City Council Agendas, Packets and Minutes

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Tuesday, February 20, 2024 Powell Conference Room - City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call. 2. Adoption of the Agenda. 3. Visitors to be Heard. 4. Electric Rate Study – Tim Miller and Jordan Unterbrunner, Missouri River Energy Services. 5. Briefing on the February 20, 2024 City Council Regular Meeting– Briefings are intended to be informational only and no deliberation or decision will occur on this item. 6. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council 7:00 p.m. meetings are broadcast live on Cable Channel 3. Special City Council Meetings are not televised but open for attendance. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place.  City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Tuesday, February 20, 2024 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. February 5, 2024 Special Meeting; February 5, 2024 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard a. Black History Month Proclamation – Human Relations Commission 6. Public Hearings a. First reading of Ordinance 1510 to amend Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.101 Amendments and Change of Zone; adding an expiration to consent forms needed for amendments and change of zones and reorganizing the section for ease of understanding. 7. Old Business a. Second reading of Ordinance 1508 to amend Title IX, General Regulations; Chapter 94, Rental Housing Code; Section 94.02 Responsibilities of Owners and Occupants of Rental Units to amend language providing for a fine for tampering with smoke alarms. b. Second reading of Ordinance 1509 to amend Title VII, Traffic Code; Chapter 70, General Traffic and Parking Regulations; Section 70.231, Application for Operating Authority License to amend insurance requirements. 8. New Business a. Request from the South Dakota Shakespeare Festival to close E. Main Street from Plum Street to Walker Street on June 6, 7, 8, and 9 from 6:45 p.m. to 9:00 p.m. and to remove parking on the north side of the same section of E. Main Street b. Resolution Establishing a Fine for Disabling or Tampering with Smoke Alarms or Detectors as provided for in Ordinance 1508. c. Agreement for Professional Services with Helms and Associates for the AWOS III-P Weather Reporting System Project. d. FAA Grant Application for the AWOS III-P Weather Reporting System Project. e. Renewal of Janitorial Services for City of Vermillion Facilities. 9. Bid Openings a. AWOS III-P Weather Reporting System Project. 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council 7:00 p.m. meetings are broadcast live on Cable Channel 3. Special City Council Meetings are not televised but open for attendance. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place. Unapproved Minutes Council Special Session February 5, 2024 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, February 5, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Jennewein, Letellier, Murra, Price, Ward Absent: Humphrey, Mayor Cole 2. Adoption of Agenda 34-24 Council Member Price moved approval of the agenda. Council Member Ward seconded the motion. Motion carried 7 to 0. Council President Rich Holland declared the motion adopted. 3. Visitors to be Heard - None 4. Report on Parking Committee recommendations - City Engineer Jose Dominguez Jose Dominguez, City Engineer, reported on the recommendations that came from two parking committee meetings. Jose reviewed four options for parking: • Option A: Per dwelling (4.25 for a 4 bed, 3.33 for a 3 bed, 2.5 for a 2 bed, and 1.5 for a 1 bed)  Option B: Per dwelling (4 for a 4 bed, 3 for a 3 bed, 2 for a 2 bed, and 1.5 for a 1 bed) Plus 10% of number of dwellings  Option C: Per dwelling (4 for a 4 bed, 3 for a 3 bed, 2 for a 2 bed, and 1.5 for a 1 bed) OR  Option D: 1.5 per bedroom Jose noted that more of the committee members were comfortable with Option B. Council discussed the pros and cons for each option and proposed Jose bring an ordinance forward with Option B. Jose discussed three options to revise city ordinances that relate to garage parking.  Option 1: 1 per 1-stall garage, 2 per 2-stall garage  Option 2: 0.5 per 1-stall garage, 1 per 2-stall garage 1   Option 3: 1-stall garages DO NOT count, 1 per 2-stall garage Council discussed. Jose noted that more of the committee liked Option 2, but staff would recommend option 3 due to code enforcement restraints. Council advised Jose to move forward to the Planning and Zoning with Option 2 and 3. 5. Off-premises Signs – Building Official Kalin Bird Kalin Bird, Building Official, reported on the first draft of an Off- premises Sign Ordinance. Kalin went over height restrictions along with how big signs could be. Discussion followed on the first draft. 6. Briefing on the February 5, 2024 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 7. Adjourn 35-24 Council Member Ward moved to adjourn the Council special session at 12:59 p.m. Council Member Price seconded the motion. Motion carried 7 to 0. Council President Rich Holland declared the motion adopted. Dated at Vermillion, South Dakota this 5th day of February, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Rich Holland, President ATTEST: BY___________________________________ Katie E Redden, Finance Officer 2 Unapproved Minutes City Council Regular Session February 5, 2024 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on February 5, 2024 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2. Pledge of Allegiance 3. Minutes A. Minutes of January 16, 2024, Special Session and January 16, 2024, Regular Session 36-24 Council Member Murra moved approval of the January 16, 2024, special session and January 16, 2024 regular session minutes. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 37-24 Council Member Price moved approval of the agenda. Council Member Humphery seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard A. Jim Peterson, VCDC Director, read a proclamation about LOVermillion Day on February 14, 2024. B. Vermillion Design Challenge Team Champion Lenni Billberg, Vermillion High School history teacher, presented the winners for the first ever Design Challenge. She also noted that over 315 prototypes were presented to show their love for Vermillion. NuNu and Faith presented their project Tic Tac Toe Vermillion that won the first-place prize. 6. Public Hearings - None 3 7. Old Business A. Second reading of Ordinance 1507 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Tract 2, Jack Powell Addition; City of Vermillion, Clay County, South Dakota from the NRC Natural Resource Conservation District to the R-3 Residential District. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1507 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 Rezoning Tract 2, Jack Powell Addition; City of Vermillion, Clay County, South Dakota from the NRC Natural Resource Conservation District to the R-3 Residential District. The City, owner of the land, is requesting to rezone Tract 2, Jack Powell Addition, from the NRC Natural Resource Conservation District to the R-3 Residential District. Tract 2 consists of 36 acres and is bounded on the east by Stanford Street (SD Hwy. 19) and Tract 1 (LEC), to the north by SD Hwy. 50, to the south by Baylor Street and to the west by a residential area. Jose stated this property was annexed into the City in July 2023. All property when annexed into city limits is placed into NRC zoning. Tract 1 was rezoned in August 2023 from the NRC Natural Resource Conservation district to the GB-General Business district. Jose noted the City has published a notice in the Plain Talk advertising tonight’s meeting and on the City’s website and, although not required, the City also posted notices on the land being rezoned notifying the public of tonight’s meeting. Jose stated the City’s Planning and Zoning Commission (Commission) considered this item at their January 8th meeting. After reviewing the ordinance, the Commission voted 6 to 0 in favor of the City Council adopting the proposed ordinance. During the meeting, the Commission discussed the possible future uses of the Jack Powell Addition and how the development of Jack Powell Addition may affect traffic on SD Hwy. 19 or SD Hwy. 50. Jose mentioned that it should be noted that the Commission also discussed the possibility of postponing the meeting due to weather conditions. However, the Commission decided to proceed with the meeting as scheduled because the public would have additional opportunities to voice their concerns because no person, or group, had expressed concerns about the rezoning, and because the proposed project was well known within the community. Jose reported the surrounding area to the one being considered is zoned GI-General Industrial (east), GB-General Business (east), R-4 Residential (south), and R-1 Residential (south and west). The area north 4 of the tract is zoned A-1: Agricultural in the Joint Jurisdiction Zoning Area. In the future, staff will be asking for a portion of Tract 2 to be rezoned from the R-3 Residential district into the GB-General Business district. This portion will be on the corner of the property at the intersection between SD Hwy. 19 and SD Hwy. 50. Jose noted zoning Tract 2 into the R-3 Residential district will allow for most of the land to be used for residential purposes. If rezoned, the possible uses would range from housing (multi-family, townhomes, and detached housing) to assisted living centers and congregate care facilities. All the uses fit within the current, and future, needs of the City. 38-24 Second reading of title to Ordinance No. 1507, entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Tract 2, Jack Powell Addition; City of Vermillion, Clay County, South Dakota from the NRC Natural Resource Conservation District to the R-3 Residential District for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named Ordinance, and Council Member Murra moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1507 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Tract 2, Jack Powell Addition; City of Vermillion, Clay County, South Dakota from the NRC Natural Resource Conservation District to the R-3 Residential District 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 16th day of January, 2024 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 5th day of February, 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 1507 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.026 REZONING TRACT 2, JACK POWELL ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE NRC NATURAL CONSERVATION DISTRICT TO THE R-3 RESIDENTIAL DISTRICT 5 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 155.026, Adoption of Official Zoning Map, be amended as follows: Rezoning Tract 2, Jack Powell Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the NRC Natural Conservation District and included in the R-3 Residential District. Dated at Vermillion, South Dakota this 5th day of February, 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 Holland. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege - Y, Holland - Y, Humphrey - Y, Jennewein - Y, Price - Y, Letellier - Y, Ward - Y, Murra - Y, Mayor Cole – Y. Motion carried 9 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. First reading of Ordinance 1508 to amend Title IX, General Regulations; Chapter 94, Rental Housing Code; Section 94.02 Responsibilities of Owners and Occupants of Rental Units to amend language providing for a fine for tampering with smoke alarms. Kalin Bird, Building Official reported on Ordinance 1508 to amend Title IX, General Regulations; Chapter 94, Rental Housing Code; Section 94.02 Responsibilities of Owners and Occupants of Rental Units to amend language providing for a fine for tampering with smoke alarms. Kalin noted the City has regulations for the occupants and managers of rental properties. Staff have noticed that smoke detectors or smoke alarms have been disabled or tampered with. Historically, this violation is added to a repair list prepared by the Rental Housing Inspector along with the other repairs noted during the inspection. In the past year, there have been roughly five fires within city limits, four of which have been at residential dwellings. During 2023, there were 315 rental housing inspections completed with 88 of the properties needing repairs of the 6 smoke detectors. This is roughly 28% of the rental units that had a record of smoke detectors needing repair. Kalin stated the proposed amendment will specify that any owner, manager, or occupant of a rental dwelling cannot disable or tamper with a required smoke detector or alarm. If anyone were to tamper or disable a smoke detector or alarm, it may result in a fine to the property owner to hopefully deter them from continuing to do so. Kalin noted that City staff would like to keep all occupants safe, and the tampering or disabling of a smoke detector may result in serious injury or death. The fine may be issued by any City official including the Fire Department and Code Enforcement Department. Kalin stated that under South Dakota Codified Laws Chapter 34-35A, it can be a felony or Class 1 misdemeanor to tamper or interfere with fire alarm systems. By adding this fine, this would allow the local Fire Department or Code Enforcement Department to issue a fine specifically for the smoke alarm or detectors, and if someone were to tamper or disable a fire alarm system a citation can still be issued by a law enforcement officer. Fire alarms and smoke alarms are not the same thing. Fire alarms are items such as pull stations, strobes, or items tied into the fire suppression system that all come back to a monitored system. Smoke detectors or alarms are standard alarms that should be interconnected to each other, but do not have to be tied to an alarm system or main panel. 39-24 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. 1508 entitled An Ordinance Amending Title IX, General Regulations; Chapter 94, Rental Housing Code; Section 94.02 Responsibilities of Owners and Occupants of Rental Units to amend language providing for a fine for tampering with smoke alarms 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 5th day of February, 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 Murra. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. 7 B. First reading of Ordinance 1509 to amend Title VII, Traffic Code; Chapter 70, General Traffic and Parking Regulations; Section 70.231, Application for Operating Authority License to amend insurance requirements. Jack Baustian, Assistant to the City Manager, reported on the first reading of Ordinance 1509 to amend Title VII, Traffic Code; Chapter 70, General Traffic and Parking Regulations; Section 70.231, Application for Operating Authority License to amend insurance requirements. Jack noted at the September 5, 2023, meeting, the second reading of Ordinances 1490, 1491, and 1492 were heard by the City Council. All three of these ordinances were adopted as part of providing for the operating of dockless vehicles and motorized foot scooters and the companies that would provide these services on City streets and sidewalks. At this meeting, all three ordinances were passed unanimously by the City Council. Since then, a local business owner has had problems with one section of the code which they believe makes it difficult for their business to operate. Jack noted that Section 70.231 (B) of City code states that a requirement for an Operating Authority License is to hold an insurance policy that names the City as additional insured and carries a minimum liability limit of $2,000,000 per occurrence. Jack stated the business owner states that they have been working with many insurance companies and have not been able to obtain this level of coverage without the feasibility of the business being put into question, or not being feasible whatsoever. Jack stated in conversation with the City Attorney, staff had been advised to contact the insurance provider of the City. The current ordinance requires listing the City as additional insured and carrying minimum liability limits of $2,000,000 per occurrence. Staff have been in conversation with South Dakota Public Assurance Alliance (SDPAA) to ask their thoughts on an ordinance amendment to bring the requirement to what is shown in the proposed amendment of $2,000,000 general aggregate and $1,000,000 per occurrence. Jack noted SDPAA had no issues with amending this requirement and when further discussing with the City Attorney’s office, due to the required liability amount being outlined in the ordinance, there is no exception to the requirement and requires an ordinance amendment if the City Council deems it as such. Haley Warren, 969 Crestview Drive, is the owner of a scooter business. She apologized for having to bring this forward again. Haley noted that there is only one company that she could find to meet this requirement. Mayor Cole asked if there is anything else that would need to be changed for this company to take off. Discussion followed. 8 40-24 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. 1509 entitled An Ordinance Amending Title VII, Traffic Code; Chapter 70, General Traffic and Parking Regulations; Section 70.231, Application for Operating Authority License to amend insurance requirements 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 5th day of February, 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 Ward. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 9 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. C. Tree Board appointment. Mayor Cole recommended Russell Olson to the Tree Board appointment to expire September 2025. 41-24 Council Member Murra moved approval of Russell Olson as the Tree Board appointment. Council Member Humphrey seconded the motion. Motion carried 8 to 1. Mayor Cole declared the motion adopted. D. Resolution Authorizing the Purchase of a Wastewater Department Tractor. Jose Dominguez, City Engineer, reported on a resolution to purchase a tractor for the Wastewater plant. Jose stated that at the budget sessions in 2023, the City Council reviewed the proposed 2024 Equipment Replacement Fund. As part of that process, staff presented the option to replace the two pieces of equipment from the Wastewater Department with one new piece of equipment. Jose stated the two pieces of equipment being replaced are a 2018 Bobcat 3650 (4x4) D and a 2010 John Deere 1435 mower. Jose noted the City has several options when purchasing equipment or vehicles. These are: 1. Procure bids based on the requirements set forth in 5-18A; or 9 2. Purchase from an already awarded contract that was awarded within 12- months if the awarded bidding process in 5-18A was followed (5-18A- 22(3)); or 3. Purchase from a purchasing agency (5-18A-37); or 4. Purchase from the State contract list if the purchased item is at, or below, the price on the State contract list (5-18C-8); or Jose noted that typically the City avoids procuring bids due to the fact that this requires considerable staff time and additional resources to develop the specifications, advertise the bid documents, and evaluate the bids. Rather, the City tries to purchase directly from a local vendor, from an already awarded contract, from the State list, or from a purchasing agency. Jose stated, in this instance, staff proposes utilizing a Sourcewell bid awarded to Woods Equipment Co. for the purchase of a new John Deere 4066R Compact Utility Tractor with amenities. The cost for this new equipment, including the amenities, is $73,590 (e.g. $63,190 for the tractor and $10,400 for the amenities). The amenities are a bucket, snow blower attachment, mower attachment, etc. The local dealer for John Deere, C&B Operations, LLC from Yankton, SD, will honor the Sourcewell bid. 42-24 After reading the same once, Council Member Murra moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A TRACTOR FOR THE WASTEWATER DEPARTMENT WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to participate in cooperative purchasing agreements and conduct purchasing transactions under a joint agreement in this or any other state; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by Sourcewell to John Deere Co. for a new John Deere 4066R Compact Tractor with amenities for a price of $73,590.00 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted C&B Operations, LLC, of Yankton, SD and they have agreed to allow the City to purchase one compact tractor with the amenities for the awarded price and terms as they have contracted with Sourcewell. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to 10 purchase a new John Deere 4066R Compact Tractor with amenities from C&B Operations, LLC, Yankton, SD, for a price of $73,590.00. Dated at Vermillion, South Dakota this 5th day of February, 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 Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. E. Resolution Authorizing the Purchase of a Parks and Recreation Department Utility Vehicle. Jose Dominguez, City Engineer, reported on a resolution to purchase a Parks and Recreation Utility Vehicle. Jose noted at the August budget sessions, the City Council reviewed the 2024 equipment replacement schedule. As part of the 2024 equipment replacement schedule for the Parks and Recreation Department, a 2014 John Deere Gator is scheduled for replacement. Jose noted that the Administration would like to take advantage of an attractive National Intergovernmental Purchasing Alliance (National IPA) bid. Jose stated the National IPA, in conjunction with member city Tucson, Arizona, renewed its contract with Toro Company and its participating distributors. The total bid for a Toro Workman MDX EFI Gas is $16,015. The Toro Company participating distributor for South Dakota is Midwest Turf & Irrigation of Omaha, Nebraska. 43-24 After reading the same once, Council Member Holland moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under 11 a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by National Intergovernmental Purchasing Alliance (National IPA) for a 2024 Toro Workman MDX EFI Gas of $16,015 from Midwest Turf & Irrigation of Omaha offers an advantageous price to the City for said item. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota that the City Manager or the City’s Finance Officer is hereby authorized to purchase a new 2024 Toro Workman MDX EFI Gas from Midwest Turf & Irrigation of Omaha, Nebraska for a price of $16,015. Dated at Vermillion, South Dakota this 5th day of February, 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 Murra. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 9. Bid Openings 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 Service $3.00, Stern Oil $2.8614; Item 2 – 3,000 gal. No. 1 & 2 diesel fuel-dyed average price: Brunick Service $3.50, Stern Oil $3.2854; Item 3 - 1,000 gal. No. 1 & 2 diesel fuel-clear average price: Brunick Service $3.80, Stern Oil $3.5384 44-24 Council Member Price moved approval of the low quotes of Stern Oil on Items 1, 2, and 3. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12 10. City Manager's Report A. John reported that the City’s Historic Preservation Commission will meet on Wednesday, February 14, 2024 at 9:00 a.m. in the Powell Conference room. B. John noted the Planning & Zoning Commission next meets on Monday, February 12 at 5:30 p.m. in the Powell Conference room. One item on their agenda is a zoning ordinance change to define how long signatures on a petition to rezone are valid and other procedural items related to submitting a rezoning petition. C. John stated Kidder Street from Court Street to the alley ½ block west will be closed on Saturday, February 17, 2024 from 8:00 a.m. to 4:00 p.m. for the Polar Plunge. D. John noted City offices will be closed on Monday, February 19th for the Presidents’ Day holiday. The next City Council meeting is on Tuesday, February 20. E. John stated that the Human Relations Commission had a resignation from the post-secondary committee member. The Commission asked that the council fill this vacancy. Expression of Interest forms are due by 5 p.m. on February 22, 2024. Appointment is anticipated at the March 4th meeting. F. John reported on one raffle notification: The Fraternal Order of Eagles will be selling up to 2600 raffle tickets at $20 each from January 22 to March 30, 2024. There are 75 prizes available. The prizes range in value from $300 to $750. Some of the items are dog collars, crossbow package, smoker, blind, trail camera and guns. Prizes will be paid out via Scheels gift cards. Must be 21 years of age to purchase a ticket. Proceeds from the raffle will be used for the fraternal and charitable causes of the Vermillion Eagles Club. All ticket purchasers are eligible for a thank you dinner on March 30, 2024. PAYROLL ADDITIONS AND CHANGES Code: Justin Roetman, $22.28/hr; Ambulance: Ty Murray, $26.89/hr; Recreation: Katherine Kolb, $11.50/hr; Library: Kendra Brewer, $24.23/hr, Kaia Brose, $19.09/hr, Samantha Horvath, $13.10/hr. 11. Invoices Payable 45-24 Council Member Price moved approval of the following invoices: 13 A & A REFRIGERATION REPAIRS 1,055.12 A & B BUSINESS, INC COPIER CONTRACT 202.69 A & M SERVICES, INC UNIFORM CLEANING 141.00 ACCENT WIRE - TIE BALER BAGS 61,488.00 ACID REMAP LLC ANNUAL FEE 2,500.00 ALLIE MORGAN REFUND PARKING TCKT OVERPMT 5.00 AMAZON BUSINESS SUPPLIES 2,003.79 AMERIFLEX BASE/ADMIN FEES 225.30 AMS BUILDING SYSTEM LLC WATER HEATER REBATES 300.00 AUTO VALUE PARTS 1,305.33 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 18,253.60 BLACKSTONE PUBLISHING BOOKS 186.99 BLUEPEAK TELEPHONE/INTERNET/E911 5,087.35 BOMGAARS SCREWDRIVER/BATTERIES 99.99 BOOKPAGE SUBSCRIPTION RENEWAL 4,814.00 BORDER STATES ELEC SUPPLY SUPPLIES 1,084.43 BOUND TREE MEDICAL, LLC SUPPLIES 5,569.57 BRANDON STEENECK MEAL REIMBURSEMENT 14.00 BUTLER MACHINERY CO. PARTS 1,819.15 BUTTERFLY NETWORK, INC ULTRASOUND SYSTEM/WARRANTY 12,575.14 CALLAWAY GOLF MERCHANDISE 246.97 CANNON TECHNOLOGIES, INC METERS 7,581.60 CAPITAL ONE SUPPLIES 368.55 CASK & CORK MERCHANDISE 1,480.80 CENTURYLINK TELEPHONE 573.62 CHAD CHRISTOPHERSON MEAL REIMBURSEMENT 14.00 CHAMBERLAIN OIL CO PARTS 168.68 CITY OF VERMILLION COPIES/POSTAGE 1,120.04 CITY OF VERMILLION UTILITY BILLS 37,655.66 COFFEE KING ROASTING SUPPLIES 69.75 COLONIAL LIFE INSURANCE 1,438.30 CORE & MAIN LP PARTS 633.98 COYOTE CHEMICAL COMPANY SUPPLIES 105.00 CRESCENT ELECTRIC SUPPLY SUPPLIES 445.42 CRYSTAL BRADY MEAL/MILEAGE REIMBURSEMENT 158.20 CURT HAAKINSON MEALS REIMBURSEMENT 102.00 D-P TOOLS 2200 AMP 12V JUMP 319.99 DAKOTA BEVERAGE MERCHANDISE 8,757.12 DELTA DENTAL PLAN INSURANCE 7,409.86 DENNIS MARTENS MAINTENANCE 833.34 DIVISION OF MOTOR VEHICLE LICENSE & PLATES 78.40 DLT SOLUTIONS, INC SUBSCRIPTION RENEWAL 1,728.84 DMG INC. METER 751.96 14 DUBOIS CHEMICALS SODA ASH 11,508.00 ECHO ELECTRIC SUPPLY CLAMP METERS 254.28 ELECTRIC PUMP, INC REPAIRS 576.00 EPG COMPANIES, INC REPAIRS 1,852.46 ERIC McPHERSON MEALS REIMBURSEMENT 102.00 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,373.55 ESRI SUBSCRIPTION/MAINTENANCE 5,610.00 ETHAN GULLIKSON MEALS REIMBURSEMENT 87.00 FARMER BROTHERS CO. COFFEE PACKETS 214.94 FRONTIER PRECISION, INC SUBSCRIPTION 1,650.00 GALLS INCORPORATED WORK SHIRTS 137.46 GLOBAL DIST. MERCHANDISE 143.00 GOLDSTAR PRODUCTS INC ICE MELT 499.50 GREGG PETERS FREIGHT/ADVERTISING 2,128.96 GREGG PETERS RENT 937.50 HELMS & ASSOCIATES PROFESSIONAL SERVICES 9,960.13 HP FAIRFIELD DUMP TRUCK 149,659.50 HY VEE FOOD STORE SUPPLIES 187.81 IMS ALLIANCE NAME TAGS 101.00 INGRAM BOOKS 2,170.59 INTL. ASSOC FOR PROPERTY & EVIDENCE MEMBERSHIP DUES 65.00 J.R HOE, INC BOLLARDS 2,227.20 JACOB HOFFMAN SAFETY BOOTS REIMBURSEMENT 110.93 JAY'S PLUMBING REPAIRS 81.60 JOHN A CONKLING DIST. MERCHANDISE 3,158.80 JOHNSON BROTHERS OF SD MERCHANDISE 21,263.40 JONES FOOD CENTER SUPPLIES 610.56 JOSH MANNING MEAL REIMBURSEMENT 14.00 K & M TIRE TIRES 436.76 KASE KING REIMBURSEMENT-EMT BOOK 198.59 LAURSEN ASPHALT REPAIR EQUIP. ASPHALT RECYCLER 53,061.00 LIFEBLANKET MEDEVAC KIT 4,588.00 LIGHT AND SIREN BRACKET KIT 186.96 LONGS PROPANE INC PROPANE 30.00 MART AUTO BODY & MARINE LLC TOWING 180.00 MATHESON TRI-GAS, INC SUPPLIES 219.20 MEIERHENRY SARGENT LLP REFUND AMBULANCE OVERPAYMENT 4.48 MENARDS SHOVELS/SEAT 49.93 MICHAEL HEINE MEALS REIMBURSEMENT 82.00 MID-STATES ORG. CRIME MEMBERSHIP 150.00 MIDWEST ALARM CO ALARM MONITORING 235.79 MIDWEST RADIATOR & EXHAUST BLADE GUIDE 65.79 MIDWEST WHEEL COMPANIES PARTS 298.09 15 MINN MUNICIPAL UTILITY ASSOC 1ST QTR SAFETY MGMT PROGRAM 8,405.00 MISSOURI RIVER ENERGY SERVICE EDUCATION SCHOOL KITS 1,757.50 NATIONAL MUSIC MUSEUM FUNDING 7,500.00 NCL OF WISCONSIN, INC SUPPLIES 7,454.49 NETSYS+ PROFESSIONAL SERVICES 553.25 NORIDIAN REFUND AMBULANCE OVERPAYMENT 1,702.28 O'REILLY AUTO PARTS PARTS 459.10 ODEYS INC GRADING/TOPSOIL 10,000.00 PING/KARSTEN MFG CORP MERCHANDISE 248.79 PORTABLE COMPUTER SYSTEMS AMBULANCE EQUIPMENT 22,270.44 POWERPHONE, INC ONLINE TRAINING 458.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 84.21 QUADIENT FINANCE USA, INC SUPPLIES 236.83 QUADIENT LEASING USA, INC POSTAGE METER LEASE 234.24 QUILL SUPPLIES 390.39 REDI TOWING TOWING 840.00 REPUBLIC NATIONAL DIST MERCHANDISE 6,480.27 RIVERSIDE HYDRAULICS & LAB PARTS 836.43 RUNNING SUPPLY, LLC SUPPLIES 2,181.22 RUSSELL FRAZIER SAFETY BOOTS REIMBURSEMENT 161.39 SCHAEFFER MFG. CO SUPPLIES 1,009.20 SD AIRPORTS CONFERENCE REGISTRATION 100.00 SD DEPT OF TRANSPORTATION PROFESSIONAL SERVICES 6,036.97 SD FEDERAL PROPERTY AGENCY LOCKER/SUPPLIES 96.00 SD MUNICIPAL LEAGUE LEGISLATIVE DINNER 60.00 SD PUBLIC ASSURANCE ALLIANCE AUTO DAMAGE COVERAGE 3,193.34 SD PUBLIC HEALTH LABORATORY TESTING 150.00 SD RETIREMENT SYSTEM CONTRIBUTIONS 34,876.71 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,878.10 SESDAC, INC FUNDING 8,000.00 SHANE GRIESE MEALS REIMBURSEMENT 102.00 SNAP-ON INDUSTRIAL SUPPLIES 386.28 SOUTHERN GLAZER'S OF SD MERCHANDISE 7,390.36 STEFFEN TRUCK EQUIPMENT CUTTING EDGES 1,094.38 STEWART OIL-TIRE CO TIRES 797.90 STOREY KENWORTHY PAYROLL CHECKS 349.20 TAYLOR MADE MERCHANDISE 843.31 THE LUMBERYARD LLC PLYWOOD 66.75 TITLEIST-ACUSHNET COMPANY MERCHANDISE 59.50 TODD HALVERSON MEALS REIMBURSEMENT 14.00 TURNER PLUMBING PARTS 105.20 TWO WAY SOLUTIONS VEHICLE CHARGERS 3,106.88 UNITED WAY CONTRIBUTIONS 321.25 16 UNUM LIFE INSURANCE COMPANY INSURANCE 1,129.07 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,450.00 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 3,098.82 VERMEER HIGH PLAINS TRENCHER 116,474.03 VERMILLION ACE HARDWARE SUPPLIES 616.13 VERMILLION AUTO WORKS REPAIRS 156.76 VERMILLION CHAMBER OF COMMERCE BID/MEMBERSHIP 14,157.24 VERMILLION FORD (3) 2024 FORD F-250 150,439.00 VERMILLION GARBAGE SERVICE WASTE HAULING 1,085.76 VERMILLION ROTARY CLUB DUES/MEALS 188.25 VERMILLION RURAL FIRE DEPT LEADERSHIP CLASS 2,500.00 VISA/FIRST BANK & TRUST TRAVEL/TRAINING/SUPPLIES 7,139.38 WATERFORD PUBLIC LIBRARY DVD 15.00 YANKTON COUNTY EMS REGISTRATION 1,050.00 YANKTON JANITORIAL SUPPLY SUPPLIES 98.50 Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 46-24 Council Member Murra moved to adjourn the Council Meeting at 7:33 p.m. Council Member Ward seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 5th day of February, 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 ___________. 17  6. Public Hearings; item a Council Agenda Memo From: José L. Domínguez, City Engineer Meeting: February 20, 2024 Subject: First Reading of Ordinance 1510 – Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.101 Amendments and Change of Zone; adding an expiration to consent forms needed for amendments and change of zones and reorganizing the section for ease of understanding. Presenter: José L. Domínguez Background: When an individual requests their property be rezoned there are a few steps that need to be completed prior to a meeting with the Planning & Zoning Commission. One of these steps requires that the applicant gets enough signatures from property owners within 250 feet of the property being rezoned. If the applicant does not receive enough signatures, then the item cannot be considered by the Commission or City Council. The current ordinance does not place an expiration date on the petitions, or consent forms, that are required to be signed. The amendment being considered will provide for an expiration date and will also organize the section for easier understanding. Discussion: 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. The proposed amendments will organize the entire section so that an applicant can follow from the first step of submitting an application to the last step of what happens if the rezone request is denied. Additionally, the amendments will include a new subsection ((C)(2)) that will set an expiration date on the petitions of 180-days. No extensions would be given to the 180-days. If the first 180-days lapse, then the applicant may request new petitions. At this time, a new 180-day clock would start. With this amendment, Staff is trying to ensure that that the owners listed on the petitions are current (e.g. owners that signed sold the property, death of owner and now property is owned by someone else, etc.) and that they have the opportunity to express their opinion at a possible future public meeting.  6. Public Hearings; item a This item was discussed by the City’s Planning and Zoning Commission on February 12th. After reviewing the proposed amendment, the Commission recommended by a vote of 5-0 that the Council adopt the amendment with the inclusion of the words “property owner” rather than “applicant” in the first sentence of subsection (A), and the word “completed” between “any application” in the first sentence of subsection (B). The amendment being presented includes the Commission’s recommendations. Financial Consideration: Besides publication, there are no costs associated with this amendment. Conclusion/Recommendations: Staff and the Planning and Zoning Commission recommend that the Council advance the ordinance for consideration at the 2nd Reading on March 4th.  PROPOSED ORDINANCE 1510 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV LAND USAGE; CHAPTER 155 ZONING REGULATIONS; SECTION 155.101 AMENDMENTS AND CHANGE OF ZONE; ADDING AN EXPIRATION TO CONSENT FORMS REQUIRED FOR AMENDMENTS AND CHANGE OF ZONES AND REORGANIZING THE SECTION FOR CLARITY. § 155.101 AMENDMENTS AND CHANGE OF ZONE. The regulations imposed, and the districts created, under this section may be amended, supplemented or repealed by ordinance, but no such amendment shall be made without public notice and without a public hearing, at which, parties in interest and citizens shall have an opportunity to be heard. (A) Procedure. Application. An application requesting to amend the zoning ordinance or requesting a change of zone needs to be filed by the applicant (property owner). The application will be furnished by the Zoning Administrator. The application needs to be submitted to the Zoning Administrator prior to any fees being collected, any consent forms given to the applicant, or any meetings with the Planning and Zoning Commission and City Council being scheduled. (B) Fees. Upon the filing of any (completed) application to amend the zoning ordinance or requesting a change of zone with the Zoning Administrator, the applicant shall pay to the City the appropriate fee as designated by resolution of the Vermillion City Council. (C) Review and public hearing procedure. (1) Prior to the consideration of any ordinance proposing changes in the zoning ordinance, there shall first be filed, with the Finance Officer, the written consent of the owners of 45% of the aggregate area having the right of protest against such proposed ordinance, if adopted, as would be determined by SDCL § 11-4-5. Unanimous ownership consent for a parcel or lot to be included in the 45% aggregate area is required. (2) All of the written consent forms shall be returned, dated and signed, to the City no later than 180-days after change of zone application is initially submitted. Extensions to the 180-days will not be given. If the 180-days expires the applicant may request new forms from the Zoning Administrator. These new forms will need to be completed within 180-days of delivery to applicant. Delivery may be through mail or electronic correspondence, or in-person delivery. (3) At least 10 days’ notice of the time and place of such hearing shall be published in the official newspaper of the city, the notice to contain a brief statement describing the proposed amendment. If the proposed amendment will change the boundaries of a zoning district, the Zoning Administrator shall post a sign on the property included in the application for a continuous period of 10 days immediately prior to the public hearing and shall notify all owners of property within 250 feet of the proposed boundary change by mail. The mailed notice shall be postmarked 10 business days prior to the hearing and state the date, time and location of the public hearing. (D) Proposed changes initiated by the city, or for properties within one year after annexation, shall be exempt from the provisions of this section. (A) At least 10 days’ notice of the time and place of such hearing shall be published in the official newspaper of the city, the notice to contain a brief statement describing the proposed amendment. If the proposed amendment will change the boundaries of a zoning district, the Zoning Administrator shall post a sign on the property included in the application for a continuous period of 10 days immediately prior to the public hearing and shall notify all owners of property within 250 feet of the proposed boundary change by mail. The mailed notice shall be postmarked 10 business days prior to the hearing and state the date, time and location of the public hearing. (B)(1) Prior to the consideration of any ordinance proposing changes in the zoning ordinance, there shall first be filed, with the Finance Officer, the written consent of the owners of 45% of the aggregate area having the right of protest against such proposed ordinance, if adopted, as would be determined by SDCL § 11-4-5. Unanimous ownership consent for a parcel or lot to be included in the 45% aggregate area is required. (2) Proposed changes initiated by the city, or for properties within one year after annexation, shall be exempt from the provisions of this section. (C)(E) No application requesting a change of zone for any property whose application includes any such property, either entirely or substantially the same, as that which has been denied by the City Council, shall again need to be considered by the Planning Commission before the expiration of 6 months from the date of the final action of the City Council. Dated at Vermillion, South Dakota this ____ day of _____, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: Second Reading: Published: Effective:  7. Old Business; item a Council Agenda Memo From: Matthew R. Callahan, Chief of Fire/EMS Meeting: February 20, 2024 Subject: Second reading of Ordinance 1508, Amending Chapter 94 Rental Housing Code, Section 94.02 Responsibilities of Owners and Occupants of Rental Units (C) Presenter: Matt Callahan Background: The City has regulations for the occupants and managers of rental properties. Staff have noticed that smoke detectors or smoke alarms have been disabled or tampered with. Historically, this violation is added to a repair list prepared by the Rental Housing Inspector along with any other repairs noted during the inspection. In the past year, there have been roughly five fires within city limits, four of which have been at residential dwellings. During 2023, there were 315 rental housing inspections completed with 88 of the properties needing repairs for the smoke detectors. This is roughly 28 percent of the rental units that had a record of smoke detectors needing repair. Discussion: The amendment will specify that any owner, manager, or occupant of a rental dwelling cannot disable or tamper with a required smoke detector or alarm. If anyone were to tamper or disable a smoke detector or alarm, it may result in a fine to the property owner to hopefully deter them from continuing to do so. City staff would like to keep all occupants safe, and the tampering or disabling of a smoke detector may result in serious injury or death. The fine may be issued by any City official including the Fire Department and Code Enforcement Department. Under South Dakota Codified law chapter 34-35A, it can be a felony or class 1 misdemeanor to tamper or interfere with fire alarm systems. By adding this fine, this would allow the local Fire Department or Code Enforcement Department to issue a fine specifically for the smoke alarm or detectors, and if someone were to tamper or disable a fire alarm system, a citation can still be issued by a law enforcement officer. Fire alarms and smoke alarms are not the same thing. Fire alarms are items like pull stations, strobes, or items tied into a fire suppression system that all come back to a  7. Old Business; item a monitored system. Smoke detectors or alarms are standard alarms that should be interconnected to each other, but do not have to be tied to an alarm system or main panel. The City Council at the February 5, 2024, meeting unanimously approved advancing Ordinance 1508 to a second reading at this meeting. No changes have been made since the first reading of the ordinance. Financial Consideration: Adoption of the ordinance will involve publication costs. Revenue generated from fines goes into the general fund. Conclusion/Recommendations: Administration recommends approval of the second reading of Ordinance 1508. A roll call vote is required with the second reading of an ordinance.  ORDINANCE 1508 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE IX, GENERAL REGULATIONS; CHAPTER 94, RENTAL HOUSING; SECTION 94.02, RESPONSIBILITIES OF OWNERS AND OCCUPANTS OF RENTAL UNITS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title IX, Section 94.02, Responsibilities of Owners and Occupants of Rental Units, be amended as follows: § 94.02 RESPONSIBILITIES OF OWNERS AND OCCUPANTS OF RENTAL UNITS. (C) It shall be unlawful for any person, owner, manager, occupant, company, corporation, or person in charge of a dwelling unit, sleeping unit, or premises thereof which they occupy and control to disable or tamper with any required smoke alarms. Any disabling or tampering with smoke alarms may result in a fine set by resolution. Dated at Vermillion, South Dakota this 20th day of February, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: February 5, 2024 Second Reading: February 20, 2024 Published: March 1, 2024 Effective: March 21, 2024  7. Old Business; item b Council Agenda Memo From: Jack Baustian, Assistant to the City Manager Meeting: February 20, 2024 Subject: Second Reading of Ordinance 1509 – Amending City of Vermillion Code of Ordinances Title VII, Traffic Code; Chapter 70, General Traffic and Parking Regulations; Section 70.231, Application for Operating Authority License Presenter: Jack Baustian Background: At the September 5, 2023 meeting, the second reading of Ordinances 1490, 1491, and 1492 were heard by the City Council. All three of these ordinances were adopted as part of providing for the operating of dockless vehicles and motorized foot scooters and the companies that would provide these services on City streets and sidewalks. At this meeting, all three ordinances were passed unanimously by the City Council. Since then, a local business owner has had problems with one section of the code, which they believe makes it difficult for their business to operate. On February 5, 2024, the City Council unanimously moved this proposed ordinance to second reading. No changes have been made to the ordinance since the first reading. Discussion: Section 70.231(B) of City code states that a requirement for an Operating Authority License is to hold an insurance policy that names the City as additional insured and carries a minimum liability limit of $2,000,000 per occurrence. The business owner states that they have been working with many insurance companies and have not been able to obtain this level of coverage without the feasibility of the business being put into question, or not being feasible whatsoever. In conversation with the City Attorney, Staff was advised to contact the insurance provider of the City. The current ordinance requires listing the City as additional insured and carrying minimum liability limits of $2,000,000 per occurrence. Staff have been in conversation with South Dakota Public Assurance Alliance (SDPAA) to ask their thoughts on an ordinance amendment to bring the requirement to what is shown in the proposed amendment of $2,000,000 general aggregate and $1,000,000 per occurrence. SDPAA had no issues with amending this requirement and when further discussing with the City Attorney’s office, due to the required liability amount being outlined in the  7. Old Business; item b ordinance, there is no exception to the requirement and requires an ordinance amendment if the City Council deems it as such. Financial Consideration: Adoption of the ordinance will only involve publication costs. Conclusion/Recommendations: Staff recommends consideration of the proposed amendment and, if deemed appropriate, adoption of the ordinance. A roll call vote is required with the second reading of an ordinance.  ORDINANCE 1509 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE VII, TRAFFIC CODE; CHAPTER 70, GENERAL TRAFFIC AND PARKING REGULATIONS; SECTION 70.231, APPLICATION FOR OPERATING AUTHORITY LICENSE. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title VII, Section 70.231, Application for Operating Authority License, be amended as follows: § 70.231 APPLICATION FOR OPERATING AUTHORITY LICENSE. (B) All applicants for the use of the operating authority license shall furnish and maintain a policy of insurance protecting the applicant and the City from all claims for damage to property or bodily injury, including death, which may arise from operations under the dockless vehicles, or in connection therewith. The insurance policy shall list or endorse the city as additional insured and carry minimum liability limits of at least $2,000,000 general aggregate and $1,000,000 per occurrence. The endorsement shall provide that the policy shall not be terminated or cancelled prior to the termination of the operating authority license without 30 days written notice to the city. Dated at Vermillion, South Dakota this 20th day of February, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: February 5, 2024 Second Reading: February 20, 2024 Published: March 1, 2024 Effective: March 21, 2024  8. New Business; item a Council Agenda Memo From: Jack Baustian, Assistant to the City Manager Meeting: February 20, 2024 Subject: Request to close E. Main Street from Plum Street to Walker Street from 6:45 pm to 9:00 pm on June 6, 7, 8, and 9, 2024, and to remove parking on the north side of the same section of E. Main Street for the South Dakota Shakespeare Festival Presenter: Jack Baustian Background: Representatives for the South Dakota Shakespeare Festival have submitted a request to close E. Main Street from Plum Street to Walker Street on Thursday-Sunday, June 6 - 9, 2024, from 6:45 p.m. to 9:00 p.m. and remove parking on the north side of Main Street for this section of street. The initial request was for Plum Street to Sycamore Street, from 5:00 pm to 9:00 pm, and did not include the removal of parking but after discussion with the applicant, the request has been modified to match the previous year’s requests of E. Main Street from Plum Street to Walker Street, amend the time from 6:45 pm to 9:00 pm and include the removal of parking on the north side of E. Main Street for the same distance. Discussion: The E. Main Street closing request will provide event attendees safe accessibility to Prentis Park for the performances. The Shakespeare Festival would like to block parking on the north side of E. Main Street between Plum and Walker during the festival to facilitate the rehearsal of performances and provide storage for backstage equipment related to the performance. The Street Department has verified and will drop off the "No Parking" signs on Monday morning of that week so they can be placed along the parking area. This is a requirement so that vehicles do not park or drive off during the performance. In past years, volunteers have moved the barricades for emergency vehicle passage, and the applicant states that will be occurring again. No residential access will be directly affected due to the street closure. The South Dakota Shakespeare Festival has traditionally provided clean-up throughout the day and had security teams conduct the clean-up nightly following rehearsals and performances. Fire/EMS, Police, and Street departments have reviewed the closure and have no concerns.  8. New Business; item a Financial Consideration: None. Conclusion/Recommendations: Administration recommends that the City Council approve the closure of E. Main Street from Plum Street to Walker Street from 6:45 pm to 9:00 pm on June 6, 7, 8, and 9, 2024 and to remove parking on the north side of the same section of E. Main Street for the South Dakota Shakespeare Festival. 8. The City Council reserves the right to accept, modify, or deny all Street Closure Requests. The City reserves the right to modify the street closing after City Council approval if needed due to unforeseen circumstances. 9. The Applicant is required to sign a “Release, Hold Harmless and Indemnification Agreement.” 10. Failure to abide by these instructions or requirements may affect your future closure requests. 11. A deposit may be required for future street closure requests if you fail to return traffic barricades in the condition they were issued to you or if public property is damaged due to your event. I have read and I agree. understand these instructions Electronic Signature Richard S Holland (Section Break) APPLICATION Organization South Dakota Shakespeare Festival Requesting Name of Event & Brief Shakespeare Festival Street closure prevents traffic noise during Description of Event the event and allows Actors to cross the street during the performance. Expected Participants 0 in street, 100 in park Name of Primary Richard S Holland Contact Person Primary Contact Phone Number + 24 Hour Access Phone Number Name of Secondary Greg Huckabee Contact Person Secondary Contact Phone Number + 24 Hour Access Phone Number Date(s) of Closure 6/6/24 - 6/9/24 Requested Street Closures Times 5:00 PM - 9:00 PM Street(s) Requested to Main St, east of Plum St to west of Sycamore Ave be Closed Optional File Upload Field not completed. Please detail how you The hospital is notified, and barriers will be removed if an have notified or plan to emergency passage is necessary. notify those affected by your Street Closure Request: Please detail your The barriers and any litter will be removed every day after the plans for cleaning up performance by the Shakespeare Festival personnel and after your event: volunteers. (Section Break) Release, Hold Harmless, and Indemnification Agreement I agree to release, hold harmless and indemnify the City of Vermillion and its officers, officials, employees, agents and volunteers, from and against all claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, arising out of or resulting from the (i) the conduct or use of the Premises by the undersigned or the undersigned’s organization or group, (ii) any act, omission, or negligence of the undersigned or the undersigned’s organization or group, or the partners, directors, officers, agents, employees and other users and invitees of the undersigned or the undersigned’s organization or group, and (iii) any accident, injury or damage whatsoever occurring in or at the Premises while the undersigned or the undersigned’s organization or group is using the facilities. Furthermore, I am financially responsible for any damages done to the Premises during the time of this event. Name of Event Richard S Holland Organizer Dated This 2/12/2024 12:45 PM First Name Richard Last Name Holland Electronic Signature I agree. Agreement Electronic Signature Richard S Holland (Section Break)  8. New Business; item b Council Agenda Memo From: John Prescott, City Manager Meeting: February 20, 2024 Subject: Resolution authorizing a fee for tampering with smoke alarms Presenter: John Prescott Background: The change which Ordinance 1508 would make to the rental housing code is to establish a fine for disabling a smoke alarm. Ordinance 1508 has a second reading on this agenda under Old Business. Discussion: Having a working smoke alarm is a key component of providing a safe living environment. Ordinance 1508 as proposed for second reading includes language for tampering with a smoke alarm. Specifically, the proposed language provides for a fine for tampering to be set by Resolution. A fine of $100 is proposed in the attached Resolution. The fine for not having working smoke detectors is not assessed at the initial inspection. When a rental inspection is made and a violation for not having working smoke detectors is noted, the proposed $100 fine is only charged if the working smoke detector violation has not been corrected at the time of reinspection. Re-inspections for smoke detectors will be made at 30 days. A typical reinspection for other items is 60 days after the initial inspection. The fine increases by $100 in a calendar year for every re-inspection to correct the smoke detectors within the same dwelling unit. The fine is per dwelling unit and not per smoke alarm. Financial Consideration: Collected fees will be placed in the General Fund. Conclusion/Recommendations: Administration recommends approval of a Resolution establishing fees for tampering with a smoke detector as provided for in Ordinance 1508.  RESOLUTION TO ESTABLISH A FINE FOR DISABLING OR TAMPERING WITH SMOKE ALARMS OR DETECTORS WHEREAS, the City of Vermillion does regular inspections on rental housing dwellings; and WHEREAS, working smoke alarms provide occupant notification of a fire and are a crucial instrument for the safety of occupants; and WHEREAS, disabling smoke detectors increases the risks of a timely notification of a fire and lowers the probability of occupants safely exiting the building to a safe area; and WHEREAS, Section 94.02(C) of Vermillion City Code provides that it shall be unlawful for any person, owner, manager, occupant, company, corporation, or person in charge of a dwelling unit, sleeping unit, or premises thereof which they occupy and control to disable or tamper with any required smoke alarms. Any disabling or tampering with smoke alarms may result in a fine set by resolution. NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a regular meeting thereof in the Council Chamber of said city at 7:00 p.m. on the 20th day of February, 2024 the fees be implemented on March 21, 2024 is as follows. Disabling or Tampering with a smoke alarm: $100 per household, per incident. Increase of $100 for each additional incident in a calendar year. Dated at Vermillion, South Dakota this 20th day of February, 2024. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By_______________________________ Jonathan D. Cole, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer  8. New Business; item c Council Agenda Memo From: José L. Domínguez, City Engineer Meeting: February 20, 2024 Subject: Agreement for Professional Services with Helms and Associates for the AWOS III-P Weather Reporting System Project. Presenter: José L. Domínguez Background: The latest capital improvement plan for the airport shows that during the 2024 year, the City would start the construction of the new weather reporting station at the City’s airport. In September 2022, the City Council entered into an agreement with Helms and Associates for the design of the construction of a AWOS III-P weather station. Discussion: The agreement with Helms & Associates is for the bidding and construction administration of the weather reporting station construction project. This agreement would be the first amendment to the original contract signed in September 2022. Financial Consideration: The agreement with Helms and Associates would be for $91,177.24. The City would initially be paying for the entire cost with 95% of the cost being refunded after the project is done. In essence, the City only pays 5% of the cost or close to $4,558.86. Conclusion/Recommendations: Administration recommends allowing the Mayor to sign the Agreement for Professional Services for Airport Project Number AIP 3-46-0056-018- 2022.  8. New Business; item d Council Agenda Memo From: José L. Domínguez, City Engineer Meeting: February 20, 2024 Subject: FAA Grant Application for AWOS III-P Weather Reporting System Project Presenter: José Domínguez Background: The latest capital improvement plan for the airport shows that during the 2024 year, the City would start the construction of the new weather reporting station at the City’s airport. In September 2022, the City Council entered into an agreement with Helms and Associates for the design of the construction of a AWOS III-P weather station. Discussion: The FAA application process will allow the City to start the process to finalize the funding for the project. This grant will be for the construction administration portion of the project as well as for the actual construction of the AWOS. Financial Consideration: At this point there are no financial considerations to discuss. The City has budgeted sufficient funds to cover the City’s 5% share of the grant. Once the agreement is signed the City will be obligated to pay for the 5% share of the grant when the project is completed. Conclusion/Recommendations: Administration recommends authorizing the Mayor to sign the Grant Application Checklist, and to sign any other future documents related to the grant offer, and all necessary paperwork for the Construction Contract Documents.  8. New Business; item e Council Agenda Memo From: José Domínguez, City Engineer Meeting: February 20, 2024 Subject: Renewal of Janitorial Services for City of Vermillion Facilities Presenter: José Domínguez Background: Since late February 2017, the City has contracted with Service Masters of Southeast South Dakota, from Yankton, to perform janitorial services for several City- owned buildings. The original contract signed on February 21, 2023, allows for two one- year additional renewals. This would be the first one-year renewal. Discussion: The buildings cleaned through the janitorial contract are the Service Center, National Guard Armory, Recycling Center, Wastewater Treatment Plant, Edith B. Siegrist Vermillion Public Library, and the Vermillion Fire and EMS, Station 1. The other City buildings are cleaned by City employees. The new price from Service Masters is $45,661.45. Financial Consideration: The 2024 budget includes money for janitorial services. Conclusion/Recommendations: Administration recommends renewing the contract with Service Master of S.E. South Dakota for $45,661.45 and allowing the City Manager to sign the contract.  9. Bid Openings; item a Council Agenda Memo From: José Domínguez, City Engineer Meeting: February 20, 2024 Subject: Bid Opening for AWOS III-P Weather Observing System Project Presenter: José Domínguez Background: The latest capital improvement plan for the airport shows that during the 2024 year, the City would start the construction of the new weather reporting station at the City’s airport. In September 2022, the City Council entered into an agreement with Helms and Associates for the design of the construction of a AWOS III-P weather station. Discussion: The City opened bids for this project on February 15th. Two bids were received. The bids received were: BIDDER BID AMOUNT Efraimson Electric, Inc. (Bryant, SD) $274,904.00 Muth Electric, Inc. (Mitchell, SD) $280,131.87 The engineer’s estimate for the project was $270,500. Financial Consideration: The 2024 budget includes money for this project. Conclusion/Recommendations: Administration recommends awarding the project to the low bid, Efraimson Electrict, Inc, from Bryant, SD, for the amount of $274,904 contingent upon receipt and approval of the DBE Good Faith Effort documentation and on an FAA Grant Offer.  CITY OF VERMILLION INVOICES PAYABLE-FEBRUARY 20, 2024 1 A & B BUSINESS, INC COPIER CONTRACT 202.69 2 A & M SERVICES, INC UNIFORM CLEANING 137.54 3 AARON NEWCOMBE SNOW REMOVAL 1,011.00 4 AMAZON BUSINESS DVDS/BOOKS/SUPPLIES 3,699.54 5 AMERIFLEX FSA/HSA SETUP & ADM FEES 375.30 6 ANDREW WICKRE SAFETY BOOTS REIMBURSEMENT 125.00 7 AT&T MOBILITY MOBILE HOT SPOTS 508.48 8 AUTO VALUE PARTS 686.36 9 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 39,205.23 10 BEST WESTERN PLUS RAMKOTA LODGING 629.94 11 BLACKSTONE PUBLISHING BOOKS 140.22 12 BORDER STATES ELEC SUPPLY WORK SHIRTS 320.90 13 BOUND TREE MEDICAL, LLC BLOOD PRESSURE CUFF 62.58 14 BROADCASTER PRESS ADVERTISING 1,422.30 15 BRUNICKS SERVICE INC FUEL 27,520.16 16 BUHLS CLEANERS MAT/MOP SERVICE 542.96 17 BUTCH'S PROPANE INC PROPANE 6,307.66 18 BUTLER MACHINERY CO. PARTS 9,046.68 19 CASK & CORK MERCHANDISE 579.75 20 CENTURYLINK TELEPHONE 119.24 21 CHAD RIPPERDA REFUND PARKING TICKET OVERPMT 20.00 22 CHAMBERLAIN OIL CO SUPPLIES 1,475.25 23 CHRISTENSEN RADIATOR & REPAIR PART 34.07 24 CLAY RURAL WATER SYSTEM WATER USAGE 87.10 25 CLAY-UNION ELECTRIC CORP ELECTRICITY 2,297.42 26 CLEVELAND GOLF MERCHANDISE 2,084.94 27 COLONIAL LIFE INSURANCE 2,876.47 28 COYOTE SPORTS PROPERTIES SPONSORSHIP 2,000.00 29 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 7,481.03 30 DAKOTA BEVERAGE MERCHANDISE 5,328.20 31 DAKOTA PC WAREHOUSE COMPUTER/SUPPLIES 1,000.94 32 DELTA DENTAL PLAN INSURANCE 7,236.26 33 DUBOIS CHEMICALS SODA ASH 12,056.00 34 ECHO ELECTRIC SUPPLY BREAKER 34.75 35 ENDRESS + HAUSER, INC PART 552.30 36 FARM BUREAU FINANCIAL SERVICE REFUND 20.00 37 FAST AUTO GLASS REPAIRS 836.72 38 FIRE SERVICE TRAINING BUREAU CERTIFICATION FEES 50.00 39 GALLS INCORPORATED UNIFORM 1,026.00 40 GLOBAL DIST. MERCHANDISE 289.00 41 GRAHAM TIRE CO. REPAIRS 583.27 42 GRAINGER VALVE/ADAPTER 852.49 43 GRAYMONT (WI) LLC CHEMICALS 6,218.31 44 GREGG PETERS MANAGERS FEE 6,000.00 45 HARRIS WASTE MANAGEMENT FILTER ELEMENTS 1,259.84 46 HAWKINS INC CHEMICALS 1,759.75 47 HEIMAN FIRE EQUIPMENT SUPPLIES 191.70 48 INGRAM BOOKS 2,239.03 49 INTERNATIONAL CODE COUNCIL MEMBERSHIP 160.00 50 JACKS UNIFORM & EQPT WORK CLOTHING 717.20 51 JETLINE SALES & SERVICE FLEXIBLE CHAIN CUTTER 5,156.00 52 JOHN A CONKLING DIST. MERCHANDISE 975.21 53 JOHNSEN HEATING & COOLING REPAIRS 972.45 54 JOHNSON BROTHERS OF SD MERCHANDSIE 9,314.17 55 JOHNSON CONTROLS SERVICE AGREEMENT 2,018.33 56 JOHNSON ELECTRIC INSTALL LOAD MGMT 800.00 57 JONES FOOD CENTER SUPPLIES 285.80 58 KEITH SCHNEIDERMAN REFUND AMBULANCE OVERPMT 434.24 59 KOLETZKY IMPLEMENT FILTERS 194.35 60 LAYNES WORLD PLAQUE PLATE/ENGRAVING 17.50 61 LINE-X OF SIOUX FALLS BED LINER 654.00 62 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,390.00 63 M.H EBY, INC UTILITY BOX TRUCK BED 20,840.00 64 MARK CLARK TRAVEL REIMBURSEMENTS 3,750.76 65 MATHESON TRI-GAS, INC SUPPLIES 789.94 66 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 134.55 67 MENARDS SHELF/TOTES 540.79 68 MIDAMERICAN GAS USAGE 11,092.96 69 MIDCONTINENT COMMUNICATION CABLE/INTERNET 321.81 70 MIDWEST ALARM CO ALARM MONITORING 219.14 71 MIDWEST RADIATOR & EXHAUST REPAIRS 140.00 72 MIDWEST WHEEL COMPANIES PARTS 113.21 73 MILLS AFTERMARKET ACCESSORIES FULL SIZE SADDLE BOX 966.00 74 McLAURY ENGINEERING CLARK STREET IMPROVEMENTS 52,888.75 75 NETSYS+ PROFESSIONAL SERVICES 1,053.25 76 NEWMAN SIGNS, INC DECALS 245.00 77 NO BULL LANDSCAPING & SNOW REMOVAL SNOW REMOVAL 981.00 78 O'REILLY AUTO PARTS PARTS 455.53 79 OKOBOJI WINES-SD MERCHANDISE 99.00 80 OVERHEAD DOOR OF SIOUX CITY PROFESSIONAL SERVICES 440.00 81 PEPSI COLA OF SIOUXLAND MERCHANDISE 197.91 82 PETE JAHN SAFETY BOOTS REIMBURSEMENT 166.70 83 POMPS TIRE SERVICE, INC. TIRES 3,715.22 84 PRIDE NEON INC FLAG POLE 5,575.00 85 QT POD DPI BOARD 660.43 86 QUADIENT FINANCE USA, INC POSTAGE FOR METER 443.28 87 QUILL SUPPLIES 282.79 88 REDI TOWING TOWING 1,050.00 89 REPUBLIC NATIONAL DISTRIBUTING CO MERCHANDISE 9,533.97 90 RUNNING SUPPLY, LLC SUPPLIES 276.12 91 SANFORD HEALTH OCCUPATIONAL MEDICINE TESTING 1,074.00  92 SD DENR LANDFILL OPERATIONS FEE 3,090.11 93 SD RETIREMENT SYSTEM CONTRIBUTIONS 68,839.11 94 SERVICE FIRST FIRE SPRINKLER ANNUAL INSPECTION 290.00 95 SIOUXLAND HUMANE SOCIETY FEE 37.00 96 SIOUXLAND SCALE SERVICE INSPECTION/TESTING 570.00 97 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,472.20 98 STAPLES BUSINESS CREDIT SUPPLIES 468.45 99 STERN OIL CO. SUPPLIES 142.59 100 STOREY KENWORTHY/MATT PARROT AP/PAYROLL CHECKS 1,038.14 101 TASTE OF HOME BOOKS BOOK 30.98 102 THE HOME DEPOT PRO ANTIBACTERIAL FOAM SOAP 125.12 103 THE LUMBERYARD LLC MATERIALS 130.06 104 TITAN MACHINE-PRODUCTIVITY FILTERS 254.08 105 TITAN MACHINERY PART 131.85 106 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 33.47 107 TRAVIS TAGGART MEALS REIMBURSEMENT 230.00 108 TRITECH SOFTWARE SYSTEMS PROFESSIONAL SERVICES 2,106.00 109 TRUCK-TRAILER SALES REPAIRS 5,500.64 110 ULINE PAILS/LIDS 75.70 111 UNITED PARCEL SERVICE SHIPPING 31.55 112 UNITED WAY CONTRIBUTIONS 551.25 113 UNUM LIFE INSURANCE COMPANY INSURANCE 1,129.07 114 US KIDS GOLF MERCHANDISE 228.87 115 US POSTMASTER POSTAGE DUE 100.00 116 USPS-POC POSTAGE FOR METER 700.00 117 VERMILLION ACE HARDWARE PARTS/SUPPLIES 8,427.87 118 VERMILLION FORD MUDFLAPS 140.00 119 WESCO DISTRIBUTION, INC SUPPLIES 3,490.00 120 WINCRAFT, INC MERCHANDISE 737.68 GRAND TOTAL $404,772.52