City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session January 2, 2024 Tuesday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Tuesday, January 2, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Humphrey, Jennewein, Letellier, Price, Ward, Mayor Cole Absent: Holland and Murra 2. Adoption of Agenda 1-24 Council Member Price moved approval of the agenda. Council Member Ward seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Review of Strategic Goals progress – John Prescott, City Manager John Prescott, City Manager, reviewed the strategic plan that the council and department heads completed in June of 2022. John discussed the five areas of the strategic plans and accomplishments over the last year or planned for 2024 to fit into those five areas. John went over empowering workforce culture, facilitating communication, developing and sourcing finance, improving quality of life, and enhancing facilities and organizations. Discussion followed. 5. Jolley School site project update – John Prescott, City Manager John Prescott, City Manager, reported on the progress of the Jolley School site project. John reviewed the expenses associated with this piece of land and the different funding sources that could be applied for. Discussion followed. 6. Briefing on the January 2, 2024 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 1 7. Adjourn 2-24 Council Member Ward moved to adjourn the Council special session at 12:53 p.m. Council Member Price seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 2nd day of January, 2024. 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 January 2, 2024 Tuesday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on January 2, 2024 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Humphrey, Jennewein, Letellier, Price, Ward, Mayor Cole Absent: Holland, Murra 2. Pledge of Allegiance 3. Minutes A. Minutes of December 18, 2023, Special Session and December 18, 2023, Regular Session. 3-24 Council Member Jennewein moved approval of the December 18, 2023 special session and December 18, 2023 regular session minutes. Council Member Price seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 2 4-24 Council Member Price moved approval of the agenda. Council Member Humphrey seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 6. Public Hearings A. Retail (on-off sale) Malt Beverage & South Dakota Farm Wine license for Pump N Stuff – Video Lottery Room #3 located at 203 E. Main Street. Austin Flowers, Deputy Finance Officer, reported on an application for a retail (on-off sale) Malt Beverage & South Dakota Farm Wine license for Pump N Stuff – Video Lottery Room #3 located at 203 E. Main Street. Austin noted that this license is for the period from issuance to expiration on June 30, 2024. Austin noted that the City Council can issue a license on two criteria suitable applicant and suitable location. As to a suitable applicant, David Lockwood and Pump N Stuff currently hold two other alcohol licenses. The Police Chief’s memo states that a check of the Vermillion Police Department records did not show any disqualifying contacts with David Lockwood. With respect to the location criteria, this store is located on E. Main Street in the downtown business district. 5-24 Council Member Ward moved approval of the Retail (on-off sale) Malt Beverage & South Dakota Farm Wine license for Pump N Stuff – Video Lottery Room #3 located at 203 E. Main Street. Council Member Hellwege seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 7. Old Business A. Second Reading of Ordinance 1498 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099, Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit, to remove portions covered in Chapter 150: Building Regulations. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1498 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099, Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit, to remove portions covered in Chapter 150: Building Regulations. Jose noted that Staff reviews portions of the Code of Ordinances periodically to ensure that the Code is still relevant and that it complies with current State and Federal regulations and other adopted codes. Jose noted that in this instance, Staff reviewed Chapter 150: Building Regulations and found 3 several areas that need to be updated. However, in doing the review of Chapter 150, it was discovered that there were duplicate sections in 155.099 that contradicted the instructions given in Chapter 150 or that portions of Chapter 150 were lacking requirements. Jose stated the proposed amendments to section 155.099 intend to clarify the Code and allow for Staff to better interpret the entire Code of Ordinance. The amendments would also assist the public since the Code would be less confusing. Jose noted 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 recommend adoption of the proposed ordinance as presented. Items discussed at the meeting included further clarifying section (A)(2) to specifically state that the zoning administrator only issues temporary permits in the absence of the building official. 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. Jose noted the proposed amendments are as follows: • The Zoning Administrator will NOT issue permits. The Building Official will. This is covered in 150.02 (B)(5); and • Portions regarding requirements for a building permit application will be removed since this is covered in 150.23; and • Item 155.099 (A)(3) will be removed. This is covered in section 150.24 (B); and • Item 155.099 (A) (5) will be removed. A new section covering the same items will be added to Chapter 150. This new section will cover all razing and building demolitions; and • Item 155.099 (C) will be removed. A new section covering this will be added to Chapter 150. Jose stated changes to Chapter 150 will be considered by the City Council with a later agenda item at this meeting. Staff intends for both amendments to be considered at the same Council meeting to ensure that the amendments work together. Jose noted that corrections of typos were the only changes that were made since the first reading. 6-24 Second reading of title to Ordinance No. 1498, entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099, Building Permits and Fees, (A) Building Permits and (C) 4 Expiration of a Building Permit, to remove portions covered in Chapter 150: Building Regulations for the City of Vermillion, South Dakota. Mayor Cole read the title to the above named Ordinance, and Council Member Ward moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1498 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099, Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit, to remove portions covered in Chapter 150: Building 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 18th day of December, 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 January, 2024 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 1498 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.099 BUILDING PERMITS AND FEES, (A) BUILDING PERMITS AND (C) EXPIRATION OF A BUILDING PERMIT; TO REMOVE PORTIONS COVERED IN CHAPTER 150: BUILDING 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 155.099 Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit be amended to remove portions covered in Chapter 150: Building Regulations. All other portions of Section 155.099 Building Permits and Fees will remain as they are. Following are the amendments: (A) Building permits. No new development, change of use, moving in/moving out of structures, demolition, or other action which may be regulated by the provisions of this chapter including use, height, and number of occupants, lot area, off-street parking or yard requirements, shall occur without a building permit issued by the Building Official as required in Chapter 150: Building Regulations. (1) Any additional information, as requested by the Zoning Administrator, as lawfully may be required to determine conformance with and provide for the enforcement of this chapter. (2) A temporary building permit may be issued by the Zoning Administrator for a period not exceeding 180 days during alterations or partial occupancy of a building pending its completion. The Zoning 5 Administrator may attach conditions and safeguards to the temporary permit to protect the safety of the occupants and the public. (3) (a) If the Zoning Administrator determines the proposed action would not be in compliance with the provisions of the zoning regulations, a building permit may not be issued, except upon completion of one of the following processes established in the zoning regulations, as may be applicable to the proposed action. The Zoning Administrator shall inform the applicant when one of the following processes may be applicable: 1. Variance. 2. Conditional use. 3. Amendment. 4. Appeal. (b) Issuance of a building permit shall indicate that, in the opinion of the Zoning Administrator, the proposed use and/or alterations of existing use are in compliance with the requirements of these zoning regulations. Issuance of a building permit shall not be construed as waiving any provisions of these regulations. Proposed uses and/or alterations of existing uses that are not in compliance with the requirements of these zoning regulations shall not be issued a building permit. (B) Fees. A schedule of fees, charges, and expenses for permits, change of zone, appeals, and other matters pertaining to this chapter shall be established by resolution of the City Council. The current fee schedule shall be available from the Zoning Administrator. All fees shall be the property of the City and shall be paid over to the Zoning Administrator for credit to the general fund of the city, which under no condition shall be refunded. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal. Dated at Vermillion, South Dakota this 2nd day of January, 2024. 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 Jennewein. 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, Humphrey -Y, Jennewein -Y, Price -Y, Letellier -Y, Ward - Y, Mayor Cole -Y. Motion carried 7 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 6 B. Second Reading of Ordinance 1502 Amending Title XV, Land Usage; Chapter 150, Building Regulations; Sections 150.01 Definitions through 150.03 International Residential Code Adopted; 150.20 Building Inspector through 150.24 Denial; Appeal; 150.33 Razing and Demolish of Structures; and 150.36 Expiration. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1502 Amending Title XV, Land Usage; Chapter 150, Building Regulations; Sections 150.01 Definitions through 150.03 International Residential Code Adopted; 150.20 Building Inspector through 150.24 Denial; Appeal; 150.33 Razing and Demolish of Structures; and 150.36 Expiration. Jose noted the City has adopted Building Codes and Regulations for construction. Along with the adoptions, the City has amendments and specific regulations for building permit applications. Some items have been spread between Zoning Regulations, when the City Engineer was the issuer of building permits, and Building Regulations when the building department was separated from the engineering department. In May of 2023 the Building Official gave a brief overview of this proposed ordinance during a noon City Council educational session. Jose noted the proposed amendment will remove items from Chapter 155 Zoning Regulations and move them to Chapter 150 where there are existing regulations and requirements for building projects. Items such as required documents, razing of buildings, and expiration of building permits that are in Chapter 155 Zoning Regulations are proposed to move to Chapter 150. Jose stated many items covered in Chapter 155 regarding building permits were already in Chapter 150, but to be more cohesive the proposed ordinance will place all building permit requirements in one chapter. Jose stated the proposed ordinance will also cover items such as the building permit appeal process. The current ordinance has language for a Board of Appeals as the Zoning Board, while the adopted building codes call for the Board of Appeals to be the City Council. This amendment will clarify that the City Council will be considered as the Board of Appeals throughout the chapter as well as in Chapter 155. To match the adopted building codes and amendments thereof, this proposed ordinance will ensure the appeal process for building permits is clear and matches other sections of the ordinance. Jose noted this ordinance also addresses who will issue the building permits which shall be the Building Official not the building inspector, this being a change from the separation of engineering and building departments. 7 7-24 Second reading of title to Ordinance No. 1502, entitled An Ordinance Amending Chapter 150 Building Regulations, sections 150.01 through 150.03, 150.20 through 150.24, 150.33, 150.36, and 150.38 for the City of Vermillion, South Dakota. Mayor Cole read the title to the above named Ordinance, and Council Member Price moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1502 entitled Amending Chapter 150 Building Regulations, sections 150.01 through 150.03, 150.20 through 150.24, 150.33, 150.36, and 150.38 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 18th day of December, 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 January, 2024 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: PROPOSED ORDINANCE 1502 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 150, BUILDING REGULATIONS; SECTIONS 150.01 DEFINITIONS; 150.02 INTERNATIONAL BUILDING CODE ADOPTED; 150.03 INTERNATIONAL RESIDENTIAL CODE ADOPTED; 150.20 BUILDING INSPECTOR; 150.21 REQUIRED; 150.22 APPLICATION; REQUIRED; 150.23 APPLICATION; CONTENTS; 150.24 DENIAL; APPEAL; 150.33 RAZING AND DEMOLISH OF BUILDINGS; AND 150.36 EXPIRATION. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that Chapter 150 Building Regulations be amended and add language to Chapter 150. All other portions of Chapter 150 Building Regulations will remain as they are. Following are the amendments. § 150.01 DEFINITION. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. BOARD OF APPEALS. The City Council. CORPORATION COUNSEL. The City Attorney. § 150.02 INTERNATIONAL BUILDING CODE ADOPTED. (13) “[A] 113.1 Application for appeal.” Any person having any record title or legal interest in the dwelling, dwelling unit, rooming unit, or premises directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. 8 An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The board shall not have authority to waive the requirements of this code. § 150.03 INTERNATIONAL RESIDENTIAL CODE ADOPTED. (11) “R112.1 Application for appeal.” Any person having any record title or legal interest in the dwelling, dwelling unit, rooming unit, or premises directly affected by a decision of the Code Official or a notice or order issued under this code shall have the right to appeal to the Board of Appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. The board shall not have authority to waive the requirements of this code. § 150.20 BUILDING OFFICIAL. There is hereby created the Office of Building Official, who may be the City Engineer or any other person as the City Manager may appoint. The Inspector shall hold office for one year or until his or her successor shall have been appointed and qualified. § 150.21 REQUIRED. It shall be unlawful for any person to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, or razing of any building or structure or any portion thereof within the city, unless a building permit has been granted therefor in the manner hereinafter provided. No wall, structure, building, or part thereof shall hereafter be built, enlarged, or altered until the building permit is issued by the Building Official. § 150.22 APPLICATION; REQUIRED. When any person shall be desirous of erecting, constructing, reconstructing, converting, altering, enlarging, extending, or razing any building or structure within the limits of the city, he or she shall make a written application to the Building Official for a permit to carry on the work. An application for a building permit, available from the Building Official of the city, shall be completed by the landowner or representative requesting the building permit. Completed applications shall be returned to the Building Official for review. To be considered complete, the application form shall be accompanied by the required documents in 150.23. § 150.23 APPLICATION; CONTENTS. (A) Generally. The application shall contain the following information. (B) Specifically. 9 (1) The name of the owner of the premises; (2) The location thereof; (3) The nature of the work to be done; (4) The estimated cost of the work to be done; (5) The size of the lot or lots; (6) The size of the building; (7) The distance that the building is or will be from the front lot line, the rear lot line, and the side lot lines on each side of the building; (8) Whether the outside walls are to be frame, brick, stucco, or cement construction; (9) A statement signed by the owner or his or her agent that all work done will be in conformity to the facts stated in the application and that all work done will conform with the zoning ordinance of the city, this chapter, and laws of the state; and (10) The prime contractor’s name, address, and excise tax license number. (11) Copies of plans, showing the dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any; the location and dimensions of the proposed building or alteration; the materials of which it is to be constructed; and the details and type of construction to be used; (12) Any additional information, as requested by the Building Official, as lawfully may be required to determine conformance with and provide for the enforcement of this chapter. § 150.24 DENIAL; APPEAL. (C) It shall be the duty of the Building Official to issue a building permit to the applicant if the application complies with all the requirements of this subchapter, and if it appears that the proposed structure, a permit for the erection, construction, reconstruction, conversion, alteration, enlargement, extension, razing, or moving of which application is made, will be located, erected, constructed, reconstructed, altered, enlarged, extended, razed, or moved in compliance with this code and with the laws of the state. (D) If the application is deficient, or if the proposed building or structure fails to meet any of the requirements of the ordinances or laws 10 of the state, then within 5 business days the Building Official will notify the applicant of his or her objection and refuse to grant the permit. Any person aggrieved by the granting of or refusing to grant a building permit as provided by this code may be heard by the Board of Appeals which will decide whether the permit shall be granted or refused under this code. (E) Provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served the Board of Appeals will decide whether the permit shall be granted or refused under this code. (1) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. (F) Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. § 150.33 RAZING OR DEMOLISH OF BUILDINGS. (A) For the demolition or removal of a building that is furnished with sewer, a permit may be granted; provided, however, that in such case, a deposit guaranteeing the abandonment of the sewer service shall be deposited at application for the permit, the deposit to be in an amount to be determined by resolution of the City Council. (B) The deposit will be refunded upon completion of the work, or the city will arrange for the work at actual cost, plus 10% to be paid for from the deposit, work to be completed within 30 days after the issuance of permit. (C) If sewer service is to be reused or new service required for a new structure in the immediate future at the same location, deposit may be waived by the City Engineer. § 150.36 EXPIRATION. (A) Any building permit or moving permit under which no construction work has been commenced within 6 months after the date of issue of the permit, or under which the proposed construction has not been completed within 1 year after the date of issue, shall expire by limitation and no work or operations shall take place under any such permit after the expirations unless the permit has been renewed. (B) Expiration of a building permit. Every building permit issued shall become invalid unless the work on the site authorized by the permit is 11 commenced within 180 days after its issuance, or if the work authorized on the site by the permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, one extension of time, for a period not more than 180 days. The extension shall be requested in writing and justifiable cause demonstrated. § 150.38 BUILDING AND DEVELOPMENT IN FLOOD PLAIN. (G) Criteria and requirements. (7) Obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, until the other data has been provided by the Building Official, as criteria for requiring: (8) For the purpose of the determination of applicable flood insurance risk premium rates within Zone A on a community's FIRM: (c) Maintain a record of all the information with the Building Official; (H) Permit procedures. (1) Application for a permit shall be presented to the Building Official on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (I) Variance procedures. (1) The Board of Appeals shall hear and render judgment on requests for variances from the requirements of division (G) of this section. (2) The Board of Appeals shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the City Manager or designee or Building Official in the enforcement or administration of division (G) of this section. (3) Any person or persons aggrieved by the decision of the Board of Appeals may appeal such decision in the courts of competent jurisdiction. (4) The City Manager or designee or Building Official shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency and the State Office of Emergency Management upon issuing a variance. Dated at Vermillion, South Dakota this 2nd day of January 2024. 12  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Hellwege. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Humphrey -Y, Jennewein -Y, Price -Y, Letellier -Y, Ward - Y, Mayor Cole -Y. Motion carried 7 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. C. Second Reading of Ordinance 1503 Amending Title XV Land Usage; Chapter 150, Building Regulations; Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1503 Amending Title XV Land Usage; Chapter 150, Building Regulations; Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain. Jose stated the City has adopted codes and regulations for construction and property maintenance. This includes codes for commercial property, single family residential property, mechanical requirements, and property maintenance. In May of 2023 the Building Official did a brief overview of this amendment during a noon City Council educational session. Jose noted the proposed Ordinance is to restructure the adopted International Codes in Chapter 150, so that when a citizen or contractor were to look at the adopted codes, they would have all the codes in a centralized location rather than split throughout a chapter. Jose noted staff found this may be helpful for citizens or contractors looking for specific information or what codes have been adopted. Jose noted the changes will not affect any language or content, but rather the section placements. 13 8-24 Second reading of title to Ordinance No. 1503, entitled An Ordinance Amending Title XV Land Usage; Chapter 150, Building Regulations; Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain 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. 1503 entitled Title XV Land Usage; Chapter 150, Building Regulations; Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain 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 18th day of December, 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 January, 2024 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 1503 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 150, BUILDING REGULATIONS; RENUMBERING BUT NOT CHANGING THE CONTENT OF SECTIONS 150.50 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED; 150.39 UNIFORM MECHANICAL CODE; 150.04 CONLFICT OF LAWS; 150.05 RESPONSIBILITY OF CITY; 150.06 FIRE ZONES ESTABLISHED; 150.07 NUMBERING OF BUILDINGS; 150.33 FEES; 150.34 PLATTING REQUIREMENTS; 150.35 REQUIRED RECORDS; 150.36 EXPIRATION; 150.37 POSTING REQUIRED; AND 150.38 BUILDING AND DEVELOPMENT IN FLOOD PLAIN. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that Chapter 150 Building Regulations be amended and add language to Chapter 150. All other portions of Chapter 150 Building Regulations will remain as they are. Following is the amendment. § 150.04 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED. Content remains the same as when previously located at 150.50 § 150.05 UNIFORM MECHANICAL CODE, CHAPTERS 1 THROUGH 10, ADOPTED. Content remains the same as when previously located at 150.39 § 150.06 CONFLICT OF LAWS. 14 Content remains the same as when previously located at 150.04 § 150.07 RESPONSIBILITY OF CITY. Content remains the same as when previously located at 150.05 § 150.08 FIRE ZONES ESTABLISHED. Content remains the same as when previously located at 150.06 § 150.09 NUMBERING OF BUILDINGS. Content remains the same as when previously located at 150.07 § 150.34 FEES. Content remains the same as when previously located at 150.33 § 150.35 PLATTING REQUIREMENTS. Content remains the same as when previously located at 150.34 § 150.36 REQUIRED RECORDS. Content remains the same as when previously located at 150.35 § 150.37 EXPIRATION. Content remains the same as when previously located at 150.36 § 150.38 POSTING REQUIRED. Content remains the same as when previously located at 150.37 § 150.39 BUILDING AND DEVELOPMENT IN FLOOD PLAIN. Content remains the same as when previously located at 150.38 Dated at Vermillion, South Dakota this 2nd day of January 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Hellwege. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Humphrey -Y, Jennewein -Y, Price -Y, Letellier -Y, Ward - Y, Mayor Cole -Y. Motion carried 7 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. First reading of Ordinance 1504 Amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal - Water; Service Pipes; Section 53.055 Installation. Shane Griese, Utilities Manager, reported on the first reading of Ordinance 1504 Amending Title V, Public Works; Chapter 53, Water, Sewers, 15 and Sewage Disposal - Water; Service Pipes; Section 53.055 Installation. Shane noted the City of Vermillion Water Department installs water service pipes 2 inches and smaller from the water main to the property line on both new construction projects as well as upgrades. The City updated the city specifications to allow for the installation of additional pipe materials in 2020, however, the City Code section has not been updated. City Code section 53.055 only allows copper tubing to be installed. Shane stated the proposed amendment will allow for additional pipe materials to be installed for water service lines. All proposed materials are approved for water service lines through the American Water Works Association (AWWA). 9-24 Mayor Cole read the title to the above mentioned Ordinance and Council Member Hellwege moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1504 entitled An Ordinance Amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal - Water; Service Pipes; Section 53.055 Installation 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 January, 2024 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 Price. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. B. First reading of Ordinance 1505 Amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal – Water Rates and Charges; Section 53.077 Turn-On Charges. Shane Griese, Utilities Manager, reported on the first reading of Ordinance 1505 Amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal – Water Rates and Charges; Section 53.077 Turn-On Charges. Shane noted the City of Vermillion Finance Department collects fees for the disconnection/reconnection of water services. In the past this process involved the physical removal of water meters and the language in code 53.077 reflects that. Shane stated with the completion of Automated Meter Infrastructure (AMI), it is not always required to remove water meters in the event a property owner requests a service to be disconnected. Certain situations allow Staff to turn off the water service without the need to remove the meter. 16 The AMI system can monitor the meters when service has been discontinued. Shane noted the proposed amendment updates the language to allow the Finance Department to charge for all changes in services regardless of whether or not the meter is removed. 10-24 Mayor Cole read the title to the above mentioned Ordinance and Council Member Humphrey moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1505 entitled An Ordinance Amending Title V, Public Works; Chapter 53, Water, Sewers, and Sewage Disposal – Water Rates and Charges; Section 53.077 Turn-On Charges 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 January, 2024 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 Price. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 7 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 1506 Amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks - General Provisions; Section 96.12 Snow and Ice. Shane Griese, Utilities Manager, reported on the first reading of Ordinance 1506 Amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks - General Provisions; Section 96.12 Snow and Ice. Shane noted that chapter 96.12 requires property owners, tenants, or the person in charge of a building to remove snow and ice from sidewalks. This ordinance does not currently require those same individuals to remove snow from around fire hydrants. Shane noted in heavy snow events, water department staff does not have the ability to remove snow from all hydrants in a timely manner, potentially causing safety concerns. While many citizens already remove snow from hydrants that abut their properties, we have had some hydrants buried in snow in the past. In some instances, snow removal services have dumped the driveway snow over the fire hydrant. Shane stated the burial of fire hydrants has resulted in damage to the hydrants and creates a serious issue in the case of a fire. Shane noted the proposed amendment updates the language to include fire hydrants in the ordinance. This would require people in charge to remove 17 a three-foot radius of snow from all fire hydrants abutting the property in addition to the sidewalks. 11-24 Mayor Cole read the title to the above mentioned Ordinance and Council Member Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1506 entitled An Ordinance Amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks - General Provisions; Section 96.12 Snow and Ice 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 January, 2024 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 Price. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 7 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. D. Resolution supporting an application to SDHDA for Housing Infrastructure Program Funding for Jolley School site redevelopment. John Prescott, City Manager, reported on a resolution of support for an application to the SDHDA for housing infrastructure funds for water and sanitary sewer work related to Jolley School site. John noted Senate Bill 41 of the 2023 Legislative session was signed into law on February 1, 2023. This law provided that the South Dakota Housing Development Authority (SDHDA) would develop the rules and an application for the $200 million of grants and loans to be made available for the development of infrastructure to expand housing across South Dakota. John stated the City Council received the results of a housing study in June 2022 which identified the need for several types of housing to address different stages of life. The City applied for Housing Infrastructure Financing Program (HIPF) funding in July from SDHDA and was successful in receiving a grant award of $1,418,344 for infrastructure work in the Jack Powell Addition. John stated that last year the Vermillion Public School District and City entered into an MOU to transfer the Jolley School site at 224 S. University Street to the City after classes are completed and the building is vacated later this year. There have been several public meetings as the Planning and Zoning Commission, Historic Preservation Commission, and City Council have worked through the development of the Jolley Planned Development District, rezoning of the property, and 18 development of covenants for future structures. John noted a public meeting was held on December 5, 2023 with approximately 25 individuals in attendance. Replacement of the University Street water line, slip- lining of the University Street and Linden Street sanitary sewer lines, and connections for the new housing lots are some of the utility related work that is needed to redevelop the property for housing. John stated as with the previous grant application, one of the requirements to apply for funding includes a Resolution from the governing body supporting the grant funding application. Adoption of the resolution supporting the project allows staff to submit a grant application. There are several different categories of funding within the $200 million original award. The proposed application would be for ARPA funding for communities of less than 50,000 in population. Funding is awarded on a first-come, first-served basis. There is approximately $1.5 to $2.0 million left in this particularly category of funding. John stated the preliminary City staff estimate of the cost for the infrastructure is $389,000. The SDHDA funding uses a couple of criteria in awarding funding. No more than $25,000 per single family lot can be awarded up to a total of 1/3 of total project costs. The proposals at this point have identified that 13 single family lots and a small park could be created on the site. City staff is not certain of all of the allowable project costs. SECOG is encouraging staff to include all possible project costs. The maximum grant award appears to be $325,000. Current estimated project costs are: Demolition $185,000 Water & sanitary sewer $389,000 Electrical $20,000 Park development $175,000 Platting $5,000 Grading the site and curb lines $250,000 John noted this resolution would support submitting an application for funding to complete the water and sanitary sewer for the Jolley School site redevelopment. 12-24 After reading the same once, Council Member Price moved adoption of the following: A RESOLUTION SUPPORTING THE HOUSING INFRASTRUCTURE FINANCING PROGRAM APPLICATION FOR FUNDING TO ASSIST IN FINANCING THE INFRASTRUCTURE FOR THE JOLLEY SCHOOL SITE REDEVELOPMENT FROM THE SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY WHEREAS, the City of Vermillion desires assistance from the South Dakota Housing Development Authority for the purpose of promoting housing 19 development in South Dakota by providing grants for housing infrastructure; and WHEREAS, SDCL 11-4 and SDCL 11-6 grant municipalities the authority to plan, zone, and create a comprehensive plan; and WHEREAS, Title XV: Land Usage of the Revised Municipal Ordinances of the City of Vermillion, Chapter 155, Zoning Regulations establishes the building, zoning, and lot and yard requirements for residential and multi-family districts; and WHEREAS, the ownership and ongoing maintenance of the infrastructure will be the responsibility of the City of Vermillion; and WHEREAS, the City of Vermillion has adequate capacity for water supply, water treatment facilities, wastewater treatment facilities, and electrical facilities to support the public infrastructure as a result of the proposed project. NOW, THEREFORE BE IT RESOLVED, the Governing Body of the City of Vermillion, that the infrastructure plan for the Housing Infrastructure Finance Program grant application meets the municipality’s infrastructure requirements, will be approved, and added to the ownership and ongoing maintenance responsibility of the municipality. BE IT FURTHER RESOLVED, the Governing Body of the City of Vermillion hereby authorizes the filing of the Housing Infrastructure Financing Program grant application, including all understanding and assurances contained therein, and hereby authorizes the Mayor to, in connection with the application, provide such additional information as may be required. Dated at Vermillion, South Dakota this 2nd day of January 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer The motion was seconded by Council Member Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 7 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. E. Transfer of Parks and Recreation Department gator to the University of South Dakota. Jim Goblirsch, Director of Parks and Recreation, reported on a transfer of a utility vehicle from Vermillion Parks and Recreation to the 20 University of South Dakota Wellness Center Intramurals Department. Jim noted the Recreation Department purchased a utility vehicle in 2014 with a lifespan of 10 years. The projected salvage value of the vehicle in 2024 was estimated to be $2,500. When the vehicle is sold, that money is then placed back into the equipment replacement fund to help fund the purchase of a replacement utility vehicle for the Recreation Department. Jim stated the City of Vermillion and USD has an agreement in place concerning the care and maintenance of the softball complex, in that agreement it states that “All maintenance costs performed by or under the direction of the university shall be shared equally between the city and university”. Recently USD applied new agrilime to the fields, rather than paying USD for the City’s share of the cost, the USD Intramural department reached out to the City stating they would be willing to take the utility vehicle as a trade for payment. Discussion was had between the two entities on a price for the utility vehicle, and after receiving multiple vehicle appraisals an agreed upon price for the utility vehicle was $5,250. SDCL 6-5-2 allows for the City to transfer property to another nonprofit organization within the community per state statute. Jim stated the vehicle being traded to USD is part of the Equipment Replacement Fund. The equipment is replaced using money from the fund, and when sold, the revenue goes to the fund. In this instance the Equipment Replacement Fund will lose on the possibility of gaining any revenues from a sale. However, considering that the amount estimated for a sale would be $2,500, trading the equipment for the agrilime is a better deal for the City as a whole. 13-24 Council Member Ward moved approval of the Transfer of Parks and Recreation Department gator to the University of South Dakota. Council Member Hellwege seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. F. Declaring VPD Weapon Inventory Surplus for Auction or Destruction. Crystal Brady, Police Chief, reported on the declaration of the VPD Weapon Inventory Surplus for Auction or Destruction. Crystal noted that the Vermillion Police Department (VPD) has stockpiled different types of firearms and accessories through seizure, evidence, and stolen property over the years. The VPD Evidence Manager is responsible for the record- keeping and filing of the items on hand. Currently in the Evidence Manager’s possession, VPD maintains 44 makes, models, and calibers of firearms that are eligible for auction. VPD also maintains 57 records of assorted ammunition or firearms that are ineligible for auction and destruction of the property is required. This property is no longer required as evidence or could not be returned to their owners, if stolen. 21 Crystal noted there are two documents attached to this agenda item, one providing a list of the property that is eligible to be deemed surplus for auction, and one is a list of property that shall be deemed surplus for destruction. The auction-eligible firearms would be listed on the website Property Room. Property Room is a Federal Firearms Licensee that maintains compliance with the ATF while also maintaining chain of custody. Crystal stated the Property Room has professionals who review and appraise all firearms to ensure there are no illegal firearms sold in the process. GunBusters is the company that would ensure the property deemed surplus for destruction would be properly destroyed. GunBusters is a company that specializes in firearms destruction. They also maintain compliance with firearm laws and chain of custody. 14-24 Council Member Jennewein moved approval of the declaring VPD Weapon Inventory Surplus for Auction or Destruction. Council Member Ward seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. G. 2024 Payroll resolution. John Prescott, City Manager, reported that State statute requires the publication of the complete list of all salaries of officers and employees of the City with the first meeting of the fiscal year. John stated that the City of Vermillion has traditionally passed a resolution at the start of each budget year adopting the salaries, which is then included in the meeting minutes. John noted that other changes in salary or new employees during the course of the budget year are included with City Council minutes as the personnel actions take place. John noted that the three unions have accepted a 5% cost of living pay adjustment for calendar year 2024. John stated that the attached resolution also provides for a 5% increase for non-union, professional, and management employees. John noted that the increase in minimum wage to $11.20 was included for applicable employees. Council Member Hellwege stated that she is excited that the council could give a 5% increase for the COLA. Hellwege noted that not giving the COLA to the council members is a good way to decrease the budget a bit, but future councils might not feel that way. Hellwege stated that hopefully this is not a constant thing that is considered. 15-24 After reading the same once, Council Member Hellwege moved adoption of the following: 22  CITY OF VERMILLION 2024 PAYROLL RESOLUTION WHEREAS, effective and responsive delivery of City services is dependent upon the employment of a highly competent and motivated workforce; and WHEREAS, the City of Vermillion, as an employer, makes periodic adjustments to wages and compensation for inflation and in comparison to other municipal employers; and WHEREAS, the City of Vermillion has previously approved collective bargaining agreements with AFSCME Local 1052 covering the calendar year 2024 that includes placement of employees on a wage schedule which generally provides a 2.5% increase in wages; and WHEREAS, the City of Vermillion has previously approved a collective bargaining agreement with the Fraternal Order of Police Lodge 19 covering the calendar year 2024 that includes placement of employees on a wage schedule which generally provides a 2.5% increase in wages; and WHEREAS, the respective unions have accepted the City’s proposal to provide a cost of living adjustment for 2024 larger than provided for with the negotiated agreements; and WHEREAS, the City of Vermillion desires to increase wages and salaries for management, professional, non-union, and union employees by 5% on January 1, 2024; and WHEREAS, the governing body of the City of Vermillion will not receive the 2024 cost of living adjustment; and WHEREAS, the City of Vermillion, South Dakota, provides essential services that protect, serve, and support the health, safety, and well- being of the citizens and those visiting the community, and WHEREAS, nearly all City of Vermillion employees qualify as either first responders or essential critical infrastructure workers according to the U.S. Department of Homeland Security. NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the City of Vermillion hereby approves and adopts the following wage rates for the calendar year 2024 and declares all employees fitting the category of first responders or essential critical infrastructure workers essential. BI-WEEKLY SALARIES: Mayor/City Council: Jonathan Cole/$509.69; Julia Hellwege/$295.11; Rich Holland/$295.11; Brian Humphrey/$295.11; Lindsey Jennewein/$295.11; Travis Letellier/$295.11; Mike Murra/$295.11; Katherine Price/$295.11; 23 Steve Ward/$295.11; General Government: John Prescott/$6,271.20; Jack Baustian/$2,143.20; Fire/EMS: Matthew Callahan/$3,508.00; Anthoney Klunder/$2,779.20; Ashley Pinkelman/$286.50; Code Enforcement: Kalin Bird/$2,580.00; Telecommunications: Ryan Anderson/$2,847.20; Engineering: José Domínguez/$4,191.20; Shane Griese/$3,086.40; Finance: Katie Redden/$3,607.20; Austin Flowers/$2,146.40; Daniel Anderson/$2,232.00; Library: Daniel Burniston/$3,124.00; Light and Power: Monty Munkvold/$4,211.20; Parks & Recreation/Golf: James Goblirsch/$3,660.80; Tyler Trageser/$2,181.60; Kelly Knutson/$2,109.60; Mark Clark/$3,275.20; Russell Jensen/$2,556.00; Police: Crystal Brady/$4,183.20; Drew Gortmaker/$2,647.20; Ryan Hough/$3,388.80; Solid Waste: Timothy Taggart/$2,838.40; Street: Pete Jahn/$3,299.20; Water: Curtis Haakinson/$3,098.40; Wastewater: Michael Heine/$2,974.40; HOURLY WAGES: Fire/EMS: Sommer Anstine/$19.30, $4.00/hr on-call; Bodhi Brady/$16.10, $4.00/hr on-call; Madison Evans/$16.10, $4.00/hr on-call; Maria Glover/$19.50, $4.00/hr on-call; Ellie Goetzinger/$16.10, $4.00/hr on- call; Schuyler, Hellerich/$26.23; Valarie Hower/$19.00, $4.00/hr on- call; Hunter Jackson/$26.25; Tyson Junck/$16.10; Josh Kleinhesselink/$15.10, $4.00/hr on-call; Kayla Kloucek/$17.40, $4.00/hr on-call; Joe Kyte/$19.70, $4.00/hr on-call; Audrey Larsen/$20.28; Jordan Leach/$17.60, $4.00/hr on-call; Lillian McNaughton/$16.20, $4.00/hr on- call; Neil Melby/$17.30, $4.00/hr on-call; Ty Murray/$19.89; Caleb Nadeau/$16.10, $4.00/hr on-call; Samuel Osterloo/$16.10, $4.00/hr on- call; Ethan Parr/$16.10, $4.00/hr on-call; Logan Peterson/$19.79; Mandy Reed/$18.20, $4.00/hr on-call; Tim Schorn/$16.20, $4.00/hr on-call; Nathan Steussy/$16.50, $4.00/hr on-call; Isahia Swan/$18.10, $4.00/hr on-call; Benjamin Tegethoff/$16.30, $4.00/hr on-call; Ryne Whisler/$16.20, $4.00/hr on-call; Michael Wildermuth/$21.50, $4.00/hr on-call; Eliza Wilgers/$16.10, $4.00/hr on-call; Code Enforcement: Jim Balleweg/$27.96; Justin Roetman/$21.80 Custodial: Ron Maher/$15.53; Electric: Austin Anderson/$44.66; Chad Christopherson/$44.66; Todd Halverson/$45.90; Karen Harris/$25.07; Joshua Manning/$38.29; Brandon Steeneck/$43.95; Travis Tarr/$47.57; Phil Wiebelhaus/$43.95; Engineering: Todd Nordyke/$28.80; Chase Pritchett/$21.86; Finance: Vicki Fader/$22.97; Sherry Howe/$34.56; Michaela Robinson/$17.87; Penny Tucker/$17.87; General Government: Marty Washington/$24.09; Library: Kendra Brewer/$20.18; Kaia Brose/$17.85; Abigail, Chinn/$19.03; Jeffrey Engeman/$23.91; Mia Gochal/$13.10; Prairie Hanson/$17.31; Laurie Kirschling/$24.68; Elliza Mollman/$13.10; Wendy Nilson/$28.99; Sam Person/$16.48; Parks & Recreation/Golf: Bailey Baylor/$11.50; Emery Bohnsack/$14.50; Emma Bohnsack/$12.00; Isabel Castillo/$11.50; Paige Chapman/$12.00; Grace Chaussee/$11.50; Chandler Cleveland/$30.00 per game; Trevor Cox/$30.00 per game; Reyana Crum/$11.50; Paige Davis/$11.50; Shaina Determan/$11.50; Stella Fairbanks/$11.50; Tori Farmer/$11.50; Jake Goblirsch/$14.50; Parker Goblirsch/$14.50; Lindsey Hasvold/$11.50; 24 Corbin Heckens/$30.00 per game; Ian Job/$11.50; Emile Khan/$11.50; Kylie Krusemark/$11.50; Addison Larson/$11.50; Alisha Leber/$11.50; Zoey Lehmkuhl/$11.50; Kristen Leitru/$11.50; Liam Mechling/$11.50; Cassidy Mooneyhan/$11.50; Jamie Moser/$11.50; Tomalyn Peckham/$14.00; Tessa Peterson/$11.50; Laura Petterson/$11.50; Emmah Pittman/$11.50; Katelyn Proefrock/$11.50; Shaelynn Puckett/$12.00; Callie Radigan/$11.50; Maya Radigan/$11.50; Emily Reiser/$12.00; Nathan Robertson/$14.50; Willis Robertson/$14.50; Conner Roerig/$30.00 per game; Abigail Roob/$11.50; Kamil Schorn/$11.50; Brynn Shefl/$11.50; Matt Slagus/$11.50; Dylan Springer/$14.50; Maria Swanson/$11.50; Drew Thelen/$14.50; Dylan Thelen/$14.50; Shannon Thomas/$11.50; Alicia Thul/$11.50; Kaitlin Tracy/$11.50; Mark Upward/$11.50; Brooke Van Drongelen/$11.50; Madigan Wallin/$30.00 per game; Emma Willert/$12.00; Rebecca Worsham/$11.50; William H Anderson/$13.50; Anna Armbrust/$14.00; Broden Askew/$14.50; Josephine Askew/$11.50; Kira Barringer/$13.50; Josh Bern/$13.00; Erin Bottesini/$13.50; Grant Brouwer/$14.00; James Brouwer/$13.50; Mary Dahlhoff/$13.50; Mya Dejong/$15.50; Clayton Denker/$14.00; Madeleine Eisenbeisz/$11.50; Emma Emerson/$12.00; Eva Farley/$13.50; Bridget Farmer/$16.00; Caden Feit/$15.00; Jonathan Fleming/$14.50; Kennedy Goblirsch/$16.50; Annika Granaas/$14.00; Payton Griese/$13.50; Mya Halverson/$13.50; Tian Jacobs/$13.50; Benjamin Kerby/$14.00; Lucas Kerby/$14.00; Emmett Knutson/$11.50; Jack Krell/$13.50; Reed Lenker/$14.00; Claire Lepke/$13.50; Tyler Mann/$13.00; Brooke Mincks/$12.00; Brody Myron/$12.00; Michael Naber/$12.50; Rylee Nordyke/$12.50; Keaira Pepper/$14.00; Bayleigh Peterson/$13.50; Ethan Pickel/$11.50; Mack Sathre/$14.00; Jameson Shaheen/$14.50; Sara Stanton/$13.50; Isaiah Wapniarski/$12.00; Lucas Wapniarski/$11.50; Theo Wittmuss/$13.50; Robert Coyle/$14.50; Parker Hanselman/$14.50; Dan Hanson/$25.66; Darla Hendricks/$15.50; Keely Huska/$14.50; James Klages/$14.50; Christopher White/$14.50; Rachel Brady/$11.50; Grant Campbell/$17.81; Stephanie Carr/$11.50; Dennis Chandler/$26.13; Greyson Elder/$11.50; Kyle Feauto/$11.50; Carson Geis/$11.50; Noah Gilbertson/$11.50; Shanel Goranowski/$11.50; Morgan Graham/$11.50; Alexander Hill/$11.50; Saige Jorgensen/$11.50; Claire Kurtz/$11.50; Gabe Legner/$11.50; Anna Lucas/$11.50; Michaela Mohr/$11.50; Hannah Molitor/$11.50; Blake Paulson/$13.00; Kelsey Plumb/$11.50; Karson Preister/$11.50; Kade Reuvers/$11.50; Piper Roseland-Bender/$11.50; Abigail Schmidt/$11.50; Christopher Sternhagen/$11.50; Carissa Stocklin/$11.50; Peyton Tramp/$11.50; Gage Watson/$11.50; Aaron Baedke/$15.00; Greg Baedke/$15.00; Carter Bell/$14.50; Aidan Bouman/$14.50; Danny Brown/$15.00; Benjamin Burbach/$15.00; Austin Felts/$15.00; Connor Larson/$15.00; Tyler Leif/$15.00; Carter Mart/$15.00; Gabe Montgomery/$14.50; Jessica Rogers/$15.00; Caleb Stukel/$14.50; Timothy Tracy/$14.50; Travis Taggart/$23.76; Jessy Vanderwerff/$14.50; Charles Ward/$15.00; Derek Wolterman/$15.00; Lauren Zick/$14.50; Police: Randy Crum/$40.45; Matthew Davis/$32.45; Dylan Deetz/$26.06; Andrew Delgado/30.00; Debra DeRocher/$24.09; Jacob 25 Hoffman/$26.06; Robin Hower/$30.00; Hunter Medbourn/$25.42; Tevin Mielitz/$26.06; Benjamin Nelsen/$30.00; Jessica Newman/$35.75; Andrew Paulsen/$25.00; Norma Probst/$26.96; Melissa Schmidt/$20.69; Mitchell Stanley/$26.06; Nicholas, Stark/$26.06; Alex Taggart/$28.68; Justice Tobin/$26.06; Solid Waste/Recycling: Logan Bokemper/$19.99; Jasper Johnson/$21.85; Jeremiah Kashas/$22.65; Mark Milbrodt/$29.56; Daniel Milroy/$22.91; Jared Mitchell/$19.76; Jordyn Mockler/$18.28; Todd Moe/$26.51; Drew Omelian/$19.99; Michael Varns/$19.76; Jim Zimmerman/$28.98; Street: Shawn Cottrell/$25.29; Tanner Elle/$21.58; Ryun Fischbach/$25.92; Scott Iverson/$27.73; Nolan McQuistan/$20.65; Cory Moore/$26.52; John Pittman/$21.08; Collin Schrawyer/$16.25; Rich Walker/$16.25; Telecommunications: Amanda Arndt/$23.11; Anthony Iverson/$23.11; Jena Jones/$22.54; Ashley Pinkelman/$21.46; Derek Ronning/$28.15; David Stammer/$28.15; Jessica Standley/$28.15; Ashley Surber/$22.00; Nicole Trometer/$21.46; Wastewater: Nicholas Anglin/$25.57; Jay Elledge/$23.11; Ethan Gullikson/$23.11; Ryan Hage/$12.50; Jessie Lovett/$21.63; Michael Watterson/$24.45; Water: Russell Frazier/$22.97; Brian Hamilton/$26.00; Zachary Hammond/$26.00; Dale Husby/$28.90; Eric McPherson/$35.63; Wade Mount/$29.58; Madelyn Wade/$12.00; Andrew Wickre/$26.59; Police Chaplains: Tony Armbrust, Matthew Bless, Denny Davis, Carl Gutzman, Arvid Krueger, Jason Reasoner, Jason Schmitz; Volunteer Firefighters: Dawn Abbott-Thompson; Kellen Cusick; Ryun Fischbach; Cody Jansen; Kase King; Josh Kleinhesselink; Tony Kronaizl; Shannon Kymala; Jordan Leach; Nate Martinson; Scott Martinson; Lillian McNaughton; Curtis Mincks; Peyton Mofle; Kyle Moser; Mike Murra; Caleb Nadeau; Blake Nelson; Andrew Paulsen; Jacob Salmen; Blaine Schoellerman; Bill Sperry; Nathan Steussy; Ryan Summerville; Matt Taggart; Ben Tegethoff; Keith Thompson; John Walker; Ryne Whisler; Associate Firefighters: Ray Decker; Planning & Zoning Commission: (Each member is offered $25.00 per meeting.) Bill Ames, Matt Fairholm; Susan Heggestad; Al Leber; Kevin O’Kelley; Nate Steele; Doug Tuve; Brandon Wiemers; Jim Wilson; Library Board: (Each member is offered $25.00 per meeting.) Catherine Beem; Wayne Berninger; Lenni Billberg; Bryce Mayrose; Eric Young; VOLUNTEER BOARDS & COMMISSIONS: Business Improvement District No. 1: Judy Benson; David Herbster; Greg Huckabee; Dan Kenton; Collin Lind; Business Improvement District No. 2: Bekki Engquist-Schroeder; Michelle Maloney; Patrick Morrison; Martin Prendergast; Jim Waters; Golf Advisory Board: Amber Brooks; Jared Heiden; Joni Hook; Ann Jensen; Gina Mockler; Rodney Oberle; Historic Preservation Commission: Erin Beyers; Cyndy Chaney; William Dendinger; Susan Keith- Gray; Carson Merkwan; Dietrik Vanderhill; Jim Wilson; Housing Authority: Cindy Benzel; Craig DeVelder; Catherine Johnson; Joe Reiser; Maria Trowbridge; Human Relations Commission: Jordan Bonstrom; Kia Kronaizl; Trevor Mandernach; Cameron Morgan; Mike Phelan; Becky Rider; Phillip 26 Terwilliger; Joint Powers Solid Waste Advisory Board: Mark Sweeney; Public Safety Center Board: Robert Fuller; Bruce Plate; Steve Waller; Tree Board: Aaron Baedke. PROVIDED, HOWEVER, the City Manager may make wage increases for the completion of education requirement, for passing certification tests, for fulfillment of job requirements set at the date of employment, and the City Manager may make meritorious wage increases for Department Heads within the budgetary appropriation of the respective departments. Dated at Vermillion, South Dakota this 2nd day of January 2024. 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. 7 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 9. Bid Openings A. Fuel quotes. Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of Brunick Service on Item 1, 2, and 3. Item 1 - 4,350 gal. unleaded 10% ethanol: Brunick Service $2.67, Stern Oil $2.8153; Item 2 – 3,000 gal. No. 1 & 2 Diesel fuel dyed average price: Brunick Service $3.05, Stern Oil $3.2059; Item 3 - 1,000 gal. No. 1 & 2 diesel fuel-clear average price: Brunick Service $3.40 , Stern Oil $3.4589 16-24 Council Member Price moved approval of the low quotes of Brunick Service on Items 1, 2, and 3. Council Member Jennewein seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 10. City Manager's Report 27 A. 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 p.m. on Thursday, January 25, 2024. Anticipated that an appointment will be made at the February 5, 2024 City Council meeting. B. John reported that the City offices will be closed on Monday, January 15, 2024 for the Martin Luther King, Jr. Day holiday. The next City Council meetings are on Tuesday, January 16, 2024. C. John noted the Christmas Tree collection site is open and accepts real trees. The site is located on the south side of Broadway Street just west of Dakota Street. Please remove any plastic that you might wrap the tree in for transporting it as well as lights and decorations. Accepting trees through Friday, January 12, 2024. D. John stated that sidewalks are to be cleared 24 hours after the end of a snow event. Snow should be stored on your property – not across the street on neighbor’s yard without permission or piled up in the street in front of neighbor’s property. If moved across the street, windrows of snow should not be left in the street. E. John reported that the Human Relations Commission meets this Thursday, January 4 at 5:30 p.m. in the Mamura Conference room. F. John reported that the Historic Preservation Commission meets on Wednesday, January 10 at 9:00 a.m. in the Powell Conference room. G. John stated the Knights of Columbus will be selling 100 $20 raffle tickets from February 18 to April 5, 2024 numbered from 0 to 99 with the proceeds to fund their philanthropic activities. The last digits of the score of the two teams in NCAA men’s basketball Elite 8, Final 4, and Championship games are used to determine the winners. Prizes range from $50 to $150 depending on the game. PAYROLL ADDITIONS AND CHANGES Police: Norma Probst, $25.68/hr; Water: Brian Hamilton $24.76/hr, Curt Haakinson $37.17/hr, Russell Frazier $21.88/hr, Dale Husby $27.52/hr, Andrew Wickre $25.32/hr, Eric McPherson $33.93/hr, Zach Hammond $24.76/hr; Recycling: Todd Moe $25.25/hr; Curbside Recycling: Mike Varns $18.82/hr; Library: Sam Person $14.74/hr, Jeff Engeman $21.82/hr; Volunteer Firefighter: Joseph Miles 11. Invoices Payable 17-24 Council Member Price moved approval of the following invoices: 28 A & A REFRIGERATION REPAIRS 1,830.39 A-OX WELDING SUPPLY CO CHEMICALS 2,107.50 ADB SAFEGATE AMERICAS LLC PARTS 159.24 ADVANTAGE ARCHIVES, LLC PROFESSIONAL SERVICES 119.70 AMAZON BUSINESS BOOKS/SUPPLIES 1,653.80 AMERICAN FENCE COMPANY, INC PARTS 290.00 APPEARA SHOP TOWELS 45.00 APWA MEMBERSHIP MEMBERSHIP 764.00 AUTO VALUE PARTS 316.07 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 54,386.80 BILL BROWN JUNK/DEBRIS REMOVAL 60.00 BLACKSTONE PUBLISHING BOOKS 260.15 BLUEPEAK 911 CIRCUIT 1,365.50 BRANDON STEENECK SAFETY BOOTS REIMBURSEMENT 212.39 BUTCH'S PROPANE INC PROPANE 1,902.60 BUTLER MACHINERY CO. BELT 84.74 CAPITAL ONE SUPPLIES 1,277.88 CASK & CORK MERCHANDISE 198.00 CHAMBERLAIN OIL CO SUPPLIES 1,601.23 CITY OF SIOUX FALLS TESTING 29.00 CITY OF VERMILLION COPIES/POSTAGE 989.11 CITY OF VERMILLION UTILITY BILLS 37,143.60 CLAY COUNTY SHERIFFS OFFICE 4TH QTR CUSTODIAL 2,500.00 COFFEE KING ROASTING COFFEE 69.75 COLONIAL LIFE INSURANCE 2,876.47 CORE & MAIN LP SUPPLIES 17,041.43 CORNHUSKER INTERNATIONAL PARTS 60.96 CREDIT COLLECTIONS BUREAU COMMISSION 1,065.18 DAKOTA BEVERAGE MERCHANDISE 5,864.91 DAKOTA PC WAREHOUSE INK CARTRIDGE 29.99 DELTA DENTAL PLAN INSURANCE 7,286.48 DEMCO SUPPLIES 486.78 DENNIS MARTENS MAINTENANCE 833.34 DUBOIS CHEMICALS SODA ASH 26,180.00 DYLAN DEETZ TUITION REIMBURSEMENT 506.25 ECHO ELECTRIC SUPPLY SUPPLIES 754.30 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 7,925.46 FASTENAL COMPANY SUPPLIES 39.68 GALLS INCORPORATED WORK SHIRTS 491.08 GEOTEK ENGINEERING PROFESSIONAL SERVICES 7,250.00 GLOBAL DIST. MERCHANDISE 237.50 GLOBAL INDUSTRIAL DOLLY FOR STACKING CHAIRS 874.58 GRAINGER FLAMMABLE SAFETY CABINET 976.88 29 GREGG PETERS FREIGHT/ADVERTISING 2,212.71 GREGG PETERS RENT 937.50 HEIMAN FIRE EQUIPMENT SUPPLIES 29,823.67 HILLYARD/SIOUX FALLS WASTE RECEPTACLES 172.68 INGRAM BOOKS 273.55 INTERSTATE POWER SYSTEMS REPAIRS 985.00 JASPER ENGINEERING & EQUIP THERMAL MASS FLOWMETER 13,234.80 JOHN A CONKLING DIST. MERCHANDISE 1,941.38 JOHNSEN HEATING & COOLING REPAIRS 2,473.20 JOHNSON BROTHERS OF SD MERCHANDISE 12,344.89 JONES FOOD CENTER SUPPLIES 256.62 KENDRA BREWER MILEAGE REIMBURSEMENT 43.86 KNIFE RIVER MIDWEST, LLC ASPHALT 1,526.85 LAYNES WORLD PLAQUES 400.95 LESSMAN ELEC. SUPPLY CO SUPPLIES 237.05 LOCATORS AND SUPPLIES, INC SWEATSHIRTS/BOMBER JACKETS 189.82 LOFFLER COPIER CONTRACT 71.45 LONGS PROPANE INC PROPANE 30.00 M-R SIGN CO., INC. HYDRO-STRIPPING 2,236.86 MATHESON TRI-GAS, INC MEDICAL OXYGEN/CYLINDER RENTAL 698.84 MID-AMERICAN RESEARCH CHEMICALS GLOVES 519.00 MIDWEST ALARM CO ALARM MONITORING 114.29 MIDWEST PETROLEUM EQUIPMEN PARTS-FUEL SYSTEM 243.64 MISTER SMITH'S MERCHANDISE 48.62 NETSYS+ WATCHDOG/PROFESSIONAL SERVICES 1,326.00 O'REILLY AUTO PARTS PARTS 601.69 OCLC SMALL LIBRARY EDITION 1,042.50 OFFICE OF FIRE MARSHAL BOILER INSPECTION 160.00 OVERDRIVE INC EBOOKS/AUDIOBOOKS SUBSCRIPTION 4,984.80 PCC, INC COMMISSION 2,102.59 PIZZA RANCH BANQUET HALL RENTAL/BUFFETS 2,169.00 POWER SOURCE ELECTRIC REPAIRS 135.46 PRESSING MATTERS EVIDENCE RECEIPT FORMS 92.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 84.21 QUALITY MOTORS DETAILING 300.00 QUILL SUPPLIES 187.40 RACOM CORPORATION DISPATCH WORK STATIONS 230,141.00 RANDALL WATERBURY WATER HEATER REBATE 150.00 REDI TOWING TOWING 750.00 REGENTS OF THE UNIVERSITY SUPPLIES 278.00 REPUBLIC NATIONAL DIST MERCHANDISE 5,866.10 RUNNING SUPPLY, LLC SUPPLIES 934.40 SANFORD HEALTH SUPPLIES 257.98 30 SANFORD HEALTH OCCUPATIONAL TESTING 180.00 SANITATION PRODUCTS INC REPAIRS 1,775.35 SD ASSOC OF CODE ENFORCEMENT MEMBERSHIP DUES 75.00 SD BLDG OFFICIALS ASSOC MEMBERSHIP DUES 50.00 SD PUBLIC HEALTH LABORATORIES TESTING 468.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 99,134.27 SD SOCIETY OF FIRE SERVICE MEMBERSHIP DUES 360.00 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,753.00 SNAP-ON INDUSTRIAL SUPPLIES 932.55 SOOLAND BOBCAT SEAL KIT 163.64 SOUTHERN GLAZER'S OF SD MERCHANDISE 5,610.40 THE LUMBERYARD LLC MATERIALS 614.42 THE WALKING BILLBOARD WORK SHIRT/FLEECE JACKET 153.75 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 50.97 TRI STATE WINDSHIELD REPAIRS ROCK CHIP REPAIR 300.00 UL LLC ANNUAL INSPECTION 2,910.00 UNITED WAY CONTRIBUTIONS 449.38 UNUM LIFE INSURANCE COMPANY LIFE INSURANCE 1,134.27 US GOLF ASSOCIATION MEMBERSHIP DUES 150.00 US KIDS GOLF MERCHANDISE 499.54 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,450.00 VALIANT VINEYARDS MERCHANDISE 1,084.05 VERIZON WIRELESS CELL PHONES 2,841.08 VERMILLION ACE HARDWARE SUPPLIES/PARTS 649.23 VERMILLION CHAMBER OF COMMERCE VERMILLION BUCKS 212.50 VERMILLION FOOD PANTRY CONTRIBUTION 5,500.00 VERMILLION FORD SEAT REPAIR 275.04 VERMILLION GARBAGE SERVICE WASTE HAULING 918.72 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 12,231.35 WALKER CONSTRUCTION INC CONCRETE WORK 6,821.21 WESCO DISTRIBUTION, INC METERS 3,452.00 WESTERN IOWA TECH TRUCK DRIVING LAB 600.00 2024 INVOICES BLUEPEAK TELEPHONE/INTERNET 3,720.44 ESO SOLUTIONS SOFTWARE/MAINTENANCE 16,306.16 HANDTEVY ANNUAL RENEWAL 2,467.50 MUNICIPAL ELECTRIC ASSOCIATION MEMBERSHIP DUES 4,926.00 SOUTHEAST AREA FINANCE OFFICERS DUES 200.00 TYLER TECHNOLOGIES REGISTRATION/MAINTENANCE 60,890.24 Council Member Jennewein seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 31 12. Consensus Agenda A. Set a public hearing for January 16, 2024 for a special daily wine license for the South Dakota Shakespeare Festival “Wine with Will” event on or about Saturday, March 2, 2024 from 6:00 p.m. to 9:00 p.m. at the Main Street Inn. 18-24 Council Member Price moved approval of the consensus agenda. Council Member Ward seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 13. Adjourn 19-24 Council Member Ward moved to adjourn the Council Meeting at 7:34 p.m. Council Member Humphrey seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 2nd day of January, 2024. 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 ___________. 32