies to ensure that no utilities are in the easement being vacated. After it is known that no utilities are present in the easement, then the City Council is asked to consider the vacation of the easement. Jose noted the builder had applied for a building permit on October 31st. At the same time the builder had also requested that all the utilities be located within lots 3 and 4. During the building permit review, the builder was notified that there was an existing utility easement between the previously mentioned lots and that the easement would need to be vacated prior to construction. Jose noted the builder had already located the utilities in the parcel (there were no utilities within the easement being vacated) and that the builder had already scheduled the construction of the footings, Staff allowed the builder to continue with construction. This was done with the understanding that the City would not be financially responsible if utilities were discovered in the easements or if the easement is not vacated by the City. Jose noted that all the utilities were contacted by the Marts, and none of them are utilizing the easement being vacated. 444-23 Council Member Holland moved approval to vacate the 12-foot Utility Easement between Lots 3 and 4, Block 8, Bliss Pointe Addition, City of Vermillion, Clay County, South Dakota. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 18 G. Final Plat of Parcels C and D in the S ½ of the SE ¼ of Section 15, T92N, R52W of the 5th P.M., Clay County, South Dakota (south of Timber Road and west of SD Highway 19). Jose Dominguez, City Engineer, reported that Brandt Land Surveying has submitted a final plat on behalf of the owners for the 76.59 acres along the west side of SD Hwy. 19 south of Timber Road. The area consists of farmland and has never been platted. The area will be platted into two parcels. Parcel C will be 45.76 acres and Parcel D will be 30.83 acres. After platting, the land will still be farmed. Jose noted the plat was reviewed by the County’s Planning Commission at their November 20th meeting. After review, the County’s Planning Commission recommended that the City Council approve the plat as presented. Jose stated the land being platted is within the Joint Jurisdictional Zoning Area. Final plats within this area are required by State statute and City ordinance to be presented to the County’s Planning Commission for their recommendation to the City Council. The City Council may then either approve or reject the plat. Jose reported the proposed plat meets all the requirements set within the zoning ordinance for the Joint Jurisdictional Zoning Area, with the exception of the 8-foot utility easement within the inside perimeter of the lots. This is waved because the properties use will remain as is, farmland. If the use were to change, and the land is further subdivided, utility easements would be required. 445-23 After reading the same once, Council Member Price moved approval of the following plat: WHEREAS IT APPEARS that the owners thereof have caused a plat to be made of the following described real property: Parcels C and D in the S ½ of the SE ¼ of Section 15, T92N, R52W of the 5th P.M., Clay County, South Dakota for approval. BE IT RESOLVED that the attached and foregoing plat has been submitted to and a report and recommendations thereon made by the Vermillion Planning Commission to the City Council of Vermillion which has approved the same. BE IT ALSO RESOLVED that access shall be granted to the lot in accordance with the City of Vermillion street access and driveway approach policy, which requires an application permit. 19 BE IT FURTHER RESOLVED that the attached and foregoing plat has been submitted to the Governing Body of the City of Vermillion which has examined the same, and it appears that the systems of streets and alleys set forth therein conforms to the system of streets and alleys of the existing plat of such city, and that all taxes and special assessments, if any, upon the tract or subdivision have been fully paid and that such plat and survey thereof have been executed according to law, and the same is hereby accordingly approved. The motion was seconded by Council Member Murra. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. H. Final Change Order with Odey’s Field Expert for Prentis Park Baseball Outfield Renovation Project. Jose Dominguez, City Engineer, reported on a final change order for the Prentis Park Baseball Outfield Renovation. Jose stated the City has completed several projects at Prentis Park over the last few years. These include Prentis Plunge, horseshoe pits, basketball courts, band shell landscaping, sidewalk improvements, parking lot, renovation of the entrance arches, lighting improvements, and the infield at the baseball field. Jose noted the last work that happened to the playing field was in 2019 when the new infield was finished. The last project done to the outfield was completed in 1996. This included fencing, installation of the warning track and irrigation system. Jose stated in March 2023 the City awarded the Prentis Park Baseball Outfield Renovation project to Odey’s Field Expert for $346,700. This project originally included regrading the entire outfield, installing a new irrigation system, installing a new warning track, installing a new drainage system, and installing a new perimeter field fence. Jose stated although Staff always intends for projects to stay within budget, once a project starts issues arise that require changes. Jose noted, typically, changes to the project come with cost implications. Sometimes these are savings (e.g. amount of a material was overestimated and less was used) other times they are an additional cost (e.g. poor soils were encountered and additional soils had to be removed). Additionally, decisions on how to proceed must be made on site as the project is progressing. These circumstances create change orders. Change orders are typically not presented to the City Council unless they increase the final project cost from what was originally budgeted. If change orders are needed, they are presented to the City Council as the project progresses, or at the end of the project as a final change order. 20 Final change orders are used to balance the project out and to ensure that all the costs are accounted for. Jose reported that in this case Staff is requesting that the budget be increased by $15,064.20 to cover the construction of a small retaining wall, additional fencing material and material cost increases for the construction of the outfield fence, additional grading required in the outfield, and additional topsoil and warning track mix required. Except for the fence, all the other items have been completed. It should be noted that the fence will be completed in 2024 at an additional cost of $9,000. This will be budgeted for in 2024. 446-23 Council Member Holland moved approval of the Final Change Order with Odey’s Field Expert for Prentis Park Baseball Outfield Renovation Project of $15,064.20. Council Member Ward seconded the motion. Motion carried 8 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 on Item 1, 2, and 3. Item 1 - 4,350 gal. unleaded 10% ethanol: Brunick Services $2.80; Stern Oil $2.84; Item 2 – 3,000 gal. No. 1 & 2 Diesel fuel dyed average price: Brunick Service $3.37; Stern Oil $3.3231; Item 3 - 1,000 gal. No. 1 & 2 diesel fuel-clear average price: Brunick Service $3.65; Stern Oil $3.5761 447-23 Council Member Ward moved approval of the low quotes of Brunick Service on Item 1 and Stern Oil on Items 2, and 3. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 10. City Manager's Report A. John reported four upcoming meetings: • Public meeting on Tuesday, December 5 at 7:00 p.m. in the City Council chambers. The proposed covenants, Planned Development District, and general plans for the Jolley School site will be reviewed. A notice of a possible quorum of the City Council, Planning & Zoning Commission, and Historic Preservation Commission for the public meeting has been posted. • Human Relations Commission will have their regular monthly meeting on Thursday, December 7 at 5:30 p.m. in the Powell Conference room • Historic Preservation Commission will have their regular meeting on Wednesday, December 13 at 9:00 a.m. in the Powell Conference room. 21  • Joint Powers Board next meets on Thursday, December 14 at 5:30 p.m. in Powell Conference room B. John reported one opening for a two-year term on the Tree Board. Interested residents are asked to complete an Expression of Interest form by 5:00 p.m. on Thursday, December 21, 2023. Anticipated that an appointment will be made at the January 2, 2024 City Council meeting. C. John noted that portions of Main Street, Market Street and Prospect Street will be closed this Thursday, December 7 for the VCDC’s Parade of Lights from 4:00 p.m. to 7:30 p.m. The event starts at 6:00 p.m. PAYROLL ADDITIONS AND CHANGES Street: Pete Jahn $39.58/hr; Library: Daniel Burniston $36.52/hr; Communications: Nicole Trometer $20.44/hr; Wastewater: Ethan Gullikson $22.01/hr, Michael Watterson $23.29/hr, Mike Heine $35.68/hr, Jessie Lovett $20.60/hr, Nick Anglin $24.35/hr, Jay Elledge $22.01/hr; Solid Waste: Tim Taggart $34.05/hr 11. Invoices Payable 448-23 Council Member Price moved approval of the following invoices: 4D MANURE SERVICES LLC SLUDGE 9,600.00 A & M SERVICES, INC UNIFORM CLEANING 94.00 ALTEC INDUSTRIES, INC FILTER ELEMENT 211.60 AMAZON BUSINESS SUPPLIES 1,278.69 APPEARA SHOP TOWELS 45.00 APPLIED CONCEPTS, INC RADAR 2,995.00 AT&T MOBILITY MOBILE HOT SPOTS 546.12 AUTO VALUE PARTS 316.63 BIERSCHBACH EQPT & SUPPLY SUPPLIES 146.98 BLACKSTONE PUBLISHING BOOKS 75.88 BLACKSTRAP INC ROAD SALT 3,518.52 BLUEPEAK 911 CIRCUIT/INTERNET/TELEPHONE 5,239.22 BOUND TREE MEDICAL, LLC SUPPLIES 600.41 BURNS & MCDONNELL PROFESSIONAL SERVICES 50,301.68 BUTCH'S PROPANE INC ADAPTER 29.00 BUTLER MACHINERY CO. REPAIRS 3,288.78 CALLAWAY GOLF MERCHANDISE 442.54 CANNON TECHNOLOGIES, INC YUKON SUPPORT 9,095.00 CAPITAL ONE SUPPLIES 1,872.06 CASK & CORK MERCHANDISE 329.76 22 CENTRALSQUARE TECHNOLOGIES SUBSCRIPTION 694.60 CENTURYLINK TELEPHONE 79.47 CENTURYLINK TELEPHONE 156.55 CHAMBERLAIN OIL CO SUPPLIES 791.30 CINTAS SUPPLIES 202.23 CITY OF VERMILLION COPIES/POSTAGE 1,001.01 CITY OF VERMILLION UTILITY BILLS 37,051.69 CLARK'S RENTALS INC GASKET SET 27.82 COFFEE KING ROASTING & SUPPLY COFFEE 69.70 COLONIAL LIFE INSURANCE 2,876.47 DAKOTA BEVERAGE MERCHANDISE 5,584.25 DAKOTA PC WAREHOUSE USB EXT CABLE 22.99 DAKOTA SUPPLY GROUP PARTS 826.00 DAN HANSON SAFETY BOOTS REIMBURSEMENT 244.25 DELTA DENTAL PLAN INSURANCE 6,905.76 DENNIS MARTENS MAINTENANCE 833.34 DMG INC. MOTOR 543.30 DUBOIS CHEMICALS SODA ASH 13,090.00 ECHO ELECTRIC SUPPLY SUPPLIES 807.58 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,384.65 FARMER BROTHERS CO. COFFEE FILTER PACKETS 214.94 FASTENAL COMPANY SUPPLIES 5.06 FEDEX. SHIPPING 34.26 GALLS INCORPORATED WORK CLOTHING 281.36 GLOBAL DIST. MERCHANDISE 223.00 GRAINGER SUPPLIES 107.56 GRAYMONT (WI) LLC CHEMICALS 6,042.65 GREENING VERMILLION PAINTING INLETS 484.18 GREGG PETERS FREIGHT 2,261.04 GREGG PETERS RENT 937.50 HANSEN LOCKSMITHING ACCESS CONTROL 40.00 HAUGER LAWN SERVICE MOWING 170.00 HAWKINS INC CHEMICALS 1,459.05 HERC-U-LIFT PARTS 325.26 HILLYARD/SIOUX FALLS SUPPLIES 253.14 HY VEE FOOD STORE CATERING-FLU SHOTS/PLANT 355.00 INFUSYSTEM PARTS 385.62 INGRAM BOOKS 745.91 INTL ASSOC. OF CHIEFS OF POLICE SUBSCRIPTION 525.00 JACKS UNIFORM & EQPT UNIFORM 223.35 JOHN A CONKLING DIST. MERCHANDISE 1,630.50 JOHNSON BROTHERS OF SD MERCHANDISE 12,722.95 JOHNSON CONTROLS SERVICE AGREEMENT 2,018.33 23 JONES FOOD CENTER SUPPLIES 168.17 K & M TIRE TIRES 648.00 KELLY KNUTSON SAFETY BOOTS REIMBURSEMENT 180.53 KONEXUS SUBSCRIPTION 1,294.00 LAYNES WORLD PLAQUES/ENGRAVING 255.57 LUKEN MEMORIALS, INC TREE MARKER 22.94 MATTHEW BENDER & CO, INC BOOK 179.10 MERRICK INDUSTRIES PARTS 15,230.21 MIDWEST WHEEL COMPANIES PARTS 308.25 MURPHS APPLIANCE & TV INC REPAIRS 88.36 NCL OF WISCONSIN, INC CHEMICALS 1,104.48 NETSYS+ PROFESSIONAL SERVICES 596.25 O'REILLY AUTO PARTS PARTS 325.02 ODEYS INC SOIL 400.00 OKOBOJI WINES-SD MERCHANDISE 198.00 OVERDRIVE INC DIGITAL EBOOK SUBSCRIPTION 2,500.00 PCC, INC COMMISSION 4,999.80 PLAYAWAY PRODUCTS SUPPLIES 34.99 POMPS TIRE SERVICE, INC. REPAIRS 546.85 POWERDMS, INC SUBSCRIPTION 2,650.00 POWERPHONE, INC ONLINE TRAINING 528.00 QUILL SUPPLIES 229.10 RACOM CORPORATION MAINTENANCE 473.98 RAMKOTA HOTEL LODGING 214.00 RECHNAGEL CONSTRUCTION, INC CRUSHED GRAVEL 151.88 REPUBLIC NATIONAL DIST MERCHANDISE 5,340.40 RUNNING SUPPLY, LLC SUPPLIES 824.61 RYAN HOUGH FITNESS CENTER REIMBURSEMENT 300.00 SD FIREFIGHTERS ASSOCIATION MEMBERSHIP DUES 900.00 SD POLICE CHIEFS ASSOCIATION MEMBERSHIP DUES 200.00 SD PUBLIC HEALTH LABORATORY TESTING 78.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 64,498.41 SDWWA- MEMBERSHIP DUES 50.00 SECOG PROFESSIONAL SERVICES 4,000.00 SERVICE MASTER OF SE SOUTH DAK CUSTODIAL 3,878.10 SIOUXLANDPROUD.COM ADVERTISING 100.00 SOOLAND BOBCAT HYDRAULIC FLUID 295.08 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,670.53 STATE FLAG ACCOUNT FLAGS 199.70 STUART C. IRBY CO. METERS 783.20 TASTE OF HOME BOOKS BOOK 38.98 THE ROB WEST MARKETING CO ANNUAL HOSTING 1,100.00 THEIN WELL REPAIRS 13,193.90 24 THREAD & INK JACKETS 217.00 TITAN MACHINE-PRODUCTIVITY REPAIRS 1,578.79 TITLEIST-ACUSHNET COMPANY MERCHANDISE 140.72 TWO WAY SOLUTIONS PROGRAMMING/REPAIRS 8,409.28 UNITED WAY CONTRIBUTIONS 449.38 UNUM LIFE INSURANCE COMPANY INSURANCE 1,074.77 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,450.00 USD MARKETING & U RELATIONS MERCHANDISE 84.66 VERIZON WIRELESS CELL PHONES 2,945.80 VERMILLION ACE HARDWARE SUPPLIES 164.95 VERMILLION GARBAGE SERVICE WASTE HAULING 913.50 VERMILLION ROTARY CLUB DUES/MEALS 169.00 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 7,760.27 WALKER CONSTRUCTION INC CONCRETE WORK 5,272.58 WESCO DISTRIBUTION, INC SUPPLIES 35,061.60 ZIEGLER INC PARTS 542.24 Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of December 18, 2023 for Medical Cannabis License Renewals. 449-23 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 450-23 Council Member Murra moved to adjourn the Council Meeting at 8:24 p.m. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 4th day of December, 2023. 25  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 ___________. 26