City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session May 19, 2025 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, May 19, 2025, at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Thaler, Leber, Price, Holland, Jennewein, Cheeseman, Murra, Mayor Cole Absent: Hellwege 2. Adoption of Agenda 148-25 Council Member Holland 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 John Prescott introduced the two interns, Maddi Lehman and Portia Nyamaa. 4. Department Spotlight – Parks and Recreation Department – Jim Goblirsch Director Jim Goblirsch, Parks and Recreation Director, reported on the Parks and Recreation Staff. Jim went over each of his staff’s duties and things going on in each department. Discussion followed. 5. Presentation of Draft Capital Improvement Plan for General Funds – John Prescott John Prescott, City Manager, went over the 2025-2029 Capital Improvement Plan for General funds. John reviewed the larger projects that are scheduled to happen along with minor projects. John noted that some items and amounts in future years would need to be refined as the project moves closer. John answered questions from the City Council on the Capital Improvement Plan. John stated that the Capital Improvement Plan will be finalized and brought to the City Council for approval at a future meeting. 6. Potential Changes to Chapter 115 - Tattooing and Body Piercing - Finance Officer Katie Redden Katie Redden, Finance Officer, presented potential changes to the tattooing and body piercing ordinance. Katie stated that in 2010 an addition to Chapter 115 of background checks was added as a request from a current tattoo artist. Katie noted that in 2024 a tattoo artist addressed concerns of discrimination against people who have felonies. Katie presented three options to the council to change the current ordinance or keep it the same. Discussion followed on removing felonies and background requirements. 7. Briefing on the May 19, 2025, City Council Regular Meeting Council reviewed items on the agenda with City Staff. No action was taken. 8. Adjourn 149-25 Council Member Cheeseman moved to adjourn the Council special session at 1:07 p.m. Council Member Leber seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of May, 2025. 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 19, 2025 Monday 6:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on May 19, 2025 at 6:00 p.m. by Mayor Cole. 1. Roll Call Present: Thaler, Leber, Price, Holland, Jennewein, Cheeseman, Murra, Mayor Cole Absent: Hellwege 2. Pledge of Allegiance 3. Minutes A. Minutes of May 5, 2025, Special Session and May 5, 2025, Regular Session 150-25 Council Member Jennewein moved approval of the May 5, 2025 special session and May 5, 2025 regular session minutes. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 151-25 Council Member Cheeseman 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 A. EMS Proclamation Mayor Cole read the following proclamation: WHEREAS, emergency medical services are 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 fill healthcare gaps 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 18 – 24, 2025 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 51st Anniversary of EMS WEEK: We Care. For Everyone. Dated at Vermillion, South Dakota this 19th day of May 2025. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Division Chief Tony Klunder thanked everyone for their support and addressed the latest struggles EMS teams face today. 6. Public Hearings A. First Reading of Ordinance 1532 to Amend Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 Rezoning Lots 5 and 6, Block 2, Replat of Sammelsons 2nd Addition; and Lots 10 through 13, Exc. South 33’ of Lot 10, Block 2, Replat of Blessing Addition City of Vermillion, Clay County, South Dakota from the R-2 Residential District to R-3 Residential District (property located at 419 and 505 Adams Street). Jose Dominguez, City Engineer, reported on the first reading of Ordinance 1532 to Amend Title XV, Land Usage. Jose stated Mr. William Wood, owner of the land, has requested that the City rezone his property on Adams Street, as described above, from the R-2 Residential District to the R- 3 Residential District. The area is roughly 0.94 acres in size. The existing uses surrounding the property are apartments to the north, single-family residences to the east and south, and a mobile home park to the west. The zoning surrounding the property is R-2 Residential to the east, south, and west, and R-3 Residential to the north. There is a small portion of R-4 Residential to the west of the area being considered. Jose stated the existing apartments on this property were constructed in 1967. From the time that they were constructed until 2008 the area was zoned as R-2 General Residential. When the apartments were constructed the zoning ordinance limited apartment size based on the lot size. In this instance the maximum sized building allowed would have been a 16- plex (this did not take into account the number of bedrooms). The existing apartment is a 12-plex with 36 bedrooms. Jose noted that in 2008, the zoning ordinance was updated and this property, along with the surrounding neighborhood, was zoned into the new R-2 Residential District. Although the regulations have been amended since 2008, the maximum size of the units has been reduced to no more than a 16-bedroom unit. Jose stated in 2018 several properties were rezoned from the R-2 Residential District into the R-3 Residential District. This was done to bring the existing apartments into conformance as it would allow for a similarly dense development if the properties ever needed to be rebuilt. Jose reported that Mr. Wood’s desire for rezoning his property into the R-3 District is so that he is able to rebuild if something were to happen. Although the use is allowed to exist, it does so as a “non-conforming use.” Jose stated that zoning this lot into the R-3 Residential District should not negatively impact the neighborhood. As previously mentioned, there are already high-density residential developments in the vicinity. Additionally, there is a fraternity within 200 feet and a mobile home park across the street. It should also be noted that the use will not change, the existing apartment building will remain. In the event that the apartment building needs to be reconstructed, the off-street parking requirements may limit the size of the new construction since parking will need to be provided. Jose noted this item was considered by the City’s Planning and Zoning Commission at their May 12th meeting. At that meeting, the Commission voted 7-0 to recommend the City Council adopt the rezone as proposed. There were three members of the public present at the meeting, this being the owner and his representatives. They stated that they agreed with Staff’s reasoning for the rezone and that they would have pursued the same request back in 2018 if they would have been aware of it. 152-25 Mayor Cole read the title to the above-mentioned ordinance and Council Member Murra moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1532 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 Rezoning Lots 5 and 6, Block 2, Replat of Sammelsons 2nd Addition; and Lots 10 through 13, Exc. South 33’ of Lot 10, Block 2, Replat of Blessing Addition City of Vermillion, Clay County, South Dakota from the R-2 Residential District to R-3 Residential District of the City of Vermillion, South Dakota has been read and the ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 19th day of May, 2025 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 Thaler. 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. 7. Old Business A. Second Reading of Ordinance 1530 Amending Title V, Public Works; Chapter 50, General Provisions; Section 50.03, Resale of Utility Services to Add Language Prohibiting the Resale of Utility Services. Shane Griese, Utilities Manager, reported that City Code Section 51.21 Resale of Utility Services has historically been interpreted to include all utility services, even though the code is in Chapter 51, Electricity. Shane noted the proposed Ordinance 1530 will carry the same spirit as 51.21 with language to more clearly include all utility services while being placed in Chapter 50 General Provisions. It will also clearly state the requirement for meters to be installed as part of any authorization to measure usage of the ultimate user. Shane stated historically all resale authorizations have required meters to be installed as part of the authorization. This requirement was made to ensure that no ultimate user was being overcharged for water or sewer services. Shane noted there has never been a resale authorization for electricity in the city, as individual metering is required for electricity and gas by the state. Shane noted City Staff have seen several instances where entities are proposing to utilize a ratio-based system to try to resell utility services. This updated code will be better suited to prohibit these systems. Shane reported SDCL 49-34-14 Overcharging; was amended in 2024. The update removed multiple services including water from the list of services that could not be overcharged for. Shane noted while this update has removed water from the list, it is the Staff’s belief that requiring submetering assures that the ultimate users within our system are not being overcharged for utility services that they utilize. 153-25 Second reading of title to Ordinance No. 1530, entitled An Ordinance Amending Title V, Public Works; Chapter 50, General Provisions; Section 50.03, Resale of Utility Services to Add Language Prohibiting the Resale of Utility Services for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named ordinance, and Council Member Holland moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1530 entitled Amending Title V, Public Works; Chapter 50, General Provisions; Section 50.03, Resale of Utility Services to Add Language Prohibiting the Resale of Utility Services 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 5th day of May, 2025 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of May, 2025 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 1530 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE V, PUBLIC WORKS; CHAPTER 50, GENERAL PROVISIONS BY ADDING SECTION 50.03, RESALE OF UTILITY SERVICES BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title V, Section 50.03, Resale of Utility Services, be adopted as follows: § 50.03 RESALE OF UTILITY SERVICES. (A) Customers shall not resell to or share any utility service provided by the city with any third party, unless it is authorized by the City Council. (B) Where resale of utility service is authorized by the City Council, the city shall have no obligation to furnish, install, or maintain meters or any other facilities required for the resale of such service to the ultimate user. C) When resale is authorized, submetering shall be required to accurately measure water, sewer, and electric consumption of the ultimate user. Dated at Vermillion, South Dakota this 19th day of May 2025. 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 Murra. 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: Thaler – Y, Leber - Y, Price - Y, Holland - Y, Jennewein - Y, Cheeseman - Y, Murra - Y, Mayor Cole - Y Motion carried 8 to 0. Mayor Cole declared that the ordinance has been adopted and directed publication thereof as required by law. B. Second Reading of Ordinance 1531 Amending Title V, Public Works; Chapter 51, Electricity; Section 51.21, Resale of Utility Services Clarifying Existing Language. Shane Griese, Utilities Manager, reported City Code Section 51.21 prohibits utility customers from reselling services to any third party without City Council authorization. It also clearly states metering responsibility in the event authorization is granted. Shane stated the proposed amendment to 51.21 updates the language to align with language in the previous item, Ordinance 1530. Shane noted Ordinance 1531 does not take away from or add to the spirit of the original code. It is simply updating some language to assure both sections of City Code align. The language has been reviewed by the City Attorney. 154-25 Second reading of title to Ordinance No. 1531, entitled An Ordinance Amending Title V, Public Works; Chapter 51, Electricity; Section 51.21, Resale of Utility Services Clarifying Existing Language for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named ordinance, and Council Member Murra moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1531 entitled Title V, Public Works; Chapter 51, Electricity; Section 51.21, Resale of Utility Services Clarifying Existing Language 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 5th day of May, 2025 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 19th day of May, 2025 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 1531 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE V, PUBLIC WORKS; CHAPTER 51, ELECTRICITY; SECTION 51.21, RESALE OF UTILITY SERVICES BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title V, Section 51.21, Resale of Utility Services, be amended as follows: § 51.21 RESALE OF UTILITY SERVICES. (A) Customers shall not resell to or share with others any service furnished provided by the city with any third party, unless it is authorized by the City Council. (B) Where resale of utility service is authorized by the City Council exists, the City will be under no obligation to furnish or maintain meters or other facilities for the resale of service by the reselling customer to the ultimate user. Dated at Vermillion, South Dakota this 19th day of May 2025. 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 Price. 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: Thaler – Y, Leber - Y, Price - Y, Holland - Y, Jennewein - Y, Cheeseman - Y, Murra - Y, Mayor Cole - Y Motion carried 8 to 0. Mayor Cole declared that the ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Request for additional funding for the 2025 Shakespeare Festival. John Prescott, City Manager, reported that the Shakespeare Festival has been an annual June event in Prentis Park since 2012. The City provided in-kind support in 2012 and 2014. The City provided financial support of $2,000 in 2015; $3,000 in 2016, $3,625 in 2017; and $4,000 for 2018 and 2019. Since 2022, the City has provided $5,000 in annual support from the BBB fund to the Shakespeare Festival. The 2025 award budget of $5,000 for the Shakespeare Festival was paid in March. John reported that earlier this year, the Shakespeare Festival received notice from the South Dakota Humanities Council that due to an unexpected cut in federal funding, they were temporarily pausing all grant award notifications. The Shakespeare Festival was approaching all 2025 contributors asking them to donate again to make up the shortfall. John noted that contacts were also being made with potential 2025 donors who had not yet contributed. John stated that Rich Holland noted the funding shortfall at the May 5 noon meeting under Visitors to Be Heard. He asked the City Council to consider providing additional funding to support the 2025 program. The City Council agreed to make a determination on providing additional 2025 funding during the May 19 meeting. Council Member Holland abstained from voting on this item due to being the treasurer. Huckabee answered questions from the Council. Discussion followed on the festival and their funding options. 155-25 Council Member Cheeseman moved approval of the Request for Additional Funding for the 2025 Shakespeare Festival of a total of $4,849. Council Member Price seconded the motion. Motion carried 5 to 2 to 1. Mayor Cole declared the motion adopted. B. Request for additional 2025 funding for the Vermillion Housing Authority. John Prescott, City Manager, reported that in addition to providing free office space, the City of Vermillion has provided the Vermillion Housing Authority (VHA) funding to cover the cost of their annual audit. The VHA audit numbers are included in the City’s audit as a component unit since the City Council appoints the members of the VHA Board. Initially, $10,000 of the City’s General Fund was budgeted to cover audit costs. After several years of not needing the full $10,000, the City’s budget contribution was reduced to $8,500. The Vermillion Housing Authority’s audit cost was $8,500 in 2023. John stated an increase in audit costs and a change in the timing of the payment for the audit led to the Vermillion Housing Authority coming to the City Council late last year for additional funding to cover audit costs. The City provided $13,981 of funding in 2024 to cover the cost of the audit for the VHA fiscal year ending June 30, 2023 and a payment for half of the audit cost for the VHA fiscal year ending June 30, 2024. John proposed to increase the Vermillion Housing Authorities General Fund contribution to $16,900. 156-25 Council Member Jennewein moved approval of the Vermillion Housing Authorities General Fund contribution to $16,900. Council Member Leber seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. C. VCDC request to close Church Street from East Main Street to Kidder Street from 3:30 p.m. to 6:30 p.m. on Friday, October 31, 2025, for the Downtown Trick-or-Treat event. John Prescott, City Manager, reported a request to close Church Street from East Main Street to Kidder Street. John noted the Vermillion Area Chamber and Development Company (VCDC) is hosting their Downtown Trick or Treat event on Friday, October 31, 2025 from 3:30 p.m. to 6:30 p.m. John stated to enhance the safety of local pedestrian traffic and visitors during the event, the VCDC has requested this temporary street closure of Church Street from East Main Street to Kidder Street from 3:30 p.m. to 6:30 p.m. on Friday, October 31. John noted Church Street is where many of the businesses and organizations will set up. This location provides an abundance of public parking opportunities in the downtown area. John stated this event is open to the public. The applicant states VCDC staff will be responsible for all trash cleanup following the event. John noted Vermillion Fire/EMS, Police, and Street Departments have been notified of the event and currently have no concerns. 157-25 Council Member Cheeseman moved approval of the VCDC request to close Church Street from East Main Street to Kidder Street from 3:30 p.m. to 6:30 p.m. on Friday, October 31, 2025 for the Downtown Trick-or-Treat event. Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. D. VCDC request to close Main Street from Court Street to the alley between XIX Brewery and CorTrust Bank, Kidder Street from West Main Street to one-half block south, and Prospect to one-half block north from 4:30 p.m. to 7:30 p.m. on Thursday, December 4,2025, for the Annual Standstill Parade of Lights. John Prescott, City Manager, reported on a street closure for the VCDC’s Standstill Parade of Lights. John noted the Vermillion Area Chamber and Development Company (VCDC) is hosting a Standstill Parade of Lights event on Thursday, December 4, 2025, from 4:30 p.m. to 7:30 p.m. John stated to enhance the safety of local pedestrian traffic and visitors during the event, the VCDC has requested West Main Street from the west line of the Court Street intersection west to the alleyway halfway between Market Street and Austin Street, Market Street from West Main Street to the alleyway one half block south, and Prospect Street from West Main Street to alleyway one-half block north on Thursday, December 4, 2025, from 4:30 p.m. to 7:30 p.m. John stated this event will be open to the public. The applicant states the VCDC will be responsible for their own cleanup, flyers will be given to surrounding businesses to notify them of the event. John reported Vermillion Fire/EMS, Police, and Street Departments have been notified of the event and currently have no concerns. 158-25 Council Member Leber moved approval of the VCDC request to close Main Street from Court Street to the alley between XIX Brewery and CorTrust Bank, Kidder Street from West Main Street to one-half block south, and Prospect to one-half block north from 4:30 p.m. to 7:30 p.m. on Thursday, December 4, 2025, for the Annual Standstill Parade of Lights. Council Member Murra seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Packard Group request to close the east-west alley between East Main Street and East National Street from Center Street to the south entrance of the west City Hall parking lot on Friday, May 30, 2025 from 5:00 p.m. to 7:30 p.m. for an art opening. Maddi Lehman, Admin Intern, reported that Packard Group will be holding their Thunderdomesticity Art Opening on the evening of Friday, May 30, 2025. This event will be held indoors and outdoors in order to accommodate visitors. It has been requested that the alley between Center Street and the west City Hall parking lot be closed from 5:00 p.m. to 7:30 p.m. on that evening. Maddi stated no residential access will be directly affected due to the street closure. The Packard Group will be responsible for cleanup and moving the barricades. The completed alley closure request application and diagram are included in the packet. The Street, Police, and Fire/EMS Departments have been notified of the street closure request; they did not have any concerns. 159-25 Council Member Murra moved approval of the Packard Group request to close the east-west alley between East Main Street and East National Street from Center Street to the south entrance of the west City Hall parking lot on Friday, May 30, 2025 from 5:00 p.m. to 7:30 p.m. for an art opening. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. F. Resolution annexing Marv Tract 1, in the E 1/2 of the SW 1/4 of Section 12, Township 92 North, Range 52 West of the 5th P.M., Clay County, South Dakota (property located at the northeast corner of the intersection of South Dakota Highway 50 and Princeton Street). Jose Dominguez, City Engineer, reported on a resolution to annex a piece of land into City limits. Jose stated the owners of Marv Tract 1 are requesting the City Council consider annexing their property into City limits. Marv Tract 1 is a 37.1-acre parcel located in the northeast corner of the intersection between South Dakota Highway 50 and Princeton Street. Currently, the owners will continue farming the property but want to have the property as ready as possible for future development. Jose stated the owners have submitted their petition to annex the above- mentioned area into the municipal boundaries of Vermillion. If the property is developed, the City will extend utilities to the area so that future lots are serviced. The land will enter City limits zoned NRC, Natural Resource Conservation, which is the most restrictive classification and allows farming operations within the City. Rezoning of the property will follow at a later meeting. Chris Larson, Clay Union Electric, would offer support for the annexation for this property. 160-25 After reading the same once, Council Member Murra moved adoption of the following: RESOLUTION ANNEXING CERTAIN CONTIGUOUS TERRITORY TO THE CITY OF VERMILLION,CLAY COUNTY, SOUTH DAKOTA WHEREAS, there has been presented to the Governing Body of the City of Vermillion, and filed with the City Finance Officer, a petition to annex contiguous territory into the corporate limits of the City of Vermillion; and WHEREAS, said petition was signed by the owners of not less than three- fourths of the value of the territory to be annexed and that there are no registered voters residing within the boundaries of the territory to be annexed; and WHEREAS, such an annexation is provided for in SDCL 9-4-1 upon resolution of the Governing Body. NOW, THEREFORE, BE IT RESOLVED, by governing body of the City of Vermillion, South Dakota that the following territory described as: Marv Tract 1, in the E 1/2 of the SW 1/4 of Section 12, Township 92 North, Range 52 West of the 5th P.M., Clay County, South Dakota. is hereby included within the corporate limits of the City of Vermillion and the boundary of the City of Vermillion is hereby extended to include such territory. Dated at Vermillion, South Dakota this 19th day of May 2025.  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. G. Authorization to Notify Electric Cooperative of Intent to Serve Annexed Area (Marv Tract 1, in the E 1/2 of the SW 1/4 of Section 12, Township 92 North, Range 52 West of the 5th P.M., Clay County, South Dakota). Shane Griese, Utilities Manager, reported on the authorization to notify the electric cooperative of intent to serve annexed area. Shane stated the purpose of this authorization is to notify Clay-Union Electric Corporation (Clay Union) of the City’s intent to provide the annexed property with City electric service. This coincides with the previous agenda item to annex this portion of land into the City. This land is north of existing city limits. Shane noted by State law, if the City does not notify a rural electric cooperative within one year of annexation of its intent to serve the annexed area, the annexed area shall continue to be served by the rural electric cooperative. Shane stated the City has elected to serve all annexed areas since a 1992 State law changed the notification time to one year from annexation. The City is unaware of any Clay-Union Electric customers in the annexed area, and per State statute, the City will pay compensation for service rights equal to the sum of twenty-five percent (25%) of the gross revenues received from power sales to consumers of electric power within the annexed area. These revenue payments would not start until a City electric customer service is established in the area during the next eleven years. Shane noted the City would only be responsible for making lost revenue payments for a maximum of seven years for each new customer. Clay-Union Electric was notified via email on May 16, 2025, that this item would be on May 19th City Council Agenda. Chris Larson, Clay-Union Electric, stated that he received an email on Friday, May 16, 2025, from City Staff that the council would be considering this item. Chris stated that he thinks this was very hush hush. Chris went over how he disagrees with this service being removed from his service territory. Discussion followed on the process of taking over services. Council Member Jennewein moved approval to notify the electric cooperative of intent to serve an annexed area. Mayor Cole declared the motion died due to no second. 161-25 Council Member Jennewein moved approval of the Authorization to Notify Electric Cooperative of Intent to Serve Annexed Area (Marv Tract 1, in the E 1/2 of the SW 1/4 of Section 12, Township 92 North, Range 52 West of the 5th P.M., Clay County, South Dakota). Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. H. First Amendment to the South Dakota Internet Crimes Against Children Task Force Joint Powers Agreement. Crystal Brady, Police Chief, reported that the Internet Crimes Against Children (ICAC) Task Force program was established in 1998 by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) within the United States Department of Justice (DOJ). Crystal stated it was created in response to the increasing use of the internet by children and the rise of online child exploitation, including the proliferation of child sexual abuse material and online predators. The ICAC program aims to help state and local law enforcement agencies develop effective responses to technology-facilitated child exploitation and internet crimes against children. Crystal noted there were originally 12 ICAC task forces, but today there are 61 task forces, with at least one in every state. The ICAC Task Force in South Dakota was established in 2006. The lead agency is the SD DCI. They currently have 15 affiliate agencies in the state. In 2024, the SD DCI received 1,850 cyber tips. Crystal stated the SD DCI has asked the Vermillion Police Department to become an affiliate agency of ICAC. When the DCI ICAC Task Force receives a cyber tip involving Vermillion, it will be relayed to the detectives of the Vermillion Police Department to investigate that tip. This may require interviewing victims, witnesses, and/or suspects, and/or conducting search warrants to collect evidence. DCI will still assist with the investigations when needed. It is estimated that Vermillion has about 15 to 20 cyber tips a year. In order to become an ICAC affiliate agency, the Vermillion Police Department and the SD DCI must enter into a Joint Powers Agreement, along with the other affiliate agencies. 162-25 Council Member Holland moved approval of the First Amendment to the South Dakota Internet Crimes Against Children Task Force Joint Powers Agreement. Council Member Murra seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. I. Declare Lots 1-13 of Block 1 Jolley Addition, City of Vermillion, Clay County, South Dakota as Surplus. John Prescott, City Manager, reported on declaring Lots 1-13 of Block 1 Jolley Addition, City of Vermillion, Clay County, South Dakota as surplus. John noted that 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 an effort to address these housing needs, the City Council approved the Project Plan for TIF #8 on May 6, 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. John noted one goal of the property purchase and development is the building of affordable housing. Currently, Block 1, Lots 1 through 13 are zoned as part of the Jolley Planned Development District which limits the use of these lots to detached, single-family housing. John stated the process for selling municipal-owned land is governed by SDCL 6-13. To proceed with the sale of Lots 1-13, the following steps must be taken: the City Council must formally declare Lots 1-13 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. John noted 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. 163-25 Council Member Price moved approval of the Declare Lots 1-13 of Block 1 Jolley Addition, City of Vermillion, Clay County, South Dakota as Surplus. Council Member Cheeseman seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. J. First reading of Ordinance 1534 to Amend Title III, Administration; Chapter 30, City Council Adding Section 30.03, Budget Process. John Prescott, City Manager, reported on the First reading of Ordinance 1534 to Amend Title III, Administration; Chapter 30, City Council Adding Section 30.03, Budget Process. John stated South Dakota Codified Laws (SCDL) sections § 9-21-34 and 9-21-34.1 were enacted in 2021 for the purpose of providing municipalities with certain flexibilities with budget proceedings. John noted that SCDL § 9-21-34 allows a municipality to move the deadline for introducing the annual appropriation or budget as late as the first regular meeting of the governing board in November. SCDL § 9-21-34.1 says that if a municipality opts to move the budget deadlines, the provisions of § 9-21-20 do not apply. On or before October first, after notice and hearing the requested levies, the municipal finance officer shall certify the tax levies to the county auditor in the county where the municipality is situated. John stated the proposed change to the budget timeline was presented and discussed at the April 21, 2025, noon City Council meeting. John reported that the proposed ordinance would allow the City Council and Staff to have additional time to prepare, present, discuss, and adopt a budget. Adoption of the ordinance would not require the City Council to follow a different timeline but would provide the option to do so. A timeline for budget adoption will be needed either way so that outside agencies who submit funding requests are aware of deadlines, City Staff can work through the various processes and gather timely information to develop the budget, and the public is aware of the process so that they can participate as needed. One thing that doesn’t change is that the certification of the property tax levy must take place by October 1 of each year. John noted some of the advantages to having the budget process later in the year were: new Council members starting in July won’t have budget meeting the second month of their service, more sales tax data for the current year would be available to assist in creating estimates for the next year, more information on state laws taking effect each July 1st would be known, potentially better information on project costs for the current and next budget year, health insurance renewal costs for the next year may be available, and union negotiation information may be finalized. Some of the challenges to having the budget process later in the year were: more conflicts for the City Council members and community have the process during the school year, potentially limited time for special meetings with activities taking place in the fall, more holidays in the fall months vs. summer time, and more conferences that City Council members or Staff attend in the fall which might create conflicts. 164-25 Mayor Cole read the title to the above-mentioned ordinance and Council Member Holland moved adoption of the following resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1534 entitled An Ordinance Amending Title III, Administration; Chapter 30, City Council Adding Section 30.03, Budget Process 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 19th day of May, 2025 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 Price. 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. 9. Bid Openings - None 10. City Manager's Report A. John reported on one upcoming meeting before the next City Council meeting on June 2: • The Library Board meets on Wednesday, May 21 at 6:00 p.m. in the Kozak room at Library. B. John stated the Planning & Zoning Commission meets Wednesday, May 28 at 5:30 p.m. with the Clay County Planning Commission. The item on their agenda is to consider a zoning amendment to the Joint Jurisdiction Zoning Area regulations. The proposed amendment is to amend Chapter 6, Light Industrial District Permitted Uses definitions to include Train Car Repair and Maintenance Station. C. John noted City offices are closed next Monday, May 26, 2025, for Memorial Day. D. John reported that the City has received a $20,000 grant through ICMA & the Gates Foundation for an Economic Mobility and Opportunity Program to be developed this year. More information to come on this opportunity. E. John reported the City’s Historic Preservation Commission has been working on developing a website. The site is live and can be found at: www:vermillionhpc.org F. John stated a member of the Human Relations Commission resigned as they are relocating. Expression of Interest forms for the remaining two years of the term will be accepted through June 5, 2025. Anticipating that an appointment will be made at the June 16, 2025, City Council meeting. G. John noted a term is expiring on the Vermillion Housing Authority Board. Expression of Interest forms for a five-year term will be accepted through June 5, 2025. Anticipate that an appointment will be made at the June 16, 2025 City Council meeting. PAYROLL ADDITIONS AND CHANGES Administration: Maddilynn Lehman, $11.50/hr; Police: Dylan Deetz $20.04/hr, Jacob Hoffman $29.04/hr, Mariah Koenig $27.64/hr; Street: Bennett Schwenn $15.00/hr; Recreation: Allissa Britt $11.50/hr, Benjamin Green $35.00/game, Jaira Maligaya $35.00/game; Parks: Kelly Knutson $28.35/hr; Communications: Jenna Jones $24.40/hr; Clubhouse: Samuel Anderson $11.50/hr; Recycling: James Zimmerman $31.52/hr 11. Invoices Payable 165-25 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT $209.46 A & M SERVICES, INC UNIFORM CLEANING $152.40 AMAZON BUSINESS SUPPLIES $1,562.95 AMERIFLEX BASE/ADMIN FEES $185.95 A-OX WELDING SUPPLY CO CARBON DIOXIDE $2,859.71 ART RUSCH RE-TREE PROGRAM $200.00 AUTO VALUE PARTS $826.89 AVI SYSTEMS EQUIPMENT $7,143.49 AXON ENTERPRISE INC 16 TASER CERTIFICATIONS $69,600.00 BANNER ASSOCIATES, INC PROFESSIONAL SERVICES $82,376.75 BOMAR SOFT PLAYGROUNDS, INC POOL EDGE PAD $6,525.00 BOUND TREE MEDICAL, LLC SUPPLIES $1,903.54 BROADCASTER PRESS ADVERTISING $3,301.00 BUHLS CLEANERS MAT/MOP SERVICE $622.12 BUTLER MACHINERY CO. PARTS/LABOR $3,601.96 CALLAWAY GOLF MERCHANDISE $468.04 CANNON TECHNOLOGIES, INC WATER NODES $22,932.00 CASK & CORK MERCHANDISE $670.50 CENTRALSQUARE TECHNOLOGIES, LLC FIELD OPS SUBSCRIPTION $19,483.43 CENTURYLINK TELEPHONE $311.04 CHESTERMAN CO MERCHANDISE $340.25 CINTAS SUPPLIES $157.81 CITY OF VERMILLION APRIL 2025 LANDFILL $347.00 CLAY RURAL WATER SYSTEM WATER USAGE $188.80 CLAY UNION ELECTRIC CORP ELECTRICITY $1,960.96 CMOORE PIT SERVICE PORTA-POT RENTAL $950.00 CONTOUR SEATS INC SUPPLIES $171.00 CORE & MAIN LP MATERIALS $6,113.24 CORE-MARK MIDCONTINENT, INC MERCHANDISE $7,622.14 CRAFCO INC EQUIPMENT $80,147.40 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES $5,658.50 CRITEX LLC PARTS $756.97 D & G CONSTRUCTION JACK POWELL DEVELOPMENT $696,960.25 DAKOTA BEVERAGE MERCHANDISE $16,568.87 DAKOTA PC WAREHOUSE COMPUTER-J.P.CONFERENCE ROOM $431.95 DANKO EMERGENCY EQUIPMENT CO REPAIR/LABOR $1,313.76 DEZURIK INC PARTS $1,427.57 DUBOIS CHEMICALS SODA ASH $10,780.00 EBSCO SUBSCRIPTION RENEWALS $2,271.15 ECHO ELECTRIC SUPPLY SUPPLIES $2,036.32 ELECTRIC PUMP, INC SERVICE AGREEMENT $2,100.00 ELEVATE HEALTHCARE WARRANTY PLAN $1,584.60 FAST AUTO GLASS GLASS & INSTALLATION $1,360.00 FEDEX. SHIPPING $23.13 FROG CREEK WELDING REPAIRS $200.00 GALLS INCORPORATED UNIFORMS $512.70 GEOTEK ENGINEERING TESTING - JACK POWELL DEV. $3,592.50 GLOBAL DIST. MERCHANDISE $162.00 HARTINGTON TREE LLC TREES - BARSTOW PARK $800.00 HAUGER LAWN SERVICE MOWING/SPRAY WEEDS $81.00 HAWKINS INC CHEMICALS $2,970.70 HEIMAN FIRE EQUIPMENT SUPPLIES $243.05 HERC-U-LIFT EQUIPMENT $47,341.00 IMPERIAL SUPPLIES LLC SUPPLIES $256.80 INFO USA MARKETING INC DIRECTORY $415.00 INGRAM MATERIALS $462.75 INTERSTATE COMMERCIAL LAUNDRY, LLC YEARLY MAINTENANCE/REPAIRS $361.00 INTERSTATE POWER SYSTEMS, INC PROFESSIONAL SERVICES $220.89 ISTATE TRUCK CENTER PARTS $1,966.87 JETLINE SALES & SERVICE SUPPLIES $1,809.89 JOHN A CONKLING DIST. MERCHANDISE $9,310.50 JOHNSEN HEATING & COOLING PROFESSIONAL SERVICES $826.80 JOHNSON BROTHERS OF SD MERCHANDISE $22,474.03 JOHNSON CONTROLS SERVICE AGREEMENT $2,119.56 JONES FOOD CENTER SUPPLIES $179.32 K & M DETAILING PROFESSIONAL SERVICES $499.98 K & M TIRE TIRES $64.00 KAIROI, INC HPC WEBSITE $1,050.00 LAWSON PRODUCTS INC SUPPLIES $193.54 LOCATORS AND SUPPLIES, INC UNIFORMS $159.56 LOREN FISCHER DISPOSAL HAUL CARDBOARD $1,040.00 MAMMOTH SPORTS CONSTRUCTION LLC PICKLEBALL/TENNIS PROJECT $74,242.35 MARINA SEREDA RE-TREE PROGRAM $39.99 MATHESON TRI-GAS, INC MEDICAL OXYGEN $535.72 MIDAMERICAN GAS USAGE $5,507.41 MID-AMERICAN RESEARCH CHEMICAL SUPPLIES $335.54 MIDCONTINENT COMMUNICATIONS CABLE/INTERNET $332.21 MIDSTATES EQUIPMENT & SUPPLY MATERIALS $14,857.91 MIDWEST ALARM CO ALARM REPAIR $558.58 MIDWEST TURF & IRRIGATION PARTS $330.46 MIDWEST WHEEL COMPANIES SUPPLIES $500.62 MISSOURI RIVER ENERGY SERVICES UTILISMART FEES $33,378.96 MOTOROLA INC SUPPLIES $3,436.11 NATIONWIDE INSURANCE NOTARY RENEWALS $100.00 NCL OF WISCONSIN, INC CHEMICALS $776.09 NEBRASKA JOURNAL-LEADER ADVERTISING $36.75 NETSYS+ CERTIFICATE RENEWAL $615.00 NEW CENTURY FS FUEL $20,948.56 NICOLE MANNING REFUND SWIMMING LESSON FEE $23.00 NORTH CENTRAL WATER RESCUE SWIFTWATER RESCUE UNIT 1 $400.00 NRS FIREFIGHTER EQUIPMENT $1,394.20 NURSERY WHOLESALERS INC TREES $848.70 ODEYS INC SUPPLIES $634.95 O'REILLY AUTO PARTS PARTS $154.51 PCC, INC COMMISSION $6,398.65 PEPSI COLA OF SIOUXLAND MERCHANDISE $1,885.55 PING/KARSTEN MFG CORP MERCHANDISE $130.04 PPG ARCHITECTURAL FINISHED POOL PAINT $1,588.00 PRESSING MATTERS PROFESSIONAL SERVICES $744.00 PRESTO-X-COMPANY PEST CONTROL $90.00 QUILL SUPPLIES $110.32 REDI TOWING TOWING $600.00 REPUBLIC NATIONAL DISTRIBUTING CO. MERCHANDISE $9,530.73 RESCUE DIRECT SHERRILL INC SUPPLIES $425.79 RIVERSIDE HYDRAULICS & LABS INC PARTS $47.91 RUNNING SUPPLY, LLC SUPPLIES $2,233.53 SANFORD HEALTH SUPPLIES $133.81 SANFORD HEALTH OCCUPATIONAL MEDICINE TESTING $218.00 SD DENR LANDFILL OPERATIONS FEE $4,461.34 SD GOLF ASSOCIATION MEMBERSHIP $3,625.00 SD MUNICIPAL LEAGUE MEMBERSHIP DUES $70.00 SD SECRETARY OF STATE NOTARY FEES $60.00 SD SPECIAL OLYMPICS SUMMER GAMES SPONSORSHIP $2,500.00 SIDNEY ANGLIN REFUND TENNIS FEES $30.00 SOUTHEAST SOFTBALL ASSOC LEAGUE/TOURNAMENT FEES $230.00 SOUTHERN GLAZER'S OF SD MERCHANDISE $6,764.65 STAN HOUSTON EQPT CO MATERIALS $949.00 STAPLES BUSINESS CREDIT SUPPLIES $1,200.45 STOCKTON TOWING INC TOWING $300.00 T AND R ELECTRIC SUPPLIES $3,000.00 THE LUMBERYARD LLC SUPPLIES $24.43 THE SUPPLY CACHE FIREFIGHTER GEAR $411.85 THREAD & INK REC SHIRTS/HATS $326.25 TITAN MACHINERY-SIOUX FALLS PARTS $154.06 TITLEIST-ACUSHNET COMPANY MERCHANDISE $1,115.76 TLC PROPANE PROPANE $30.00 TNT SALES & SERVICE PARTS/LABOR $938.63 TRI-STATE GARAGE DOOR, INC PARTS/REPAIRS $2,680.00 TURNER PLUMBING PROFESSIONAL SERVICES $109.03 UPS SHIPPING $149.99 UPS STORE #6716 SHIPPING $184.36 US BANK ST. PAUL DEBT SERVICE PAYMENT $8,723.75 USPS-POC POSTAGE FOR METER $700.00 VAN DIEST SUPPLY CO SUPPLIES $2,814.20 VERIZON CONNECT FLEET USA LLC MONTHLY FEES $59.11 VERMEER HIGH PLAINS REPAIRS $903.66 VERMILLION ACE HARDWARE SUPPLIES $1,288.23 VERMILLION CPR CPR/AED $270.00 WALSH POLYGRAPH LLC BACKGROUND INVESTIGATION $800.00 WESCO DISTRIBUTION, INC SUPPLIES $2,880.00 YAMAHA MOTOR FINANCE CORP GOLF CARS/GPS LEASE $13,542.22 YANKTON DAILY PRESS & DAKOTAN ADVERTISING $65.00 YANKTON FIRE & SAFETY RECHARGE FIRE EXTINGUISHERS $360.00 ZIEGLER INC PARTS $1,280.18 ZIMCO SUPPLY CO SUPPLIES $3,586.00 Council Member Holland seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda - None 13. Adjourn 166-25 Council Member Murra moved to adjourn the Council Meeting at 7:17 p.m. Council Member Leber seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 19th day of May, 2025. 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 ___________.