City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session March 18, 2024 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, March 18, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Holland, Humphrey, Jennewein, Murra, Price, Ward, Mayor Cole Absent: Hellwege, Letellier 2. Adoption of Agenda 82-24 Council Member Humphrey moved approval of the agenda. Council Member Holland seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Masaba expansion plans – Masaba CEO Jerad Higman Jerad Higman, CEO of Masaba, presented plans for a new 125,000 square foot building to be built north and west of their current building. Jerad stated this building would be a $30 million project that would create 35 jobs. Jerad requested from the City a $300,000 sales tax rebate on equipment and building costs. Discussion followed on the project and the economic impacts. 5. Vermillion Chamber and Development Company quarterly update – Executive Director Jim Peterson Jim Peterson, Executive Director VCDC, reported on the quarterly progress with the VCDC. Jim went over a daycare study that was completed along with a daycare grant that is being applied for. Finally, Jim went over the housing and realty movement within the City. Discussion followed. Council Member Ward excused himself at 12:54p.m. 6. Review of proposed sign code language – City Manager John Prescott Mayor Cole stated that due to timing, this item will be moved to the next council meeting. 7. Briefing on the March 18, 2024 City Council Regular Meeting Council reviewed items on the agenda with city staff. No action was taken. 8. Adjourn 83-24 Council Member Murra moved to adjourn the Council special session at 1:01 p.m. Council Member Price seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 18th 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 18, 2024 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on March 18, 2024 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Humphrey, Letellier, Price, Ward, Mayor Cole Absent: Holland, Jennewein, Murra 2. Pledge of Allegiance 3. Minutes A. Minutes of March 4, 2024 Special Session and March 4, 2024 Regular Session 84-24 Council Member Humphrey moved approval of the March 4, 2024, special session and March 4, 2024 regular session minutes. Council Member Hellwege seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 85-24 Council Member Price moved approval of the agenda. Council Member Ward seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard A. Trans Day of Visibility Proclamation – Human Relations Commission. Phil Terwilliger with the Human Relations Commission read the follow proclamation: PROCLAMATION NATIONAL TRANSGENDER DAY OF VISIBILITY WHEREAS, the Vermillion Human Relations Commission recognizes the importance of promoting equality, acceptance, and understanding within our diverse community; and WHEREAS, on March 31st of each year the worldwide LGBTQ+ community comes together to celebrate the lives and contributions of trans people, while also drawing attention to the poverty, discrimination, and violence the community faces; and WHEREAS, the International Transgender Day of Visibility was created in 2010 by trans advocate Rachel Crandall as a day when people could re- focus on celebrating the lives of transgender people, empowering them to live authentically, while still acknowledging that due to discrimination, not every trans person can or wants to be visible; and WHEREAS, it is still necessary for trans people to be seen through authentic, diverse, and accurate stories which reflect the actual lived experiences of trans people; both for themselves and for those people who believe they've never met a trans person. WHEREAS, it is incumbent upon us as a community to celebrate all members of our community and to commit to creating a more inclusive and accepting society for all individuals, regardless of their gender identity or expression; and WHEREAS, the Vermillion Human Relations Commission firmly believes in fostering a community that welcomes, values, and accepts all people NOW, THEREFORE, we, the Vermillion Human Relations Commission, do hereby proclaim March 31st, 2024, as National Transgender Day of Visibility in Vermillion. B. Proclamation recognizing the Vermillion High School Girls’ Basketball Team as the 2024 State “A” Tournament Champion. Mayor Cole read the following proclamation: WHEREAS, the City of Vermillion wishes to honor and recognize the Vermillion High School Girls’ Basketball Team on their winning season; and WHEREAS, the commitment required for student-athletes to be a part of a sports team includes meeting required grade and attendance requirements, in addition to attending daily practices and scheduled games and tournaments; and WHEREAS, the 2023-24 Vermillion High School Girls’ Basketball Team has supported one another, demonstrated teamwork, determination, and found a way to get it done; and WHEREAS, on March 8, 9, and 10, 2024, the Vermillion High School Girls’ Basketball Team competed and won all three games in the Class A State Championship Tournament in Brookings, South Dakota; and WHEREAS, the 2023-24 Vermillion High School Girls’ Basketball Team won the 2024 South Dakota State “A” Basketball Tournament by defeating the Tea Area Titans 60-54 in the championship game. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, for and on behalf of its citizens, do hereby wish to recognize and extend congratulations to the 2023-2024 Vermillion High School Girls’ Basketball team for winning the 2024 South Dakota State A Basketball Tournament: Kasey Hanson, Julise Shaw, Taeli Barta, Lexi Hanson, Taylor Reuvers, Mya Halverson, Brooklyn Voss, Jenaya Cleveland, Bailey Baylor, MaKenzie Richardson, Chandler Cleveland, Brooke Jensen, and Madigan Wallin. BE IT FURTHER RESOLVED that the Vermillion City Council hereby recognizes the dedication of the Student Managers Kristen Moser, Annika Barnett, Tessa Peterson, and Brytten Brooks, the support and encouragement of Cheerleaders Allie Big Crow, Chloe Klunder, Addelle Mahowald, Zadie Wattenbarger, Cheer Coach Linda Alvey, and the dedication and guidance of the team’s coaching staff Doug Hanson, Kari Jensen, Kelly Knutson, and Head Coach Jon Brooks. Dated at Vermillion, South Dakota this 18th 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 6. Public Hearings A. Authorize the application for a $2,020,000 Community Development Block Grant award for the Wastewater Treatment Plant renovation project. Sophie Johnson, SECOG, reported on an application for a Community Development Block Grant (CDBG). Sophie noted that over the last eighteen months, the City Council has toured the Wastewater Treatment Plant and completed other steps in developing a renovation plan to improve and update the operations. The Wastewater Facility improvements will include demolition and rebuilding of the pretreatment building and replacing the equipment, replacing the pump gallery and increasing clarifier depth, updating hydraulic profile to reduce process flow pumping, general building updates, replacing SCADA (supervisory control and data acquisition), and boring a new pipe under the river. Sophie stated a Facility Plan for the improvements was approved by the City Council, submitted to the State, and approved for placement on the Department of Agriculture and Natural Resources State Water Plan which provides eligibility for grants and loans. The City applied for and was awarded a State Revolving Fund (SRF) loan of up to $23.1 million. The loan would be repaid at 3.25% interest over the course of 30 years. Sophie noted that City Staff have been working to identify grant funding to reduce the loan amount that has to be repaid by wastewater rates. The Governor’s Office of Economic Development (GOED) administers the Community Development Block Grant (CDBG) program for the state. CDBG awards come from federal Housing and Urban Development funds provided to states for community improvements that will benefit low- and moderate- income individuals. Vermillion automatically qualifies for CDBG funding based on community data. Last year GOED raised the maximum CDBG award to $2 million. Sophie stated SECOG has been assisting the City with the CDBG application process. One timeline in obtaining funding for the project is to have a CDBG application submitted by April 1, 2024, with GOED consideration during the second quarter of 2024. Sophie noted the renovation project is currently in the engineering stages. It is anticipated that the work will be placed out for bid in early 2025. The work would take approximately 24 months to complete. The estimated project costs are as follows: Construction $19,976,000 Engineering $3,124,000 Legal & Administration $20,000 Grant Administration $20,000 Total $23,140,000 Sophie noted a requirement of the CDBG application process is to conduct a public hearing to explain the project and complete a Community Development and Housing Needs Assessment with a public input component. A draft document to start the Community Development and Housing Needs Assessment was provided. The Council discussed the Needs Assessment. 86-24 Council Member Price moved to close the public hearing for the Application for Community Development Block Grant funding for Wastewater Treatment Plant improvements. Council Member Ward seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. B. 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. Katie Redden, Finance Officer, reported that the South Dakota Shakespeare Festival has applied for a special daily malt beverage and wine license for the Shakespeare performances on June 6-9, 2024, at the Prentis Park bandshell area. Katie stated that the Police Chief’s report and notice of hearing are included in the packet. Katie stated that, since the event is being held on City property, ordinance provides that the City Council may include such conditions and restrictions as the governing body deems appropriate. Katie stated that the certificate of insurance naming the City as additional insured with liquor liability has not been received at this time. The Police Chief is recommending the following parameters be established: 1. Wristbands will be distributed by the volunteers when IDs are checked to ensure purchases and consumers are over 21 years of age. 2. The South Dakota Shakespeare Festival will provide ushers who will monitor both the purchase area and the audience grounds within the  area delineated. Ushers will ensure that no one removes a beverage from the audience area or the fenced concession area. 3. The fenced concession area and the audience area will have posted signs instructing consumers not to remove alcoholic beverages from the two designated areas, and the direct path between them. Katie recommended approval of the special permit contingent upon the receipt of the certificate of insurance and complying with the Police Chief’s recommendations unless information is presented at the public hearing. Discussion followed. 87-24 Council Member Price moved approval of the Special Daily Malt Beverage and Wine License for the South Dakota Shakespeare Festival for the Shakespeare Festival on June 6-9, 2024, in the Prentis Park bandshell area. Council Member Humphrey seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. C. First reading of Ordinance 1513 amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.072 Off-street Parking, (B) Required Parking Spaces; by modifying the off-street parking requirements for multiple-family dwellings and to consider allowing garages to count as off-street parking for multiple-family dwellings. Jose Dominguez, City Engineer, reported on the first reading of Ordinance 1513 amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.072 Off-street Parking, (B) Required Parking Spaces; by modifying the off-street parking requirements for multiple-family dwellings and to consider allowing garages to count as off-street parking for multiple-family dwellings. Jose noted on November 6, 2023, Staff presented to the City Council the current off-street parking requirements for multi-family dwellings. The presentation was requested by the City Council due to a few possible developments that were concerned with the number of off-street parking spaces required for one-bedroom dwelling units. Additionally, the developers were concerned with the construction cost of the required parking and with the amount of space the requirements take away from the construction of dwelling units. The presentation was attended by local developers, the Vermillion Area Chamber and Development Company, local contractors, and rental owners. After the presentation and public discussion, Staff was directed to form a committee to discuss possible amendments to the ordinance requiring off-street parking for multi-family units. Jose noted the committee consisted of two developers/rental owners, two residents (not developers/rental owners), two City Council members, two Planning and Zoning Commissioners, and an ex-officio member from USD. The committee met on December 7 and 20, 2023. The committee’s recommendations were presented to the City Council at the February 5th noon meeting. After considering the recommendations, the City Council asked Staff to proceed with presenting the proposals to the Planning and Zoning Commission. Jose reported that at the February 5th meeting, Staff presented all the options for off-street parking and garages considered by the committee. The off-street parking proposals consisted of four different options, see the table below: Options 4-bedroom 3-bedroom 2-bedroom 1-bedroom Additional “A” 4.25 3.33 2.5 1.5 0 “B” 4 3 2 1.5 10% of total dwellings “C” 4 3 2 1.5 0 “D” 1.5 1.5 1.5 1.5 0 Jose stated that from these, the option preferred by the committee was Option “B”. This option addressed the initial request of reducing the number required for one-bedroom units. However, larger apartment units would be required to provide more off-street parking than currently required. Jose stated that currently the off-street parking for multi-family dwellings is calculated based on the greater of two items. Staff first calculated the number of off-street parking based on the number of dwellings (e.g. two parking spaces per one dwelling). This value is compared with the value calculated by providing one space per bedroom. The greater of these two values is what needs to be provided by the developer. Jose stated the second item considered by the committee, and presented to the City Council, was the use of garages as off-street parking. The committee considered three following options: Option 1 stall garage 2 stalls or larger “1” 1 2 “2” 0.5 1 “3” 0 1 Jose stated the committee recommended that the Council proceed with Option “2”. However, the City Council was conflicted in the decision and recommended that the Commission consider either Option “2” or Option “3”. This was due to Staff’s concern with possible enforcement issues if Option “2” was chosen. Jose noted, currently, garages do not count towards the off-street parking calculation. This is because garages are sometimes not used by the tenant for parking and are used for storage, garages are sometimes rented out by the landlord separately and no other off-street parking is provided for the tenants, or in some instances garages are rented out by the landlord to individuals that do not live in the apartment building. Jose reported the Planning and Zoning Commission considered this item and conducted a public hearing at their March 11th meeting. At the hearing, most of the questions from the public were for further clarification on how each of the options differed from each other. However, the main comment was wanting to count garages on a one-to-one ratio rather than the way it was proposed by Staff. After public comments, the Commission discussed the item and chose to amend Staff’s garage proposal from Option 3 to Option 2. This option was seen by the Commission as a compromise between allowing garages to count on a one-to-one ratio or allowing only two-stalls, or larger, garages to count as one parking spot. The Commission recommended 6-0 that the Council adopt Option “B” and Option “2”. The amendment being presented reflects the Commission’s recommendation. Jose stated the proposed ordinance takes into consideration providing some relief to developers constructing largely one-bedroom dwelling units. However, the amendment keeps in mind that developments that offer many dwellings with multiple bedrooms must also provide additional parking for visitors. Additionally, allowing garages to count towards off-street parking would provide relief to some developers who may elect to construct garages for the use of off-street parking by their tenants. Jim Peterson, VCDC executive director, showed his support for this to get more housing built within the city. Darlene Farabee, 125 Center, is concerned about changing the parking requirements for the entire town. Changing the requirements in certain neighborhoods would be more beneficial instead of the entire city. Darlene stated that the council denied a variance directly related to this. Council Member Ward discussed the studies conducted since denying the variance Darlene referred to. Ward noted that since all the studies and compromises that have been discussed this is the best option for the community. 88-24 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. 1513 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.072 Off-Street Parking, (B) Required Parking Spaces; by modifying the off-street parking requirements for multiple-family dwellings and to consider allowing garages to count as off-street parking for multiple-family dwellings 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 18th 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 the question of adoption of the Resolution was put to a vote of the Governing Body and 6 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. 7. Old Business A. Second reading of Ordinance 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 second 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 N. Dakota Street, Mr. Marty Gilbertson, has requested to rezone his property from the NC Neighborhood Commercial District to the R-2 Residential District. 202 N. 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 it’s R-2 Residential. Everything east and north is owned by the State and does not fall under the City’s zoning jurisdiction. 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. Council Member Hellwege stated that looking back on the last couple of years the council has learned a lot about the housing situation. Hellwege noted that the parking ordinance came along with a lot of community input. Hellwege noted that there is more evidence that is available to the council and community about parking and other requirements. Hellwege noted that it’s a challenging issue because she agrees with having a housing problem. Hellwege noted that she is frustrated about the opportunistic approach for someone to come back to the council after being denied and trying for the same outcome with a different type of motion by the council. 89-24 Second reading of title to Ordinance No. 1511, entitled An Ordinance 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 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. 1511 entitled 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 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 4th day of March, 2024 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th 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 1511 AN ORDINANCE 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. 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 Lots 6 & 7, Block 47, Snyders Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the NC Neighborhood Commercial District and included in the R-2 Residential District. Dated at Vermillion, South Dakota this 18th 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 Humphrey. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege - Y, Humphrey - Y, Price - Y, Letellier - Y, Ward - Y, Mayor Cole - Y Motion carried 6 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Resolution authorizing a Community Development Block Grant Project Certifying Officer. Sophie Johnson, SECOG, reported on a resolution authorizing a community development block grant project to certify an officer. Sophie stated that there was a public hearing earlier on this agenda as part of the process of applying for Community Development Block Grant (CDBG) award. The public hearing is related to applying for a CDBG award for a project to make needed improvements at the Wastewater Treatment Plant. CDBG awards are federal Housing and Urban Development funds distributed to the states. The Governor's Office of Economic Development (GOED) administers the CDBG program for South Dakota. GOED works in partnership with the planning districts to distribute the CDBG funds. SECOG would administer the grant and is reimbursed through the CDBG award for their services. Sophie stated that CDBG awards originated as federal funds, the City Council is asked to consider adopting the Resolution which does two things. The Resolution authorizes the submission of the CDBG application for $2,020,000 in funding for the Wastewater Treatment Plant project. The Resolution also authorizes a CDBG Project Certifying Officer. The Resolution proposes that the City Manager would sign grant agreements, contracts, correspondence, pay requests, and other documents. The City Manager has performed these functions for previous CDBG awards received by the City. Authorizing the City Manager to sign contracts does not preclude contracts from being brought before the City Council for approval. 90-24 After reading the same once, Council Member Price moved adoption of the following: RESOLUTION FOR COMMUNITY DEVELOPMENT BLOCK GRANT SPONSORSHIP AND PROJECT CERTIFYING AND ENVIRONMENTAL CERTIFYING OFFICER WHEREAS, the City of Vermillion has identified the need for improvements at the Wastewater Treatment Plant WHEREAS, financial assistance will be necessary to enable the City to construct the project; and WHEREAS, the City of Vermillion wishes to request assistance from the Community Development Block Grant Program of the South Dakota Governor’s Office of Economic Development; and WHEREAS, the City is required to designate a Project Certifying Officer for the purpose of signing required documents pertaining to the grant; and WHEREAS, the City is required to designate an Environmental Certifying Officer for the purpose of signing required environmental documents pertaining to the grant. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion that: 1. The City of Vermillion hereby authorizes the filing of the Community Development Block Grant application with the South Dakota Governor’s Office of Economic Development, including all understandings and assurances contained therein. 2. Be it further resolved that the City of Vermillion hereby authorizes its City Manager to act as project Certifying Officer and Environmental Certifying Officer in connection with the application and other required forms and to provide such additional information as may be required by the South Dakota Governor’s Office of Economic Development. In the City Manager’s absence, the Mayor is authorized to act as the Project Certifying Officer and Environmental Certifying Officer in connection with the application and other required forms and to provide additional information as may be required by the South Dakota Governor’s Office of Economic Development. Dated at Vermillion, South Dakota this 18th 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 Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. B. Resolution providing match for SDHDA grant for Jolley School site. John Prescott, City Manager, reported on a resolution providing a match for the SDHDA grant for Jolley School Site. The City made an application to the South Dakota Housing Development Authority (SDHDA) for Housing Infrastructure Financing Program (HIFP) / American Rescue Plan Act (ARPA) funds in January. The City received notice of a conditional commitment of $325,000 of grant funding in February. The funding would be utilized to develop infrastructure to support the redevelopment of the Jolley School Site for housing and a park. John stated the packet included a copy of the conditional commitment for the HIFP/ARPA grant. One of the conditions is that the local funding for the proposed project that will match the SDHDA Grant awarded be documented. In the grant application, the City has proposed the following local match of funding sources: •$500,000 from the Second Penny fund reserve. The City Council will loan these funds with an interest rate of 3%. Staff is proposing that these funds be repaid from the tax increment financing receipts and lot sales. •$260,500 from General fund reserve. The City Council will loan these funds with an interest rate of 3%. Staff is proposing that these funds be repaid from the tax increment financing receipts and lot sales. John noted Staff will recommend that the General Fund reserve loan be repaid first as the General Fund is typically the tightest of all City funds due to the many demands placed on the fund. The total cost of the improvements for the site is estimated to be $1,085,500. The actual cost is not yet known as the work has not been placed out for bids at this time. 91-24 After reading the same once, Council Member Ward moved adoption of the following: A RESOLUTION COMMITTING FUNDING FOR THE FINANCING OF INFRASTRUCTURE DEVELOPMENT IN THE JOLLEY SCHOOL SITE AS PART OF THE LOCAL MATCH REQUIREMENT FOR FUNDING FROM THE SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY WHEREAS, the City of Vermillion (City) has received a Conditional Commitment of financial assistance from the South Dakota Housing Development Authority (SDHDA) for the purpose of promoting housing development in South Dakota; and WHEREAS, SDHDA has provided a conditional commitment of $325,000 of Housing Infrastructure Financing Program (HIFP) / American Rescue Plan Act (ARPA) grant funds; and WHEREAS, SDHDA desires to have documentation of all funding sources matching HIFP / ARPA grant funds including the amount, conditions, rate, and terms; and WHEREAS, the City of Vermillion is utilizing several different funds to provide the local match. NOW, THEREFORE, BE IT RESOLVED, the Governing Body of the City of Vermillion will provide at least $500,000 of Second Penny funds in the form of a loan at 3% per annum as part of the local match to the Housing Infrastructure Finance Program grant awarded for the project at the Jolley School Site. BE IT FURTHER RESOLVED, the Governing Body of the City of Vermillion will provide $260,500 of funding from the General Fund in the form of a loan at 3% per annum as part of the local match to the Housing Infrastructure Finance Program grant awarded for the project at the Jolley School Site. BE IT FURTHER RESOLVED, the loans will be repaid from lot sales from the redeveloped Jolley School Site and tax increment financing receipts. Dated at Vermillion, South Dakota this 18th 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 Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. C. Resolution authorizing the purchase of Camera Equipment for the Wastewater Department’s Camera Van. Jose Dominguez, City Engineer, reported on a resolution Authorizing the Purchase of Camera Equipment for the Wastewater Department’s Camera Van. Jose stated at the August 2023 budget sessions, the City Council reviewed the 2024 equipment replacement schedule. As part of the 2024 equipment replacement schedule Staff presented the option of replacing the camera equipment on the Wastewater Department’s Camera Van. Jose stated the City’s current camera van is a 1993 Chevrolet ambulance acquired from the City’s EMS Department. This vehicle was transferred in 2009 to the Wastewater Department and new camera equipment was installed that same year. Jose noted the camera van is used by the City to conduct inspections of the sanitary and storm sewer systems. Due to the age of the equipment (15 years), the lack of software updates, and the lack of spare parts for repairs has made it extremely difficult to keep the equipment operational for long periods of time. This type of equipment typically lasts around five years in a commercial setting. Staff originally anticipated the equipment to last around 10 years due to the light usage that was expected. Jose noted staff is proposing to utilize a Sourcewell bid awarded to Rausch USA for the purchase and installation of new camera equipment in the City’s 1993 Chevrolet Camera Van. The agreement includes the new equipment (e.g. camera, monitors, controller, computer, shelving, and pulley assemblies), installation of equipment, and freight (e.g. getting the camera van to and from the site where the installation will occur). The bid from Rausch USA was $171,593.00. Jet Line Sales and Service, Kensington, MN, will honor the Sourcewell bid. Jose stated the 2024 Equipment Replacement Fund includes a budget of $174,000 for the camera equipment purchase and installation. The proposed cost for equipment and installation is $171,593. Based on the total, the City would see a savings of $2,407. These savings will remain in the fund and be used on other purchases. 92-24 After reading the same once, Council Member Ward moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF CAMERA EQUIPMENT FOR THE WASTEWATER DEPARTMENT’S CAMERA VAN 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 Rausch USA for new camera equipment (e.g. camera, monitors, controller, computer, shelving, and pulley assemblies); and for the installation of the equipment in the City’s existing camera van; and for the transportation cost to transport the City’s camera van to/from the location where the equipment will be installed for a price of $171,593.00 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Jet Line Sales and Service, of Kensington, MN, and they have agreed to allow the City to purchase the equipment, install it in the City’s current camera van, and transport the City’s current camera van to/from the location where the installation will occur 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 purchase new camera equipment (e.g. camera, monitors, controller, computer, shelving, and pulley assemblies); and for the installation of the equipment in the City’s existing camera van; and for the transportation cost to transport the City’s camera van to/from the location where the equipment will be installed from Jet Line Sales and Service, Kensington, MN, for a price of $171,593.00. Dated at Vermillion, South Dakota this 18th 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. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. D. Consolidated Board of Equalization appointments. Katie Redden, Finance Officer, reported that, as part of the Consolidated Board of Equalization agreement between the County, City and School, the City needs to appoint three members to serve on the Consolidated Board of Equalization that will meet April 9th and, if needed, another day later in April. Katie noted that the appointment should include that the remaining Council members will serve as alternates if one of the members is unable to serve. Discussion followed with Council Members Ward, Humphrey, Holland with Hellwege as the first alternate and the balance of the City Council also serving as alternates. 93-24 Council Member Ward moved approval of the appointment of Council Member Ward, Humphrey, Holland with Hellwege as the first alternate and the balance of the City Council also serving as alternates on the Consolidated Board of Equalization. Council Member Price seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. E. Resolution affirming that the City of Vermillion has an Employee Drug and Alcohol Policy in place as part of Community Development Block Grant application requirements. Sophie Johnson, SECOG, reported on a resolution affirming that the City of Vermillion has an Employee Drug and Alcohol Policy in place as part of Community Development Block Grant application requirements. Sophie noted that Community Development Block Grant funds are federal Housing and Urban Development funds awarded to states for administration. The Governor’s Office of Economic Development awards and administers CDBG funds in South Dakota. One requirement of the CDBG awards is documentation of a Drug and Alcohol Policy for the employees of award recipients. Adoption of a Fair Housing Policy and a Relocation, Displacement, and Acquisition policy are similar types or requirements. Sophie stated the City does not have to approve each of the policies with the submission of each CDBG application. The City needs to provide documentation of the adoption of the policy within the last five years of submitting a CDBG application for funding. There is not a current resolution affirming that the City of Vermillion’s Drug and Alcohol Policy is in place. The Resolution is needed as part of submitting the CDBG application for funding to assist with the Wastewater Treatment Plant project. Sophie stated the Resolution does not alter or amend the City of Vermillion’s Drug and Alcohol Policy that is in the Personnel Manual. The Resolution notes that the policies have been in place since the comprehensive revision to the personnel manual in 2014 and were reaffirmed in 2022 when updates to the personnel manual were made. One of the updates made in 2022 was related to the drug policy as State laws regarding medical cannabis changed. 94-24 After reading the same once, Council Member Price moved adoption of the following: RESOLUTION AFFIRMING THE EXISTENCE OF A DRUG AND ALCOHOL POLICY AS A REQUIREMENT IN APPLYING FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, the City of Vermillion has long had a Drug and Alcohol Policy as a component of the Employee Personnel Manual; and WHEREAS, the City’s Personnel Manual was restructured and significantly revised in 2014 and such revisions were approved by the City Council on June 16, 2014; and WHEREAS, the City Personnel Manual was most recently modified in 2022 with City Council approval of the revisions on November 21, 2022; and WHEREAS, the City Personnel Manual has contained a Drug and Alcohol Policy since before the major revisions in 2014 and continues to have a Drug and Alcohol Policy in place today; and WHEREAS, the City Council reviewed and made changes to the Drug and Alcohol Policy in November 2022 due to changes in State law. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion as part of the application for a Community Development Block Grant award that the City of Vermillion has adopted a Personnel Manual for employees that has placed a Drug and Alcohol Policy in effect. Dated at Vermillion, South Dakota this 18th 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 Hellwege. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 6 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 9. Bid Openings 10. City Manager's Report A. John reported the Library Board meets on Wednesday, March 20 at 6:00 p.m. in the Library conference room. B. John stated the Joint Powers Board which is comprised of Vermillion and Yankton representatives for the operation of the landfill and recycling center meets this Thursday, March 21 at 5:30 p.m. at the Yankton City Hall. C. John stated the next City Council meeting on April 1 does include an item to establish boundaries for Tax Increment Financing District #8 for the Jolley School Site redevelopment. D. John reported 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. E. John reported on one Raffle Notification: The USD Law Public Interest Network will be selling raffle tickets at $5 each of 3 for $10. It is a 50/50 drawing with half of the proceeds going to the winning ticket and the other half going to the Public Interest Network to support their work to educate public interest law and supports students going into public interest legal careers. Tickets sales and the drawing will take place during their event at the Old Lumber Company on March 28, 2024. PAYROLL ADDITIONS AND CHANGES Administration: Alexandra Ruth, $13.00/hr; Police Administration: Melissa Schmidt, $21.20/hr; Police: Mitch Stanley, $26.96/hr; Street: Ryun Fischbach, $26.52/hr; Pool: Bridget Farmer, $17.50/hr; Recreation: Emma Willert, $12.00/hr; Parks: Tyler Titze, $14.00/hr; Clubhouse: Connor Ellis, $11.50/hr 11. Invoices Payable Mayor Cole abstained from voting on item 141. 95-24 Council Member Price moved approval of the following invoices: JON COLE APPA LEG. RALLY-REIMBURSEMENTS 1,576.55 RICH HOLLAND APPA LEG. RALLY-REIMBURSEMENTS 35.00 Council Member Hellwege seconded the motion. Motion carried 5 to 0 and 1 abstained. Mayor Cole declared the motion adopted. 96-24 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 914.98 A & M SERVICES, INC UNIFORM CLEANING 111.60 AMAZON BUSINESS SUPPLIES 2,175.94 AMERICINN LODGING 151.99 AMERIFLEX BASE/ADMIN FEES 171.85 APEX EQUIPMENT, LLC REPAIRS 3,081.90 AT&T MOBILITY MOBILE HOT SPOTS 533.31 AUTO VALUE PARTS 181.75 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 23,633.98 BORDER STATES INDUSTRIES INC CORNERGUARDS 510.00 BOUND TREE MEDICAL, LLC SUPPLIES 1,178.63 BRANDI BANKS REFUND REC PROGRAM FEE 30.00 BRIAN HAMILTON SAFETY BOOTS REIMBURSEMENT 149.00 BUHLS CLEANERS MAT/MOP SERVICE 655.96 BUTCH'S PROPANE INC PROPANE 2,562.12 BUTLER MACHINERY CO. PARTS/REPAIRS 50,585.19 CALLAWAY GOLF MERCHANDISE 1,032.85 CASK & CORK MERCHANDISE 997.50 CENTRALSQUARE TECHNOLOGIES, LLC SUBSCRIPTION 1,021.15 CHAMBERLAIN OIL CO SUPPLIES 74.31 CHRISTENSEN RADIATOR & REPAIR REPAIRS 1,459.20 CLAY COUNTY SHERIFFS OFFICE GAS USAGE 113.35 CLAY RURAL WATER SYSTEM WATER USAGE 97.70 CLAY-UNION ELECTRIC CORP ELECTRICITY 2,073.05 CORE-MARK MIDCONTINENT, INC MERCHANDISE 2,104.44 CURT HAAKINSON SAFETY GLASSES REIMBURSEMENT 150.00 DAKOTA BEVERAGE MERCHANDISE 10,614.97 DAKOTA PC WAREHOUSE BLACK INK 29.99 DAKOTA SUPPLY GROUP METERS 3,212.00 DAVID BUSH REFUND PARKING TICKET OVERPMT 10.00 DECKER TRUCK SERVICE INC PROFESSIONAL SERVICES 1,800.00 DEPT. ENVIRONMENT NATL RESOURCES STORMWATER INDUSTRIAL FEE 600.00 ECHO ELECTRIC SUPPLY SECURITY/ALARM CABLE 800.97 EMERGENCY SERVICES MARKETING CORP, INC SUBSCRIPTION 660.00 ENERGY LABORATORIES TESTING 1,687.00 EQUIPMENT BLADES INC SNOW PLOW BLADES 4,728.42 FASTSIGNS ALUMINUM SIGNS 264.00 GALLS INCORPORATED FIRE SHIELD BADGES/UNIFORM 1,703.02 GLOBAL DIST. MERCHANDISE 123.00 GRAHAM TIRE REPAIRS 394.15 GRAINGER ROOF FAN 1,641.14 GRAYMONT (WI) LLC CHEMICALS 6,471.03 GREENTREE PSYCHOLOGICAL SERVICES, INC EVALUATION 200.00 GREGG PETERS MANAGERS FEE 6,000.00 H & R SALVAGE TIRE DISPOSAL 7,725.70 HACH CO CHEMICALS 4,894.07 HAWKINS INC CHEMICALS 1,216.99 HEIMAN FIRE EQUIPMENT FIREFIGHTER EQUIPMENT 6,504.15 HOUSE OF BRANDS SETUP FEE 100.00 IN CONTROL, INC PROFESSIONAL SERVICES 182.00 INGRAM BOOKS 2,229.52 INTEK CLEAN DUCT/STOVE/FRYERS 1,543.96 IOWA TOTAL CARE REFUND AMBULANCE PAYMENT 129.62 JACKS UNIFORM & EQPT UNIFORM 725.45 JERRY'S CHEVROLET BUICK GMC REPAIRS 568.90 JETLINE SALES & SERVICE PARTS 1,926.00 JOHN A CONKLING DIST. MERCHANDISE 1,971.15 JOHN C. PRESCOTT MEAL REIMBURSEMENT 14.00 JOHNSEN HEATING & COOLING REPAIRS/HOT WATER PUMP 16,585.09 JOHNSON BROTHERS OF SD MERCHANDISE 20,156.49 JONES FOOD CENTER SUPPLIES 295.17 JOSH ANGLIN REPAIRS 3,750.00 JP COOKE CO DOG TAG S HOOKS 18.87 KATIE CARTER REFUND RECREATION PROGRAM FEE 110.00 KENDRA BREWER MEAL/MILEAGE REIMBURSEMENT 97.13 LAYNES WORLD MAYOR AWARD 108.02 LOGAN PETERSON BOOT REIMBURSEMENT 122.13 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,200.00 LOU'S GLOVES GLOVES 297.00 LOW INCOME ENERGY ASSISTANCE PROGRAM REFUND ONE TIME ELECTRIC PMT 469.65 MART AUTO BODY & MARINE LLC TOWING 215.00 MARTINSON CONSTRUCTION SNOW HAULING 433.50 MATHESON TRI-GAS, INC CYLINDER RENTAL/SUPPLIES 971.68 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 292.50 MEIERHENRY SARGENT LLP REFUND AMBULANCE OVERPAYMENT 11.52 MENARDS BLACK PLASTIC 196.45 MICHELLE L DENNIS USD PRESERVATION PROJECT 4,000.00 MIDAMERICAN GAS USAGE 8,249.64 MIDCONTINENT COMMUNICATIONS CABLE/INTERNET/TELEPHONE 337.68 MIDWEST ALARM CO ALARM MONITORING 231.20 MIDWEST LANDSCAPING REFUND LANDFILL OVERPAYMENT 25.12 MISSOURI RIVER ENERGY SERVICES SCHOOL KITS 238.21 NETSYS+ PROFESSIONAL SERVICES 422.50 NEWMAN SIGNS, INC SUPPLIES 669.03 ODEYS INC MOUND CLAY 793.00 OFFICE OF WEIGHTS & MEASURES INSPECTION 151.00 O'REILLY AUTO PARTS PARTS 145.65 OTIS ELEVATOR COMPANY ANNUAL MAINTENANCE 1,449.96 PEPSI COLA OF SIOUXLAND MERCHANDISE 1,892.40 PETAL PUSHER FUNERAL ARRANGEMENT-MR LIMOGES 55.91 PING/KARSTEN MFG CORP MERCHANDISE 395.57 PIONEER RESEARCH SUPPLIES 520.55 PIZZA RANCH PIZZA-POOL PARTIES 414.20 PLAIN TALK PUBLISHERS SUBSCRIPTION 52.00 POMPS TIRE SERVICE, INC. TIRES 590.72 PRESSING MATTERS SUPPLIES 151.00 PUKKA INC MERCHANDISE 1,228.68 QUALITY MOTORS DETAILING 300.00 QUILL SUPPLIES 208.42 REDI TOWING TOWING 390.00 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE 9,688.82 REVOLT ELECTRICAL SERVICES, INC INSPECTION/TESTING 4,347.00 RIVERSIDE HYDRAULICS & LABS INC PARTS 190.29 RUNNING SUPPLY, LLC SUPPLIES 776.97 SANFORD CLINIC VERMILLION MEDICAL SUPPLIES 254.28 SANFORD HEALTH OCCUPATIONAL MEDICINE TESTING 84.00 SCANTRON CORPORATION SUPPLIES 1,025.85 SD DENR LANDFILL OPERATIONS FEE 3,068.87 SD DEPT OF LABOR UNEMPLOYMENT 295.20 SD DEPT OF PUBLIC SAFETY TELETYPE SERVICE 3,590.00 SD HUMANITIES COUNCIL PROFESSIONAL SERVICES 50.00 SD MUNICIPAL LEAGUE REGISTRATION 300.00 SD PUBLIC HEALTH LABORATORY TESTING 150.00 SECURITY SHREDDING SERVICES DOCUMENT SHREDDING 40.00 SHANE MINOR REFUND AMBULANCE OVERPAYMENT 75.00 SIOUX CITY FOUNDRY CO SUPPLIES 776.00 SIOUXLAND HUMANE SOCIETY FEES 37.00 SOUTHEAST FARMERS COOP ELEVATOR REFUND LANDFILL OVERPAYMENT 52.33 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,179.87 STAPLES BUSINESS CREDIT SUPPLIES 347.40 STERN OIL CO. FUEL 15,937.10 STREICHERS SUPPLIES 292.00 SWANNIES GOLF APPAREL MERCHANDISE 3,423.73 TELEFLEX LLC MEDICAL SUPPLIES 987.50 THE RAWLING COMPANY LLC REFUND AMBULANCE OVERPAYMENT 814.40 THE UPS STORE #6751 SNOW TAGS 652.50 TITLEIST-ACUSHNET COMPANY MERCHANDISE 5,424.94 TRANSWEST TRUCK TRAILER RV-BRIGHTON PARTS 674.98 TRUE BRANDS MERCHANDISE 498.02 TUBE PRO INC WATERPARK TUBES 1,936.00 TURNER PLUMBING REFUND LANDFILL DUPLICATE PMT 266.20 TYLER TECHNOLOGIES PROFESSIONAL SERVICES 9,235.00 USA BLUEBOOK GLOVES 323.95 USPS-POC POSTAGE FOR METER 700.00 UTILITY EQUIPMENT CO. SUPPLIES 1,653.50 VERMILLION ACE HARDWARE SUPPLIES 1,402.33 VERMILLION FORD REPAIRS 1,520.36 VERMILLION VETERINARY CLINIC SUPPLIES 15.26 WESCO DISTRIBUTION, INC METERS 10,703.00 YANKTON MOTORSPORTS LLC SPRING 12.12 Council Member Humphrey seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 97-24 Council Member Ward moved to adjourn the Council Meeting at 7:57 p.m. Council Member Price seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 18th 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 ___________.