[0:00] will come to order. Will you please call roll, Wendy?

[0:04] » Right. Cheeseman?

[0:07] » Here. >> Gilbertson?

[0:10] Halberg? >> Here.

[0:12] » Jennewine? >> Here.

[0:14] » Leaper? >> Here.

[0:15] » Lias?

[0:19] » Let's wait one moment cuz he should be here electronically, but there's a

[0:22] delay. >> Yep.

[0:25] Okay. Mura? >> Here.

[0:27] » Taller? Major O'Kelly?

[0:29] » Here. >> Will you please join me in the Pledge of

[0:32] Allegiance? >> I pledge allegiance to the flag of the

[0:37] United States of America and to the republic for which it stands, one nation

[0:42] under God, indivisible, with liberty and justice for all.

[0:47] » Thank you.

[0:50] Has everyone had a chance to read the minutes of the

[0:53] two meetings? And if so, any changes or uh

[1:00] revisions?

[1:03] If not, I would entertain a motion to approve these minutes as written.

[1:07] » Move approved. >> Second.

[1:09] » It's moved and seconded. All in favor say aye.

[1:12] Aye. All opposed, nay. Motion passes.

[1:17] Are there any additions or changes to the agenda?

[1:20] Oh, will you be able to hear me now? Okay. Are there any more

[1:23] additions or changes to the tonight's agenda?

[1:29] If not, then I would entertain a motion. Thank you very much. Is there a second?

[1:33] » Second. >> All in favor indicate by saying aye.

[1:36] Aye. All opposed, nay. The motion passes. The agenda is

[1:40] adopted. Are there any visitors to be heard

[1:42] tonight on any item not on the agenda?

[1:47] Seeing none, I will forego reading the rules for

[1:51] visitors.

[1:55] And we'll move right to a hearings. Uh, special daily wine and cider

[1:58] license. That is Nick. Thank you, Nick. >> Our Vermillion Cultural Association has

[2:04] submitted an application for a special daily wine and cider license for the

[2:07] 2026 Vermillion Vortex Film Festival. Uh, it'll be on Sat- Saturday, September

[2:12] 26th from 10:00 a.m. to 7:00 p.m. and Sunday, September 27th from 11:00 a.m.

[2:18] to 3:00 p.m. at the Pocket Park next to the Coyote Twin Theater, which is

[2:21] located at 10 East Main Street. This request is allow- is to allow attendees

[2:26] to enjoy drinking beverages in the Pocket Park.

[2:28] » [music] >> For any beverages served inside the

[2:30] theater, the Vermillion Cultural Association already has a malt beverage

[2:33] and wine license for the Coyote Twin Theater.

[2:36] Uh, the police chief's report states there have been no alcohol-related

[2:39] violations with this event in the past. A check of the Vermillion Police

[2:43] Department's record revealed no alcohol-related violations, and there

[2:46] are no felony convictions in South Dakota in reference to the applicants

[2:50] for this license. The police chief spoke with executive

[2:53] director Shannon Cole and discussed safety measures that will be in place to

[2:56] help mitigate any problems. And the city has received a 30-day- $30 per day

[3:00] license fee and the $20 advertising fee from the applicant for a total of $80.

[3:05] And administration recommends approval of the special daily wine and cider

[3:08] license for the 2026 Vermillion Vortex Film Festival event on September 26th

[3:14] and 27th at the Pocket Park next to the Coyote Twin Theater.

[3:18] » Thank you. Do any members of the public wish to comment on this item?

[3:24] No? How about up here? Any members of City Council have any questions for Dick

[3:28] or any comments on this request?

[3:32] » Move to approve. >> Second.

[3:33] » All in favor, indicate by saying aye. >> Aye.

[3:36] » All opposed, say nay. Motion passes. Thank you, Nick.

[3:43] And now, Shane, the application for the CDBG grant.

[3:46] » Thank you. Uh, so the city's taken steps to prepare the replacement of of 12-in

[3:50] water main that's along Cherry Street from Cottage Avenue to Plum Street. Uh,

[3:55] This will provide a benefit to the entire community as the section of water

[3:58] main is one of our main trunk lines for the water system. A preliminary

[4:02] engineering report or PER is being prepared by Banner Associates currently

[4:06] uh following City Council approval back on August 3rd. Um the PR will give us

[4:10] multiple options for the replacement of this water main. Uh the PR is required

[4:15] as part of an application for the Community Development Block Grant or the

[4:18] CDBG. Uh the replacement project has an

[4:21] estimated cost of $3,087,000 at the current time. Uh that does

[4:26] include engineering for the project. Uh staff would like to pursue grant

[4:30] funding to help reduce the potential cost and loans. If we get a loan, we

[4:34] have to repay that through through the rates. So, if we can get a grant, we can

[4:37] keep those rates lower. Uh so, that's kind of the reason to

[4:41] to pursue this. Uh the CDBG awards come from the federal housing and urban

[4:45] development funds provided to the states for community community improvements uh

[4:49] that will benefit low to moderate income uh individuals. Uh

[4:53] the city of Vermilion automatically qualifies for the CDV funding based on

[4:57] our community data. Uh back in 2025, GOED did raise the

[5:01] maximum grant award to $2,000,000. Uh SECOG, uh Sophie [clears throat]

[5:06] Johnson, who is here tonight, um has been assisting the city with the CDBG

[5:10] application process. Um right now, we plan to get that CDV application

[5:14] submitted by October 1st, and then uh the GOED consideration in the fourth

[5:18] quarter of 2026. Uh it's anticipated, if awarded and things move move on

[5:23] schedule, uh we could be getting bids in the next spring to summer and having the

[5:27] work being performed next summer. Uh a requirement of the CDV application

[5:32] process is to conduct public hearing to explain the project and to complete a

[5:36] community development housing needs assessment with public input um

[5:41] component. Following any public input on the project, we do ask that the City

[5:45] Council develop a community development and housing needs assessment. A draft

[5:49] document of that is assessment has been put together and is in the packet for

[5:54] you guys' review. So, following any public comment, we we ask that you take

[5:58] a look at that document and change it as you see fit.

[6:01] Uh to this point the cost is is just the

[6:04] advertisement fee for the notice of public hearing, which was $19.40.

[6:08] Um under the consent agenda, there are two resolutions. One of them is

[6:12] authorizing the application and financial assistance for the project and

[6:15] the authorizing the project certifying officer, uh which is said as city

[6:19] manager John Prescott. And if he is absent, then the mayor can fill in for

[6:23] that. Um the consent

[6:25] agenda also includes a resolution identifying residential

[6:29] anti-displacement and relocation plan, um which is required for the CDBG

[6:34] application. Uh the public hearing is an opportunity to explain the finances of

[6:38] the project, accept public input, and compile the community development

[6:41] housing needs assessment. Uh there is no need needed by the city council. Um

[6:45] happy to answer any questions, and if I can't, hopefully Sophie can. So.

[6:49] » Thank you very much. So, as I understand it, let me really clarify it, Shane. Uh

[6:54] so, the community development housing needs assessment,

[6:58] that's the the draft of that is attached. It's a relatively short

[7:00] document. It's not our recent housing study. It's nothing major like that.

[7:05] » references the recent housing study, but yeah, it's a pretty it's a pretty short

[7:08] document. >> Very good. And so, from us, you need

[7:12] you're just notice of notifying us you're going to have a public hearing on

[7:15] the subject. >> It was part of the public hearing. So,

[7:17] when we put that out, this was part of the public hearing. Yep.

[7:20] » Are there any members of the public who would speak about that? Ms. Johnson, did

[7:23] you want to speak? >> No.

[7:28] » Okay. No voters required, correct?

[7:31] » That's correct. >> Okay. Thank you very much, Shane.

[7:33] » Thank you.

[7:37] » All right, moving to the consent agenda. Uh

[7:40] to to to to Where is it? Where is it? Yeah.

[7:44] Any item listed on the consent agenda may be removed at the request of any

[7:47] single council member. Is there anything that you guys anybody

[7:51] would like to have removed from the consent agenda and removed to new

[7:55] business? It is a long consent agenda tonight.

[8:03] Hearing none, do I hear a motion to approve the consent agenda?

[8:07] » So moved. >> Is there a second to that motion?

[8:10] » Second. >> All in favor of of uh the approving the

[8:14] consent agenda to cable saying I. >> I.

[8:17] » I. >> Opposed to nay.

[8:19] Consent agenda is passed in total. Thank you very much.

[8:26] Old business. The second reading of ordinance 1564 for

[8:29] the cable franchise agreement with Midco. Okay, get ready. Get ready.

[8:33] » [laughter] >> So this is something that comes about

[8:37] back in 2016 we entered into a franchise agreement with Midco. It was a 10-year

[8:41] franchise agreement which is expiring this October. Provided with your last

[8:46] council packet and it's the same ordinance tonight there have not been

[8:49] any changes to it. We have an ordinance to extend the cable franchise for an

[8:54] additional 10 years. There are two changes from the 2016 document to this

[8:59] one. One is that previously or currently Midco is required to provide a rate card

[9:05] to the city every time there's a change in a rate that they

[9:08] for service that they offer. What the change does is it allows that to be

[9:12] continually posted on their website and which is probably where most customers

[9:15] are finding out what the rates are anyway, but this would change that in

[9:18] the language. And then um the other definition or other change is

[9:23] that there's no longer quote free service. Back in 2016 there was a number

[9:27] of facilities that were able to provide basic cable to as part of the franchise

[9:32] agreement. The FCC order 621 changed it and eliminated free service from being

[9:39] available. It's built differently. It comes out of franchise fee payments that

[9:43] the city would otherwise receive, but there's a cost for having that basic

[9:47] cable. So, those are the two changes that are recognized in the ordinance

[9:52] that we have before you. Otherwise, it continues on the 2016 agreement. As I

[9:56] noted, there've been no changes to this ordinance since the first reading at

[9:59] your last meeting. We'd recommend approval of ordinance 1569 to excuse me,

[10:04] 1564 to extend the cable franchise agreement with Mediacom for an

[10:08] additional 10 years. >> Thank you very much, John. Are there any

[10:11] members of the public who wish to speak about this franchise agreement?

[10:17] Daryl, did you need to speak about this? I see you're you're you read it, you're

[10:21] cool with it.

[10:25] Okay. Any members of the city council have

[10:28] comments, questions? Mediacom is here?

[10:32] Yes. >> So,

[10:34] I'm just [clears throat] curious about the Bluffs Golf Course.

[10:37] So, they because it's the TV is viewed publicly there, it

[10:41] can't be included in this rate. Is that what we talked about last time?

[10:44] » Right. So, that one we the other three buildings that we have it at now, it

[10:49] comes because those don't necessarily have public viewing open to the public.

[10:53] Those come out of the franchise fee payment.

[10:56] The golf course, since that's open for the public, we also have the golf

[11:00] channel there as you might guess. Those it's a different cable package.

[11:04] So, we do have that one is actually billed directly to the Bluffs versus

[11:07] coming out of the franchise fee payment.

[11:12] Yes.

[11:15] » [clears throat] >> Are there any other questions or

[11:17] comments about this franchise agreement? >> Move for approval.

[11:21] » Is there a second? All in favor, please indicate by saying

[11:24] aye. I'm sorry. I'm sorry, this is roll call.

[11:27] Thank you.

[12:20] » And we're just waiting more for Dave Myers to vote digitally.

[12:24] » Did Councilman Myers indicate how he's voting?

[12:28] » I vote I. >> Okay. So then I think you know, I do

[12:31] that. There you go. >> Thank you.

[12:33] I don't know if does it always show up here?

[12:35] » He'll put it up. That one should be okay.

[12:38] » He says absent.

[12:42] » I think you can >> You can abstain.

[12:52] » Very good. >> Here we go. It's almost there.

[12:57] » Yep. So it'll be other two are not

[13:00] » There we go. >> Yep.

[13:01] » All right. So by a vote of 7 to 0, we that is

[13:06] that is passed. Thank you very much.

[13:11] Uh next, special permit to exceed permissible noise level. Oh, sorry. I'm

[13:16] sorry. I'm in the wrong one. Sorry. I'm in the wrong one. Uh second reading

[13:18] ordinance 1573 for uh Blue Stem.

[13:23] » Thank you. Uh so the owner is planning to develop

[13:25] this area for residential uses. Their intent is to have some townhouses along

[13:29] the west and north and co-housing community in the south and the east. Um

[13:33] the first reading of this ordinance was considered by council back on August or

[13:37] 17th, I'm sorry. After discussion, council moved to advance the ordinance

[13:40] to the second reading. The vote was 9-0 in to advance.

[13:44] Uh there have been no changes to the ordinance since the first reading.

[13:47] Administration recommends approval of the second reading of ordinance 1573. A

[13:51] roll call vote is required for the second reading of an ordinance.

[13:55] » Thank you very much, Shane. Are there any members of the public that want to

[13:58] comment on this ordinance?

[14:02] Seeing none, any members of the city council have questions or comments or

[14:06] questions for Shane?

[14:10] Seeing none, I would entertain a motion to approve this ordinance.

[14:15] Is there a second? All in favor indicate by saying I.

[14:21] Oh, sorry. Roll call again. Roll call again.

[14:25] Second reading's roll call. Very good.

[14:31] And we're waiting again for Dave Lias.

[14:44] » My vote is I. >> Very good.

[14:50] Summary. Again, 7 to nothing in favor of this uh

[14:55] ordinance and it passes. I forgot where my gavel

[14:58] was. Very good. Thank you. That concludes old

[15:02] business. We'll move on to new business. Uh item A on new business, the Midco

[15:07] cable franchise annual report. Shawn and Alex.

[15:15] » Hello. My name is Alex Nelson. I'm the field operations manager for the Yankton

[15:19] and Vermillion area. Um I'm here with Shawn Dory, the GM of

[15:23] the Houston region here for South Dakota.

[15:25] Um, we're here to do our annual update for Vermillion. I do have some extra

[15:30] cheats here if you guys would like. Um, otherwise I can send these in an

[15:33] email as well. >> I I would like one. Thank you.

[15:39] » [clears throat]

[15:41] » Thank you very much.

[15:49] » Midco is committed to providing the best connectivity to the citizens of

[15:52] Vermillion, South Dakota with industry-leading customer support and

[15:55] our reliable, state-of-the-art fiber network.

[15:59] Um, we have some performance metrics for all of 2025 here.

[16:03] Um, Midco completed more than 2,049 truck rolls on various work order types

[16:08] in Vermillion. Uh, this includes installs, service changes, trouble

[16:12] calls, and what we call special request orders.

[16:15] Our first-time rate percentage in 2025 is 94%.

[16:20] FTR is a measurement specific to how often we complete a service visit to a

[16:23] customer and are not having to go back within 7 days.

[16:28] Our on-time arrival was also at 90 Excuse me, was was at 95% for 2025.

[16:34] On-time arrival captures the percentage of time that we arrive at a customer's

[16:38] home within the 15 minutes of their scheduled appointment time.

[16:42] Customer satisfaction score was 9.7 out of 10.

[16:46] Our CSAT score is the performance rating specific to the interaction with our

[16:50] technicians during a work order. Wait times, customers in Vermillion

[16:56] receive a service visit on average in less than 24 hours when calling for

[17:00] support and needing a technician. Customers receive install support on

[17:04] average within 4 days. This is specific for customers getting a

[17:08] new install or upgrading services. All of these performance metrics for

[17:13] Vermillion are in line with our company averages and associated goals.

[17:18] I then have a construction update for 2025 here.

[17:22] Um Midco extended our network to six new business accounts, one new 118-unit

[17:27] apartment building, the Clay County Law Enforcement Center, and 19 new lots.

[17:34] We completed 13,374 ft of new build and maintenance across

[17:38] 20 locations. Our total investment for all

[17:41] construction-related activities was $157,139.

[17:47] This does include a tower project south of Vermillion,

[17:51] um which is about 70,000 of those dollars.

[17:54] Oh, I do have the cost breakdowns below there for you.

[17:58] Um business at 118,000, new residential at 8,200, and

[18:02] maintenance at 30,000 of those. >> [snorts]

[18:06] » I also have on the back side of the sheet some of our community involvement,

[18:10] um that we took part in here 2025. Um we are committed to being a force for

[18:15] good in the communities we serve, and below are some of the specifics in

[18:19] 2025. Uh we did a USD football game sponsor

[18:23] September 20th of 2025. Uh we did the USD men's basketball Star

[18:28] Wars night. Um we also sponsored the Vermillion

[18:32] Chamber Annual Banquet. Um if you go other sponsorships here, we

[18:36] have the USD Coyote Sports Properties, USD Coyote post season, and the

[18:42] Vermillion Chamber Annual Banquet, which is season on there twice now.

[18:47] Um we also had a grant for the Boys & Girls Club of Vermillion, which we did

[18:50] again this year, which is a great. Um and then we did a donation for the

[18:55] Vermillion Chamber Golf. And that is what I have. Is there any

[18:59] questions on anything? >> Well, first of all, I want to thank you

[19:02] and Shawn for coming. I appreciate that you scheduling the the time this this

[19:05] evening. You could be anywhere else. So, thank you for coming. And actually,

[19:09] thank you for totaling this thing up. The the quality

[19:13] assurance numbers are really very impressive. So,

[19:15] thank you. Does anybody here have any Does any member of the public have any

[19:19] questions for Shawn or Alex? Dick, you No, no. I don't see anybody

[19:23] there. Anybody up here have any questions for Shawn or Alex about field

[19:26] operations of Vermilion. Yes.

[19:29] » I just want to thank you for your community involvement. I think that's

[19:33] one of the key elements of a company that needs to be

[19:36] thoroughly aware of is the community involvement and

[19:38] investment. >> Mhm.

[19:39] Absolutely. >> Absolutely. We We plan on doing more.

[19:43] » Good. Well, thank you very much. I appreciate you coming.

[19:47] I'm sorry. We have one more up here. >> Yeah, cool.

[19:50] » Um [clears throat] I just want to make sure that you all feel comfortable with

[19:53] the development that we have going on and that you feel properly communicated

[19:57] with, that you know, you sort of know where we are expanding to and that you

[20:01] are ready and prepared to provide services to those new and upcoming

[20:05] areas. >> Yes, we actually do have a construction

[20:09] technician here in town that does go to these new new builds, these new projects

[20:14] and is going to scout them out and talk with everyone on site to make sure

[20:17] that they're aware we're around.

[20:21] But, we can if you need to, I can leave business cards if someone

[20:26] needs to get that information to them. >> Okay.

[20:28] I'm sorry. I was a little little abrupt there. Did Did Did anybody else have a

[20:31] question for the uh Mid-Co representatives?

[20:37] Okay. Last chance. Thank you very much. >> much, Shawn.

[20:39] » Thank you.

[20:44] All right. Um

[20:46] There we go. Sorry. There we go. Uh Nick, special permit to

[20:50] exceed permissible noise levels at the Bunnyans.

[20:54] » Uh Bunnyans has applied for a special permit to exceed allowable noise levels

[20:57] for a live band event at 1201 West Main Street on Saturday, October 3rd from

[21:02] 12:00 p.m. to midnight. After discussing with the applicant, the

[21:05] live country band will be located at in Bunny's parking lot in the southeast

[21:09] corner. The applicant also stated the hours for requested noise permit is for

[21:13] 5:00 p.m. to midnight, but the actual event will take place from 5:00 p.m. to

[21:16] 11:00 p.m. The additional hours for cleanup, cleaning the parking lot, and

[21:20] ensuring attendees leave safely and respectfully. The applicant has also

[21:25] been in contact with neighbors to make them aware of the event.

[21:29] Uh the city council will need to determine if the event is in a suitable

[21:31] location with appropriate facilities during the allowable time, and if the

[21:35] applicant can demonstrate the public benefit of the event.

[21:38] The organizers of the event have already paid the $25 fee, and administration

[21:43] recommends approval of the special noise permit.

[21:47] » Thank you very much. I can see that there are no members of the public

[21:50] wishing wishing to comment on this. Uh

[21:53] but I I had a question. I don't always read all of the small

[21:57] print, but it says here that sound level measurements shall be made a distance of

[22:01] the property affected by the noise. Do we have a provision to make those sound

[22:05] measurements? >> A visual?

[22:08] » Do we have a It says that sound level measurements shall be

[22:11] made at a distance of blah blah blah.

[22:15] And I don't know that we have a plan to do so.

[22:18] » So, as part of their application, they submitted

[22:24] See if that helps any. >> [music]

[22:29] » They submitted what their um right, their measurements would be at 50

[22:33] 100 150 ft 200 ft. Um I believe that is

[22:37] taken from the company that they're working with to do this. But, as far as

[22:41] measuring it, I believe the police department has

[22:44] quote the noise measuring device. There's probably a name for it, more

[22:47] scientific than that. >> Audiometer.

[22:49] » There you go. >> So, if there were a complaint, the

[22:51] police would be all over it. >> I do

[22:57] So, like by the way, I wish [clears throat] they were here. I really

[22:59] like their note to two They said, "Please grant us some grace."

[23:02] Did you guys read that? I thought it was well-written well-written letter. You

[23:06] know, a little patience, kindness. I mean, I think that's a that's a good way

[23:09] to approach your neighbors when you're going to be having an outdoor event.

[23:14] Anybody have any questions or comments about the

[23:17] D Days um concert at Bunyan's?

[23:24] I will entertain a motion to approve this uh special noise permit.

[23:29] » So moved. >> Is there a second?

[23:31] » Second. >> All in favor of approving this noise

[23:34] uh this noise sorry, the special noise permit, indicate by saying I.

[23:38] » I. >> Opposed, say nay.

[23:41] Passes. Thank you very much, Nick.

[23:45] All right, a couple of John Prescott things here, I believe. Let me do at

[23:48] least one resolution establishing a fee for for the Take it away, John.

[23:53] » Okay. So, annually the City Council is asked to establish the property tax levy

[23:58] for the upcoming year. Um this has been It's a little bit different this year.

[24:02] Historically, with our previous budget process, it was the last couple of lines

[24:06] on your appropriations ordinance. With the change that we have this year, it's

[24:10] a separate ordinance because you'll actually adopt that ordinance with your

[24:13] appropriation line items later this year. But, the ability for you as a City

[24:18] Council to really change the the property tax levy is

[24:22] really pretty much dictated by state statute anymore. So, on your calculation

[24:27] there, you'll see couple of different numbers. The previously certified amount

[24:30] that's listed, a growth factor is determined, a

[24:33] percentage 1.8 in this case, and the state also then determines a consumer

[24:37] price index factor. In this case, it's 2 and 1/2%.

[24:41] Uh you can see that uh the calculations on the front page. Uh if you put all

[24:45] those numbers together, the property tax levy

[24:48] uh for the city would come to $3,501,918.

[24:53] Uh that's what uh the numbers appear to be at this point in time. What we have

[24:58] done in the ordinance that's attached is proposed that we include a number of

[25:02] 3,510,000. The county is still kind of uh

[25:06] tweaking and fine-tuning those numbers. And so, uh this gives us if that number

[25:11] comes out to be a little bit higher than the one in the front page, it allows us

[25:14] to go up to 3,510,000. It is based on the numbers that the

[25:19] county has in the formula that's on the front page. So, it's not that we're

[25:23] taking or asking for additional funding. It's based in the county's final numbers

[25:26] that are applied there. So, uh we would recommend that ordinance 1574

[25:31] uh be advanced to second reading at your next meeting.

[25:38] » That's clearly uh Do those of you who've been through this process in previous

[25:42] years, do you have any comments or questions

[25:45] for John?

[25:49] This is a totally standard thing, you old-timers, long-termers,

[25:52] annual. Okay.

[25:55] Very good. Well, then I I would entertain motion to approve this uh

[25:58] ordinance. >> I'll move it.

[25:59] » Oh, you'd move it. Thank you very much, Mike. Is there a second? I'll second the

[26:02] motion. Seconded. All in favor, indicate by saying "Aye."

[26:05] » Aye. >> Opposed, say "Nay."

[26:08] Passes. Thank you very much.

[26:12] Uh the next one is the resolution establishing uh a fee for the curfew.

[26:17] That's for you, Alex. >> Thank you. So, I actually have

[26:20] » I'm sorry. Let me interrupt. Have we Has Has Dave been voting on these items as

[26:24] well? He has. Thank you very much. I forgot to ask.

[26:27] Take it away, please, Alex. >> Um I actually have one memo for Sorry,

[26:31] feedback. For two items for no- noise violations and for curfew violations. I

[26:36] just put it in one memo, otherwise I'm just repeating the same thing over

[26:39] again. But, um currently, if either um if an

[26:43] individual is found in violation of either uh section of city code, the

[26:47] police officers would uh need to set a mandatory court appearance in order to

[26:53] I guess limit costs associated with that and instead of having the city attorney

[26:57] go to court, assign a fine, and then have the judge determine

[27:02] if that individual is guilty, uh the police department suggested creating

[27:05] these resolutions to make it a bit easier on them.

[27:08] Um it helps remove that mandatory court appearance for our city attorney and

[27:13] then any other associated costs. Um Chief Brady did some research for the

[27:18] fees. Um for noises prohibited, she found that it

[27:22] is similar to a disorderly conduct and we currently charge $54 for that plus

[27:26] court fees. Um so she felt that with it being a similar offense that $54 would

[27:31] be um

[27:33] reasonable to charge for that violation. And then with curfew, uh she had done

[27:37] some research and also found that um curfew is not as

[27:41] um serious of an of an offense and that it should be about $25 less, which is

[27:46] why she um recommended the $29 plus court fees.

[27:50] Um she also believed that would be a reasonable cost associated with that

[27:53] offense. Um revenue from these fines would be placed in the general fund. Um

[27:58] administration recommends approval of the new fees for section 90-01 noises

[28:02] prohibited and section 130-02 curfew as shown in the attached resolutions. Um a

[28:07] separate motion would be uh is suggested by the city attorney for each

[28:11] resolution.

[28:18] » These often Do we Do we find people for these violations often? This is a

[28:22] frequent event for us. >> I would say it's frequent enough that

[28:26] it's become kind of a nuisance for them to try and figure out how to make it

[28:31] less of a burden for lack of a better words than trying to make sure that

[28:36] all of the I guess everyone receives a similar

[28:40] um fine for each offense. >> Sure. It happens enough they need to

[28:44] have a process. I I have a question. Uh perhaps John

[28:47] knows. I didn't know we had a curfew when I

[28:50] read this. What is What is a curfew violation?

[28:53] If I walk down to the gas station at 4:00 in the morning, am I in violation

[28:56] of a curfew? >> No, because I believe it is based on

[29:00] age. >> Minors.

[29:01] » Oh, it's minors. Minors. Oh. Okay, not that I'm walking down at 4:00

[29:06] in the morning. [laughter] So, it's minors being out at night after a

[29:09] certain hour. Yes, Julia. >> I actually had the same thought and I

[29:14] was pretty surprised to read, you know, that 17-year-olds are not allowed to be

[29:18] outside after 10:00 p.m. Um to loiter, idle, wander, stroll, or play in and

[29:25] upon the public streets, highways, roads, alleys, parks, playgrounds, and

[29:28] other public grounds, public spaces, and public building,

[29:31] place of amusement or entertainment, vacant lots, or other unsupervised

[29:35] places um between 10:00 and 6:00. Um and so, I

[29:39] actually was kind of surprised again that it includes those over age 15 up to

[29:44] age 17. Um because I do think that sometimes we have um you know, they have

[29:48] events. Um we have a you know, after prom and all of those kinds of things.

[29:54] Um and so, while technically that the curfew item is not the item that we're

[29:58] considering, it is simply to move it to um a fee-based schedule. Um

[30:04] again, I was pretty shocked to to read that we have this, especially in an area

[30:08] where um our teenage children are able to drive and

[30:14] sometimes live outside of city limits. Um and so, might take some time to to

[30:19] get home and so, like um

[30:22] I I would be in favor of considering this further and and hearing some more

[30:25] public comment on this, but um that is outside of the scope of the

[30:29] question at hand right now.

[30:33] » Very good. I think it probably is worth revisiting sometime in the future. That

[30:37] That'd be We'll We'll throw that on John's plate. He's making notes about it

[30:40] right now. Uh very good. So, uh, thank you, Alex.

[30:44] Do you have any other comments? No, thank you very much, we'll see you.

[30:47] » I actually do have a related question on the

[30:50] um, curfew code. It says that

[30:54] section two is about the responsibility of the parents. So, I assume that this,

[31:00] um, that

[31:02] the proposed fee would be on the minor and not on the parent or can it be

[31:07] either? Or what who would be subject to this fee?

[31:14] » I I guess the the starting point is the violation of the minor being out as to

[31:20] who they assess the fee to. I I'd have to look a little closer, but normally

[31:24] the parent is practical matter the parent pays it unless the

[31:28] you know, that that's just the re- you know, in my

[31:31] experience with curfew violations and I just recently, Mary, you'd asked a

[31:34] question earlier, there um, there have been a number of citations I've seen,

[31:39] uh, for curfew violations and I don't know if it's summer months. Uh, maybe

[31:44] you have more of that and quite frankly, it's more of an a group thing. You know,

[31:48] if you and and I suspect that the police department, uh, to your question is

[31:53] somebody's coming to or from a sporting event and has their gear in the car, I

[31:57] suspect that's not a curfew violation. But, if that's not in the exception

[32:02] list, it should be.

[32:06] » I I'm just a little confused on the on the proposed fine and proposed total

[32:10] cost. I know we add up the 7250 plus a fine,

[32:14] that's the total cost. But, even though it's been 6 years since

[32:18] the state changed it for some reason they change maybe I change this all

[32:20] again. So, I I'm confused. To me, it's

[32:24] confusing. I I like the idea of a $54 plus court

[32:28] costs cuz if that changes, that changes, but

[32:32] by telling it automatically, it's 126.50.

[32:37] If the court changes, then again we're going to mess a few dollars, but it's

[32:40] not that big of a deal. I just I just thought this We've got two things to say

[32:44] both say proposed. >> Um within each resolution it does say um

[32:49] shall be $54 plus court fees and then $29 plus court fees. So within the

[32:54] within the resolutions themselves they do just say plus court fees.

[32:58] » So the right hand one where it says 126 that's not going to be on the

[33:02] » No, that won't That won't be on the resolution. That's just so you guys can

[33:05] know what the total cost would be with the court fees.

[33:15] » fees. Very good. Hearing none, I would

[33:18] entertain a motion to approve the new fee structure for section 90.01.

[33:24] » So moved. >> So moved. Is there a second? I'm sorry,

[33:26] did you have a further comment? Did I go too fast again?

[33:28] » want to make sure are we voting on both of these simultaneously or we doing them

[33:32] separately? >> Separate.

[33:34] » We'll do it separately. I'm sorry. I I'm sorry I We can't jump

[33:38] all together. Let's talk about the noises first.

[33:41] 90.01 noises. Uh do we have a motion and we have a second? Do we have

[33:46] a second on that one? >> Second.

[33:48] » All in favor of that please say I. >> I.

[33:50] » All opposed nay. 90.01 passes. Now the curfew is 130.02. We'll take

[33:56] that separately. Does anybody have any comments? We I

[33:59] Mike you moved approval. Is there a second?

[34:02] » Second. >> All in favor of uh this one please The

[34:05] clerk is saying I. >> I.

[34:06] » Opposed nay. One nay. Okay, thank you. Did you catch

[34:10] that Alex? We had a nay. And then Randy. Thank you.

[34:17] All right. So the first reading of proposed ordinance 1575

[34:21] to on the traffic code uh to talk about parking. I'm sorry, talk about motorized

[34:27] foot scooters. >> Motorized foot scooters.

[34:30] » Thank you. Our police department had been reviewing um some of our code

[34:34] regarding scooters and when they were reviewing it, they discovered that the

[34:37] definition for motorized scoot foot motorized foot scooter was incorrect.

[34:42] Currently, a section of that definition reads that has more that has more than

[34:47] two 12-in or smaller diameter wheels instead of saying that it should say

[34:51] that has no more than two 12-in or smaller diameter wheels. We just need to

[34:56] add in the word no. Um so, adoption of the ordinance will

[34:59] only involve publication costs. Administration recommends that the City

[35:02] Council advance ordinance 1575 to a second reading on September 21st.

[35:09] » That seems very straightforward. It's a typo the first time. You just

[35:12] forgot to put the word no in there. Any other questions about the 2 and

[35:16] 1/2-in wheels? No more smaller than 2 and 1/2-in.

[35:20] No more than could be replaced with smaller than. You just for future you

[35:25] say.

[35:28] Nobody has any questions. I would entertain a motion to approve this

[35:31] change to ordinance 1575. >> So moved.

[35:34] » Is there a second? >> Second.

[35:36] » All in favor indicate by saying aye. >> Aye.

[35:38] » Opposed nay. Motion passes.

[35:43] All right. The no bid openings. We'll move right to the city manager's report.

[35:47] » All right. Just like everything else, I have a long list or like the consent

[35:50] agenda. So, uh just couple of upcoming meetings uh before your next City

[35:54] Council meeting on September 21st. Uh the Historic Preservation Commission

[35:58] meets tomorrow at 9:00 a.m. in the Powell Conference Room here and the

[36:02] second floor of City Hall. And the Library Board meets uh next Wednesday,

[36:05] September 16th at 6:00 p.m. at the library.

[36:09] Um the Planning and Zoning Commission, they're meeting next Monday, September

[36:12] 14th. That's at 5:30 p.m. here in the City Council Chambers. Uh they have two

[36:17] items on their agenda. One is a rezoning request. The rezoning request is from R1

[36:22] to R3. And this is the uh Nelson property uh that runs basically from the

[36:27] west side of North University over to the Dakota Dome. You have the USD tennis

[36:31] courts to the north and the um uh Coyote Village property uh to the

[36:36] south. So, that rezoning request is from R1 to R3 zoning. Uh the second item on

[36:42] the agenda is the continued uh community discussion on the data data center

[36:46] ordinances. So, they'll be continuing that discussion. I would note the

[36:50] September 14th school board meeting is going to be at the Vermillion High

[36:54] School next Monday the 14th, so we won't have that conflict um here between the

[36:58] planning zoning commission and the school board.

[37:01] Uh speaking of boards, we do have a couple of boards or commissions that

[37:04] have seats that are open. Our Human Relations Commission, we have a 1-year

[37:08] term uh for post-secondary uh student. That term remains open. Our Business

[37:13] Improvement District, it's a 3-year term for This seat needs to be filled by an

[37:17] owner or manager of a lodging property. Uh that term is available. And then the

[37:22] Vermillion Housing Authority has a a 5-year term that's available on that

[37:26] board as well. And then we're going to be starting the process um to fill seats

[37:30] that are expiring on Business Improvement District number one,

[37:33] Business Improvement District number two, and the Tree Board.

[37:37] Uh two recent uh plats that have been administratively

[37:41] approved uh in the recent weeks. One is lots 10A,

[37:46] 11A, 13A of Block 23 Van Meter Addition. Um that's 900 block of West Main Street.

[37:53] Uh the other one is Tracts 1, 2, and 3 Pioneer Addition. That's on the 700

[37:57] block of West Broadway. Included, it is raffle season. In your

[38:01] packet, were uh four different raffles. And so, I'll just kind of note those so

[38:05] we can get those included in the minutes. Uh the Vermillion Pink Ladies,

[38:09] they are selling $5 raffle tickets September 19th to April 3rd of next

[38:13] year. This is to raise funds to assist individuals and families that are

[38:16] battling cancer. The first, second, and third place prizes are $500, $250, and

[38:22] $100. Um the balance of these funds are used to help provide the assistance.

[38:26] Uh the Vermillion After Prom Committee had two raffle notifications that were

[38:30] part of your packet. Their first raffle notification, uh they're selling uh

[38:33] tickets at You can buy one ticket for $10, three tickets for $25, or five for

[38:38] $40. Uh they'll be sold those September 30th to October 20th of this year. The

[38:43] prize is two tickets to the USD University of Minnesota volleyball match

[38:48] at the Sanford Pentagon, and also includes a stay at the Grand Falls

[38:51] Hotel. Value is approximately $350, and the proceeds will be used to support the

[38:56] after prom event. The other raffle for Vermillion After

[38:59] Prom Committee, they're selling tickets again a dollar one ticket for $10, three

[39:03] tickets for $25, or five for $40. Those tickets are sold August 27th to

[39:08] September 11th of this year. Uh so, time's running out on that one.

[39:12] The prize is four tickets to the USD SDSU football game in Brookings on

[39:16] Saturday, October 31st. And again, the proceeds from this raffle will be used

[39:20] to support the after prom event. The final raffle notification is uh St.

[39:24] Agnes is selling $1 raffle tickets as part of their fall festival. Tickets

[39:28] will be sold September 26th until the drawing on October 19th. And the top

[39:32] prize is $500, and the proceeds go to St. St. Agnes Church for general use.

[39:38] That's all that I have, Mayor. >> Thank you.

[39:48] well attended. The two issues that are up there are very uh popular, both the

[39:53] uh Nelson property is going to be there

[39:57] University's going to be there, and and uh and also the uh definitions for the

[40:03] um data center issues is up there. So,

[40:05] there could be a quorum attending that meeting as there was a month ago when

[40:10] they first started considering data centers. Just a heads-up on that in that

[40:13] regard. Also, next meeting on the 21st, the SGA

[40:19] student rep will be here. We might want to mention privately to her that we have

[40:23] an opening on the human human relations commission. Perhaps she

[40:26] can help us fill that spot.

[40:29] » I already emailed Don about that. >> Oh, you did, huh? Okay, brilliant. You

[40:32] know, great minds think alike. Okay. Very good. Thank you very much.

[40:36] Um and then the library board, how's that going? Are you

[40:39] » Magnificent. >> Fantastic. Thank you very much. That's

[40:42] one of the more busy boards we have. So, thank you for taking that on. Thank you

[40:45] for taking that on. All right. And if there's nothing else,

[40:50] I would entertain a motion. Yes, Mike. >> I have just one question that is

[40:54] probably not going to be very popular. The planning and zoning commission now

[40:59] has had two meetings over this data center.

[41:03] And pretty much everybody is saying the same thing from what I gather over and

[41:06] over and over again. How long do they have to keep going

[41:10] before they have can move on that or have to move on that?

[41:14] To me, I know everybody gets their voice.

[41:17] That's the That's a great thing about being in a living in America. But at

[41:21] some point, we have to move on.

[41:25] » So, I I believe the plan at this point in time

[41:29] and I don't I mean to box in the planning and zoning commission, but my

[41:32] understanding is that they are going to 1565 is the first ordinance and that was

[41:38] the definitions. That they're going to I believe start with 1566

[41:44] because that hasn't really had the same discussion as the first two had and then

[41:49] work their way through that. Staff has prepared some

[41:53] updated information for 1565, the definition one definition ordinance. So,

[41:59] if they're able to present that that they will. So, they're

[42:03] they're having that, you know, discussion, they're working through

[42:05] those. I would envision they'll be

[42:10] I would have to say at least one more meeting because I would anticipate 1565

[42:15] staff is ready to bring back some changes based on what was heard at the

[42:18] previous meetings. The other five ordinances haven't really had that

[42:23] same level of review. I'm anticipating at least something is going to change in

[42:26] those. And so then staff would prepare those changes with the

[42:31] discussion that they had and bring those back. Um so

[42:35] there's not a limit to how many times it can be discussed, but I would envision

[42:39] there's at least two more meetings before they would be looking at voting

[42:42] on them. That'd be my guess. >> Okay. I'm just curious cuz you know as

[42:48] well as I do, the room's going to be full of people and they're all going to

[42:51] get up and say no, no, no and there'll be one or two that'll say yes.

[42:56] But when I was here at the first one, a lot of stuff was repeated.

[43:00] And I just feel that if something needs to

[43:04] happen, needs to either move on with it or just forget it. That's what that's my

[43:08] opinion right now, so. And like I say, I'm probably going to get run through

[43:13] the mill on this, but that's how I feel right now.

[43:22] » A lot of committees have the same issue the same procedure we have, you know,

[43:26] you're allowed 3 minutes or 5 minutes and they'll 100 people will go up there

[43:29] and talk for 5 minutes and that you're here till 3:00 in the morning. That has

[43:33] happened cuz that's written into our code. Yes, Julia. You

[43:37] » I wonder if it's allowable, but um I know that I was at a

[43:41] library board meeting where it was same kind of thing, the sentiments were

[43:44] really high and everybody wanted to have their voice heard. And what they decided

[43:48] to do was to do either a poll sort of show of hands of who has this opinion or

[43:55] a a written statement so everyone could feel like they had expressed their

[43:59] preferences even if they did not speak for a full 5 minutes. And so I'm not

[44:03] sure if maybe we can explore some of those legal options for input that we

[44:07] can offer to the planning and zoning commission as sort of way to

[44:12] facilitate and expedite the meetings without shutting people out.

[44:17] » Trust me, the last thing I want to do is not have people their voices heard.

[44:22] Please understand that. But, I just feel that there there's got to be and I agree

[44:27] with you, there has to be a better way than sitting here and having the same

[44:31] thing over and over and over and over for 2 to 3 hours every time.

[44:35] » Yep. >> Um

[44:37] I'm just kind of I'm looking out for the planning and

[44:40] zoning commission kind of from my angle of it that they've heard this now twice

[44:45] or three times. It's going to be probably two to three more times and the

[44:48] rooms are going to be full with the same people saying the same stuff over and

[44:52] over and over again. I just

[44:56] wish there was a way to streamline it for them.

[44:58] » Yeah. I'm glad you brought that up because our

[45:02] our agenda says that public speakers have 5 minutes to speak. They don't have

[45:06] that in the planning and zoning commission

[45:08] agenda. So, if you can advise we we have a good chair in the planning

[45:13] and zoning of Matt Fairholm. He's very competent. And if you have suggestions

[45:18] on how he can streamline a meeting in which 100 people have say want to say

[45:23] exactly the same thing. I don't want the public voice to be a tool to stifle the

[45:29] planning and zoning commission. I want to know what they have to say, but I

[45:32] don't want them to be obstructive to the process. If you can throw out some

[45:35] suggestions and we'll forward them to Matt Fairholm.

[45:39] » Thank you very much, Mike.

[45:42] Is there anything else for the good of the order?

[45:45] » Yes. >> So,

[45:46] as during one of our zoning meetings

[46:11] » No.

[46:14] John, about the Human Relations Commission meetings, and it wasn't so

[46:18] horrible when you gave us that two or three months ago. The The meetings were

[46:22] like three out of the four meetings had

[46:24] occurred. You gave us [clears throat] a summary.

[46:27] » So, yeah, I think the one I Speaking of the last time they had a quorum, so they

[46:32] have a a meeting typically on the first Thursday of the month. The last time

[46:37] that they were able to have a quorum was their May meeting.

[46:39] » Okay. >> Um June, July, August, and September,

[46:42] they've not been able to establish a quorum.

[46:44] » Oh. >> And it's

[46:46] it rotates, and it's not the same member gone each time.

[46:51] It's It's they just have uh not been able to put together four members out of

[46:55] the seven. And as I noted, the one has never been filled, but they still have

[46:59] to four members to have a quorum. And so, they're trying to get four out of

[47:03] six, and um they have uh struggled since May to have

[47:08] four people present. >> I see.

[47:10] So, what do you suggest, Gary? >> I think we need to find a time when they

[47:13] can meet. >> Maybe it's the time that they're

[47:16] selecting? >> Um due to D-Day's being the week of

[47:21] their October meeting, they did adjust their October meeting date to a

[47:24] September 29th. So, we do have a quorum set for that date, so

[47:29] hopefully we're able to all meet, nothing else pops up. Um a lot of times

[47:32] it's just sick kid, or if they're sick themselves, or they're caring for a sick

[47:36] kid. It's just been a couple of things that just have

[47:40] snowballed together that usually don't happen. They're usually really good

[47:44] about meeting. It's just been a weird summer for them.

[47:47] » Is there a possibility of doing as we were doing with Dave Lias, having them

[47:51] come in by Zoom? If I got a sick kid, maybe I can Zoom in.

[47:54] Is that a possibility for these meetings? I don't know where they're

[47:55] held. >> They're held in the pal the pal

[47:59] conference room. They were in a different room. They moved back to pal.

[48:02] Um it's I don't know that that would have

[48:05] helped. It was just different commitments have kept them from it. Um

[48:08] one um had a a youth activity sports

[48:12] activity that they were at. So it wouldn't have been feasible for them to

[48:15] participate. One couple months ago had um the community theater practice. And

[48:19] so it's been just a series of different things.

[48:24] » Well, I can see how awkward it would be to fill the student position during the

[48:27] summer. They're not here. They're not here at all. So I can I can understand

[48:30] during the summer. So maybe we'll Do you attend those meetings, Alex? Do

[48:34] you So if you can mention there's a concern about lack of meetings and

[48:39] recommit. And we'll see how we'll see how it goes.

[48:42] We'll track it. We'll keep tracking it.

[48:45] Anyway, thank you very much, John. Thank Alex.

[48:49] If there's nothing else, I would entertain a motion to adjourn.

[48:52] » So moved. >> All in favor?

[48:54] » Aye. >> No second needed. No second needed.

[48:58] We're adjourned. >> Thank you.

[49:00] » You but I forgot. >> Eight years.

[49:02] » [laughter]

2026-09-17 City Council

Transcript