City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session March 4, 2024 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, March 4, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Hellwege, Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2. Adoption of Agenda 61-24 Council Member Price moved approval of the agenda. Council Member Murra seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. South Eastern Council of Governments (SECOG) overview – Sophie Johnson Sophie Johnson with SECOG went over what SECOG does and where their budget comes from. Sophie noted that Clay County did the best for them in 2023 with 55M of the 130M grant/loans they received. Sophie noted that for every dollar that the City pays in dues they receive $2,600 back in loans or grants. Sophie then reviewed the different projects that SECOG completed in 2023. Sophie then explained a new program that SECOG is putting together with the DOT called the Safe Street Grant. This grant would identify troublesome areas within the city to keep pedestrians safe. Discussion followed. 5. Draft of Ordinance to clean up language in 30.01 Terms of Office Elijah Malson, Administrative Intern, reported on a cleanup ordinance that would make the ordinances match the home rule charter. Elijah noted that the major changes would remove the alderman language and change it to council member and clean up the terms of the office. 6. Draft of Ordinance to allow the City Council to set the meeting time via a resolution Elijah Malson, Administrative Intern, reported on a draft ordinance to allow the City Council to set the meeting time via a resolution. Elijah noted that this ordinance would allow future councils to set a different time than 7 p.m. 6. Briefing on the March 4, 2024 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 7. Adjourn 62-24 Council Member Murra moved to adjourn the Council special session at 12:54 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 4th day of March, 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 March 4, 2024 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on March 4, 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 February 20, 2024, Special Session and February 20, 2024, Regular Session 63-24 Council Member Murra moved approval of the February 20, 2024, special session and February 20, 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 64-24 Council Member Humphrey moved approval of the agenda. Council Member Jennewein seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard A. Woman’s History Month Proclamation – Human Relations Commission Kia Kronaizl with the Human Relations Commission read the following proclamation: Proclamation Celebrating Women's History Month 2024 WHEREAS, the City of Vermillion recognizes and values the diversity of its current residents as well as the generations who came before us and contributed to our history, and WHEREAS, when that history focuses heavily on political, military, and economic leaders and events, it tends to virtually exclude women, both leaders and ordinary citizens, and WHEREAS, women's history adds very different perspectives about what is historically significant, exploring not just the contributions of leaders in the public sphere, but also examining women's activities in the private sphere and their experiences at the crossroads where the two spheres meet and interact, and WHEREAS, in 1987 a joint resolution passed by Congress declared March as National Women's History Month in perpetuity, and WHEREAS, the National Women's History Month 2024 theme is “Women Who Advocate for Equity, Diversity, and Inclusion," NOW, THEREFORE, we, the Vermillion Human Relations Commission, do hereby proclaim March 2024 as Women's History Month in the City of Vermillion. We encourage residents to educate themselves about and celebrate the contributions of women in our families, our community, our state, and our country. By celebrating our diversity and promoting inclusion, equality, and fairness, we continue to create a stronger and more vibrant community. 6. Public Hearings A. First reading of Ordinance 1511 amending City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Lots 6 & 7, Block 47, Snyders Addition, City of Vermillion, Clay County, South Dakota from the NC – Neighborhood Commercial District to the R-2 Residential District. (Property addressed as 202 N. Dakota Street.) Jose Dominguez, City Engineer, reported on the first reading of Ordinance 1511 amending City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Lots 6 & 7, Block 47, Snyders Addition, City of Vermillion, Clay County, South Dakota from the NC – Neighborhood Commercial District to the R-2 Residential District. (Property addressed as 202 N. Dakota Street.) Jose stated the owner of 202 North Dakota Street, Mr. Marty Gilbertson, has requested to rezone his property from the NC Neighborhood Commercial District to the R-2 Residential District. 202 North Dakota Street consists of Lots 6 & 7, Block 47, Snyders Addition. The area being considered for rezoning is approximately 0.25 acres. The property is bound by North Dakota Street on the east side and East Cedar Street on the south side. The zoning to the south is NC Neighborhood Commercial and to the west its R-2 Residential. Everything east and north is owned by the State and does not fall under the City’s zoning jurisdiction. Jose noted the City has published a notice in the Plain Talk advertising tonight’s meeting and on the City’s website. Additionally, the City also posted notices on the land being rezoned notifying the public of tonight’s meeting. All the property owners within 250 feet of the affected property were also contacted and made aware of the meeting tonight. Jose stated the request to rezone is to make the property easier to develop into residential uses. The existing zoning does allow for residential uses, however, these are conditional, and the owner would need to approach the Planning and Zoning Commission with the request. Jose noted rezoning the land would allow the owner the ability to develop the land into residential uses much quicker by removing the need for a public meeting to discuss the conditional use request. It should also be noted that the adjacent uses, not counting USD, are all residential in nature. The closest business is two blocks south at the corner of East Main and North Dakota streets. Jose stated zoning the parcel to R-2 Residential will allow for residential uses varying from single-family residences to small multi- family structures. It will also remove the ability to use the land for light commercial uses. Jose noted this item was considered by the City’s Planning and Zoning Commission at their February 26th meeting. At that meeting the Commission voted 4-1 to recommend the City Council adopt the amendment as proposed. Members of the public attended the meeting and expressed concerns over off-street parking requirements, changes to the neighborhood with the possible construction of a large multi-family dwelling, possible negative impacts to the on-street parking, and possible affects a multi-family dwelling would have on adjoining single-family detached dwellings. After listening to the public’s concerns, the Planning and Zoning Commissioners discussed the item. Their discussion centered on off-street parking requirements and the need for rezoning the property since the use is currently permitted as a conditional use in the current zoning district. Darlene Farabee, 125 Center Street, stated that she has concerns for this change to zoning. A couple of years ago this owner asked for a lesser setback and a variance for less parking spots. She is concerned this rezone would allow for less space required for setbacks and parking issues. Jose said she is correct that the setback requirements would change. Jim Peterson, VCDC Director, stated that the VCDC supports this zoning change. Marty Gilbertson, 419 Park Lane, stated that they received signatures from all the adjacent owners and 82% of them are in favor of this change. Ailee Johns, 210 Center Street, stated that she was under the impression that the signatures are required to have the conversations, not that they are in favor of this change. Teresa Calhoun, 221 Elm Street, stated that she lives four houses down from this house and was not asked to sign anything. Jose noted that only 46% of the signatures are to be collected to bring the item forward. Jose noted that Gilbertson got the required signatures. Teresa Calhoun noted that everyone else on this block is not owner occupied and her house is the only one that is owner occupied. Darlene Farabee stated that she’s not opposed to having more housing, she is opposed to having the setbacks that are going to facilitate a larger building that can be on that lot. She is afraid this will allow them to overbuild. Discussion followed on the setbacks, signatures and building requirements if the variance is granted. Council Member Murra asked Marty Gilbertson, with the consensus of the Council, what size building they are going to build. Marty said that they have not made any plans. They could put two townhomes there, but until he knows the council’s decision he doesn’t know. 64-24 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Holland moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1511 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.026 rezoning Lots 6 & 7, Block 47 Snyders Addition from the NC – Neighborhood Commercial District to the R-2 Residential District of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 4th day of March, 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. B. Request from SESDAC, Inc. for a variance to increase the density of non-related persons living in a residence used as a Group Home from four people to six people at 306 Jefferson Street. (Legally described as Lots 1 & 2, Block 1 Brechtels Addition, City of Vermillion, Clay County, South Dakota.) Jose Dominguez, City Engineer, reported on a request from SESDAC, Inc. for a variance to increase the density of non-related persons living in a residence used as a Group Home from four people to six people at 306 Jefferson Street. (Legally described as Lots 1 & 2, Block 1 Brechtels Addition, City of Vermillion, Clay County, South Dakota.) Jose stated the City received a petition requesting that the density of non-related individuals living in a residence at 306 Jefferson Street be increased from four to six. If granted, the variance would facilitate the use of the property as a Group Home; which is permitted in the R-2 Residential zoning district. The request was made by the owner, SESDAC, Inc. Jose noted the City Council, acting as the Board of Adjustment (Board), hears and decides on any zoning ordinance variance requests. Section 155.100 of the Zoning Ordinance sets what items may be varied and the process that needs to be followed. Maximum occupant density is an item that can be varied by the Board. The applicant is seeking this variance so that the existing building at this address can be remodeled into a six-bedroom Group Home. Prior to deciding if a variance is to be granted, the Board needs to consider any public comment and review the requirements as defined by ordinance. 65-24 Council Member Letellier moved approval of the variance to increase the density of non-related persons living in a residence used as a Group Home from four people to six people at 306 Jefferson Street. (Legally described as Lots 1 & 2, Block 1 Brechtels Addition, City of Vermillion, Clay County, South Dakota.) This shall be rescinded if the owner or use of the property were to change. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 7. Old Business A. Second 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. Jose Dominguez, City Engineer, reported on the second 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. Jose explained that when an individual requests their property be rezoned there are 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. Jose noted 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. Jose stated 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 stated 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. Jose noted the amendments will include a new subsection ([C][2]) that will set an expiration date on the petitions of 180-days and 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 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. Jose noted 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. No changes have been made since first reading. 66-24 Second reading of title to Ordinance No. 1510, entitled An Ordinance 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 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. 1510 entitled An Ordinance 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 for the City of Vermillion, South Dakota 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 20th day of February, 2024 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 4th day of March, 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 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 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 the 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. (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 & Zoning Commission before the expiration of six months from the date of the final action of the City Council. Dated at Vermillion, South Dakota this 4th day of March, 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 1512 to amend City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 152, Signs; Section 152.02 Definitions; 152.10 Regulations for all Districts; 152.13 Tables, amending Table 1 and 4, and adding Table 6. Jack Baustian, Assistant to the City Manager, reported on the first reading of Ordinance 1512 to amend City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 152, Signs; Section 152.02 Definitions; 152.10 Regulations for all Districts; 152.13 Tables, amending Table 1 and 4, and adding Table 6. Jack reported the City was approached in November 2023 by a prospective business that inquired about off-premise digital advertisements along the Cherry Street corridor. The topic has been an agenda item at five Noon Council meetings: November 20, December 4, December 18, 2023, and January 16 and February 5, 2024. Proposed Ordinance 1512 is a product of the discussions involving the City Council, business owners, Vermillion Area Chamber and Development Company, and City Staff. Jack noted one of the original issues that was brought up was placing an off-premise digital sign that would sell digital advertisement to any interested business or organization within close proximity to residential uses. Staff expressed this concern to the City Council at the initial noon meeting. Jack stated, based off this concern, the City Council reached a consensus that there should be buffer zones or reduced allowable dimensions of off-premise signs so as not to become a nuisance to the neighboring residents. This ordinance includes maximum size guidelines for off-premise signs not to exceed 160 sq. ft. if it is 30 or more feet from the neighboring property lines in the GB district. In summary, the changes to Chapter 152 are:  Amendment of definitions to differentiate the kinds of signs.  Amendment of 152.10 to better describe which freestanding signs are being discussed.  Amendment of Tables 1 and 4 to align with the addition of Table 6: Off-Premise Sign Regulations. Jim Peterson, VCDC Director, is here to represent the company that brought this issue forward. Jim asked if there would be variances for this or if it is concrete and will this be as of today’s off premise or the future. Discussion followed on the first reading of the ordinance. 67-24 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. 1512 entitled An Ordinance Amending Title XV, Land Usage; Chapter 152, Signs; Section 152.02 Definitions; 152.10 Regulations for all Districts; 152.13, Tables, amending Table 1 and 4, and adding Table 6 of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 4th day of March, 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 Humphrey. After discussion Council Member Hellwege rescinded her motion. 68-24 Council Member Murra moved to table the first reading of Ordinance 1512 to amend City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 152, Signs; Section 152.02 Definitions; 152.10 Regulations for all Districts; 152.13 Tables, amending Table 1 and 4, and adding Table 6 to the April 1st meeting. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. B. Annual Library Report. Dan Burniston, Library Director, reported that state law requires the Library Board to prepare and submit an annual report to the governing body and the State Library. Dan reported that the Library Board reviewed and accepted the annual report at their February meeting. Dan reviewed the 2023 Library Annual Report which was included in the packet. Dan answered questions of the City Council on the Library Annual Report. Discussion followed. 69-23 Council Member Price moved to acknowledge receipt of the 2023 Library Annual Report. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 70-23 Council Member Letellier moved to revisit the item previous New Business 8A. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 71-23 Council Member Jennewein moved to reconsider the item previous New Business 8A. Council Member Holland seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 72-24 Council Member Murra moved to post-pone the first reading of Ordinance 1512 to amend City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 152, Signs; Section 152.02 Definitions; 152.10 Regulations for all Districts; 152.13 Tables, amending Table 1 and 4, and adding Table 6 to the April 1st meeting. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. C. Human Relations Commission Appointment. Mayor Cole recommended appointing Aliyah Jackson to the Human Relations Commission for the term that expires May 2024. 73-24 Council Member Jennewein moved approval of the appointment of Aliyah Jackson for the post-secondary term on the Human Relations Commission for the Term that expires May 2024. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. D. Resolution Authorizing the Purchase of a Bluff’s Golf Course Utility Vehicle. Jose Dominguez, City Engineer, reported on a resolution authorizing the purchase of a Bluff’s Golf Course Utility Vehicle. Jose stated that at the August budget sessions, the City Council reviewed the 2024 equipment replacement schedule. As part of the 2024 equipment replacement schedule for The Bluff’s Golf Course, a 2001 Ford F150 is scheduled for replacement. Jose noted that after discussing the replacement with the department head, it was agreed that rather than replacing the 2001 Ford F150 with a new vehicle that the money collected over the years should be used to replace an existing golf course utility vehicle not listed in the equipment replacement fund. The 2001 Ford F150 would be replaced a few years from now with a used truck from a different department that is ready for replacement. The vehicle from the golf course is only used in town for very light duty. However, the utility vehicle is used more often at the golf course for maintenance purposes. Jose noted that since this vehicle is less than $50,000 the City is allowed to purchase directly from a dealer/vendor without going out to bids. However, Staff did get two quotes for similar vehicles to ensure that the City would be receiving the most advantageous bid. Jose stated the City received a quote for a Cushman Hauler Pro X Elite from Miller and Sons Golf Cars, Waterloo, NE, for $15,213.00, and one other quote from Mr. Golf Car, Springfield, SD, for $16,155.00. Jose stated the 2024 Equipment Replacement Fund includes a budget of $22,500 for the purchase of a new 1/2-ton pickup truck. If the utility vehicle is purchased from the low quote of $15,213 the City would be saving $7,287. The savings would stay in the equipment replacement fund and be used on other purchases. The truck being transferred in the future would not require the City to expend funds from the equipment replacement fund since the vehicle would be transferred from a different department. 74-24 After reading the same once, Council Member Ward moved adoption of the following:  RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE BLUFF’S GOLF COURSE WHEREAS, SDCL 5-18A-14 authorizes a governmental entity to purchase equipment directly from a vendor if the cost does not exceed $50,000; and WHEREAS, the City of Vermillion has reviewed and determined that the quote received from Miller and Sons Golf Cars, Waterloo, Nebraska, for a Cushman Hauler Pro X Elite of $15,213.00 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 Cushman Hauler Pro X Elite from Miller and Sons Golf Cars of Waterloo, Nebraska for a price of $15,213.00. Dated at Vermillion, South Dakota this 4th day of March, 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 Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 9 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. E. Furniture Zone Limited Lease permit for Café Brule at 24 W. Main Street for Lease Lot A and for CeeCee’s 605 Scratch Kitchen Bar at 1 East Main Street for Lease Lot E. Katie Redden, Finance Officer, reported on two Furniture Zone Limited Lease permits for Café Brule at 24 W. Main Street for Lease Lot A and for CeeCee’s 605 Scratch Kitchen Bar at 1 East Main Street for Lease Lot E. Katie noted that Monica Iverson with Café Brule requested to Lease Lot A adjacent to 24 W Main Street, the applicant’s business, and in front of 22 W Main. Katie stated that Josh Scherrer submitted an application for Red Steakhouse dba CeeCee’s Cocktail Lounge to Lease Lot E in front of 1 E Main Street. Katie noted both applications plan to set up tables in this area with proper rubbish containers and bollards. The sidewalk permit, if granted, would begin March 10 and expires on November 1, 2024. Per code, Vermillion City Council can authorize these leases. Katie stated the applicants have submitted a crowd management plan. The plan has been reviewed by the Police Department. The physical dimensions of the area and the number of tables limit the number of individuals who would be within the area where alcohol could be served. The Police Chief reported no incidents with the previous use of the sidewalk in prior years. Katie noted in completing the application for a Sidewalk Furniture Use Zone Lease, the applicant has addressed many of the special conditions of other uses of City property involving alcohol. An insurance certificate naming the City as an additional insured, cleanup plan, etc. are part of the sidewalk use permit process. The Sidewalk Furniture Use Zone application documents received to date are attached for background. Katie stated the applicant did not specifically ask to use this area during Dakota Days, but in the Police Chief’s memo the ordinance prevents them from having it during those days without authorization from the City Council. It should be noted that in previous years, the City Council has placed the condition that alcohol sales would not take place during the Dakota Days Parade in the Furniture Use Zone areas. 75-24 Council Member Ward moved approval of the Limited Lease at Lot E for CeeCee’s 605 Scratch Kitchen Bar at 1 East Main Street with restriction of not having the area occupied during the Dakota Days Parade. Council Member Humphrey seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 76-24 Council Member Ward moved approval of the Limited Lease at Lot A for Café Brule at 24 W. Main Street with restriction of not having the area occupied during the Dakota Days Parade. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings A. Jack Powell Addition. Jose Dominguez, City Engineer, reported on BID openings for the Jack Powell Addition. Jose noted that in 2023 the City purchased almost 50 acres of land on the southwest corner of SD Hwy. 50 and SD Hwy. 19. Since the purchase, the land has been platted into two parcels and rezoned to allow for the construction of the Law Enforcement Center (LEC) and future residential uses. Jose noted for the development to occur, infrastructure improvements to the area must be completed. These improvements consist of storm sewer improvements, sanitary sewer improvements, water main construction, street construction, and grading. This infrastructure will allow for any development to occur since it will provide for the basic blocks required for growth; accessibility, drinking water, and wastewater collection. Jose stated the City sent the plans and specifications to 11 plan houses and 34 contractors. Out of those sent, the City received six bids for the bid opening on February 21. The bids received were: • D&G Concrete Construction, Sioux Falls, SD, combined bid of $4,521,794.06 • Barcon, Inc., Lawton, IA, combined bid of $5,026,542.27 • Hulstein Excavating, Inc., Edgerton, MN, combined bid of $5,140,524.54 • Schwartzle Construction, Tea, SD, combined bid of $5,292,664.30 • First Rate Excavate Inc., Sioux Falls, SD, combined bid of $5,486,572.59 • Metro Construction, Tea, SD, for a combined bid of $5,626,100.12 The engineer’s estimate for the combined bid was $5,564,292.70. Jose noted the combined bid includes the base bid of constructing all of Baylor Street, the portions of James Street adjacent to the LEC, all of the sanitary sewers and water mains under these streets, the grading for the entire site minus the seven-acre law enforcement center site, and all of the storm sewer improvements. Jose noted an alternate bid was also requested with the base bid that included the remaining street construction and all the sanitary sewer and water main construction. The combined bid would complete ALL the infrastructure improvements in one phase rather than in several phases. 77-24 Council Member Holland moved approval of the BID from D&G Concrete Construction, from Sioux Falls, SD, for a total of $4,521,794.06. Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. B. Fuel quotes. Katie Redden, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on Item 1, 2, and 3. Item 1 - 4,350 gal. unleaded 10% ethanol: Brunick Service $3.30, Stern Oil $3.291; Item 2 – 3,000 gal. No. 1 & 2 diesel fuel-dyed average price: Brunick Service $3.30, Stern Oil $3.2619; Item 3 - 1,000 gal. No. 1 & 2 diesel fuel-clear average price: Brunick Service $3.59, Stern Oil $3.5149 78-24 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. 10. City Manager's Report A. John reported the Planning & Zoning Commission next meets on Monday, March 11 at 5:30 p.m. at City Hall. There are three items on their agenda. One is reviewing and making a recommendation to the City Council on the boundaries of TIF #8 (Jolley School site), Conditional Use Permit for the construction and operation of storage units at 1017 Cornell Street, and a zoning amendment related to off-street parking requirements. The TIF #8 boundaries would advance to the March 18 City Council agenda. B. John stated the Human Relations Commission meets on Thursday, March 7, 2024 at City Hall at 5:30 p.m. C. John stated the City’s Historic Preservation Commission meets on Wednesday, March 13 at 9:00 a.m. at City Hall. They also have a ribbon cutting for the Jolley Historic District at 4:00 p.m. at Jolley School, 224 S. University Street. D. John noted the March 18 City Council meeting will have a public hearing to consider applying for $2 million in Community Development Block Grant funds for the Wastewater Treatment Plant renovation project. E. John stated the South Dakota Municipal League District meeting is in Harrisburg on Wednesday, April 3. If Council members are interested in attending, please let me know. The event is from 6:00 p.m. to 8:30 p.m. Registration is due by March 18. F. John noted Petitions for City Council positions are available in the Finance Office. Petitions need to be returned by 5:00 p.m. on Tuesday, March 26, 2024.  PAYROLL ADDITIONS AND CHANGES Administration: Elijah Malsom, $11.20/hr; Police: Rebecca Getchell, $20.00/hr; Ambulance: Ty Murray, $20.62/hr; Recreation: Erica Stanton, $11.50/hr, Tori Farmer, $13.00/hr; Pool: Trinity Robinson, $11.50/hr; Golf Maintenance: Josh Prescott, $15.50/hr; Water: Eric McPherson, $36.52/hr; Wastewater: Ethan Gullikson, $23.90/hr; Landfill: Logan Bokemper $20.44/hr, Drew Omelian, $20.44/hr 11. Invoices Payable 79-24 Council Member Price moved approval of the following invoices: A & M SERVICES, INC UNIFORM CLEANING 120.00 AMAZON BUSINESS SUPPLIES 2,154.26 A-OX WELDING SUPPLY CO CHEMICALS 2,146.50 APPEARA SHOP TOWELS 45.00 AQUA-PURE INC CHEMICALS 9,640.00 AUTO VALUE PARTS 909.47 BLACKSTONE PUBLISHING BOOKS 210.79 BLUEPEAK TELEPHONE/INTERNET/911 CIRCUIT 5,089.91 BOOK SYSTEMS, INC SUBSCRIPTION 4,400.00 BOOKPAGE SUBSCRIPTION 414.00 BORDER STATES ELEC SUPPLY SWEATSHIRTS 127.99 BOUND TREE MEDICAL, LLC SUPPLIES 5,390.93 BUTLER MACHINERY CO. PARTS 241.47 CAPITAL CITY REPAIRS 569.06 CAPITAL ONE SUPPLIES 1,043.53 CASK & CORK MERCHANDISE 1,121.94 CENTURYLINK TELEPHONE 78.59 CENTURYLINK TELEPHONE 597.57 CHAMBERLAIN OIL CO SUPPLIES 184.40 CITY OF VERMILLION POSTAGE/COPIES 1,072.23 CITY OF VERMILLION CITY UTILITY BILLS 37,631.74 CLAY COUNTY SHERIFFS OFFICE MIDAMERICAN BILL-GAS USAGE 179.05 CORNHUSKER INTERNATIONAL TRUCKS, INC SUPPLIES 27.76 DAKOTA BEVERAGE MERCHANDISE 7,839.17 DAKOTA PUMP & CONTROL CO. PUMP/REPAIRS 31,906.52 DENNIS MARTENS MAINTENANCE 833.34 DIVISION OF MOTOR VEHICLE TITLE/PLATES 31.70 D-P TOOLS SUPPLIES 360.77 DREW OMELIAN SAFETY BOOTS REIMBURSEMENT 143.37 ECHO ELECTRIC SUPPLY SUPPLIES 106.86 ERIC McPHERSON CERTIFICATION EXAM REIMBURSEMENT 60.00 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,351.11 FAST AUTO GLASS WINDSHIELD 440.00 GALLS INCORPORATED NAME PLATES/PANTS 711.26 GLOBAL DIST. MERCHANDISE 222.00 GLOBAL INDUSTRIAL UNIVERSAL DOLLY 226.95 GRAYMONT (WI) LLC CHEMICALS 6,065.95 GREGG PETERS MANAGERS FEE/KORONA.CLOUD SUBSCRIPTION 3,585.67 GREGG PETERS RENT 937.50 GREGOIRE EXCAVATING, LLC CONCRETE BALLAST 1,358.16 HANSEN LOCKSMITHING KEY CARDS 24.00 HEIMAN FIRE EQUIPMENT FIREFIGHTER EQUIPMENT 12,071.15 HILLYARD/SIOUX FALLS SAFETY GLASSES 15.96 INGRAM BOOKS 1,525.29 JACKS UNIFORM & EQPT UNIFORM PANTS 184.80 JOHN A CONKLING DIST. MERCHANDISE 2,237.94 JOHN C. PRESCOTT TRAVEL REIMBURSEMENT 1,170.00 JOHNSEN HEATING & COOLING REPAIRS 2,307.21 JOHNSON BROTHERS OF SD MERCHANDISE 20,801.24 JONES FOOD CENTER SUPPLIES 1,624.02 K & M TIRE TIRES 740.00 KIMBALL MIDWEST SUPPLIES 158.02 KNIFE RIVER MIDWEST, LLC UPM HIGH PERFORMANCE 1,630.00 LAKE COUNTRY CORPORATION LIONS PARK CAMPGROUND SIGNS 2,085.66 LEISURE LAWNS, LLC LAWN APPLICATIONS 1,062.62 LIBCHALK SUPPORT 425.00 LOFFLER COPIER CONTRACT 437.94 LSC ENVIRONMENTAL PRODUCTS, LLC SUPPLIES 50.79 MAIN STREET CENTER 1ST QTR CONTRIBUTION 4,000.00 MASABA, INC MATERIALS 74.97 MENARDS MAILBOXES 87.27 MIDWEST TURF & IRRIGATION PARTS 132.98 MIDWEST WHEEL COMPANIES LIGHT BRACKET/HARDWARE KIT 315.96 MOBOTREX MOBILITY & TRAFFIC EXPERTS PART 212.85 MOORE WELDING & MFG REPAIR 172.50 NETSYS+ PROFESSIONAL SERVICES 907.50 ODEYS INC PITCH PRO GAME MOUND/TURF REPAIR KIT 11,367.80 O'REILLY AUTO PARTS PARTS 375.66 PALMETTO GBA RAILROAD MEDICARE REFUND AMBULANCE OVERPAYMENT 9.30 PORTABLE COMPUTER SYSTEMS, INC VEHICLE DOCK/SCREEN STIFFENER 3,762.78 POWERPHONE, INC ANNUAL SUPPORT/MAINTENANCE 449.55 PRAIRIE BERRY WINERY MERCHANDISE 786.00 PRESSING MATTERS SUPPLIES 742.00 PRESTO-X-COMPANY INSPECTION/TREATMENT 474.96 QUILL SUPPLIES 110.08 REDI TOWING TOWING 450.00 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE 8,990.38 REQUIP, LLC REPAIRS 6,695.00 RICK'S RADIATOR & HEATER REPAIR REPAIRS 95.00 ROCKMOUNT RESEARCH & ALLOYS, INC SUPPLIES 552.03 RUNNING SUPPLY, LLC SUPPLIES 1,349.74 SANFORD HEALTH MEDICAL SUPPLIES 441.99 SD LIBRARY ASSOCIATION DUES 818.00 SD SHAKESPEARE FESTIVAL CONTRIBUTION 5,000.00 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,502.80 SIGN SOLUTIONS SUPPLIES 4,213.62 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,008.02 STEWART OIL-TIRE CO TIRES 1,184.85 STUART C. IRBY CO. SUPPLIES 4,706.60 SUN MOUNTAIN MERCHANDISE 174.10 SUPERIOR HOOD STEAMERS, INC HOOD/VENT CLEANING 795.00 TRACTOR SUPPLY CREDIT PLAN TRAILER CABLE BLADE 49.99 TRITECH SOFTWARE SYSTEMS PROFESSIONAL SERVICES 9,377.32 TURNER PLUMBING REPAIRS 359.38 TWIN CITY HARDWARE REPAIRS 351.37 TWO WAY SOLUTIONS HEADREST PRINTER MOUNTS 2,778.14 UNITED LABORATORIES SUPPLIES 351.97 US KIDS GOLF MERCHANDISE 235.30 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,450.00 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 3,324.77 VERMEER HIGH PLAINS REPAIRS 234.35 VERMILLION ACE HARDWARE SUPPLIES 7,028.09 VERMILLION CULTURAL ASSOCIATION FUNDING 5,000.00 VERMILLION FORD MUDFLAPS 70.00 VERMILLION GARBAGE SERVICE MONTHLY HAULING 913.50 VISA/FIRST BANK & TRUST SUPPLIES/TRAVEL 12,655.60 WESCO DISTRIBUTION, INC SUPPLIES 17,394.60 Council Member Hellwege seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing for March 18, 2024 for a Special Daily Malt Beverage and Wine License for the South Dakota Shakespeare Festival on or about June 6-9, 2024 at the Prentis Park bandshell area. 80-24 Council Member Ward moved approval of the consensus agenda. Council Member Price seconded the motion. Motion carried 9 to 0. Mayor Cole declared the motion adopted. 13. Executive Session per SDCL 1-25-2(3) Ward moved to go into executive session at 8:52 p.m. for Executive Session per SDCL 1-25-2(3). Murra seconded the motion. Vote 9 to 0. Mayor Cole declared the council out of Executive Session at 10:12 p.m. 14. Adjourn 81-24 Council Member Murra moved to adjourn the Council Meeting at 10:13 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 4th day of March, 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 ___________.