City Council Agendas, Packets and Minutes

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Monday, August 5, 2024 Powell Conference room - City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call. 2. Adoption of the Agenda. 3. Visitors to be Heard. 4. Grow Vermillion campaign – Vermillion Area Chamber and Development President Jim Peterson. 5. Vermillion River Hike and Bike path update – City Engineer Jose Dominguez. 6. Briefing on the August 5, 2024 City Council Regular Meeting– Briefings are intended to be informational only and no deliberation or decision will occur on this item. 7. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council 7:00 p.m. meetings are broadcast live on Cable Channel 3. Special City Council Meetings are not televised but open for attendance. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place.  City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Monday, August 5, 2024 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Minutes a. July 15, 2024 Special Meeting; July 15, 2024 Regular Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard a. Certificate of Appreciation. 6. Public Hearings a. Special permit to exceed permissible noise levels by no more than 50% for the USD Department of Music on or about Sunday, September 22, 2024 from 1:00 p.m. to 5:00 p.m. for The Music is Alive Festival at the south side of Prentis Park. b. First reading of Ordinance 1517 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District; Subsection (B) Conditional Uses removing some applicable standards from the Heavy Manufacturing Use and adding new subsection (D) Performance Standards. 7. Old Business 8. New Business a. Permit for the consumption, but not the sale, of alcoholic beverages for the Vermillion Area Farmer’s Market “Local Fare at the Fair” event on Thursday, August 8, 2024 from 5:00 p.m. to 7:00 p.m. at the Clay County Fairgrounds in Clover Hall. b. Declare Blocks 1-5 in the Jack Powell Addition surplus. c. Resolution approving a mutual aid agreement with the Minnesota Municipal Utilities Association. d. Presentation of the proposed 2025 budget. 9. Bid Openings a. Fuel quotes. 10. City Manager’s Report 11. Invoices Payable 12. Consensus Agenda 13. Adjourn Access the City Council Agenda on the web – www.vermillion.us Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks are limited to 5 minutes and no decision will be made at this time. b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding officer at any time. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place. Unapproved Minutes Council Special Session July 15, 2024 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, July 15, 2024 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Thaler, Price, Holland, Jennewein, Hellwege, Cheeseman, Murra, Mayor Cole Absent: Leber 2. Adoption of Agenda 257-24 Council Member Murra moved approval of the agenda. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard Barb Yelverton, 205 Lewis, noted that she heard that there is a plan for pickleball courts to be built at Cotton Park. Barb noted she is not against pickleball, but put it where there is already noise, not an established neighborhood. Charles Yelverton, 205 Lewis, spoke against the location for the pickleball courts due to noise pollution this would cause. 4. Update on the Wastewater Treatment Plant Flood Repairs - Utility Manager Shane Griese Shane Griese, Utilities Manager, reviewed the timeline of the wastewater forced main damage. Shane stated that they contracted a company to build a temporary bridge across the Vermillion River. Shane noted that as of Friday July 12, 2024 at 7 p.m. the temporary bridge was completed. Discussion followed. 5. Educational Campaign to keep grass clippings out of the streets – Building Official Alex Goodburn Alex Goodburn, Building Official, reported on a campaign to educate the community on not pushing grass clippings into the street. Alex stated that a violation fee would need to be set. He wants to educate the community first. Discussion followed. 6. Briefing on the July 15, 2024 City Council Regular Meeting Council reviewed items on the agenda with City Staff. No action was taken. 7. Adjourn 258-24 Council Member Murra moved to adjourn the Council special session at 12:59 p.m. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 15th day of July, 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 July 15, 2024 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on July 15, 2024 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Thaler, Price, Holland, Jennewein, Hellwege, Cheeseman, Murra, Mayor Cole Absent: Leber 2. Pledge of Allegiance 3. Minutes A. Minutes of July 1, 2024 Special Session, July 1, 2024 Regular Session, and July 2, 2024 Special Session 259-24 Council Member Holland moved approval of the July 1, 2024 Special Session, July 1, 2024 Regular Session, and July 2, 2024 Special Session minutes. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 260-24 Council Member Price moved approval of the agenda with the amendment to add an executive session per 1-25-2(5). Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 5. Visitors to be Heard 6. Public Hearings A. Special permit to exceed permissible noise levels for Ribs, Rods, and Rock ’n Roll, Inc. on or about September 6 & 7, 2024 from 5:00 p.m. to 12:00 a.m. (midnight) on West Main Street between High Street and Prospect Street Nick Doty, Deputy Finance Officer, reported that Ribs, Rods & Rock ‘n Roll has applied for a special permit to exceed allowable noise levels for several bands and a street dance on Friday, September 6 and Saturday September 7 beginning at 5:00 p.m. and lasting until midnight. The request, diagram and notice of hearing are attached. Nick recommended approval of the request. 261-24 Council Member Holland moved approval of the special permit to exceed permissible noise levels for Ribs, Rods, and Rock ’n Roll, Inc. on or about September 6 & 7, 2024 from 5:00 p.m. to 12:00 a.m. (midnight) on West Main Street between High Street and Prospect Street. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Special daily malt beverage and wine license for Ribs, Rods, and Rock ’n Roll, Inc. on or about September 6 & 7, 2024 on West Main Street between Washington and Church Street, Ratingen Platz, Market Street from West Main to Bloomingdale Street, Austin Street from West Main to Kidder, Kidder Street from Austin Street to the alley between Court and Market Streets, public parking lot at Market and Kidder Streets, private parking lot at Market and Kidder Streets, Prospect Street from West Main Street to half block north, and to include any other streets closed for the events. Nick Doty, Deputy Finance Officer, reported that an application has been received for a special daily malt beverage and wine license from Ribs, Rods & Rock ’n Roll, Inc. for their events on September 6 & 7, 2024 on Main Street between Washington and Church Streets, Ratingen Platz, Market Street from Main Street to Bloomingdale Street, Austin Street from Main Street to Kidder Street, Kidder Street from Austin Street to the alley between Court and Market Streets, public parking lot at Market and Kidder Streets, private parking lot at Market and Kidder Streets, Prospect Street from West Main Street to half block north, and to include any other streets closed for the events. Nick stated that the request from Ribs, Rods, & Rock ’n Roll, Inc., notice of hearing and Police Chief’s report are included in the packet. Nick noted that sales will remain in the same location as previous years on Main Street by Market Street. Nick stated that City ordinance allows the City Council to set conditions and restrictions, as it may deem appropriate, in issuing a special license. Nick stated that these conditions were to require a Release and Indemnification releasing the City from liability for the event which is included with the street closing request, a Certificate of Insurance naming the City as an additional insured has been received, require clear signage at each egress from the area where alcohol is allowed, provide security personnel, require a cleanup plan and provide restroom facilities. Nick reviewed the conditions included in the Police Chief’s memo for reimbursement of overtime to locations allowed and signage. Nick recommended approval of the license contingent upon compliance with the Police Chief’s recommendations and any other the City Council may want to include. 262-24 Council Member Murra moved approval of the special daily malt beverage and wine license for Ribs, Rods, and Rock ’n Roll, Inc. on or about September 6 & 7, 2024 on West Main Street between Washington and Church Streets, Ratingen Platz, Market Street from West Main Street to Bloomingdale Street, Austin Street from West Main Street to Kidder Street, Kidder Street from Austin Street to the alley between Court and Market Streets, public parking lot at Market and Kidder Streets, private parking lot at Market and Kidder Streets, Prospect Street from West Main Street to half block north, and to include any other streets closed for the events contingent on the Police Chief’s recommendations. Council Member Thaler seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 7. Old Business None. 8. New Business A. Request to close West Main Street from High Street to Prospect Street, Prospect Street from West Main Street to the alley 1/2 a block North, Market Street from West Main Street to Bloomingdale Street, Kidder Street from Austin Street to the alleyway 1/2 a block East, Austin Street from Kidder Street to West Main Street, Ratingen Platz, the Public Parking Lot on the SW corner of Kidder Street and Market Street, West Main Street from Washington Street to High Street, East Main Street from Center Street to Church Street; additionally, the request of West Main Street from Prospect Street to Center Street during varying days and times noted in request for the Ribs, Rods, & Rock ‘n Roll event. Alex Ruth, Administration Intern, reported that the Ribs, Rods, & Rock ‘n Roll organization has requested the closure of Main Street from High Street to Prospect Street, Prospect Street from West Main Street to the alleyway 1/2 a block north, Market Street from West Main Street to Bloomingdale Street, Kidder Street from Austin Street to the alleyway 1/2 a block East of Market Street, Austin Street from Kidder Street to West Main Street, Ratingen Platz, the Public Parking Lot on the SW corner of Kidder Street and Market Street starting Friday, September 6, 2024 at 6:00 a.m. until Sunday, September 8, 2024 at 12:00 p.m. (noon). Alex noted that they also requested West Main from Prospect Street to Center Street on Friday, September 6, 2024 at 2:00 p.m. until Saturday, September 7, 2024 at 5:00 p.m. Alex stated that the request also included West Main Street from Washington to High Street and East Main Street from Center Street to Church Street on Saturday, September 7, 2024 from 6:00 a.m. until 5:00 p.m. Alex noted that the street closing request and diagram of the streets are included in the packet. Alex stated that Police, Fire and EMS were notified and had no safety concerns. 263-24 Council Member Holland moved approval of the request to close West Main Street from High Street to Prospect Street, Prospect Street from West Main Street to the Alley 1/2 a block North, Market Street from West Main to Bloomingdale Street, Kidder Street from Austin Street to the Alleyway 1/2 a block East, Austin Street from Kidder to West Main Street, Ratingen Platz, the Public Parking Lot on the SW corner of Kidder Street and Market Street, West Main Street from Washington Street to High Street, East Main Street from Center Street to Church Street; additionally, the request of West Main from Prospect Street to Center Street during varying days and times noted in request for the Ribs, Rods, & Rock ‘n Roll event. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. Resolution approving the 2024 Pre-Disaster Mitigation Plan for Clay County, South Dakota. Sophie Johnson, SECOG Community Development Manager, discussed that over the last year a committee met to update the hazard mitigation pre- disaster plan for Clay County. The last plan update was completed in 2019. To update the 2019 plan, five monthly meetings were held in Vermillion between July 20, 2023 to November 16, 2023. Elected officials, City and County Staff members, and private utilities in Clay County were invited to participate. Utilities Manager Shane Griese and City Manager John Prescott attended the meetings on behalf of the City. Sophie noted that by adopting a Federal Emergency Management Agency (FEMA)-approved mitigation plan, the City of Vermillion will be eligible for FEMA’s Hazard Mitigation Assistance (HMA) grant programs. 264-24 After reading the same once, Council Member Murra moved adoption of the following: RESOLUTION DECLARING SUPPORT FOR AND ADOPTION OF THE 2024 PRE-DISASTER MITIGATION PLAN FOR CLAY COUNTY, SOUTH DAKOTA WHEREAS, the City of Vermillion supports the contents of the 2024 Pre- Disaster Mitigation Plan for Clay County, South Dakota; and WHEREAS, the 2024 Pre-Disaster Mitigation Plan for Clay County, South Dakota, will be utilized as a guide for planning related to the Federal Emergency Management Agency’s (FEMA) Hazard Mitigation and other purposes as deemed appropriate by the City of Vermillion. NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion, South Dakota, that the City of Vermillion hereby adopts, supports, and will facilitate the implementation of the 2024 Pre-Disaster Mitigation Plan for Clay County, South Dakota. Dated at Vermillion, South Dakota this 15th day of July, 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 Jennewein. 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. C. Resolution authorizing filing for a loan from the SDHDA Housing Infrastructure Financing Program. John Prescott, City Manager, reported that the City previously received a $1.4 million grant from SDHDA for the Jack Powell Addition. John stated the grant was based on completing the portion of James Street abutting the law enforcement center and Baylor Street between Stanford Street and James Street. All of the SDHDA grant funds have been expended. SDHDA also has a 2% loan available for eligible infrastructure projects. John stated that the TIF #9 Project Plan proposed to borrow $1,030,000 from the Light and Power fund and approximately $1 million from local banks. The bid for infrastructure improvements of the Jack Powell Addition was broken down into a base bid and an alternate bid. The base bid was for James Street abutting the law enforcement center and Baylor Street. The bid alternate was for the balance of James Street and was awarded in the amount of $781,706. John noted the SDHDA Housing Infrastructure Program will grant, or loan, funding at $25,000 per single-family lot and $10,000 per multi-family unit. The section of James Street included in the alternate bid will serve 19 single-family housing lots and many multi-family units. Based on the number of single-family housing lots, the City would be eligible for $475,000 of loan funding. Whether grant or loan funds are approved, SDHDA limits funding to 1/3 of eligible project costs. The 1/3 of eligible project costs limit the loan amount to approximately $260,500. The SDHDA Board must approve the application for loan funds. The included Resolution authorizes the submittal of a grant application for funding. 265-24 After reading the same once, Council Member Holland moved adoption of the following:  A RESOLUTION SUPPORTING THE APPLICATION FOR FUNDING TO ASSIST IN FINANCING THE INFRASTRUCTURE FOR THE DEVELOPMENT OF JACK POWELL ADDITION – PHASE II FROM THE SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY WHEREAS, the City of Vermillion desires assistance from the South Dakota Housing Development Authority for the purpose of promoting housing development in South Dakota by providing grants and loans for housing infrastructure; and WHEREAS, SDCL 11-4 and SDCL 11-6 grant municipalities the authority to plan, zone, and create a comprehensive plan; and WHEREAS, Title XV: Land Usage of the Revised Municipal Ordinances of the City of Vermillion, Chapter 155, Zoning Regulations establishes the building, zoning, and lot and yard requirements for residential and multi-family districts; and WHEREAS, the ownership and ongoing maintenance of the infrastructure will be the responsibility of the City of Vermillion; and WHEREAS, the City of Vermillion has adequate capacity for water supply, water treatment facilities, wastewater treatment facilities, and electrical facilities to support the public infrastructure as a result of the proposed project. NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the infrastructure plan for the Housing Infrastructure Financing Program loan application meets the municipality’s infrastructure requirements, will be approved, and added to the ownership and ongoing maintenance responsibility of the municipality. BE IT FURTHER RESOLVED, the Governing Body of the City of Vermillion hereby authorizes the filing for the Housing Infrastructure Financing Program loan application, including all understandings and assurances contained therein, and hereby authorizes the Mayor to, in connection with the application, provide such additional information as may be required. Dated at Vermillion, South Dakota this 15th day of July 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 Cheeseman. 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. D. Resolution to create Tax Increment District #10 for the property formerly known as Cottage Villa Trailer Court and a portion of the Lamplighter property (all legally described as: The east thirty-three feet (33') of an unnamed vacated streeting running north and south and being adjacent to all of Spruce Street and adjacent to Lots seven (7), eight (8), nine (9) and ten (10), Block one (1) Park's Addition; all of vacated Spruce Street lying between Lot seven (7), Block one (1) and Lot twelve (12), Block two (2) of Park's Addition; the west ten feet (10') of the vacated alley adjacent to Lots seven (7), eight (8), nine (9),ten (10), eleven (11) and twelve (12), Block two (2), Park's Addition; and all of Lots seven (7), eight (8), nine (9) and ten (10), Block one (1) Park's Addition; and all of Lots seven (7), eight (8), nine (9),ten (10), eleven (11) and twelve (12), Block two (2), Park's Addition except the west fifty-seven feet (57') thereof and except Lot H-1 thereof; City of Vermillion, Clay County, South Dakota; and Lots five (5), six (6), seven (7), eight (8), nine (9) and ten (10), Block four (4), Park's Addition to the City of Vermillion, Clay County, South Dakota; and the north half (n 1/2) of vacated Spruce Street adjacent to said Lot six (6) and to the east half (e 1/2) of said Lot seven (7); the west half (w 1/2) of vacated Elm Street on the east end of said Lots five (5) and six (6); the vacated alley between said Lots five (5), six (6), seven (7) and eight (8); and the west half (w 1/2) of vacated alley adjacent to the east end of said Lots nine (9) and ten (10); and Lots one (1), two (2), three (3), and four (4) together with the west half (w 1/2) of vacated Elm Street adjacent thereto and the east half (e 1/2) of vacated alley adjacent thereto and Lots eleven (11) and twelve (12) together with the west half (w ½) of vacated alley adjacent thereto, all in Block four (4), Park's Addition to the City of Vermillion, Clay County, South Dakota.) John Prescott, City Manager, reported that the applicant for TIF #10 has withdrawn their application. John stated that since it is a public hearing the public hearing will have to be held and closed with no action. 266-24 Council Member Price moved to close the public hearing with no action. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported on upcoming City Board or Commission meetings: • Historic Preservation Commission – July 17 at 9:00 a.m. in the Powell Conference Room at City Hall • Business Improvement District #1 – July 17 at 3:00 p.m. in the Powell Conference Room at City Hall • Library Board – July 17 – 6:00 p.m. in the Library’s small conference room • Human Relations Commission – July 18 at 5:30 p.m. in the Mamura Conference Room at City Hall. B. John noted the Planning & Zoning Commission will be meeting on Monday, July 22 at 5:30 p.m. One of the items on their agenda is performance standards regulations for conditional uses in Heavy Industrial zoning. C. John noted fogging for mosquitoes will take place this evening. Anticipate that the two trucks will be able to cover the entire community overnight. If needed, July 16 & 17 are backup days. D. John stated that the Wastewater Treatment Plant is up and running with a temporary bridge that goes across the Vermillion River. John showed pictures of the bridge. PAYROLL ADDITIONS AND CHANGES City Council: Gary Cheeseman $295.11/bi-weekly, Jerome Thaler $295.11/bi- weekly; Finance: Penny Tucker $18.78/hr; Police Administration: Deb DeRocher $24.69/hr; Police: Matthew Davis $33.25/hr, Justice Tobin $26.96/hr; Ambulance: Lilly McNaughton FTO $16.70/hr; Parks: Dan Hanson $26.23/hr, Parker Goblirsch $30.00/game; IT: Daniel Anderson $28.74/hr 11. Invoices Payable 267-24 Council Member Price moved approval of the following invoices: A & M SERVICES, INC UNIFORM CLEANING 96.00 AMAZON BUSINESS BOOKS/DVDS/SUPPLIES 289.24 AMERICAN FENCE COMPANY, INC FENCE REPAIR 5,229.95 AMERIFLEX HSA/FSA BASE/ADMIN FEES 171.85 AT&T MOBILITY MOBILE AIRCARDS 86.32 AUDIO VIDEO INTEGRATIONS MICROPHONE 231.40 AUTO VALUE BATTERY 153.47 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 113,497.36 BORDER STATES INDUSTRIES INC WIRE 6,873.64 BROADCASTER PRESS ADVERTISING 825.07 BUHLS CLEANERS MAT/MOP SERVICE 688.78 CALLAWAY GOLF MERCHANDISE 2,989.17 CASK & CORK MERCHANDISE 333.00 CENTURYLINK TELEPHONE 1,003.70 CITY OF VERMILLION LANDFILL VOUCHERS 616.00 CLAY RURAL WATER SYSTEM WATER USAGE 134.80 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,483.94 CMOORE PIT SERVICE PORTA-POT RENTAL 1,050.00 CORE & MAIN LP FEMA-PIPE 22,715.45 CORE-MARK MIDCONTINENT, INC MERCHANDISE 3,236.05 DAKOTA BEVERAGE MERCHANDISE 8,979.80 DAKOTA PC WAREHOUSE INK CARTRIDGES 66.98 DAKOTA RIGGERS & TOOL SUPPLY SUPPLIES 372.09 DANISH GIRL MARKETING, LLC PROFESSIONAL SERVICES 500.00 DIAMOND MOWERS FAN ASSEMBLY 435.13 DUBOIS CHEMICALS CHEMICALS 12,056.00 ECHO ELECTRIC SUPPLY SUPPLIES 4,040.80 EMME SAND & GRAVEL INC BUNKER SAND 725.90 ENVISIONWARE, INC MAINTENANCE 2,994.65 ES OPCO USA LLC MOSQUITO KONTROL 2,700.00 FIRST BANK & TRUST-VISA TRAVEL/TRAINING/SUPPLIES 452.42 GEOTEK ENGINEERING TESTING 1,442.00 GLOBAL DIST. MERCHANDISE 300.00 GREGG PETERS MANAGERS PROFIT 55,200.62 HAUGER LAWN SERVICE MOWING/SPRAY WEEDS 164.00 HAWKINS INC CHEMICALS 8,795.66 HEARTLAND HUMANE SOCIETY TNR PROGRAM 300.00 HY VEE FOOD STORE SUPPLIES 347.49 IMPERIAL SUPPLIES LLC BRAKE CLEANER 53.80 INGRAM BOOKS 895.38 ISTATE TRUCK CENTER SHOE KITS 151.00 JOHN A CONKLING DIST. MERCHANDISE 3,540.26 JOHNSON BROTHERS OF SD MERCHANDISE 23,933.39 JONES FOOD CENTER SUPPLIES 192.56 K & M TIRE TIRE 79.00 KALINS INDOOR COMFORT DIAGNOSTIC 99.00 KIMBALL MIDWEST SUPPLIES 141.26 LAYNES WORLD COUNCIL NAME PLATES 45.00 LEISURE LAWNS, LLC INSTALL SPRINKLER SYSTEM 3,660.00 LOREN FISCHER DISPOSAL HAUL CARDBOARD 790.00 MIDAMERICAN GAS USAGE 2,809.95 MIDCONTINENT COMMUNICATIONS INTERNET/CABLE/TELEPHONE 329.99 MIDWEST ALARM CO ANNUAL FIRE ALARM INSPECTION 2,391.40 MIDWEST READY MIX & EQUIPMENT CONCRETE BLOCKS/SAND/PEA ROCK 1,978.12 MILLER & SONS GOLF CARS, LLC CUSHMAN HAULER PRO 15,213.60 NETSYS+ PROFESSIONAL SERVICES 34.50 NEW CENTURY FS FUEL 17,691.80 OHIO TURNPIKE & INFRASTRUCTURE COMMISSION TOLL FEE 44.50 O'REILLY AUTO PARTS PARTS 16.98 PEPSI COLA OF SIOUXLAND MERCHANDISE 1,914.24 POWERPHONE, INC ANNUAL SUPPORT 2,239.35 QUILL SUPPLIES 257.35 REQUIP, LLC PARTS 436.28 ROUNDS CONSTRUCTION LEACHE POND #2 1,000.00 RUNNING SUPPLY, LLC SUPPLIES 853.30 SANFORD HEALTH OCCUPATIONAL MEDICINE TESTING 150.00 SANITATION PRODUCTS INC PARTS 118.51 SD DENR LANDFILL OPERATIONS FEE 4,160.48 SD DEPT OF LABOR UNEMPLOYMENT 18.59 SD PUBLIC HEALTH LABORATORY TESTING 253.00 SIOUX FALLS OUTDOOR EQUIPMENT SUPPLIES 377.98 SOOLAND BOBCAT PARTS 367.48 SOUTHERN GLAZER'S OF SD MERCHANDISE 3,197.95 STAPLES BUSINESS CREDIT SUPPLIES 872.13 STERN OIL CO. AVIATION FUEL 12,092.21 STOCKTON TOWING INC TOWING 150.00 TANNER ELLE SAFETY BOOTS REIMBURSEMENT 249.57 THE LUMBERYARD LLC MATERIALS 220.85 THREAD & INK WORK T-SHIRTS 1,125.00 TITLEIST-ACUSHNET COMPANY MERCHANDISE 10,561.28 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 42.98 TYLER TECHNOLOGIES INSITE TRANSACTION FEES 630.00 ULINE SUPPLIES 1,280.23 US POSTMASTER POSTAGE DUE ACCOUNT 100.00 USPS-POC POSTAGE FOR METER 700.00 VERMEER HIGH PLAINS SUPPLIES 135.32 VERMILLION ACE HARDWARE SUPPLIES 293.43 VERMILLION AREA COMMUNITY FOUNDATION ROUND UP PROGRAM 182.40 VERMILLION ROTARY CLUB DUES/MEALS 243.25 WAHLTEK SERVICE CONTRACT 4,756.40 WESCO DISTRIBUTION, INC SUPPLIES 164.45 WILLIAMS & CO. 2023 AUDIT 15,965.00 ZIMCO SUPPLY CO SUPPLIES 6,762.00 Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda 13. Executive Session 1-25-2(5) 268-24 Council Member Price moved to go into executive session at 7:29 p.m. per SDCL 1-25-2(5). Council Member Murra second the motion. Mayor Cole declared the council out of executive session at 8:05p.m. 14. Adjourn 269-24 Council Member Murra moved to adjourn the Council Meeting at 8:05 p.m. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 15th day of July, 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 ___________.  CERTIFICATE OF APPRECIATION RECOGNIZING CITY DEPARTMENTS AFTER THE JUNE 2024 FLOODING WHEREAS, during the June 2024 Vermillion River flooding, the City of Vermillion experienced a devasting hit to three sanitary sewage force mains; and WHEREAS, City Departments and Staff aided in remedying this situation and deserve special recognition and appreciation; and WHEREAS, the Wastewater Department put in extra hours in tough conditions and worked diligently to respond to the emergency and get a temporary solution built; and WHEREAS, the Water Department assisted Wastewater Staff in multiple aspects of the response and recovery from the disaster to accomplish their goals; and WHEREAS, the Street Department aided site preparation for the temporary solution to be built as well as aiding in the creation of a berm to protect vital infrastructure; and WHEREAS, the Parks and Recreation Department created a more workable and comfortable environment by fogging for mosquitos in the area; and WHEREAS, all City Departments could be listed for different ways in which they supported the emergency response but these are a few examples of some larger and more visible ways that demonstrate City Departments tirelessly working together to meet the needs of the community; and WHEREAS, it is appropriate to recognize the value and the accomplishments the City Departments and Staff made when responding to and implementing the temporary solution for the sewer mains. NOW, THEREFORE, BE IT RESOLVED we, the governing body of the City of Vermillion, South Dakota, do hereby recognize the hard work and dedication of the employees to maintain and repair a vital, essential service for the City. Their tireless efforts, commitment, and expertise are invaluable to the community, and we extend our deepest gratitude to our City Departments and their Staff. Dated at Vermillion, South Dakota this 5th day of August 2024. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By ___________________________________ Jonathan D. Cole, Mayor ATTEST: By ________________________________ Katie E. Redden, Finance Officer 605.677.7050 605.677.5461 (fax) www.vermillion.us 25 Center Street Vermillion, SD n n n n n 57069  6. Public Hearing; item a Council Agenda Memo From: Ben Helleloid, Finance Intern Meeting: August 5, 2024 Subject: Special permit to exceed permissible sound levels by no more than 50% for the USD Department of Music on or about Sunday, September 22, 2024, from 1:00 p.m. to 5:00 p.m. for a music festival on the south side of Prentis Park. Presenter: Ben Helleloid Background: The USD Department of Music has applied for a special permit to exceed allowable noise levels for The Music is Alive Festival on or about Sunday, September 22, 2024, from 1:00 p.m. to 5:00 p.m. on the south side of Prentis Park. The festival will have live music performed by USD and Vermillion High School. This event is free and open to the public. A copy of the application, map of the area, and notice of hearing are attached. The city noise ordinance is as follows: Sec. 90.01. Noises prohibited. (A) General prohibitions: In addition to the specific prohibitions outlined below, it shall be unlawful for any person to make, continue, or cause to be made or continued any loud or unusual noise so as to disturb the peace of the public, any neighborhood, any business operation, family, lawful assembly of persons, or any person by committing any act or acts of disturbance within the limits of the City of Vermillion. (B) The following acts are declared to be in violation of this chapter. 1) Sound equipment prohibited: Except for emergency vehicles, it shall be unlawful for any person to operate or cause to be operated upon the streets or public places in the city a sound truck or car with sound amplification equipment in operation. “Sound truck” as used herein means any vehicle having thereon or attached thereto any sound amplification equipment. “Sound amplification equipment” as used herein means any machine or device for the amplification of the human voice, music or other sound, but shall not include radio or warning devices on vehicles used for traffic warning or control purposes. 2) Stereos, radios, television sets, musical instruments and similar devices: a. Using, operating or permitting the use or operation of any stereo, radio, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound, except as provided for in paragraph (1) above, in such a manner as to violate this section or cause a noise disturbance. b. The operating of any such device between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at fifty (50) feet from such device when operated within a vehicle parked on a public right-of-way or when operated from within a private residence.  6. Public Hearing; item a 3) Maximum permissible sound levels: It shall be unlawful for any person to operate or permit the operation of any stationary source of sound in such a manner as to create a sound pressure level during any ten-minute measurement period which exceeds the limits set forth for the following receiving land use districts when measured at the boundary or at any point within the property affected by the noise. Sound level measurements shall be made at a distance of fifty (50) feet from source with a sound level meter of type 2 or better, using the “A” weighting scale, in accordance with standards promulgated by the American National Standards Institute. Use District 11:00 p.m.-7:00 a.m. 7:00 a.m.-11:00 p.m. Residential 50 dB(A) 55dB(A) Commercial 55 dB(A) 60dB(A) Industrial & Agricultural 75 dB(A) 80dB(A) (C) It shall be a violation of this section if the sound which is measured creates a sound pressure level greater than the levels set forth for the receiving land use district for ninety (90) per cent of the time in any measurement period, such as the level exceeded for nine (9) minutes of a ten-minute period. (D) Special Permit - The City Council may, following a Public Hearing, issue a Special Permit to exceed allowable sound levels by not more than 50% of the allowable limit within the Use District, in a suitable location with appropriate facilities, during the allowable time. It shall be required of any applicant for a Special Permit to demonstrate that the event for which the permit is requested be of public benefit. An applicant shall submit a diagram clearly showing the sound level projections beginning at a point fifty (50) feet from the source, and continuing out through a radius of two hundred (200) feet from the source. Application for a Special Permit shall be made with the City Finance Officer, and shall be accompanied with an application fee of $25.00. Application for a Special Permit shall be completed no later than 30 days prior to the proposed event, and it shall contain all applicable information relative to the nature and purpose of the event. (Ord. No. 1100, 10-1-01) (E) Semi-tractors; prohibited noises: It shall be unlawful for any person within the city limits of Vermillion, to make, or cause to be made, loud or disturbing or offensive noises with any mechanical devices operated by compressed air and used for purposes of assisting braking on any semi-tractor, except for the aversion of imminent danger. (Ord. No. 1102, 10-15-01) Discussion: The City Council will need to determine if the event is in a suitable location with appropriate facilities, during the allowable time, and if the applicant can demonstrate the public benefit of the event. Relevant questions for a public gathering, when a noise permit is sought, include the availability of restroom facilities, clean-up of the area, and disposal of waste. Financial Consideration: The $25 fee for the special noise permit has been paid. Conclusion/Recommendations: Administration recommends issuance of the special permit to exceed allowable sound levels by no more than 50% for the USD Department of Music on or about Sunday, September 22, 2024, from 1:00 p.m. to 5:00 p.m. on the south side of Prentis Park for a music festival, unless information is presented at the public hearing indicating that there would be problems related to the noise.  NOTICE OF PUBLIC HEARING FOR SPECIAL PERMIT TO EXCEED ALLOWABLE SOUND LEVELS NOTICE IS HEREBY GIVEN THAT the Vermillion City Council on the 5th day of August, 2024 at the hour of 7:00 p.m. at the City Hall Council Chambers, 25 Center Street, will meet in regular session to consider the following application for a special permit to exceed allowable sound levels for the dates and times stated which has been filed in the Finance Officer's office: University of South Dakota Department of Music requests for a special permit to exceed permissible sound levels by no more than 50% at: • Prentis Park on Sunday, September 22, 2024, from 1:00 p.m. to 5:00 p.m. for a series of concerts from the USD and VHS music departments. NOTICE IS FURTHER GIVEN THAT any person, persons, or their attorney may appear and be heard at said scheduled public hearing who are interested in the approval or rejection of any such application for special permit. Dated at Vermillion, South Dakota this 5th day of August, 2024. ___________________________________ Katie E Redden, Finance Officer Publish: July 26, 2024 Published once at the approximate cost of ___________.  6. Public Hearing; item b Council Agenda Memo From: Nick Palmer, Planning and Zoning Intern Meeting: August 5, 2024 Subject: First reading of Ordinance 1517 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District; Subsection (B) Conditional Uses removing some applicable standards from the Heavy Manufacturing Use and adding new subsection (D) Performance Standards. Presenter: Nick Palmer Background: On April 22nd, the Planning and Zoning Commission (Commission) considered a conditional use application from Masaba Inc. for the construction and operation of a heavy manufacturing plant to process steel at 1400 317th Street. The current regulation for heavy manufacturing uses within the Hi Heavy Industrial Zoning district calls for a half-mile distance between any heavy manufacturing use and any residential district. Due to this regulation, the new and existing facilities were in violation of the regulation. To ensure that more businesses did not violate the regulation, Staff were asked to propose new ideas to the Commission. The Commission and Staff found this to be an arbitrary regulation as it allows for no further development of heavy manufacturing uses in the current HI zoning. Discussion: The proposal would amend some of the applicable standards on certain conditional uses in section 155.040 of the ordinance. Additionally, a new subsection would be added to the section. The new subsection will include the performance standards listed along with the definitions of each standard. The performance standards include the regulation of Appearance, Fire Hazard, Noise, Sewage and Liquid Waste, Air Contaminants, Odor, and Gases. The amendment will require the performance standards to be met by the developer in their initial facility plans before the Planning and Zoning Commission would consider a conditional use permit. Definitions for the performance standards were derived from the municipalities of Pierre, SD, Madison, SD, and input from staff that was found to be applicable. Staff proposes that the performance standards apply to all conditional uses within the HI district. This will minimize any disturbance to residential districts from conditional uses.  6. Public Hearing; item b Many of the conditional uses within this district already have regulations that would fall under the definition of a performance standard. These regulations would be removed from specific uses and be applied through performance standards. The City’s Planning and Zoning Commission considered the amendment at their July 22nd meeting. The Commission had no comments on the ordinance as there had been three informational presentations prior to the meeting. This was a public hearing but there were no individuals from the public present at the meeting. After the presentation of the amendment, the Commission recommended 6-0 to adopt the proposed amendment. Financial Consideration: The only cost for the City will be the publishing of the ordinance. Conclusion/Recommendations: Staff and the Planning and Zoning Commission recommend the City Council advance the ordinance amendment for consideration at a 2nd reading at the August 19, 2024 meeting.  PROPOSED ORDINANCE 1517 AN ORDINANCE TO AMEND TITLE XV, LAND USAGE; CHAPTER 155 ZONING REGULATIONS; SECTION 155.040 HI HEAVY INDUSTRIAL DISTRICT, SUBSECTION (B) CONDITIONAL USES, REMOVING SOME APPLICABLE STANDARDS FROM THE HEAVY MANUFACTURING USE, THE DISTILLATION OF PRODUCTS USE, THE REFINING USE, THE TANK FARM USE, THE GRAIN TERMINAL USE, AND THE JUNKYARD USE; ADDING NEW SUBSECTION (D) PERFORMANCE STANDARDS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.040 HI Heavy Industrial District, (B) Conditional Uses, be amended by removing some applicable standards from the Heavy Manufacturing use, the Distillation of Products use, the Refining use, the Tank Farm use, the Grain Terminal use, and the Junkyard use; additionally, a new subsection (D) Performance Standards will be added to the section. All other portions of Section 155.040 will remain as they are. Following is the amendment: § 155.040 HI HEAVY INDUSTRIAL DISTRICT. (B) Conditional Uses Conditional Uses Applicable Standards Heavy Manufacturing Traffic to and from the facility will not travel on residential streets and the odor will not impact residential neighborhoods.. Location shall not be located within ½ mile of any residential uses. Ready-mix concrete plant will not be considered as a conditional use. §§ 155.070, 155.073, 155.077, 155.095(A) Distillation of Products Traffic to and from the facility will not travel on residential streets and the odor will not impact residential neighborhoods.. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Refining Traffic to and from the facility will not travel on residential streets and the location shall not be located within ½ mile of a residential area.. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Tank Farm Compliance with the city’s fire and health code, traffic to and from the facility will not travel on residential streets and the odor will not impact residential neighborhoods.. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A)  Grain Terminal Traffic to and from the facility will not travel on residential streets and the odor will not impact residential neighborhoods.. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Junkyard Being sited off the main thoroughfares of the city, ½ mile from a residential district and be screened from view.. The owner shall agree to control rodents as a condition of the permit. §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) (D) Performance Standards. All conditional uses within this section shall meet the following performance standards prior to consideration by the Planning and Zoning Commission: (1) Appearance. Junk, salvage, auto wrecking, and similar operations shall be shielded from view from streets and from adjacent properties in another district by means of a sturdy, sight- obscuring fence in good repair. (2) Fire Hazard. All flammable substances involved in any activity established in this district shall be handled in conformance with the standards of the National Board of Fire Underwriters, National Fire Protection Association, and any additional regulations of the city. (3) Noise. All noise and noise-causing activities shall be muffled so that they will not create a disturbance greater than normal peak-hour traffic noise on a major street when observed from any area zoned residential. Major street noise for comparison purposes shall be measured on the primary state highway nearest to the industry. (4) Sewage and Liquid Waste. No operation shall be carried on which involves the discharge into a sewer, water course or the ground of liquid wastes of any radioactive nature, or liquid waste of a chemical nature which are detrimental to normal sewage plant operation or corrosive and damaging to sewer pipes and installations. Any liquid wastes which create heavy loading on the city treatment plant will be subject to treatment by the owner, before being discharged into the city sewer system or by other agreement with the City Commission. (5) Air Contaminants. Air contaminants and smoke shall be less dark than designated number 2 on the Ringleman Chart as published by the United States Bureau of Mines, except that smoke of a density designated as number 2 shall be permitted for one 4-minute period in each one- half hour. Light-colored contaminants of such opacity as to obscure an observer's view to a degree equal to or greater than the aforesaid shall not be permitted. Particulate matter or dust as measured at the point of emission by any generally accepted method shall not be  emitted in excess of two-tenths grains per cubic foot as corrected to a temperature of 500 degrees Fahrenheit. Due to the fact that the possibilities of air contaminants cannot be comprehensively covered in this section, there shall be applied the general rule that there shall not be discharged from any source whatsoever such quantities of air contaminants or other material in such quantity as to cause injury, detriment, nuisance or annoyance to any considerable number of persons or the public in general or to endanger the comfort, repose, health or safety of any such considerable number of persons or the general public or to cause or have a natural tendency to cause injury or damage to business, vegetation or property. (6) Odor. Odor-causing operations shall be controlled to reduce the escape of odors to the minimum practical within the limits of technology and economics. (7) Gases. All noxious gases shall be controlled to the extent that they will not be injurious to life and property. The gases sulfur dioxide and hydrogen sulfide shall not exceed 5 parts per million, carbon monoxide shall not exceed 25 parts per million, and nitrous fumes shall not exceed 5 parts per million. All measurements shall be made at the zoning lot line. (8) Vibration. All machines including punch presses and stamping machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive that it interferes with industrial operations on nearby zoning lots. Dated at Vermillion, South Dakota this ____ day of ________, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: August 5, 2024 Second Reading: August 19, 2024 Published: August 30, 2024 Effective: September 20, 2024  8. New Business; item a Council Agenda Memo From: Ben Helleloid, Finance Intern Meeting: August 5, 2024 Subject: Permit for the consumption, but not the sale, of alcoholic beverages for the Vermillion Area Farmer’s Market “Local Fare at the Fair” event on Thursday, August 8, 2024 from 5:00 p.m. to 7:00 p.m. at the Clay County Fairgrounds in Clover Hall Presenter: Ben Helleloid Background: Grace Freeman, on behalf of the Vermillion Area Farmer’s Market, has requested a permit for the consumption, but not the sale, of alcoholic beverages on public property to provide for the sampling of local wine and beer at the “Local Fare at the Fair” event. The event will be on Thursday, August 8, 2024 from 5:00 p.m. to 7:00 p.m. at the Clay County Fairgrounds in Clover Hall. A copy of the application is attached. State statute 35-1-5.5 provides that the Governing Body of a municipality may permit the consumption, but not sale, of any alcoholic beverage on property owned by the public. The statute is as follows: 35-1-5.5. Permit for consumption of alcoholic beverage on property owned by public or nonprofit corporation. The board of county commissioners or the governing body of a municipality may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the public or by a nonprofit corporation within its jurisdiction. The permit period may not exceed twenty-four hours and the hours of authorized consumption may not exceed those permitted for on-sale licensees. However, a municipality or county may permit the sale of alcoholic beverages on publicly owned property or property owned by a nonprofit corporation if it is during a special event for which a temporary license has been issued pursuant to § 35-4-124. Discussion: The City Council may permit the consumption, but not the sale, of alcoholic beverages on property owned by the public. This is City property that is leased to Clay County for the fairgrounds. Financial Consideration: None. Conclusion/Recommendations: Administration recommends approval of the permit to allow the consumption, but not the sale, of alcoholic beverages for the “Local Fare at the Fair” sampling event requested by the Vermillion Area Farmer’s Market on Thursday, August 8, 2024 from 5:00 p.m. to 7:00 p.m. at the Clay County Fairgrounds in Clover Hall.  8. New Business; item b Council Agenda Memo From: Alex Ruth, Administrative Intern Meeting: August 5, 2024 Subject: Proposed Sale of Blocks 1-5 Jack Powell Addition Presenter: John Prescott, City Manager Background: In 2022, a Housing Study demonstrated the need for additional single-family housing lots and multi-family housing lots over the next five years. In order to address these housing needs, the City Council approved the Project Plan for TIF #9 on July 1, 2024. Installation of the infrastructure in the Jack Powell Addition has a completion date of November 15, 2024. Upon completion of the infrastructure, the next step to repay the loan funding used by the TIF to build out the development are lot sales and buildings to generate property taxes. One goal of the property purchase and development is the building of affordable housing. Currently, Block 1 through 5 are zoned as R-3 residential. Discussion: The process for selling municipal-owned land is governed by SDCL 6-13. To proceed with the sale of Blocks 1-5, the following steps must be taken: the City Council must formally declare Blocks 1-5 as surplus property and have the site appraised. Any improvements on the lot need not be appraised. Once appraised the City can proceed with the sale process. The City can either advertise for sealed bids or sell the property through public auction or a licensed real estate broker. If the City proceeds with sealed bids, it may reject any and all bids, but if it accepts a bid, it must be that of the highest bidder. If no bids are received, the property may be reappraised or sold at private sale for not less than 90% of the appraised value. No governing board member, any officer of a county, municipality, township, or school district, who has been elected or appointed, or real property owner acting as an appraiser of Blocks 1-5 may purchase the surplus property except at public auction. The following are State statutes on this topic: 6-13-1. Disposition of surplus property. The governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable  8. New Business; item b for the purpose for which it was acquired. No motion is required to sell, trade, loan, destroy, or otherwise dispose of consumable supplies, printed text, zoo animals, or subscriptions. 6-13-2. Appraisal of value of surplus property--Filing of report. After the governing board of a political subdivision has made a determination of surplus property pursuant to § 6-13-1, the governing board shall appoint three real property owners of the political subdivision to appraise the value of such property. Such real property owners shall file a report of the appraisal with the fiscal officer of the political subdivision. The governing board may employ a person or persons licensed by the state to do fee appraisals in lieu of the property owners conducting an appraisal pursuant to this section. 6-13-4. Notice by publication of sale of surplus property--Exceptions. Any surplus property appraised pursuant to § 6-13-2 at five hundred dollars or less or any animal owned by a municipality for a zoo may be sold by the governing board at a private or public sale without notice. The governing board of the political subdivision shall give notice of the sale of all other surplus property, including property created as a result of an educational program in a school, by publishing a notice of the sale at least twice, with the first publication not less than ten days prior to the date of the sale. The first publication shall be in the official newspapers of the political subdivision and the second publication may be in any legal newspaper of the state chosen by the governing board of the political subdivision. If the political subdivision has no official newspaper, the first publication shall be made in a legal newspaper with general circulation in the area, to be selected by the governing board of the political subdivision. The notice shall describe the property to be sold and the time when bids will be opened. The governing board may open the bids or may designate an official and a witness to open all bids prior to the meeting of the governing board and shall state such in the notice of sale. Property to be transferred to another political subdivision pursuant to § 6-5-1 need not be advertised. 6-13-5. Receipt of sealed bids--Sale to highest bidder--Absence of bids--Private sale. Sealed bids received on the surplus property shall be filed with the fiscal officer of the political subdivision and shall be opened at a governing board meeting at the time specified in the notice required by § 6-13-4, or the governing board may designate an official of the political subdivision and a witness to open all bids before the meeting of the governing board as specified in the notice required by § 6-13-4. The governing board may reject any and all bids. However, if the governing board accepts a bid, it must be the bid of the highest bidder. If no bids are received, the governing board may have the surplus property reappraised pursuant to § 6-13-2, or may, within twelve months thereafter, sell the property at private sale for not less than ninety percent of the appraised value without further publication or appraisal. If the property to be sold was created as a result of an educational program in a school, the school board may accept the highest bid or it may reject all bids and may sell the property at private sale without further publication. Financial Considerations: Proceeds from land sales will be used to repay TIF loans. Conclusion/Recommendations: Administration recommends that the City Council declare Blocks 1-5 to be surplus and authorize the Surplus Property Committee to set a price.  8. New Business; item c Council Agenda Memo From: Alex Ruth, Administrative Intern Meeting: August 5, 2024 Subject: Resolution approving the Mutual Aid Agreement with MMUA Presenter: John Prescott, City Manager Background: The Minnesota Municipal Utilities Association (MMUA) is working to ensure all municipal electric utility members have a Mutual Aid Agreement with MMUA. With this, two documents are required: the Mutual Aid Agreement and the Resolution which are attached. Discussion: The Mutual Aid Agreement aligns the City/Vermillion Light & Power with other participating cities/utilities, serving as a mechanism to obtain emergency assistance. Having a Mutual Aid Agreement on file can help ensure that the City is eligible for federal funds in the event of a qualified emergency. The Federal Emergency Management Agency (FEMA) may not reimburse costs arising from a city, municipal utility, or cooperative assisting another city/utility/cooperative unless there is a prior, written agreement between the damaged party and the assisting party. Should the City assist another participating party, the Agreement clears the deck for reimbursement. It should be noted that the Agreement does not obligate the City/Vermillion Light & Power to provide assistance. Financial Consideration: None. Conclusion/Recommendations: Administration recommends approval of the Resolution approving the Mutual Aid Agreement with MMUA.  RESOLUTION APPROVING THE MUTUAL AID AGREEMENT WITH MMUA WHEREAS, the City of Vermillion, South Dakota, operates and maintains a municipal electric system utility; and WHEREAS, the City wishes to cooperate with other cities which own and operate utility systems and other publicly owned utility organizations (Publicly Owned Utilities); and WHEREAS, the City is a member of the Minnesota Municipal Utilities Association (MMUA) and MMUA has developed a program to encourage and foster mutual aid between and among Publicly Owned Utilities in the event of disasters and emergencies; and WHEREAS, the Federal Emergency Management Agency (FEMA) has established a rule which provides that FEMA will reimburse mutual aid costs for a particular disaster or emergency only if mutual aid participants have signed a written agreement prior that disaster or emergency; and WHEREAS, prudent and appropriate charges should be established from time to time which may be paid to the City for its provision of mutual aid services and which may be paid to other Publicly Owned Utilities which may provide mutual aid assistance to the City. NOW, THEREFORE BE IT RESOLVED, of the Governing Body of the City of Vermillion: 1. The Mayor is hereby authorized and directed to execute and deliver the MMUA Mutual Aid Agreement (attached hereto) and such other documents and agreements as may be necessary to implement the City’s participation in the MMUA Mutual Aid Program and to qualify for FEMA reimbursement of mutual aid costs. 2. The managing staff of the City’s utility system(s) shall establish reasonable rates for reimbursement of its labor and equipment costs as contemplated in FEMA rules and periodically revise such rates as necessary. 3. The City will provide mutual aid assistance to other Publicly Owned Utilities if management determines (a) that the reliability and performance of the City’s utility system(s) and the public health and safety of City residents and customers will not be materially and adversely affected, (b) the other Publicly Owned Utility has executed the MMUA Mutual Aid agreement (or an agreement substantially similar in form and content), and (c) the other Publicly Owned Utility has established rates for reimbursement of City’s labor and equipment costs which are reasonably comparable to those established by the City. Dated at Vermillion, South Dakota this 5th day of August 2024. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By _______________________________________ Jonathan D. Cole, Mayor ATTEST: (SEAL) By ________________________________ Katie E. Redden, Finance Officer  CITY OF VERMILLION INVOICES PAYABLE- AUG 5, 2024 1 A & B BUSINESS, INC COPIER CONTRACT 202.69 2 A & M SERVICES, INC UNIFORM CLEANING 260.72 3 ADVANTAGE ARCHIVES, LLC PROFESSIONAL SERVICES 2,295.25 4 ALLISON FARRAR REFUND RECREATION PROGRAM FEES 60.00 5 ALYSSA WALKER REFUND RECREATION PROGRAM FEES 57.00 6 AMAZON BUSINESS SUPPLIES/BOOKS/DVD 1,123.45 7 ANN GRUNEWALDT REFUND RECREATION PROGRAM FEES 50.00 8 A-OX WELDING SUPPLY CO CARBON DIOXIDE 3,780.65 9 AQUATIC INFORMATICS INC ANNUAL SUPPORT 1,469.00 10 AUTO VALUE PARTS 2,227.74 11 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES 13,464.96 12 BARCO MUNICIPAL PRODUCTS SUPPLIES 256.25 13 BIERSCHBACH EQPT & SUPPLY SUPPLIES 167.16 14 BIG STATE INDUSTRIAL SUPPLY SUPPLIES 438.93 15 BLACKSTONE PUBLISHING BOOKS 171.49 16 BLUEPEAK TELEPHONE/INTERNET 5,094.63 17 BORDER STATES INDUSTRIES INC WIRE/CABLE 9,996.76 18 BOUND TREE MEDICAL, LLC SUPPLIES 1,755.90 19 BRUNICKS SERVICE INC PROPANE 100.00 20 BURNS & MCDONNELL PROFESSIONAL SERVICES 3,914.16 21 BUTLER MACHINERY CO. REPAIRS 3,151.74 22 CALLE ANGLIN REFUND RECREATION PROGRAM FEES 52.00 23 CANFIELD BUSINESS INTERIORS REPLACEMENT CYLINDERS 823.50 24 CANNON TECHNOLOGIES, INC WATER NODES 6,604.00 25 CAPITAL ONE SUPPLIES 2,589.14 26 CARLOS CLAUDIO REFUND RECREATION PROGRAM FEES 50.00 27 CASK & CORK MERCHANDISE 466.50 28 CAYLYN WAGNER REFUND RECREATION PROGRAM FEES 55.00 29 CENTURYLINK TELEPHONE 72.94 30 CHAMBERLAIN OIL CO OIL 126.40 31 CHRISTEN SMITH REFUND RECREATION PROGRAM FEES 52.00 32 CINTAS SUPPLIES 113.06 33 CITY OF VERMILLION POSTAGE/COPIES 1,080.72 34 CITY OF VERMILLION CITY UTILITY BILLS 42,868.86 35 CLAY-UNION ELECTRIC CORP REINTEGRATION 1,571.76 36 COFFEE KING ROASTING & SUPPLY CO MERCHANDISE 69.75 37 COLONIAL LIFE INSURANCE 2,761.14 38 CORE & MAIN LP FEMA-YELOMINE PIPE 26,748.00 39 CORE-MARK MIDCONTINENT, INC MERCHANDISE 10,935.05 40 CORNBELT UMPIRE ASSOCIATION UMPIRE FEES 2,300.00 41 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 1,432.00 42 CRYSTAL BRADY REIMBURSEMENT 69.99 43 CRYSTAL HEKRDLE REFUND RECREATION PROGRAM FEES 52.00 44 CYNDI ORDYNA REFUND RECREATION PROGRAM FEES 140.00 45 DAKOTA BEVERAGE MERCHANDISE 14,184.88 46 DAKOTA PC WAREHOUSE BATTERY BACKUP/SURGE UPS 253.96 47 DAKOTA SUPPLY GROUP METER 1,911.86 48 DANKO EMERGENCY EQUIPMENT CO COMPRESSOR MAINTENANCE 1,033.75 49 DEEP FOUNDATION GROUP LLC FEMA-TEMP WWTP BRIDGE 294,900.00 50 DEERE & COMPANY COMPACT UTILITY TRACTOR 73,576.33 51 DELTA DENTAL PLAN INSURANCE 6,937.00 52 DENNIS MARTENS MAINTENANCE 833.34 53 DIAMOND VOGEL PAINTS WHITE TRAFFIC PAINT 1,750.00 54 D-P TOOLS BATTERY CHARGER 57.12 55 DUBOIS CHEMICALS CHEMICALS 12,056.00 56 ECHO ELECTRIC SUPPLY SECURITY & ALARM CABLE 367.75 57 ED M. FELD EQPT CO SPECTACLE KIT ASSY 362.04 58 EFRAIMSON ELECTRIC, INC AUTOMATED WEATHER OBSERVING SYSTEM 114,132.60 59 ELEVATE HEALTHCARE TRAINING MANIKIN 2,909.00 60 EMILY HEINE REFUND RECREATION PROGRAM FEES 50.00 61 EMMA LADWIG REFUND RECREATION PROGRAM FEES 140.00 62 EQUIPMENT MANAGEMENT COMPANY REGISTRATION 1,575.00 63 ERICKSON SOLUTIONS GROUP PROFESSIONAL SERVICES 1,400.55 64 ERIN VOGEL REFUND RECREATION PROGRAM FEES 50.00 65 ES OPCO USA LLC MOSQUITO KONTROL 4,050.00 66 EUROFINS ENVIRONMENT TESTING NORTH CENTAL, LLC TESTING 2,393.00 67 FAIRHOLM LEADERSHIP CONSULTING PROFESSIONAL SERVICES 250.00 68 FAITH JENKINS REFUND RECREATION PROGRAM FEES 50.00 69 FASTENAL COMPANY PARTS 53.05 70 FIRST BANK & TRUST-VISA TRAVEL/TRAINING/SUPPLIES 8,262.66 71 FLAGSHOOTER, INC PRINTED RED FLAGS 978.26 72 GALLS INCORPORATED FIRE SHIELD BADGES/UNIFORM 961.78 73 GINA MOCKLER REFUND RECREATION PROGRAM FEES 105.00 74 GLOBAL DIST. MERCHANDISE 214.46 75 GRAYMONT (WI) LLC CHEMICALS 6,115.10 76 GREGG PETERS FREIGHT 1,506.04  77 GREGG PETERS RENT 937.50 78 HAMILTON MEDICAL SERVICE CONTRACT 2,990.00 79 HAWKINS INC CHEMICALS 6,844.02 80 HD SUPPLY FOAM HANDWASH 74.16 81 HEEYOUNG CHOI REFUND RECREATION PROGRAM FEES 60.00 82 HEIMAN FIRE EQUIPMENT FIREFIGHTER GEAR 44,110.89 83 HILLYARD/SIOUX FALLS SAFETY GLASSES 15.96 84 HY VEE FOOD STORE EMPLOYEE LUNCHEON/SUPPLIES 1,461.49 85 IN CONTROL, INC ANNUAL CHARGE 200.00 86 INGRAM BOOKS 2,495.07 87 JACKS UNIFORM & EQPT UNIFORM 72.65 88 JAY ELLEDGE EXAM & MEALS REIMBURSEMENT 163.50 89 JAY'S PLUMBING REPAIRS 81.60 90 JED DROGE REFUND RECREATION PROGRAM FEES 55.00 91 JENNY HANSON REFUND RECREATION PROGRAM FEES 52.00 92 JIM GOBLIRSCH CONCESSIONS REIMBURSEMENT 125.27 93 JOHN A CONKLING DIST. MERCHANDISE 5,963.05 94 JOHNSON BROTHERS OF SD MERCHANDISE 16,500.70 95 JON SCHEMMEL REFUND RECREATION PROGRAM FEES 55.00 96 JONES FOOD CENTER SUPPLIES 143.81 97 KAIA BROSE MILEAGE REIMBURSEMENT 28.05 98 KALINS INDOOR COMFORT HEAT PUMP/AIR HANDLER 15,303.00 99 KATIE CARTER REFUND RECREATION PROGRAM FEES 57.00 100 KATIE MCPHERSON REFUND RECREATION PROGRAM FEES 55.00 101 KELLY GREEN REFUND RECREATION PROGRAM FEES 67.00 102 KIM TURNER REFUND RECREATION PROGRAM FEES 85.00 103 KNIFE RIVER MIDWEST, LLC ASPHALT 2,635.05 104 KRISTIN SCHMELING REFUND RECREATION PROGRAM FEES 107.00 105 LAURA HAGEMANN REFUND RECREATION PROGRAM FEES 47.00 106 LAYNES WORLD SUPPLIES 115.48 107 LEA HALL REFUND RECREATION PROGRAM FEES 60.00 108 LEISURE LAWNS, LLC FERTILIZER/INSECTICIDE 89.25 109 LISA TERWILLIGER REFUND RECREATION PROGRAM FEES 70.00 110 LOFFLER COPIER CONTRACT 272.98 111 MATHESON TRI-GAS, INC CYLINDER RENTAL 558.35 112 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 289.87 113 MICHAELA ROBINSON COLONIAL REFUND 25.74 114 MICHELLE DENNIS USD DISTRICT NOMINATION PROJECT 500.00 115 MIDWEST ALARM CO ALARM MONITORING 323.12 116 MIDWEST TURF & IRRIGATION PARTS 1,748.48 117 MIDWEST WHEEL COMPANIES PARTS 214.58 118 MINN MUNICIPAL UTILITY ASSOCIATION SAFETY MGMT PROGRAM 8,405.00 119 MISSOURI RIVER ENERGY SERVICES INFRARED INSPECTION/OIL SAMPLING 11,423.10 120 MISTER SMITH'S SANDWICHES 21.47 121 MOLLY RADIGAN REFUND RECREATION PROGRAM FEES 60.00 122 MR. GOLF CAR, INC CHARGER/REPAIRS 662.00 123 NAOMI KOCER REFUND RECREATION PROGRAM FEES 60.00 124 NBS CALIBRATIONS CALIBRATION/BALANCING 370.00 125 NCL OF WISCONSIN, INC TESTING 1,239.67 126 NETSYS+ PROFESSIONAL SERVICES 614.75 127 NICK MERRIGAN BUSHELS OF CORN 1,575.00 128 NICOLE AUGUSTINE REFUND RECREATION PROGRAM FEES 55.00 129 ODEYS INC INFIELD TOPDRESSING 793.00 130 O'REILLY AUTO PARTS PARTS 450.74 131 OVERHEAD DOOR OF SIOUX CITY REPAIRS 297.36 132 PCC, INC COMMISSION 7,870.42 133 PEPSI COLA OF SIOUXLAND MERCHANDISE 3,878.86 134 PHIL WIEBELHAUS SAFETY BOOTS REIMBURSEMENT 114.99 135 PING/KARSTEN MFG CORP MERCHANDISE 1,111.60 136 PIZZA RANCH 20 PC CHICKEN BOX/PIZZA/BUFFETS 340.10 137 PLAIN TALK PUBLISHERS SUBSCRIPTION 104.14 138 PRESSING MATTERS SUPPLIES 709.00 139 PRESTO-X-COMPANY INSPECTION/TREATMENT 76.57 140 QUILL SUPPLIES 455.69 141 REDI TOWING TOWING 540.00 142 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE 8,369.75 143 RUNNING SUPPLY, LLC SUPPLIES 1,321.38 144 SANDY BOOKER REFUND RECREATION PROGRAM FEES 60.00 145 SANFORD HEALTH SUPPLIES 72.61 146 SANFORD HEALTH OCCUPATIONAL MEDICINE TESTING 399.00 147 SANITATION PRODUCTS INC PARTS 2,365.32 148 SARA ROHDE REFUND RECREATION PROGRAM FEES 52.00 149 SARAH BANKS REFUND RECREATION PROGRAM FEES 55.00 150 SAVANNAH KLEIN REFUND RECREATION PROGRAM FEES 47.00 151 SD PUBLIC ASSURANCE ALLIANCE PROPERTY COVERAGE 243.05 152 SD PUBLIC HEALTH LABORATORY TESTING 1,265.00 153 SD RETIREMENT SYSTEM CONTRIBUTIONS 68,734.78 154 SD SECRETARY OF STATE NOTARY FILING FEE-A. LARSEN 30.00 155 SERVICE MASTER OF SE SOUTH DAKOTA CUSTODIAL 3,742.74 156 SHANE O'CONNOR REFUND RECREATION PROGRAM FEES 47.00 157 SHANNA FORMISANO REFUND RECREATION PROGRAM FEES 70.00 158 SHASTA FORD REFUND RECREATION PROGRAM FEES 50.00 159 SIERRA CARGILL REFUND RECREATION PROGRAM FEES 47.00 160 SOUTH DAKOTA 811 SD LOCATES 709.80 161 SOUTH DAKOTA VFW BASEBALL HOSTING FEE 200.00 162 SOUTHEAST SOFTBALL ASSOC LEAGUE/TOURNAMENT FEE 140.00 163 SOUTHERN GLAZER'S OF SD MERCHANDISE 6,234.76 164 STAPLES BUSINESS CREDIT SUPPLIES 1,731.87 165 STOCKTON TOWING INC TOWING 450.00 166 SYDNEY DAVIS REFUND RECREATION PROGRAM FEES 50.00 167 TAWANA WALKER REFUND RECREATION PROGRAM FEES 70.00 168 THE LUMBERYARD LLC ROOFING FELT 149.95 169 THE UPS STORE #6751 SHIPPING 20.72 170 THREAD & INK JACKETS/VEST/SHIRTS 1,008.10 171 TITLEIST-ACUSHNET COMPANY MERCHANDISE 278.02 172 TOM MERRIGAN BUSHELS OF CORN 1,575.00 173 TRACTOR SUPPLY CREDIT PLAN BELT 43.99 174 TRISHA FISHER REFUND RECREATION PROGRAM FEES 70.00 175 TRUCK TRAILER SALES & SERVICE, INC PARTS 808.16 176 TWO WAY SOLUTIONS BATTERIES 545.84 177 TYLER BROWN REFUND RECREATION PROGRAM FEES 50.00 178 TYLER TECHNOLOGIES A/R MIGRATION 720.00 179 UNITED WAY CONTRIBUTIONS 408.00 180 UNUM LIFE INSURANCE COMPANY INSURANCE 1,032.39 181 US POSTMASTER POSTAGE FOR UTILITY BILLS 1,450.00 182 UTILITY ASSOCIATES INC ALTERATIONS 66.00 183 UTILITY EQUIPMENT CO. CERTA-LOCK PIPE 18,035.97 184 VALIANT VINEYARDS MERCHANDISE 552.30 185 VAN DIEST SUPPLY CO SUPPLIES 267.00 186 VERATHON, INC AMBULANCE EQUIPMENT 2,353.00 187 VERIZON WIRELESS CELL PHONES/IPAD ACCESS 3,879.31 188 VERMILLION ACE HARDWARE SUPPLIES/PARTS 3,380.81 189 VERMILLION BASEBALL ASSOCIATION TOURNAMENT UMPIRES/PITCH COUNTERS 600.00 190 VERMILLION CHAMBER OF COMMERCE & DEVELOPMENT CO. VERMILLION BUCKS 100.00 191 VERMILLION GARBAGE SERVICE MONTHLY HAULING 1,763.80 192 VERMILLION ROTARY CLUB DUES/MEALS 401.50 193 WESCO DISTRIBUTION, INC SUPPLIES 408.00 194 WH OVER MUSEUM CONTRIBUTIONS 8,000.00 195 WHITE CAP SUPPLIES 3,299.63 196 YANKTON MOTORSPORTS LLC PARTS 430.49 GRAND TOTAL $999,030.94