City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session May 20, 2024 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, May 20, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole Absent: Hellwege 2. Adoption of Agenda 163-24 Council Member Humphrey moved approval of the agenda. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Emerald Ash Borer update - Parks and Recreation Director Jim Goblirsch Jim Goblirsch, Parks and Recreation Director, gave an update on the Emerald Ash Borer. Jim spoke on where it is currently located and the effects it will have on Vermillion. Discussion followed. 5. Report on other community development incentives – VCDC Director Jim Peterson Jim Peterson, VCDC Director, gave a report to share findings of incentives offered by South Dakota cities to developers/builders of single family residential and multi-family properties. Jim answered questions from the City Council about his findings. Discussion followed. 6. Briefing on the May 20, 2024 City Council Regular Meeting Council did not review items on the agenda with city staff. No action was taken. 7. Update on Municipal Liquor Store Management Agreement – City Manager John Prescott Before any discussion took place, Mayor Cole stated that an executive session could be held on this topic if the council was available to stay past meeting time. Council Member Humphrey excused himself at 1:00 p.m. 8. Executive Session Ward moved to go into Executive Session per SDCL 1-25-2(5) at 1:00 p.m. Price seconded the motion. Vote 7 to 0 Mayor Cole declared the council out of Executive Session at 1:27 p.m. 9. Adjourn 164-24 Council Member Murra moved to adjourn the Council special session at 1:27 p.m. Council Member Holland seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of May, 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 May 20, 2024 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on May 20, 2024 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Holland, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole Absent: Hellwege 2. Pledge of Allegiance 3. Minutes A. Minutes of May 6, 2024, Special Session and May 6, 2024, Regular Session 165-24 Council Member Holland moved approval of the May 6, 2024, special session and May 6, 2024 regular session minutes. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 166-24 Council Member Humphrey moved approval of the agenda. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard - None A. EMS Week Proclamation Mayor Cole read the following proclamation: WHEREAS, emergency medical services is a vital public service; and WHEREAS, the members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS, emergency medical services has grown to fill a gap by providing important, out of hospital care, including preventative medicine, follow- up care, and access to telemedicine; and WHEREAS, the emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, police officers, educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained members of the public, and other out of hospital medical care providers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating the Emergency Medical Services Week. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim May 19-25, 2024 as EMERGENCY MEDICAL SERVICES WEEK in the City of Vermillion and encourage the community to observe this week with appropriate programs, ceremonies, and activities celebrating the 50th Anniversary of EMS Week: Honoring Our Past. Forging Our Future. Dated at Vermillion, South Dakota this 20th day of May 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. Special Daily Malt Beverage and Wine License for the VCDC for the Thursdays on the Platz events located at the Ratingen Platz for Thursdays between July 11-August 22, 2024, from 4:00 p.m. to 8:30 p.m. John Prescott, City Manager, reported that an application for a special daily malt beverage and wine license was received from the Vermillion Area Chamber and Development Company for the Thursdays on the Platz events on or about July 11, July 18, July 25, August 1, August 15, and August 22, 2024 from 4:00 p.m. to 8:30 p.m. at Ratingen Platz and adjoining portion of Market Street and Main Street and a portion of Prospect Street. John stated that the notice of hearing and the Police Chief’s report are included in the packet. John noted that the events would be similar to previous years. Staff recommended approval of the request and to include the use of the Ratingen Platz for the events. 167-24 Council Member Holland moved approval of the Special Daily Malt Beverage and Wine License for the VCDC for the Thursdays on the Platz events located at the Ratingen Platz for Thursdays on the Platz on or about July 11, July 18, July 25, August 1, August 15, and August 22, 2024 from 4:00 p.m. to 8:30 p.m. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Retail (on-off) Wine and Cider license and Retail (on-off sale) Malt Beverage with SD Farm Wine license for Mamacita’s, LLC at 5 E Cherry Street. John Prescott, City Manager, reported on an application that was received for a retail (on-off sale) Malt Beverage & SD Farm Wine License and a retail (on-off sale) Wine and Cider License from Mamacita’s LLC for 5 E Cherry Street. John stated the Retail (on-off sale) Malt Beverage & SD Farm Wine License is for the licensing period from issuance to expiration on June 30, 2025, and the Retail (on-off sale) Wine and Cider License is for the licensing period from issuance to expiration on December 31, 2024. John stated the City Council has the ability to issue a license on two criteria: suitable applicant and suitable location. John noted, as to the suitable applicant, the owner, have submitted information to the South Dakota DCI and FBI for background checks and both have come back now showing any disqualifying events. John noted the Police Chief states that a check of the Vermillion Police records did not show any disqualifying contacts for the owners. John stated with respect to the location criteria, this location is on the same block as another license holder. 168-24 Council Member Price moved approval of the Retail (on-off sale) Malt Beverage & SD Farm Wine License and Retail (on-off sale) Wine and Cider License for Mamacita LLC at 5 E Cherry Street. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 7. Old Business A. Second reading of Ordinance 1516 amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.058(D), Bliss Pointe Planned Development, Area D, Permitted Uses to include “Offices, Commercial, Construction and Industrial” as a Permitted Use. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1516 amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.058(D), Bliss Pointe Planned Development, Area D, Permitted Uses to include “Offices, Commercial, Construction and Industrial.” Jose noted that the proposed amendment requested by the VCDC would only affect Area D by allowing “offices, commercial, construction and industrial” as permitted uses. These are offices that deal with those types of businesses (e.g. Kevin Bliss Construction fits the proposed use). Jose stated since a zoning district boundary is not being affected, the VCDC was not required to gather signatures or mail notices of the meeting to owners in the area. However, a notice has been published in the Plain Talk advertising the meeting. Jose reported that the original Bliss Pointe PDD created in 2013 included within Area D the use of “office.” This would have included ALL types of offices such as accountants, consultants, contractor offices, etc. The Bliss Pointe PDD was amended in 2019 when the City removed the use of “office” and created “offices, commercial, construction and industrial” and “offices, non-commercial, non-construction and non-industrial.” The change was to differentiate between the uses and to prevent a construction-related office, specifically a contractor shop with an office, from being constructed in an area that may be considered offensive to the public. This amendment was part of the City’s effort to complete a large amendment to the 2008 zoning ordinance. The VCDC was approached at the time when the change was being considered. At the time the VCDC thought restricting the types of offices to those not related to commercial, construction, or industrial businesses would be appropriate for the area. Jose noted that no changes were made from first reading. Troy Gregoire, 1324 W Main Street, asked the council if they have considered the height of dirt piles that could be stored outside of this building. Jose noted that it would be hard to regulate specifics, such as dirt piles, within an ordinance. Discussion followed on allowable uses for this ordinance. Nate Welch, 1404 Rockwell Trail, stated that he supports businesses within Vermillion and asked the council to table this since it was not addressed to the correct people. Nate stated he has deep concerns about this because it is tailoring zoning for one business without getting input from the community that live there. Mayor Cole stated that he went around and asked most of the individuals that live in this area if they were aware of this and most of them did not know. Mayor Cole asked how we are notifying individuals. Jose stated that he spoke with two property owners in the area. Discussion followed on the allowable uses in this area and if the Planning and Zoning would be able to develop guidelines to effectively address items such as what is in a pile and how high the pile could be. 169-24 Council Member Ward moved to send this to the Planning and Zoning Commission to explore options to protect aesthetics in the neighborhood. Council Member Humphrey seconded the motion. A roll call vote of the Governing Body was as follows: Holland - N, Humphrey - Y, Jennewein - N, Price - N, Letellier - N, Ward - Y, Murra - N, Mayor Cole - Y. Motion failed 3 to 5. 170-24 Second reading of title to Ordinance No. 1516, entitled An Ordinance Amending City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.058, Bliss Pointe Planned Development District, (D) Area D, Permitted Uses, To Include “Offices, Commercial, Construction, And Industrial” As A Permitted Use 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. 1516 entitled An Ordinance Amending City Of Vermillion Code Of Ordinances Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.058, Bliss Pointe Planned Development District, (D) Area D, Permitted Uses, To Include “Offices, Commercial, Construction, And Industrial” As A Permitted Use 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 6th day of May, 2024 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 20th day of May, 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 1516 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.058, BLISS POINTE PLANNED DEVELOPMENT DISTRICT, (D) AREA D, PERMITTED USES, TO INCLUDE “OFFICES, COMMERCIAL, CONSTRUCTION, AND INDUSTRIAL” AS A PERMITTED USE. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 155 be amended by including the “Offices, Commercial, Construction and Industrial” use as a permitted use. All other portions of section 155.058 will remain as they are. Following is the amendment: §155.058 BLISS POINTE PLANNED DEVELOPMENT DISTRICT (D) Area D Permitted Use Applicable Standards Offices, commercial, Subject to screening of all outdoor construction, industrial storage of parts from view. §§ 155.070, 155.072, 155.074, 155.077 Dated at Vermillion, South Dakota this 20th day of May 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 Lettelier. 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: Holland - Y, Humphrey - N, Jennewein - Y, Price - Y, Letellier - Y, Ward - Y, Murra - Y, Mayor Cole – N. Motion carried 6 to 2. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. B. Resolution creating Tax Increment Financing District #9 for Lots 1 and 2 in Block 1, Lots 1 through 7 in Block 2, Block 3, Lots 1 through 15 in Block 4, Block 5 and Outlot 1, Jack Powell Addition, City of Vermillion, Clay County, South Dakota. John Prescott, City Manager, stated that the City Council has had several discussions on which lots to include in the TIF district. It is a complex project; he recommends postponing this resolution till the next council meeting to have more council discussion. 171-24 Council Member Holland moved to postpone the Resolution creating Tax Increment Financing District #9 until the June 3, 2024 council meeting. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Clark Street Improvement Project. Jose Dominguez, City Engineer, reported on bid openings for the Clark Street Improvement Project. Jose stated to complete the entire project at one time, the City applied for and has received a $500,000 Community Development Block Grant (awarded in September 2023) and a $1,500,000 State Transportation Block Loan (awarded in February 2024). Jose stated that three bids were received and opened on May 8th. The following were the BIDs received: Hulstein Excavating (Edgerton, MN) $2,089,931.75 Timmons Construction (Brookings, SD) $2,467,150.30 First Rate Excavate (Sioux Falls, SD) $4,906,802.74 Jose noted that the estimate was $2,100,000. Jose recommended the low bid from Hulstein Excavating from Edgerton, MN. Council Member Holland asked if Jose was concerned about the high bid being so high. Jose noted that sometimes companies put in a high bid when they don’t think anyone is going to bid a project. Jose noted that there are no concerns with the low bid. 172-24 Council Member Murra moved approval of the low bid from Hulstein Excavating from Edgerton, MN for $2,089,931.75. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 8. New Business A. Request from the Vermillion Area Chamber and Development Company to close West Main Street from the east line of the intersection with Prospect Street west through Ratingen Platz, Market Street as it abuts Ratingen Platz and Prospect Street from West Main to the CorTrust Bank entrance on Thursdays between July 11 and August 22, 2024 from 4:00 p.m. to 8:00 p.m. for Thursdays on the Platz events (note - street closing not requested on August 8, 2024). Alex Ruth, Administrative Intern, reported that the Vermillion Area Chamber and Development Company has requested the closure of Main Street from the east line of the intersection with Prospect Street west through Ratingen Platz, Market Street as it abuts Ratingen Platz and Prospect Street from Main Street to the CorTrust entrance on the following Thursdays: July 11, July 18, July 25, August 1, August 15, August 22, 2024 from 4:00 p.m. to 8:30 p.m. Alex stated that the completed street closure request application and diagram are attached. Alex stated that the Street, Police, Fire, and EMS Departments have been notified of the street closure request and they did not have any concerns. Alex noted that the cleanup will be handled by VCDC staff. Alex noted that the VCDC will meet with businesses individually to let them know of the events requiring the street closure. 173-24 Council Member Holland moved approval of the request to close Main Street from the east line of the intersection with Prospect Street west through Ratingen Platz, Market Street as it abuts Ratingen Platz and Prospect Street from 4:00 p.m. to 8:30 p.m. on July 11, July 18, July 25, August 1, August 15, August 22, 2024 for the Vermillion Area Chamber and Development Company’s Thursdays on the Platz events. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Request from the United Way to close Court Street from Main Street to Kidder Street on Saturday, September 14, 2024 from 6:00 a.m. to 12:00 p.m. for a Fun Run and celebration of the 5th anniversary of the Community Connection Center. Alex Ruth, Administrative Intern, reported that the United Way has requested the closure of Court Street from Main Street to Kidder Street on September 14, 2024 from 6:00 a.m. to 12:00 p.m. for the Community Connection Center’s 5-year anniversary 5K race. Alex stated that the completed street closure request application and diagram are included in the packet. Alex stated that the Street, Police, Fire, and EMS Departments have been notified of the street closure request and they did not have any concerns. Alex noted that the cleanup will be handled by the United Way staff. Alex noted that the United Way will meet with businesses individually to let them know of the events requiring the street closure. 174-24 Council Member Holland moved approval of the request to close Court Street from Main Street to Kidder Street on September 14, 2024 from 6:00 a.m. to 12:00 p.m. for the Community Connection Center’s 5-year anniversary 5K race. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. Agreement with Clay-Union Electric to Transfer Electric Service Territory for Heikes Tract 3. Shane Griese, Utility Manager, reported on an agreement with Clay-Union Electric to transfer electric service territory for Heikes Tract 3. Shane stated that at the November 6, 2023 council meeting the council approved an annexation of Heikes Tract 3. Shane stated that a transfer agreement was drafted by the City and the language in that agreement has been approved by Clay-Union Electric staff. The depreciated value of infrastructure that will be transferred is $1,571.76, and there is no cost to reintegrate Clay-Union’s system. A transfer date of August 1, 2024 has been agreed upon. Shane noted that the City will be responsible for paying 25% of all sales for a period of seven years for all existing services and any new service that is served within the annexed property during an 11-year period. 175-24 Council Member Holland moved approval of the Agreement with Clay-Union Electric to Transfer Electric Service Territory for Heikes Tract 3. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. D. Proposal to sell Lots 8 and 9, Block 23 Original Town (former Market Street water tower site). John Prescott, City Manager, reported on the potential to sell Lots 8 and 9, Block 23 Original Town. John noted this site used to hold a water tower that was removed in 2015. John noted that this piece of land needs to be declared surplus property and have the site appraised by the Surplus Property Committee in order to sell the land. John noted that the City can either accept sealed bids or sell the property through public auction or a licensed real estate broker. 176-24 Council Member Ward moved approval of declaring Lots 8 and 9, Block 23 Original Town surplus. Council Member Murra seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. First reading of Ordinance 1515 amending Title III, Administration; Chapter 30, City Council; Section 30.15, Time and Place to amend language detailing location and time of City Council meetings. John Prescott, City Manager, reported on the first reading of Ordinance 1515 amending Title III, Administration; Chapter 30, City Council; Section 30.15, Time and Place to amend language detailing location and time of City Council meetings. John noted that at earlier council meetings the discussion of the starting time of City Council meetings were discussed. John noted that the code specifically stated the time the meetings must be held is 7:00 p.m. John stated that cleaning up this ordinance would allow the council to set the time via a resolution therefore giving future council more freedom to set a different time. 177-24 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Price moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1515 entitled An Ordinance amending Title III, Administration; Chapter 30, City Council; Section 30.15, Time and Place to amend language detailing location and time of City Council meetings 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 20th day of May, 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 Holland. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. F. Temporary construction easement for University of South Dakota owned properties needed for the East Clark Street Improvement Project. Jose Dominguez, City Engineer, reported on a temporary construction easement for University of South Dakota owned properties needed for the East Clark Street Improvement Project. Jose stated that with the reconstruction of East Clark Street, road grading will be required for proper drainage. Jose noted the City Council has already considered three other temporary easements in April 2024. The easements being discussed are also to ensure positive drainage away from private property. One of the locations is on the southwest corner of the intersection between North Harvard and East Clark Streets (e.g. by the Lee Med building). The second location is on the northwest corner of the intersection between North Pine and East Clark Streets. Jose stated the easement by the Lee Medical building will be approximately 20-feet by 60-feet (1,200-square feet), and the one by North Pine Street will be approximately 90-square feet. Both easements will expire right after the completion of the project. 178-24 Council Member Ward moved approval of the temporary construction easement for University of South Dakota owned properties needed for the East Clark Street Improvement Project. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. G. Agreement with the South Dakota Department of Transportation for a Surface Transportation Block Grant Program Fund Advance for the East Clark Street Improvement Project. Jose Dominguez, City Engineer, reported on an agreement with the SD Department of Transportation for a Surface Transportation Block Grant. Jose noted that the City has identified the need to reconstruct East Clark Street from North Dakota Street to North Plum Street. Along with the reconstruction of the street, the water main located in the street will be replaced or extended to improve flows to the area. Jose stated the agreement for the STBGP Advance was received last week. The agreement states the City will receive a one-time disbursement of $1,500,000. To pay the advance/loan the State will withhold the City’s STIP funds until the advance/loan is paid in full. The interest accrued is 1.5% per annum. Jose noted that currently the City is expected to spend approximately $2,245,000 for this project. $500,000 will be a previously accepted CDBG grant award along with $245,000 of City funds from the current STIP reserves. 179-24 Council Member Murra moved approval of the agreement with the South Dakota Department of Transportation for a Surface Transportation Block Grant Program Fund Advance for the East Clark Street Improvement Project. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. H. Resolution of Necessity and Notice of Hearing for Construction of Concrete Surfacing on North Carr Street from West Duke Street to Bower Street. Jose Dominguez, City Engineer, reported on a resolution of Necessity and Notice of Hearing for Construction of Concrete Surfacing on North Carr Street from West Duke Street to Bower Street. Jose stated that North Carr Street is an existing north to south undeveloped right-of-way that commences at West Duke Street and ends at Bower Street. Currently, this portion of North Carr Street is undeveloped and lacks any street improvements. Jose noted that North Carr Street currently extends from West Cherry to West Duke Streets and from Bower Street to SD Hwy. 50. The portion being considered is the only section not constructed. To provide a more complete transportation system the City Council asked Staff to put an assessment project together completing the section of North Carr Street. Jose noted that both adjoining property owners have also signed Developer’s Agreements where they have given up the right to remonstrate against any assessments for the construction of North Carr Street as it fronts their property. Council Member Jennewein asked how comfortable Staff felt adding this project on to an already large list of projects for the 2024 construction season. John noted that Staff is stretched thin due to newer staff and many projects happening currently. John stated that although this project will be covered by Special Assessments it still takes times for the Finance and Engineering Staff to prepare documents and calculate the assessments properly. Discussion followed on the necessity of doing this street this year and Staff availability. 180-24 After reading the same once, Council Member Murra moved adoption of the following: RESOLUTION OF NECESSITY AND NOTICE OF HEARING FOR CONSTRUCTION OF CONCRETE SURFACING ON NORTH CARR STREET FROM WEST DUKE STREET TO BOWER STREET BE IT HEREBY RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, at a regularly called meeting thereof, in the Council Chambers of said City Hall at 7:00 p.m. on the 20th day of May, 2024, that the necessity has arisen for the construction of a concrete street along the parcels of land hereinafter named, viz: AFFECTED AFFECTED PARCEL ESTIMATED AFFECTED LEGAL DESCRIPTION ADDRESS NUMBER COST 1100 W SD HWY. THE SOUTH 707.72’ OF LOT 1A, 50 BLK 3, ERICKSON ADDN 15295-00300-010-00 $193,896.89 812 BOWER LOT 6A, BLK 7, ERICKSON ADDN15295-00700-060-00 $135,343.16 NONE LOT 7A, BLK 7, ERICKSON ADDN15295-00700-070-00 $58,553.72 The estimate is based on 2024 estimated costs and includes the City’s 8% fiscal fee. BE IT FURTHER RESOLVED, that when the cost of construction of the improvement has been determined, the Engineer shall calculate and report to the Governing Body the amount to be assessed against each lot or part of lot fronting or abutting upon the improvement. In determining such assessment, the Engineer shall divide the total cost of the improvement, less the City’s share of the cost, by the number of feet fronting or abutting upon said improvement. The quotient, plus the 8% fiscal fee, shall be the amount assessed per front foot upon the property fronting or abutting thereon. BE IT FURTHER RESOLVED, that the lots and tracts of real property likely to be affected by the improvement are those parcels of land set forth after the above named street. BE IT FURTHER RESOLVED, that the assessment shall be payable in ten (10) equal annual installments. Any assessment or installment not paid within thirty (30) days after filing the approved assessment roll in the Finance Office shall be collected under Plan One, collection by the County Treasurer, as set forth in SDCL 9-43, and that all deferred payments shall bear interest at the rate of ten percent (10%) per annum. BE IT FURTHER RESOLVED, that the contractors who undertake to perform the work of construction provided for shall be paid in cash from the sale of special assessment bonds. BE IT FURTHER RESOLVED, that any person interested may appear and show cause, before the Governing Body of the City of Vermillion, at the City Council Chambers of said City at 7:00 p.m. on the 3rd day of June 2024 why the above and foregoing resolution should not, at said time and place, be adopted and passed by the Governing Body, at which time the Governing Body will finally approve, disapprove, or modify the same in its discretion. Dated at Vermillion, South Dakota this 20th day of May, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer The motion was seconded by Council Member Ward. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. I. Resolution Authorizing the Purchase of a Mower for The Bluffs Golf Course. Jose Dominguez, City Engineer, reported on a resolution to purchase a mower for The Bluffs Golf Course. Jose noted that the administration would like to take advantage of an attractive National Intergovernmental Purchasing Alliance (National IPA) bid. Jose stated that National IPA, in conjunction with member city Tucson, Arizona, renewed its contract with Toro Company and its participating distributors. The total bid for a Toro Groundsmaster 4000D is $87,655. The Toro Company participating distributor for South Dakota is Midwest Turf & Irrigation of Omaha, Nebraska. Jose noted that Midwest Turf & Irrigation is interested in taking the City’s 2016 mower as a trade-in. They are offering $6,000 for the mower. 180-24 After reading the same once, Council Member Holland moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF EQUIPMENT FOR THE BLUFFS GOLF COURSE WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to enter into agreements with purchasing agents in any other state for purchases under a joint agreement or contract at the accepted bid price and the concurrence of said bidder; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by National Intergovernmental Purchasing Alliance (National IPA) for a 2024 Toro Groundsmaster 4000D of $87,655 from Midwest Turf & Irrigation of Omaha offer an advantageous price to the City for said items. 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 2024 Toro Groundsmaster 4000D from Midwest Turf & Irrigation of Omaha, of Omaha, Nebraska for a net price of $87,655. Dated at Vermillion, South Dakota this 20th day of May, 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. 8 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 reminded everyone that campaign signs are not permitted in the public right-of-way. The signs should be behind the sidewalk. B. John stated that Prentis Plunge opens on Saturday, May 25 at 1:00 p.m. (weather permitting) C. John noted the Open House on the Mosquito Control Program will be held on Wednesday, May 29 from 4:00 to 6:00 p.m. at the Municipal Service Center, 115 W. Duke Street. D. John stated City offices will be closed next Monday, May 27, 2024 for the Memorial Day holiday. PAYROLL ADDITIONS AND CHANGES Police: Dylan Deetz $26.96/hr, Jacob Hoffman $26.96/hr; Street: Caleb Nadeau $15.00/hr; Code: Ulf Schaefer $20.38/hr; Ambulance: Schuyler Hellerich $19.26/hr, $28.89/holiday OT, Tyson Junck $4.00/On Call 1, $6.00/holiday On Call 1, $3.00/On Call 2, $4.50/holiday On Call 2; Pool: Melanie Mahowald $20.00/hr; Recreation: Jon Reuvers $30.00/game, Jake Goblirsch $30.00/game, Willis Robertson $30.00/game, Mason Freeling $11.50/hr; Recycling: Dustin Hopper $14.50/hr; Library Board: Jacqueline Wilber $25.00/meeting. 11. Invoices Payable 181-24 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 202.69 A & M SERVICES, INC UNIFORM CLEANING 128.30 AMAZON BUSINESS SUPPLIES/BOOKS/CHAIRS 2,116.27 AMERIFLEX BASE/ADMIN FEES 177.00 AT&T MOBILITY MOBILE HOT SPOTS 446.95 AUTO VALUE PARTS 804.49 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 31,202.50 BIERSCHBACH EQPT & SUPPLY SUPPLIES 161.75 BROADCASTER PRESS ADVERTISING 4,873.74 BRUNICKS SERVICE INC FUEL 6,608.00 BUHLS CLEANERS MAT/MOP SERVICE 616.22 BUTLER MACHINERY CO. WARRANTY 22,835.00 CALLAWAY GOLF MERCHANDISE 730.70 CANNON TECHNOLOGIES, INC RETROFIT KITS 6,318.00 CASK & CORK MERCHANDISE 198.00 CENTURYLINK TELEPHONE 149.04 CITY OF VERMILLION LANDFILL VOUCHERS 556.50 CLAY COUNTY TREASURER TITLES 140.00 CLAY RURAL WATER SYSTEM WATER USAGE 87.10 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,816.61 CMOORE PIT SERVICE PORTA-POT RENTAL 900.00 CONTINENTAL RESEARCH CORP DISPENSERS 548.15 CORE & MAIN LP SUPPLIES 145.00 CORE-MARK MIDCONTINENT, INC MERCHANDISE 5,499.89 CORY MOORE SAFETY BOOTS REIMBURSEMENT 116.77 COYOTE CHEMICAL COMPANY SUPPLIES 212.00 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 2,221.50 DAKOTA BEVERAGE MERCHANDISE 12,692.17 DAKOTA PC WAREHOUSE TONER/PORTABLE MONITOR 209.95 DMG INC. MOTORS 1,048.70 EBSCO SUBSCRIPTIONS 2,723.01 ECHO ELECTRIC SUPPLY SUPPLIES 1,158.92 FARMER BROTHERS CO. COFFEE FILTERS 214.94 GIRTON ADAMS COMPANY PUMP 1,970.00 GLOBAL DIST. MERCHANDISE 290.00 GRAHAM TIRE CO. TIRE 552.00 GREGG PETERS MANAGERS FEE 6,000.00 GREGOIRE EXCAVATING, LLC HAUL CONCRETE BALLAST 1,970.65 GUARANTEE ROOFING & SHEET METAL OF SD REPAIRS 694.80 LASER SENSOR/MOUNTING HARRIS WASTE MANAGEMENT BRACKET 2,822.26 HARTINGTON TREE LLC WEEPING WILLOW 2,000.00 HAUGER LAWN SERVICE MOWING/WEED CONTROL 87.00 HAWKINS INC CHEMICALS 6,771.80 HEIMAN FIRE EQUIPMENT PARTS 146.00 HIGH POINT NETWORKS REPAIRS 337.50 HY VEE FOOD STORE SUPPLIES 320.81 INFO USA MARKETING INC DIRECTORY 415.00 INGRAM BOOKS 514.79 JAY'S PLUMBING REPAIRS 179.83 JERRY'S SERVICE, INC FUEL 7,808.59 JOHN A CONKLING DIST. MERCHANDISE 3,849.95 JOHNSON BROTHERS OF SD MERCHANDISE 27,966.98 JOHNSON CONTROLS SERVICE AGREEMENT 2,018.33 JONES FOOD CENTER SUPPLIES 1,865.46 KNIFE RIVER MIDWEST, LLC ASPHALT 604.19 LAWSON PRODUCTS INC SUPPLIES 61.45 LAYNES WORLD PHOTO/CUBBY PLATES 14.00 CLEANING LOCATORS AND SUPPLIES, INC TOWELETTES/SUNSCREEN 102.70 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,310.00 MAIN STREET CENTER 2ND QTR CONTRIBUTIONS 4,000.00 MART AUTO BODY & MARINE LLC TOWING 300.00 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 312.39 MEIER TOWING SERVICE INC TOWING 660.00 MENARDS SUPPLIES 283.92 MIDAMERICAN GAS USAGE 2,837.80 MIDCONTINENT COMMUNICATIONS TELEPHONE/INTERNET/CABLE 337.50 MIDWEST ALARM CO REPAIRS 474.83 MISSOURI RIVER ENERGY SERVICES UTILISMART FEES 71,334.20 MOORE WELDING & MFG MATERIALS 12.00 M-R SIGN CO., INC. SUPPLIES 771.25 MTW CONSTRUCTION LLC BATTING CAGE CONCRETE 7,000.00 NEBRASKA JOURNAL-LEADER ADVERTISING 71.90 NETSYS+ PROFESSIONAL SERVICES 1,272.24 ODEYS INC INFIELD TOPDRESSING 793.00 O'REILLY AUTO PARTS PARTS 165.94 PEPSI COLA OF SIOUXLAND MERCHANDISE 3,114.00 PETE JAHN MEALS REIMBURSEMENT 132.00 PING/KARSTEN MFG CORP MERCHANDISE 67.71 QUADIENT FINANCE USA, INC POSTAGE FOR METER 400.00 QUILL SUPPLIES 123.96 REDI TOWING TOWING 3,890.00 REGENTS OF THE UNIVERSITY OF MN LIBRARY-SECURITY STRIPS 188.00 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE 10,347.00 RESCO LIGHT POLES 19,650.00 ROSEWOOD GREENHOUSE HANGING BASKETS 4,000.00 RUNNING SUPPLY, LLC SUPPLIES/PARTS 3,001.15 RYUN FISCHBACH MEALS REIMBURSEMENT 76.00 SCHAEFFER MFG. CO SUPPLIES 1,345.60 SCOTT IVERSON MEALS REIMBURSEMENT 76.00 SD DENR LANDFILL OPERATIONS FEE 4,208.17 SD GOLF ASSOCIATION HANDICAP 4,033.00 SD PUBLIC ASSURANCE ALLIANCE PROPERTY COVERAGE 128,194.41 SIOUXLAND HUMANE SOCIETY FEES 37.00 SOOLAND BOBCAT REPAIRS 3,687.82 SOUTHERN GLAZER'S OF SD MERCHANDISE 7,650.10 SRIXON/CLEVELAND GOLF/XXIO MERCHANDISE 633.00 STEWART OIL-TIRE CO REPAIRS 564.85 STUART C. IRBY CO. SUPPLIES 894.00 SWANK MOVIE LICENSING USA COMPLIANCE SITE LICENSE 461.00 TASTE OF HOME BOOKS BOOK 38.98 TAYLOR MADE MERCHANDISE 1,115.33 TECH SALES CO REFRIGERATED SAMPLER 9,165.00 THE LUMBERYARD LLC MATERIALS 64.80 THEIN WELL WELL #2 REPAIRS 10,542.20 THREAD & INK JERSEYS/BASEBALL HATS 8,122.06 TITLEIST-ACUSHNET COMPANY MERCHANDISE 4,735.59 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 186.12 TRITECH SOFTWARE SYSTEMS SUBSCRIPTON/ANNUAL MAINT. 2,130.57 TRUCK TRAILER SALES & SERVICE, INC WATER PUMP 370.25 TRUE BRANDS MERCHANDISE 503.94 TRUSCO MFG COMPANY SUPPLIES 54.48 TWIN CITY HARDWARE PARTS 1,126.16 TWO WAY SOLUTIONS EQUIPMENT INSTALLATION 8,406.00 TYLER TECHNOLOGIES MIGRATION 9,975.00 ULINE SUPPLIES 105.75 US BANK ST. PAUL DEBT SERVICE PAYMENT 28,952.50 USPS-POC POSTAGE FOR METER 700.00 UTILITY EQUIPMENT CO. SUPPLIES 3,026.54 VERMILLION ACE HARDWARE SUPPLIES 1,565.40 VERMILLION CHAMBER AND DEV. CO. SALES TAX REBATE 46,073.23 VERMILLION YOUTH FOOTBALL ASSOC. ONLINE REGISTRATION 1,127.89 WESCO DISTRIBUTION, INC SUPPLIES 14,251.00 WH OVER MUSEUM CONTRIBUTIONS 8,000.00 WHITE CAP LEVELING MASTIC ONE 5,850.00 WILLIAMS & CO. 2023 AUDIT 42,885.00 XIX BREWING COMPANY MERCHANDISE 204.50 YAMAHA MOTOR FINANCE CORP GOLF CARS/GPS LEASE 6,622.61 ZIMCO SUPPLY CO SUPPLIES 228.00 Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing on June 3, 2024 for a Special Permit to Exceed Permissible Noise Levels for Resilient Church at the south band shelter in Prentis Park on Tuesday, July 9, 2024 from 5:00 p.m. to 8:00 p.m. for a public Christian worship gathering and at the north shelter in Prentis Park on Saturday, August 3, 2024 from 10:00 a.m. to 3:00 p.m. for a community block party. 182-24 Council Member Price moved approval of the consensus agenda. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 13. Adjourn 183-24 Council Member Murra moved to adjourn the Council Meeting at 8:38 p.m. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 20th day of May, 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 ___________.