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will come to order. Will you please call
roll, Wendy?

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» Right.
Cheeseman?

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00:00:07,240 --> 00:00:11,640
» Here.
>> Gilbertson?

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Halberg?
>> Here.

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» Jennewine?
>> Here.

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00:00:14,280 --> 00:00:18,520
» Leaper?
>> Here.

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» Lias?

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» Let's wait one moment cuz he should be
here electronically, but there's a

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00:00:22,920 --> 00:00:26,960
delay.
>> Yep.

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Okay. Mura?
>> Here.

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00:00:27,400 --> 00:00:31,160
» Taller?
Major O'Kelly?

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» Here.
>> Will you please join me in the Pledge of

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Allegiance?
>> I pledge allegiance to the flag of the

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United States of America and to the
republic for which it stands, one nation

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under God, indivisible, with liberty and
justice for all.

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» Thank you.

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Has everyone had a chance to read the
minutes of the

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two meetings?
And if so, any changes or uh

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revisions?

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If not, I would entertain a motion to
approve these minutes as written.

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» Move approved.
>> Second.

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» It's moved and seconded. All in favor
say aye.

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Aye. All opposed, nay.
Motion passes.

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Are there any additions or changes to
the agenda?

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Oh, will you be able to hear me now?
Okay. Are there any more

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additions or changes to the tonight's
agenda?

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If not, then I would entertain a motion.
Thank you very much. Is there a second?

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» Second.
>> All in favor indicate by saying aye.

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Aye. All opposed, nay.
The motion passes. The agenda is

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adopted.
Are there any visitors to be heard

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tonight on any item not on the agenda?

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Seeing none, I will forego reading the
rules for

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visitors.

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And we'll move right to a hearings.
Uh, special daily wine and cider

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license. That is Nick. Thank you, Nick.
>> Our Vermillion Cultural Association has

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submitted an application for a special
daily wine and cider license for the

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2026 Vermillion Vortex Film Festival.
Uh, it'll be on Sat- Saturday, September

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

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

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located at 10 East Main Street. This
request is allow- is to allow attendees

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to enjoy drinking beverages in the
Pocket Park.

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» [music]
>> For any beverages served inside the

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theater, the Vermillion Cultural
Association already has a malt beverage

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and wine license for the Coyote Twin
Theater.

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Uh, the police chief's report states
there have been no alcohol-related

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violations with this event in the past.
A check of the Vermillion Police

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Department's record revealed no
alcohol-related violations, and there

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are no felony convictions in South
Dakota in reference to the applicants

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for this license.
The police chief spoke with executive

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director Shannon Cole and discussed
safety measures that will be in place to

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help mitigate any problems. And the city
has received a 30-day- $30 per day

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license fee and the $20 advertising fee
from the applicant for a total of $80.

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And administration recommends approval
of the special daily wine and cider

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license for the 2026 Vermillion Vortex
Film Festival event on September 26th

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and 27th at the Pocket Park next to the
Coyote Twin Theater.

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» Thank you. Do any members of the public
wish to comment on this item?

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No? How about up here? Any members of
City Council have any questions for Dick

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or any comments on this request?

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» Move to approve.
>> Second.

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» All in favor, indicate by saying aye.
>> Aye.

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00:03:36,200 --> 00:03:41,160
» All opposed, say nay. Motion passes.
Thank you, Nick.

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And now, Shane, the application for the
CDBG grant.

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00:03:46,959 --> 00:03:52,280
» Thank you. Uh, so the city's taken steps
to prepare the replacement of of 12-in

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water main that's along Cherry Street
from Cottage Avenue to Plum Street. Uh,

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This will provide a benefit to the
entire community as the section of water

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main is one of our main trunk lines for
the water system. A preliminary

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engineering report or PER is being
prepared by Banner Associates currently

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uh following City Council approval back
on August 3rd. Um the PR will give us

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multiple options for the replacement of
this water main. Uh the PR is required

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as part of an application for the
Community Development Block Grant or the

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CDBG.
Uh the replacement project has an

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estimated cost of $3,087,000
at the current time. Uh that does

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include engineering for the project.
Uh staff would like to pursue grant

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funding to help reduce the potential
cost and loans. If we get a loan, we

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have to repay that through through the
rates. So, if we can get a grant, we can

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keep those rates lower. Uh so, that's
kind of the reason to

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to pursue this. Uh the CDBG awards come
from the federal housing and urban

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development funds provided to the states
for community community improvements uh

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that will benefit low to moderate income
uh individuals. Uh

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the city of Vermilion automatically
qualifies for the CDV funding based on

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our community data.
Uh back in 2025, GOED did raise the

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

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Johnson, who is here tonight, um has
been assisting the city with the CDBG

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application process. Um right now, we
plan to get that CDV application

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submitted by October 1st, and then uh
the GOED consideration in the fourth

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quarter of 2026. Uh it's anticipated, if
awarded and things move move on

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schedule, uh we could be getting bids in
the next spring to summer and having the

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work being performed next summer.
Uh a requirement of the CDV application

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process is to conduct public hearing to
explain the project and to complete a

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community development housing needs
assessment with public input um

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component. Following any public input on
the project, we do ask that the City

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Council develop a community development
and housing needs assessment. A draft

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00:05:49,760 --> 00:05:56,360
document of that is assessment has been
put together and is in the packet for

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you guys' review. So, following any
public comment, we we ask that you take

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a look at that document and change it as
you see fit.

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00:06:01,720 --> 00:06:05,560
Uh
to this point the cost is is just the

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advertisement fee for the notice of
public hearing, which was $19.40.

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Um under the consent agenda, there are
two resolutions. One of them is

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authorizing the application and
financial assistance for the project and

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the authorizing the project certifying
officer, uh which is said as city

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manager John Prescott. And if he is
absent, then the mayor can fill in for

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that. Um
the consent

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agenda also includes a resolution
identifying residential

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anti-displacement and relocation plan,
um which is required for the CDBG

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application. Uh the public hearing is an
opportunity to explain the finances of

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the project, accept public input, and
compile the community development

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housing needs assessment. Uh there is no
need needed by the city council. Um

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happy to answer any questions, and if I
can't, hopefully Sophie can. So.

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» Thank you very much. So, as I understand
it, let me really clarify it, Shane. Uh

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so, the community development housing
needs assessment,

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that's the the draft of that is
attached. It's a relatively short

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00:07:00,880 --> 00:07:06,919
document. It's not our recent housing
study. It's nothing major like that.

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» references the recent housing study, but
yeah, it's a pretty it's a pretty short

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00:07:08,720 --> 00:07:14,000
document.
>> Very good. And so, from us, you need

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00:07:12,640 --> 00:07:16,360
you're just notice of notifying us
you're going to have a public hearing on

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the subject.
>> It was part of the public hearing. So,

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when we put that out, this was part of
the public hearing. Yep.

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» Are there any members of the public who
would speak about that? Ms. Johnson, did

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you want to speak?
>> No.

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00:07:28,480 --> 00:07:32,600
» Okay.
No voters required, correct?

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00:07:31,800 --> 00:07:36,160
» That's correct.
>> Okay. Thank you very much, Shane.

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» Thank you.

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» All right, moving to the consent agenda.
Uh

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to to to to Where is it? Where is it?
Yeah.

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Any item listed on the consent agenda
may be removed at the request of any

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single council member.
Is there anything that you guys anybody

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00:07:51,720 --> 00:07:56,760
would like to have removed from the
consent agenda and removed to new

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00:07:55,240 --> 00:08:00,640
business?
It is a long consent agenda tonight.

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00:08:03,280 --> 00:08:08,880
Hearing none, do I hear a motion to
approve the consent agenda?

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00:08:07,960 --> 00:08:11,880
» So moved.
>> Is there a second to that motion?

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00:08:10,920 --> 00:08:16,560
» Second.
>> All in favor of of uh the approving the

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00:08:14,080 --> 00:08:17,280
consent agenda to cable saying I.
>> I.

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00:08:17,000 --> 00:08:21,840
» I.
>> Opposed to nay.

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00:08:19,000 --> 00:08:24,440
Consent agenda is passed in total. Thank
you very much.

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00:08:26,320 --> 00:08:30,919
Old business.
The second reading of ordinance 1564 for

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00:08:29,720 --> 00:08:34,479
the cable franchise agreement with
Midco. Okay, get ready. Get ready.

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00:08:33,525 --> 00:08:39,680
» [laughter]
>> So this is something that comes about

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back in 2016 we entered into a franchise
agreement with Midco. It was a 10-year

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00:08:41,599 --> 00:08:48,680
franchise agreement which is expiring
this October. Provided with your last

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00:08:46,480 --> 00:08:52,600
council packet and it's the same
ordinance tonight there have not been

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00:08:49,880 --> 00:08:56,640
any changes to it. We have an ordinance
to extend the cable franchise for an

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00:08:54,880 --> 00:09:02,680
additional 10 years. There are two
changes from the 2016 document to this

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one. One is that previously or currently
Midco is required to provide a rate card

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00:09:05,440 --> 00:09:10,400
to the city every time there's a change
in a rate that they

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00:09:08,640 --> 00:09:14,240
for service that they offer. What the
change does is it allows that to be

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00:09:12,400 --> 00:09:16,800
continually posted on their website and
which is probably where most customers

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00:09:15,760 --> 00:09:21,080
are finding out what the rates are
anyway, but this would change that in

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00:09:18,480 --> 00:09:24,920
the language. And then um
the other definition or other change is

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00:09:23,280 --> 00:09:30,480
that there's no longer quote free
service. Back in 2016 there was a number

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00:09:27,839 --> 00:09:36,880
of facilities that were able to provide
basic cable to as part of the franchise

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00:09:32,560 --> 00:09:41,640
agreement. The FCC order 621 changed it
and eliminated free service from being

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00:09:39,040 --> 00:09:45,800
available. It's built differently. It
comes out of franchise fee payments that

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00:09:43,560 --> 00:09:50,200
the city would otherwise receive, but
there's a cost for having that basic

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00:09:47,680 --> 00:09:54,160
cable. So, those are the two changes
that are recognized in the ordinance

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00:09:52,760 --> 00:09:58,520
that we have before you. Otherwise, it
continues on the 2016 agreement. As I

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00:09:56,920 --> 00:10:01,600
noted, there've been no changes to this
ordinance since the first reading at

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00:09:59,880 --> 00:10:07,520
your last meeting. We'd recommend
approval of ordinance 1569 to excuse me,

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00:10:04,920 --> 00:10:10,320
1564 to extend the cable franchise
agreement with Mediacom for an

159
00:10:08,640 --> 00:10:13,240
additional 10 years.
>> Thank you very much, John. Are there any

160
00:10:11,680 --> 00:10:16,600
members of the public who wish to speak
about this franchise agreement?

161
00:10:17,800 --> 00:10:23,760
Daryl, did you need to speak about this?
I see you're you're you read it, you're

162
00:10:21,040 --> 00:10:23,760
cool with it.

163
00:10:25,640 --> 00:10:30,560
Okay.
Any members of the city council have

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00:10:28,120 --> 00:10:33,160
comments, questions?
Mediacom is here?

165
00:10:32,080 --> 00:10:35,400
Yes.
>> So,

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00:10:34,560 --> 00:10:39,120
I'm just [clears throat] curious about
the Bluffs Golf Course.

167
00:10:37,240 --> 00:10:43,160
So, they because it's
the TV is viewed publicly there, it

168
00:10:41,280 --> 00:10:47,280
can't be included in this rate. Is that
what we talked about last time?

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00:10:44,360 --> 00:10:50,720
» Right. So, that one we the other three
buildings that we have it at now, it

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00:10:49,000 --> 00:10:54,880
comes because those don't necessarily
have public viewing open to the public.

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00:10:53,360 --> 00:10:58,480
Those come out of the franchise fee
payment.

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00:10:56,640 --> 00:11:02,280
The golf course, since that's open for
the public, we also have the golf

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00:11:00,200 --> 00:11:06,080
channel there as you might guess.
Those it's a different cable package.

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00:11:04,040 --> 00:11:11,040
So, we do have that one is actually
billed directly to the Bluffs versus

175
00:11:07,480 --> 00:11:11,040
coming out of the franchise fee payment.

176
00:11:12,880 --> 00:11:15,200
Yes.

177
00:11:15,312 --> 00:11:19,960
» [clears throat]
>> Are there any other questions or

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00:11:17,080 --> 00:11:22,839
comments about this franchise agreement?
>> Move for approval.

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00:11:21,000 --> 00:11:26,200
» Is there a second?
All in favor, please indicate by saying

180
00:11:24,400 --> 00:11:30,160
aye. I'm sorry. I'm sorry, this is roll
call.

181
00:11:27,720 --> 00:11:30,160
Thank you.

182
00:12:20,280 --> 00:12:27,160
» And we're just waiting more for Dave
Myers to vote digitally.

183
00:12:24,760 --> 00:12:29,760
» Did Councilman Myers indicate how he's
voting?

184
00:12:28,760 --> 00:12:32,720
» I vote I.
>> Okay. So then I think you know, I do

185
00:12:31,440 --> 00:12:35,040
that. There you go.
>> Thank you.

186
00:12:33,840 --> 00:12:37,560
I don't know if does it always show up
here?

187
00:12:35,400 --> 00:12:41,360
» He'll put it up.
That one should be okay.

188
00:12:38,360 --> 00:12:41,360
» He says absent.

189
00:12:42,880 --> 00:12:47,720
» I think you can
>> You can abstain.

190
00:12:52,480 --> 00:12:59,920
» Very good.
>> Here we go. It's almost there.

191
00:12:57,960 --> 00:13:01,240
» Yep. So it'll be
other two are not

192
00:13:00,640 --> 00:13:03,160
» There we go.
>> Yep.

193
00:13:01,600 --> 00:13:10,320
» All right. So
by a vote of 7 to 0, we that is

194
00:13:06,600 --> 00:13:10,320
that is passed. Thank you very much.

195
00:13:11,680 --> 00:13:17,680
Uh next, special permit to exceed
permissible noise level. Oh, sorry. I'm

196
00:13:16,240 --> 00:13:21,960
sorry. I'm in the wrong one. Sorry. I'm
in the wrong one. Uh second reading

197
00:13:18,800 --> 00:13:24,560
ordinance 1573
for uh Blue Stem.

198
00:13:23,640 --> 00:13:27,640
» Thank you.
Uh so the owner is planning to develop

199
00:13:25,640 --> 00:13:30,960
this area for residential uses. Their
intent is to have some townhouses along

200
00:13:29,440 --> 00:13:35,360
the west and north and co-housing
community in the south and the east. Um

201
00:13:33,840 --> 00:13:39,600
the first reading of this ordinance was
considered by council back on August or

202
00:13:37,720 --> 00:13:43,000
17th, I'm sorry. After discussion,
council moved to advance the ordinance

203
00:13:40,880 --> 00:13:46,160
to the second reading. The vote was 9-0
in to advance.

204
00:13:44,560 --> 00:13:49,360
Uh there have been no changes to the
ordinance since the first reading.

205
00:13:47,840 --> 00:13:53,240
Administration recommends approval of
the second reading of ordinance 1573. A

206
00:13:51,440 --> 00:13:57,040
roll call vote is required for the
second reading of an ordinance.

207
00:13:55,800 --> 00:14:02,120
» Thank you very much, Shane. Are there
any members of the public that want to

208
00:13:58,520 --> 00:14:02,120
comment on this ordinance?

209
00:14:02,400 --> 00:14:09,400
Seeing none, any members of the city
council have questions or comments or

210
00:14:06,320 --> 00:14:09,400
questions for Shane?

211
00:14:10,560 --> 00:14:15,200
Seeing none, I would entertain a motion
to approve this ordinance.

212
00:14:15,640 --> 00:14:22,960
Is there a second?
All in favor indicate by saying I.

213
00:14:21,120 --> 00:14:28,760
Oh, sorry. Roll call again. Roll call
again.

214
00:14:25,080 --> 00:14:28,760
Second reading's roll call. Very good.

215
00:14:31,480 --> 00:14:35,240
And we're waiting again for Dave Lias.

216
00:14:44,360 --> 00:14:48,920
» My vote is I.
>> Very good.

217
00:14:50,960 --> 00:14:56,839
Summary.
Again, 7 to nothing in favor of this uh

218
00:14:55,680 --> 00:14:59,839
ordinance
and it passes. I forgot where my gavel

219
00:14:58,600 --> 00:15:04,560
was.
Very good. Thank you. That concludes old

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00:15:02,040 --> 00:15:10,600
business. We'll move on to new business.
Uh item A on new business, the Midco

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00:15:07,360 --> 00:15:13,560
cable franchise annual report.
Shawn and Alex.

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00:15:15,360 --> 00:15:20,960
» Hello. My name is Alex Nelson. I'm the
field operations manager for the Yankton

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00:15:19,560 --> 00:15:24,400
and Vermillion area.
Um I'm here with Shawn Dory, the GM of

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00:15:23,160 --> 00:15:27,680
the Houston region here for South
Dakota.

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00:15:25,400 --> 00:15:32,560
Um, we're here to do our annual update
for Vermillion. I do have some extra

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00:15:30,720 --> 00:15:34,960
cheats here if you guys would like.
Um, otherwise I can send these in an

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00:15:33,640 --> 00:15:38,280
email as well.
>> I I would like one. Thank you.

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00:15:39,280 --> 00:15:41,300
» [clears throat]

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00:15:41,680 --> 00:15:44,520
» Thank you very much.

230
00:15:49,160 --> 00:15:53,400
» Midco is committed to providing the best
connectivity to the citizens of

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00:15:52,320 --> 00:15:57,760
Vermillion, South Dakota with
industry-leading customer support and

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00:15:55,520 --> 00:16:01,880
our reliable, state-of-the-art fiber
network.

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00:15:59,280 --> 00:16:06,840
Um, we have some performance metrics for
all of 2025 here.

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00:16:03,920 --> 00:16:10,800
Um, Midco completed more than 2,049
truck rolls on various work order types

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00:16:08,840 --> 00:16:14,280
in Vermillion. Uh, this includes
installs, service changes, trouble

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00:16:12,560 --> 00:16:18,200
calls, and what we call special request
orders.

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00:16:15,760 --> 00:16:22,240
Our first-time rate percentage in 2025
is 94%.

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00:16:20,080 --> 00:16:25,560
FTR is a measurement specific to how
often we complete a service visit to a

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00:16:23,920 --> 00:16:30,600
customer and are not having to go back
within 7 days.

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00:16:28,480 --> 00:16:36,400
Our on-time arrival was also at 90
Excuse me, was was at 95% for 2025.

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00:16:34,839 --> 00:16:39,800
On-time arrival captures the percentage
of time that we arrive at a customer's

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00:16:38,040 --> 00:16:45,520
home within the 15 minutes of their
scheduled appointment time.

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00:16:42,920 --> 00:16:49,040
Customer satisfaction score was 9.7 out
of 10.

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00:16:46,640 --> 00:16:54,480
Our CSAT score is the performance rating
specific to the interaction with our

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00:16:50,520 --> 00:16:58,800
technicians during a work order.
Wait times, customers in Vermillion

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00:16:56,880 --> 00:17:03,040
receive a service visit on average in
less than 24 hours when calling for

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00:17:00,640 --> 00:17:06,640
support and needing a technician.
Customers receive install support on

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00:17:04,800 --> 00:17:11,920
average within 4 days.
This is specific for customers getting a

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00:17:08,240 --> 00:17:15,160
new install or upgrading services.
All of these performance metrics for

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00:17:13,680 --> 00:17:20,560
Vermillion are in line with our company
averages and associated goals.

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00:17:18,199 --> 00:17:24,920
I then have a construction update for
2025 here.

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00:17:22,360 --> 00:17:30,600
Um Midco extended our network to six new
business accounts, one new 118-unit

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00:17:27,959 --> 00:17:36,600
apartment building, the Clay County Law
Enforcement Center, and 19 new lots.

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00:17:34,160 --> 00:17:40,720
We completed 13,374
ft of new build and maintenance across

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00:17:38,720 --> 00:17:43,800
20 locations.
Our total investment for all

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00:17:41,920 --> 00:17:46,800
construction-related activities was
$157,139.

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00:17:47,480 --> 00:17:53,120
This does include a tower project south
of Vermillion,

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00:17:51,080 --> 00:17:56,560
um which is about 70,000 of those
dollars.

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00:17:54,720 --> 00:18:00,480
Oh, I do have the cost breakdowns below
there for you.

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00:17:58,160 --> 00:18:06,002
Um business at 118,000,
new residential at 8,200, and

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00:18:02,880 --> 00:18:08,360
maintenance at 30,000 of those.
>> [snorts]

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00:18:06,920 --> 00:18:13,680
» I also have on the back side of the
sheet some of our community involvement,

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00:18:10,600 --> 00:18:17,080
um that we took part in here 2025.
Um we are committed to being a force for

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00:18:15,160 --> 00:18:20,920
good in the communities we serve,
and below are some of the specifics in

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00:18:19,120 --> 00:18:26,160
2025.
Uh we did a USD football game sponsor

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00:18:23,400 --> 00:18:30,360
September 20th of 2025.
Uh we did the USD men's basketball Star

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00:18:28,880 --> 00:18:34,920
Wars night.
Um we also sponsored the Vermillion

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00:18:32,120 --> 00:18:40,000
Chamber Annual Banquet.
Um if you go other sponsorships here, we

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00:18:36,840 --> 00:18:44,880
have the USD Coyote Sports Properties,
USD Coyote post season, and the

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00:18:42,960 --> 00:18:49,120
Vermillion Chamber Annual Banquet, which
is season on there twice now.

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00:18:47,120 --> 00:18:52,960
Um we also had a grant for the Boys &
Girls Club of Vermillion, which we did

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00:18:50,760 --> 00:18:57,840
again this year, which is a great.
Um and then we did a donation for the

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00:18:55,200 --> 00:19:00,640
Vermillion Chamber Golf.
And that is what I have. Is there any

274
00:18:59,320 --> 00:19:03,720
questions on anything?
>> Well, first of all, I want to thank you

275
00:19:02,080 --> 00:19:07,400
and Shawn for coming. I appreciate that
you scheduling the the time this this

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00:19:05,640 --> 00:19:10,400
evening. You could be anywhere else. So,
thank you for coming. And actually,

277
00:19:09,160 --> 00:19:14,120
thank you for
totaling this thing up. The the quality

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00:19:13,000 --> 00:19:18,040
assurance
numbers are really very impressive. So,

279
00:19:15,840 --> 00:19:21,680
thank you. Does anybody here have any
Does any member of the public have any

280
00:19:19,280 --> 00:19:24,760
questions for Shawn or Alex?
Dick, you No, no. I don't see anybody

281
00:19:23,360 --> 00:19:28,840
there. Anybody up here have any
questions for Shawn or Alex about field

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00:19:26,640 --> 00:19:31,080
operations of Vermilion.
Yes.

283
00:19:29,360 --> 00:19:34,440
» I just want to thank you for your
community involvement. I think that's

284
00:19:33,000 --> 00:19:37,280
one of the key elements of a company
that needs to be

285
00:19:36,000 --> 00:19:38,760
thoroughly aware of is the community
involvement and

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00:19:38,320 --> 00:19:40,000
investment.
>> Mhm.

287
00:19:39,680 --> 00:19:44,320
Absolutely.
>> Absolutely. We We plan on doing more.

288
00:19:43,200 --> 00:19:47,000
» Good. Well, thank you very much. I
appreciate you coming.

289
00:19:47,800 --> 00:19:51,480
I'm sorry. We have one more up here.
>> Yeah, cool.

290
00:19:50,480 --> 00:19:55,200
» Um [clears throat] I just want to make
sure that you all feel comfortable with

291
00:19:53,080 --> 00:19:59,400
the development that we have going on
and that you feel properly communicated

292
00:19:57,360 --> 00:20:03,480
with, that you know, you sort of know
where we are expanding to and that you

293
00:20:01,920 --> 00:20:07,120
are ready and prepared to provide
services to those new and upcoming

294
00:20:05,360 --> 00:20:12,280
areas.
>> Yes, we actually do have a construction

295
00:20:09,560 --> 00:20:16,520
technician here in town that does go to
these new new builds, these new projects

296
00:20:14,480 --> 00:20:18,960
and is going to scout them out and
talk with everyone on site to make sure

297
00:20:17,920 --> 00:20:24,080
that
they're aware we're around.

298
00:20:21,920 --> 00:20:28,080
But, we can if you need to, I can leave
business cards if someone

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00:20:26,520 --> 00:20:30,400
needs to get that information to them.
>> Okay.

300
00:20:28,880 --> 00:20:33,600
I'm sorry. I was a little little abrupt
there. Did Did Did anybody else have a

301
00:20:31,920 --> 00:20:36,400
question for the uh Mid-Co
representatives?

302
00:20:37,520 --> 00:20:42,440
Okay. Last chance. Thank you very much.
>> much, Shawn.

303
00:20:39,960 --> 00:20:42,440
» Thank you.

304
00:20:44,040 --> 00:20:48,880
All right.
Um

305
00:20:46,680 --> 00:20:52,640
There we go. Sorry.
There we go. Uh Nick, special permit to

306
00:20:50,680 --> 00:20:55,760
exceed permissible noise levels at the
Bunnyans.

307
00:20:54,240 --> 00:21:00,200
» Uh Bunnyans has applied for a special
permit to exceed allowable noise levels

308
00:20:57,520 --> 00:21:04,440
for a live band event at 1201 West Main
Street on Saturday, October 3rd from

309
00:21:02,520 --> 00:21:07,600
12:00 p.m. to midnight.
After discussing with the applicant, the

310
00:21:05,720 --> 00:21:11,200
live country band will be located at in
Bunny's parking lot in the southeast

311
00:21:09,360 --> 00:21:14,800
corner. The applicant also stated the
hours for requested noise permit is for

312
00:21:13,200 --> 00:21:18,480
5:00 p.m. to midnight, but the actual
event will take place from 5:00 p.m. to

313
00:21:16,520 --> 00:21:23,200
11:00 p.m. The additional hours for
cleanup, cleaning the parking lot, and

314
00:21:20,440 --> 00:21:26,920
ensuring attendees leave safely and
respectfully. The applicant has also

315
00:21:25,440 --> 00:21:30,360
been in contact with neighbors to make
them aware of the event.

316
00:21:29,320 --> 00:21:34,080
Uh the city council will need to
determine if the event is in a suitable

317
00:21:31,800 --> 00:21:37,040
location with appropriate facilities
during the allowable time, and if the

318
00:21:35,600 --> 00:21:40,400
applicant can demonstrate the public
benefit of the event.

319
00:21:38,840 --> 00:21:44,600
The organizers of the event have already
paid the $25 fee, and administration

320
00:21:43,000 --> 00:21:47,000
recommends approval of the special noise
permit.

321
00:21:47,120 --> 00:21:52,880
» Thank you very much. I can see that
there are no members of the public

322
00:21:50,520 --> 00:21:56,000
wishing wishing to comment on this.
Uh

323
00:21:53,680 --> 00:21:59,760
but I I had a question.
I don't always read all of the small

324
00:21:57,480 --> 00:22:03,440
print, but it says here that sound level
measurements shall be made a distance of

325
00:22:01,840 --> 00:22:06,720
the property affected by the noise. Do
we have a provision to make those sound

326
00:22:05,360 --> 00:22:09,680
measurements?
>> A visual?

327
00:22:08,040 --> 00:22:13,800
» Do we have a It says
that sound level measurements shall be

328
00:22:11,520 --> 00:22:17,400
made at a distance of
blah blah blah.

329
00:22:15,320 --> 00:22:21,480
And I don't know that we have a plan to
do so.

330
00:22:18,840 --> 00:22:23,640
» So, as part of their application, they
submitted

331
00:22:24,280 --> 00:22:28,060
See if that helps any.
>> [music]

332
00:22:29,160 --> 00:22:34,400
» They submitted what their um
right, their measurements would be at 50

333
00:22:33,360 --> 00:22:39,000
100
150 ft 200 ft. Um I believe that is

334
00:22:37,360 --> 00:22:42,720
taken from the company that they're
working with to do this. But, as far as

335
00:22:41,120 --> 00:22:46,040
measuring it, I believe the police
department has

336
00:22:44,320 --> 00:22:48,280
quote the noise measuring device.
There's probably a name for it, more

337
00:22:47,360 --> 00:22:50,080
scientific than that.
>> Audiometer.

338
00:22:49,600 --> 00:22:52,480
» There you go.
>> So, if there were a complaint, the

339
00:22:51,280 --> 00:22:54,840
police would be all over it.
>> I do

340
00:22:57,080 --> 00:23:01,160
So, like by the way, I wish
[clears throat] they were here. I really

341
00:22:59,360 --> 00:23:03,760
like their note to two
They said, "Please grant us some grace."

342
00:23:02,680 --> 00:23:07,240
Did you guys read that? I thought it was
well-written well-written letter. You

343
00:23:06,000 --> 00:23:10,520
know, a little patience, kindness. I
mean, I think that's a that's a good way

344
00:23:09,280 --> 00:23:14,400
to approach your neighbors when you're
going to be having an outdoor event.

345
00:23:14,440 --> 00:23:19,000
Anybody have any questions or comments
about the

346
00:23:17,200 --> 00:23:22,960
D Days
um concert at Bunyan's?

347
00:23:24,520 --> 00:23:30,280
I will entertain a motion to approve
this uh special noise permit.

348
00:23:29,440 --> 00:23:31,840
» So moved.
>> Is there a second?

349
00:23:31,120 --> 00:23:36,680
» Second.
>> All in favor of approving this noise

350
00:23:34,960 --> 00:23:39,520
uh this noise sorry, the special noise
permit, indicate by saying I.

351
00:23:38,640 --> 00:23:45,120
» I.
>> Opposed, say nay.

352
00:23:41,560 --> 00:23:45,120
Passes. Thank you very much, Nick.

353
00:23:45,200 --> 00:23:51,080
All right, a couple of John Prescott
things here, I believe. Let me do at

354
00:23:48,840 --> 00:23:55,360
least one resolution establishing a fee
for for the Take it away, John.

355
00:23:53,080 --> 00:24:00,760
» Okay. So, annually the City Council is
asked to establish the property tax levy

356
00:23:58,080 --> 00:24:04,160
for the upcoming year. Um this has been
It's a little bit different this year.

357
00:24:02,280 --> 00:24:08,120
Historically, with our previous budget
process, it was the last couple of lines

358
00:24:06,320 --> 00:24:12,080
on your appropriations ordinance. With
the change that we have this year, it's

359
00:24:10,040 --> 00:24:15,840
a separate ordinance because you'll
actually adopt that ordinance with your

360
00:24:13,760 --> 00:24:20,240
appropriation line items later this
year. But, the ability for you as a City

361
00:24:18,760 --> 00:24:24,000
Council to really
change the the property tax levy is

362
00:24:22,440 --> 00:24:28,680
really pretty much dictated by state
statute anymore. So, on your calculation

363
00:24:27,200 --> 00:24:32,080
there, you'll see couple of different
numbers. The previously certified amount

364
00:24:30,520 --> 00:24:36,080
that's listed,
a growth factor is determined, a

365
00:24:33,680 --> 00:24:39,840
percentage 1.8 in this case, and the
state also then determines a consumer

366
00:24:37,800 --> 00:24:44,080
price index factor. In this case, it's 2
and 1/2%.

367
00:24:41,840 --> 00:24:47,640
Uh you can see that uh the calculations
on the front page. Uh if you put all

368
00:24:45,880 --> 00:24:49,880
those numbers together, the property tax
levy

369
00:24:48,680 --> 00:24:52,880
uh for the city would come to
$3,501,918.

370
00:24:53,640 --> 00:25:00,520
Uh that's what uh the numbers appear to
be at this point in time. What we have

371
00:24:58,160 --> 00:25:04,560
done in the ordinance that's attached is
proposed that we include a number of

372
00:25:02,080 --> 00:25:09,000
3,510,000.
The county is still kind of uh

373
00:25:06,920 --> 00:25:13,440
tweaking and fine-tuning those numbers.
And so, uh this gives us if that number

374
00:25:11,600 --> 00:25:17,680
comes out to be a little bit higher than
the one in the front page, it allows us

375
00:25:14,920 --> 00:25:21,120
to go up to 3,510,000.
It is based on the numbers that the

376
00:25:19,480 --> 00:25:25,200
county has in the formula that's on the
front page. So, it's not that we're

377
00:25:23,280 --> 00:25:28,800
taking or asking for additional funding.
It's based in the county's final numbers

378
00:25:26,840 --> 00:25:32,920
that are applied there. So, uh we would
recommend that ordinance 1574

379
00:25:31,360 --> 00:25:35,640
uh be advanced to second reading at your
next meeting.

380
00:25:38,440 --> 00:25:44,160
» That's clearly uh Do those of you who've
been through this process in previous

381
00:25:42,480 --> 00:25:48,040
years, do you have any comments or
questions

382
00:25:45,560 --> 00:25:48,040
for John?

383
00:25:49,200 --> 00:25:53,840
This is a totally standard thing, you
old-timers, long-termers,

384
00:25:52,840 --> 00:25:56,440
annual.
Okay.

385
00:25:55,360 --> 00:25:58,800
Very good. Well, then I I would
entertain motion to approve this uh

386
00:25:58,160 --> 00:26:00,560
ordinance.
>> I'll move it.

387
00:25:59,480 --> 00:26:04,640
» Oh, you'd move it. Thank you very much,
Mike. Is there a second? I'll second the

388
00:26:02,640 --> 00:26:06,400
motion. Seconded. All in favor, indicate
by saying "Aye."

389
00:26:05,560 --> 00:26:09,720
» Aye.
>> Opposed, say "Nay."

390
00:26:08,400 --> 00:26:14,360
Passes.
Thank you very much.

391
00:26:12,440 --> 00:26:19,360
Uh the next one is the resolution
establishing uh a fee for the curfew.

392
00:26:17,200 --> 00:26:22,560
That's for you, Alex.
>> Thank you. So, I actually have

393
00:26:20,400 --> 00:26:26,440
» I'm sorry. Let me interrupt. Have we Has
Has Dave been voting on these items as

394
00:26:24,920 --> 00:26:29,440
well? He has. Thank you very much. I
forgot to ask.

395
00:26:27,960 --> 00:26:34,640
Take it away, please, Alex.
>> Um I actually have one memo for Sorry,

396
00:26:31,880 --> 00:26:37,880
feedback. For two items for no- noise
violations and for curfew violations. I

397
00:26:36,520 --> 00:26:41,200
just put it in one memo, otherwise I'm
just repeating the same thing over

398
00:26:39,640 --> 00:26:45,320
again. But,
um currently, if either um if an

399
00:26:43,880 --> 00:26:50,280
individual is found in violation of
either uh section of city code, the

400
00:26:47,760 --> 00:26:56,040
police officers would uh need to set a
mandatory court appearance in order to

401
00:26:53,680 --> 00:26:59,960
I guess limit costs associated with that
and instead of having the city attorney

402
00:26:57,760 --> 00:27:04,040
go to court, assign a
fine, and then have the judge determine

403
00:27:02,080 --> 00:27:06,960
if that individual is guilty, uh the
police department suggested creating

404
00:27:05,440 --> 00:27:11,000
these resolutions to make it a bit
easier on them.

405
00:27:08,520 --> 00:27:16,200
Um it helps remove that mandatory court
appearance for our city attorney and

406
00:27:13,360 --> 00:27:20,200
then any other associated costs. Um
Chief Brady did some research for the

407
00:27:18,480 --> 00:27:24,280
fees. Um
for noises prohibited, she found that it

408
00:27:22,520 --> 00:27:29,040
is similar to a disorderly conduct and
we currently charge $54 for that plus

409
00:27:26,480 --> 00:27:32,600
court fees. Um so she felt that with it
being a similar offense that $54 would

410
00:27:31,640 --> 00:27:35,760
be
um

411
00:27:33,280 --> 00:27:39,880
reasonable to charge for that violation.
And then with curfew, uh she had done

412
00:27:37,680 --> 00:27:44,240
some research and also found that um
curfew is not as

413
00:27:41,800 --> 00:27:47,440
um serious of an of an offense and that
it should be about $25 less, which is

414
00:27:46,160 --> 00:27:51,920
why she
um recommended the $29 plus court fees.

415
00:27:50,600 --> 00:27:56,200
Um she also believed that would be a
reasonable cost associated with that

416
00:27:53,560 --> 00:27:59,520
offense. Um revenue from these fines
would be placed in the general fund. Um

417
00:27:58,080 --> 00:28:04,880
administration recommends approval of
the new fees for section 90-01 noises

418
00:28:02,120 --> 00:28:09,960
prohibited and section 130-02 curfew as
shown in the attached resolutions. Um a

419
00:28:07,120 --> 00:28:13,960
separate motion would be uh is suggested
by the city attorney for each

420
00:28:11,200 --> 00:28:13,960
resolution.

421
00:28:18,480 --> 00:28:24,800
» These often Do we Do we find people for
these violations often? This is a

422
00:28:22,760 --> 00:28:28,160
frequent event for us.
>> I would say it's frequent enough that

423
00:28:26,440 --> 00:28:34,040
it's become kind of a nuisance for them
to try and figure out how to make it

424
00:28:31,960 --> 00:28:38,040
less of a burden for lack of a better
words than trying to make sure that

425
00:28:36,360 --> 00:28:42,600
all of the
I guess everyone receives a similar

426
00:28:40,800 --> 00:28:45,480
um fine for each offense.
>> Sure. It happens enough they need to

427
00:28:44,040 --> 00:28:48,600
have a process.
I I have a question. Uh perhaps John

428
00:28:47,680 --> 00:28:51,800
knows.
I didn't know we had a curfew when I

429
00:28:50,080 --> 00:28:55,400
read this. What is What is a curfew
violation?

430
00:28:53,320 --> 00:28:58,080
If I walk down to the gas station at
4:00 in the morning, am I in violation

431
00:28:56,920 --> 00:29:01,200
of a curfew?
>> No, because I believe it is based on

432
00:29:00,720 --> 00:29:04,880
age.
>> Minors.

433
00:29:01,960 --> 00:29:08,160
» Oh, it's minors. Minors. Oh.
Okay, not that I'm walking down at 4:00

434
00:29:06,960 --> 00:29:12,520
in the morning. [laughter] So, it's
minors being out at night after a

435
00:29:09,920 --> 00:29:16,480
certain hour. Yes, Julia.
>> I actually had the same thought and I

436
00:29:14,440 --> 00:29:22,720
was pretty surprised to read, you know,
that 17-year-olds are not allowed to be

437
00:29:18,680 --> 00:29:26,760
outside after 10:00 p.m. Um to loiter,
idle, wander, stroll, or play in and

438
00:29:25,200 --> 00:29:30,480
upon the public streets, highways,
roads, alleys, parks, playgrounds, and

439
00:29:28,400 --> 00:29:33,160
other public grounds, public spaces, and
public building,

440
00:29:31,960 --> 00:29:36,320
place of amusement or entertainment,
vacant lots, or other unsupervised

441
00:29:35,040 --> 00:29:40,960
places
um between 10:00 and 6:00. Um and so, I

442
00:29:39,360 --> 00:29:46,480
actually was kind of surprised again
that it includes those over age 15 up to

443
00:29:44,120 --> 00:29:51,600
age 17. Um because I do think that
sometimes we have um you know, they have

444
00:29:48,920 --> 00:29:56,080
events. Um we have a you know, after
prom and all of those kinds of things.

445
00:29:54,040 --> 00:30:02,200
Um and so, while technically that the
curfew item is not the item that we're

446
00:29:58,800 --> 00:30:06,240
considering, it is simply to move it to
um a fee-based schedule. Um

447
00:30:04,760 --> 00:30:11,920
again, I was pretty shocked to to read
that we have this, especially in an area

448
00:30:08,480 --> 00:30:16,920
where um our
teenage children are able to drive and

449
00:30:14,200 --> 00:30:21,120
sometimes live outside of city limits.
Um and so, might take some time to to

450
00:30:19,240 --> 00:30:24,000
get home and so, like
um

451
00:30:22,160 --> 00:30:27,720
I I would be in favor of considering
this further and and hearing some more

452
00:30:25,680 --> 00:30:32,680
public comment on this, but um
that is outside of the scope of the

453
00:30:29,440 --> 00:30:32,680
question at hand right now.

454
00:30:33,960 --> 00:30:38,960
» Very good. I think it probably is worth
revisiting sometime in the future. That

455
00:30:37,400 --> 00:30:41,840
That'd be We'll We'll throw that on
John's plate. He's making notes about it

456
00:30:40,400 --> 00:30:45,200
right now.
Uh very good. So, uh, thank you, Alex.

457
00:30:44,240 --> 00:30:49,080
Do you have any other comments? No,
thank you very much, we'll see you.

458
00:30:47,040 --> 00:30:53,760
» I actually do have a related question on
the

459
00:30:50,200 --> 00:30:57,320
um, curfew code. It says
that

460
00:30:54,960 --> 00:31:01,280
section two is about the responsibility
of the parents. So, I assume that this,

461
00:31:00,160 --> 00:31:05,160
um,
that

462
00:31:02,480 --> 00:31:11,040
the proposed fee would be on the minor
and not on the parent or can it be

463
00:31:07,800 --> 00:31:13,920
either? Or what who would be subject to
this fee?

464
00:31:14,720 --> 00:31:22,120
» I I guess the the starting point is the
violation of the minor being out as to

465
00:31:20,080 --> 00:31:25,160
who they assess the fee to. I I'd have
to look a little closer, but normally

466
00:31:24,000 --> 00:31:29,560
the parent is practical matter the
parent pays it unless the

467
00:31:28,240 --> 00:31:33,400
you know,
that that's just the re- you know, in my

468
00:31:31,240 --> 00:31:37,520
experience with curfew violations and I
just recently, Mary, you'd asked a

469
00:31:34,960 --> 00:31:42,000
question earlier, there um, there have
been a number of citations I've seen,

470
00:31:39,960 --> 00:31:46,600
uh, for curfew violations and I don't
know if it's summer months. Uh, maybe

471
00:31:44,040 --> 00:31:51,000
you have more of that and quite frankly,
it's more of an a group thing. You know,

472
00:31:48,920 --> 00:31:55,520
if you and and I suspect that the police
department, uh, to your question is

473
00:31:53,840 --> 00:32:00,360
somebody's coming to or from a sporting
event and has their gear in the car, I

474
00:31:57,520 --> 00:32:05,040
suspect that's not a curfew violation.
But, if that's not in the exception

475
00:32:02,160 --> 00:32:05,040
list, it should be.

476
00:32:06,880 --> 00:32:11,720
» I I'm just a little confused on the on
the proposed fine and proposed total

477
00:32:10,440 --> 00:32:15,720
cost.
I know we add up the 7250 plus a fine,

478
00:32:14,120 --> 00:32:19,720
that's the total cost.
But, even though it's been 6 years since

479
00:32:18,480 --> 00:32:22,000
the state changed it for some reason
they change maybe I change this all

480
00:32:20,960 --> 00:32:25,360
again.
So, I I'm confused. To me, it's

481
00:32:24,120 --> 00:32:31,400
confusing.
I I like the idea of a $54 plus court

482
00:32:28,720 --> 00:32:34,280
costs cuz if that changes, that changes,
but

483
00:32:32,640 --> 00:32:37,280
by telling it automatically, it's
126.50.

484
00:32:37,320 --> 00:32:42,600
If the court changes, then again we're
going to mess a few dollars, but it's

485
00:32:40,760 --> 00:32:46,240
not that big of a deal. I just I just
thought this We've got two things to say

486
00:32:44,080 --> 00:32:52,160
both say proposed.
>> Um within each resolution it does say um

487
00:32:49,280 --> 00:32:55,960
shall be $54 plus court fees and then
$29 plus court fees. So within the

488
00:32:54,480 --> 00:33:00,720
within the resolutions themselves they
do just say plus court fees.

489
00:32:58,760 --> 00:33:03,520
» So the right hand one where it says 126
that's not going to be on the

490
00:33:02,280 --> 00:33:07,160
» No, that won't That won't be on the
resolution. That's just so you guys can

491
00:33:05,080 --> 00:33:09,960
know what the total cost would be with
the court fees.

492
00:33:15,640 --> 00:33:20,760
» fees.
Very good. Hearing none, I would

493
00:33:18,440 --> 00:33:24,960
entertain a motion to approve the new
fee structure for section 90.01.

494
00:33:24,160 --> 00:33:28,160
» So moved.
>> So moved. Is there a second? I'm sorry,

495
00:33:26,920 --> 00:33:30,680
did you have a further comment? Did I go
too fast again?

496
00:33:28,920 --> 00:33:33,320
» want to make sure are we voting on both
of these simultaneously or we doing them

497
00:33:32,440 --> 00:33:36,240
separately?
>> Separate.

498
00:33:34,760 --> 00:33:39,600
» We'll do it separately.
I'm sorry. I I'm sorry I We can't jump

499
00:33:38,280 --> 00:33:44,840
all together. Let's talk about the
noises first.

500
00:33:41,800 --> 00:33:47,480
90.01 noises. Uh do we have a
motion and we have a second? Do we have

501
00:33:46,520 --> 00:33:50,120
a second on that one?
>> Second.

502
00:33:48,320 --> 00:33:53,720
» All in favor of that please say I.
>> I.

503
00:33:50,720 --> 00:33:57,800
» All opposed nay. 90.01 passes.
Now the curfew is 130.02. We'll take

504
00:33:56,360 --> 00:34:00,680
that separately.
Does anybody have any comments? We I

505
00:33:59,200 --> 00:34:02,920
Mike you moved approval. Is there a
second?

506
00:34:02,120 --> 00:34:06,080
» Second.
>> All in favor of uh this one please The

507
00:34:05,080 --> 00:34:08,440
clerk is saying I.
>> I.

508
00:34:06,760 --> 00:34:12,600
» Opposed nay.
One nay. Okay, thank you. Did you catch

509
00:34:10,280 --> 00:34:16,200
that Alex? We had a nay.
And then Randy. Thank you.

510
00:34:17,800 --> 00:34:24,760
All right. So the
first reading of proposed ordinance 1575

511
00:34:21,840 --> 00:34:28,679
to on the traffic code uh to talk about
parking. I'm sorry, talk about motorized

512
00:34:27,280 --> 00:34:31,800
foot scooters.
>> Motorized foot scooters.

513
00:34:30,240 --> 00:34:36,159
» Thank you. Our police department had
been reviewing um some of our code

514
00:34:34,679 --> 00:34:39,720
regarding scooters and when they were
reviewing it, they discovered that the

515
00:34:37,720 --> 00:34:44,360
definition for motorized scoot foot
motorized foot scooter was incorrect.

516
00:34:42,040 --> 00:34:49,919
Currently, a section of that definition
reads that has more that has more than

517
00:34:47,200 --> 00:34:54,639
two 12-in or smaller diameter wheels
instead of saying that it should say

518
00:34:51,760 --> 00:34:58,040
that has no more than two 12-in or
smaller diameter wheels. We just need to

519
00:34:56,320 --> 00:35:01,520
add in the word no.
Um so, adoption of the ordinance will

520
00:34:59,800 --> 00:35:05,040
only involve publication costs.
Administration recommends that the City

521
00:35:02,960 --> 00:35:10,360
Council advance ordinance 1575 to a
second reading on September 21st.

522
00:35:09,000 --> 00:35:15,000
» That seems very straightforward. It's a
typo the first time. You just

523
00:35:12,920 --> 00:35:19,040
forgot to put the word no in there.
Any other questions about the 2 and

524
00:35:16,520 --> 00:35:22,560
1/2-in wheels? No more smaller than 2
and 1/2-in.

525
00:35:20,600 --> 00:35:27,480
No more than could be replaced with
smaller than. You just for future you

526
00:35:25,160 --> 00:35:27,480
say.

527
00:35:28,120 --> 00:35:33,280
Nobody has any questions. I would
entertain a motion to approve this

528
00:35:31,000 --> 00:35:35,320
change to ordinance 1575.
>> So moved.

529
00:35:34,040 --> 00:35:38,120
» Is there a second?
>> Second.

530
00:35:36,160 --> 00:35:40,480
» All in favor indicate by saying aye.
>> Aye.

531
00:35:38,840 --> 00:35:43,160
» Opposed nay.
Motion passes.

532
00:35:43,720 --> 00:35:49,240
All right. The no bid openings. We'll
move right to the city manager's report.

533
00:35:47,960 --> 00:35:52,800
» All right. Just like everything else, I
have a long list or like the consent

534
00:35:50,760 --> 00:35:57,000
agenda. So, uh just couple of upcoming
meetings uh before your next City

535
00:35:54,360 --> 00:36:00,080
Council meeting on September 21st. Uh
the Historic Preservation Commission

536
00:35:58,480 --> 00:36:03,800
meets tomorrow at 9:00 a.m. in the
Powell Conference Room here and the

537
00:36:02,080 --> 00:36:08,480
second floor of City Hall. And the
Library Board meets uh next Wednesday,

538
00:36:05,840 --> 00:36:11,000
September 16th at 6:00 p.m. at the
library.

539
00:36:09,600 --> 00:36:14,800
Um the Planning and Zoning Commission,
they're meeting next Monday, September

540
00:36:12,600 --> 00:36:19,640
14th. That's at 5:30 p.m. here in the
City Council Chambers. Uh they have two

541
00:36:17,040 --> 00:36:24,960
items on their agenda. One is a rezoning
request. The rezoning request is from R1

542
00:36:22,280 --> 00:36:29,400
to R3. And this is the uh Nelson
property uh that runs basically from the

543
00:36:27,400 --> 00:36:34,520
west side of North University over to
the Dakota Dome. You have the USD tennis

544
00:36:31,680 --> 00:36:39,240
courts to the north and the um
uh Coyote Village property uh to the

545
00:36:36,880 --> 00:36:44,360
south. So, that rezoning request is from
R1 to R3 zoning. Uh the second item on

546
00:36:42,360 --> 00:36:48,440
the agenda is the continued uh community
discussion on the data data center

547
00:36:46,560 --> 00:36:52,800
ordinances. So, they'll be continuing
that discussion. I would note the

548
00:36:50,360 --> 00:36:56,280
September 14th school board meeting is
going to be at the Vermillion High

549
00:36:54,000 --> 00:37:00,160
School next Monday the 14th, so we won't
have that conflict um here between the

550
00:36:58,920 --> 00:37:03,520
planning zoning commission and the
school board.

551
00:37:01,680 --> 00:37:06,560
Uh speaking of boards, we do have a
couple of boards or commissions that

552
00:37:04,880 --> 00:37:11,520
have seats that are open. Our Human
Relations Commission, we have a 1-year

553
00:37:08,360 --> 00:37:15,840
term uh for post-secondary uh student.
That term remains open. Our Business

554
00:37:13,840 --> 00:37:20,280
Improvement District, it's a 3-year term
for This seat needs to be filled by an

555
00:37:17,880 --> 00:37:24,240
owner or manager of a lodging property.
Uh that term is available. And then the

556
00:37:22,400 --> 00:37:27,640
Vermillion Housing Authority has a a
5-year term that's available on that

557
00:37:26,080 --> 00:37:32,240
board as well. And then we're going to
be starting the process um to fill seats

558
00:37:30,520 --> 00:37:34,720
that are expiring on Business
Improvement District number one,

559
00:37:33,480 --> 00:37:39,640
Business Improvement District number
two, and the Tree Board.

560
00:37:37,480 --> 00:37:43,160
Uh two recent uh
plats that have been administratively

561
00:37:41,800 --> 00:37:49,720
approved uh
in the recent weeks. One is lots 10A,

562
00:37:46,040 --> 00:37:55,320
11A, 13A of Block 23 Van Meter Addition.
Um that's 900 block of West Main Street.

563
00:37:53,160 --> 00:37:59,720
Uh the other one is Tracts 1, 2, and 3
Pioneer Addition. That's on the 700

564
00:37:57,560 --> 00:38:04,160
block of West Broadway.
Included, it is raffle season. In your

565
00:38:01,800 --> 00:38:06,560
packet, were uh four different raffles.
And so, I'll just kind of note those so

566
00:38:05,480 --> 00:38:10,880
we can get those included in the
minutes. Uh the Vermillion Pink Ladies,

567
00:38:09,000 --> 00:38:15,360
they are selling $5 raffle tickets
September 19th to April 3rd of next

568
00:38:13,720 --> 00:38:18,840
year. This is to raise funds to assist
individuals and families that are

569
00:38:16,640 --> 00:38:24,640
battling cancer. The first, second, and
third place prizes are $500, $250, and

570
00:38:22,080 --> 00:38:28,280
$100. Um the balance of these funds are
used to help provide the assistance.

571
00:38:26,720 --> 00:38:32,080
Uh the Vermillion After Prom Committee
had two raffle notifications that were

572
00:38:30,040 --> 00:38:35,480
part of your packet. Their first raffle
notification, uh they're selling uh

573
00:38:33,720 --> 00:38:41,480
tickets at You can buy one ticket for
$10, three tickets for $25, or five for

574
00:38:38,880 --> 00:38:46,400
$40. Uh they'll be sold those September
30th to October 20th of this year. The

575
00:38:43,960 --> 00:38:50,000
prize is two tickets to the USD
University of Minnesota volleyball match

576
00:38:48,040 --> 00:38:54,200
at the Sanford Pentagon, and also
includes a stay at the Grand Falls

577
00:38:51,320 --> 00:38:57,880
Hotel. Value is approximately $350, and
the proceeds will be used to support the

578
00:38:56,240 --> 00:39:00,720
after prom event.
The other raffle for Vermillion After

579
00:38:59,280 --> 00:39:07,120
Prom Committee, they're selling tickets
again a dollar one ticket for $10, three

580
00:39:03,360 --> 00:39:10,920
tickets for $25, or five for $40. Those
tickets are sold August 27th to

581
00:39:08,960 --> 00:39:14,440
September 11th of this year.
Uh so, time's running out on that one.

582
00:39:12,320 --> 00:39:18,760
The prize is four tickets to the USD
SDSU football game in Brookings on

583
00:39:16,640 --> 00:39:22,360
Saturday, October 31st. And again, the
proceeds from this raffle will be used

584
00:39:20,280 --> 00:39:26,600
to support the after prom event. The
final raffle notification is uh St.

585
00:39:24,240 --> 00:39:30,480
Agnes is selling $1 raffle tickets as
part of their fall festival. Tickets

586
00:39:28,560 --> 00:39:35,400
will be sold September 26th until the
drawing on October 19th. And the top

587
00:39:32,960 --> 00:39:39,520
prize is $500, and the proceeds go to
St. St. Agnes Church for general use.

588
00:39:38,360 --> 00:39:41,880
That's all that I have, Mayor.
>> Thank you.

589
00:39:48,240 --> 00:39:55,120
well attended. The two issues that are
up there are very uh popular, both the

590
00:39:53,600 --> 00:39:59,520
uh
Nelson property is going to be there

591
00:39:57,320 --> 00:40:03,920
University's going to be there, and and
uh and also the uh definitions for the

592
00:40:03,000 --> 00:40:08,200
um
data center issues is up there. So,

593
00:40:05,400 --> 00:40:11,400
there could be a quorum attending that
meeting as there was a month ago when

594
00:40:10,160 --> 00:40:14,680
they first started considering data
centers. Just a heads-up on that in that

595
00:40:13,600 --> 00:40:20,840
regard.
Also, next meeting on the 21st, the SGA

596
00:40:19,000 --> 00:40:24,840
student rep will be here. We might want
to mention privately to her that we have

597
00:40:23,080 --> 00:40:27,880
an opening on the human
human relations commission. Perhaps she

598
00:40:26,720 --> 00:40:31,000
can help us
fill that spot.

599
00:40:29,440 --> 00:40:34,400
» I already emailed Don about that.
>> Oh, you did, huh? Okay, brilliant. You

600
00:40:32,600 --> 00:40:38,280
know, great minds think alike. Okay.
Very good. Thank you very much.

601
00:40:36,200 --> 00:40:40,720
Um and then the library board, how's
that going? Are you

602
00:40:39,800 --> 00:40:44,400
» Magnificent.
>> Fantastic. Thank you very much. That's

603
00:40:42,400 --> 00:40:48,480
one of the more busy boards we have. So,
thank you for taking that on. Thank you

604
00:40:45,960 --> 00:40:52,400
for taking that on.
All right. And if there's nothing else,

605
00:40:50,000 --> 00:40:57,560
I would entertain a motion. Yes, Mike.
>> I have just one question that is

606
00:40:54,040 --> 00:41:01,120
probably not going to be very popular.
The planning and zoning commission now

607
00:40:59,320 --> 00:41:04,920
has had two meetings over this data
center.

608
00:41:03,160 --> 00:41:08,600
And pretty much everybody is saying the
same thing from what I gather over and

609
00:41:06,840 --> 00:41:12,240
over and over again. How long do they
have to keep going

610
00:41:10,480 --> 00:41:15,240
before they have can move on that or
have to move on that?

611
00:41:14,120 --> 00:41:19,080
To me,
I know everybody gets their voice.

612
00:41:17,280 --> 00:41:23,200
That's the That's a great thing about
being in a living in America. But at

613
00:41:21,480 --> 00:41:28,120
some point,
we have to move on.

614
00:41:25,840 --> 00:41:31,800
» So, I
I believe the plan at this point in time

615
00:41:29,840 --> 00:41:36,240
and I don't I mean to box in the
planning and zoning commission, but my

616
00:41:32,840 --> 00:41:41,760
understanding is that they are going to
1565 is the first ordinance and that was

617
00:41:38,440 --> 00:41:46,320
the definitions. That they're going to I
believe start with 1566

618
00:41:44,600 --> 00:41:51,080
because that hasn't really had the same
discussion as the first two had and then

619
00:41:49,160 --> 00:41:56,160
work their way through that.
Staff has prepared some

620
00:41:53,400 --> 00:42:01,360
updated information for 1565, the
definition one definition ordinance. So,

621
00:41:59,400 --> 00:42:04,800
if they're able to present that that
they will. So, they're

622
00:42:03,840 --> 00:42:08,840
they're having that, you know,
discussion, they're working through

623
00:42:05,880 --> 00:42:11,880
those. I would envision
they'll be

624
00:42:10,320 --> 00:42:16,640
I would have to say at least one more
meeting because I would anticipate 1565

625
00:42:15,360 --> 00:42:21,440
staff is ready to bring back some
changes based on what was heard at the

626
00:42:18,760 --> 00:42:24,880
previous meetings. The other
five ordinances haven't really had that

627
00:42:23,000 --> 00:42:29,720
same level of review. I'm anticipating
at least something is going to change in

628
00:42:26,720 --> 00:42:32,600
those. And so then staff would
prepare those changes with the

629
00:42:31,240 --> 00:42:37,560
discussion that they had and bring those
back. Um so

630
00:42:35,720 --> 00:42:41,320
there's not a limit to how many times it
can be discussed, but I would envision

631
00:42:39,480 --> 00:42:45,960
there's at least two more meetings
before they would be looking at voting

632
00:42:42,680 --> 00:42:49,680
on them. That'd be my guess.
>> Okay. I'm just curious cuz you know as

633
00:42:48,440 --> 00:42:53,800
well as I do, the room's going to be
full of people and they're all going to

634
00:42:51,680 --> 00:42:58,040
get up and say no, no, no and there'll
be one or two that'll say yes.

635
00:42:56,120 --> 00:43:02,640
But when I was here at the first one, a
lot of stuff was repeated.

636
00:43:00,840 --> 00:43:06,560
And
I just feel that if something needs to

637
00:43:04,160 --> 00:43:11,080
happen, needs to either move on with it
or just forget it. That's what that's my

638
00:43:08,760 --> 00:43:15,600
opinion right now, so. And like I say,
I'm probably going to get run through

639
00:43:13,280 --> 00:43:18,080
the mill on this, but that's how I feel
right now.

640
00:43:22,360 --> 00:43:27,800
» A lot of committees have the same issue
the same procedure we have, you know,

641
00:43:26,120 --> 00:43:31,640
you're allowed 3 minutes or 5 minutes
and they'll 100 people will go up there

642
00:43:29,760 --> 00:43:34,680
and talk for 5 minutes and that you're
here till 3:00 in the morning. That has

643
00:43:33,280 --> 00:43:38,840
happened cuz that's written into our
code. Yes, Julia. You

644
00:43:37,240 --> 00:43:43,760
» I wonder if it's
allowable, but um I know that I was at a

645
00:43:41,480 --> 00:43:46,640
library board meeting where it was same
kind of thing, the sentiments were

646
00:43:44,800 --> 00:43:52,440
really high and everybody wanted to have
their voice heard. And what they decided

647
00:43:48,840 --> 00:43:57,480
to do was to do either a poll sort of
show of hands of who has this opinion or

648
00:43:55,440 --> 00:44:01,480
a a written statement so everyone could
feel like they had expressed their

649
00:43:59,400 --> 00:44:05,080
preferences even if they did not speak
for a full 5 minutes. And so I'm not

650
00:44:03,080 --> 00:44:09,240
sure if maybe we can explore some of
those legal options for input that we

651
00:44:07,920 --> 00:44:14,440
can offer to the planning and zoning
commission as sort of way to

652
00:44:12,320 --> 00:44:19,640
facilitate and expedite the meetings
without shutting people out.

653
00:44:17,080 --> 00:44:25,120
» Trust me, the last thing I want to do is
not have people their voices heard.

654
00:44:22,160 --> 00:44:29,400
Please understand that. But, I just feel
that there there's got to be and I agree

655
00:44:27,000 --> 00:44:33,600
with you, there has to be a better way
than sitting here and having the same

656
00:44:31,480 --> 00:44:36,040
thing over and over and over and over
for 2 to 3 hours every time.

657
00:44:35,440 --> 00:44:39,280
» Yep.
>> Um

658
00:44:37,560 --> 00:44:42,760
I'm just kind of
I'm looking out for the planning and

659
00:44:40,520 --> 00:44:46,960
zoning commission kind of from my angle
of it that they've heard this now twice

660
00:44:45,680 --> 00:44:50,640
or three times. It's going to be
probably two to three more times and the

661
00:44:48,920 --> 00:44:54,600
rooms are going to be full with the same
people saying the same stuff over and

662
00:44:52,520 --> 00:44:57,720
over and over again.
I just

663
00:44:56,080 --> 00:44:59,480
wish there was a way to streamline it
for them.

664
00:44:58,120 --> 00:45:04,160
» Yeah. I'm glad you brought that up
because our

665
00:45:02,240 --> 00:45:07,360
our agenda says that public speakers
have 5 minutes to speak. They don't have

666
00:45:06,280 --> 00:45:11,640
that in the planning and zoning
commission

667
00:45:08,560 --> 00:45:15,680
agenda. So, if you can advise
we we have a good chair in the planning

668
00:45:13,920 --> 00:45:21,200
and zoning of Matt Fairholm. He's very
competent. And if you have suggestions

669
00:45:18,320 --> 00:45:26,520
on how he can streamline a meeting in
which 100 people have say want to say

670
00:45:23,400 --> 00:45:30,680
exactly the same thing. I don't want the
public voice to be a tool to stifle the

671
00:45:29,600 --> 00:45:33,840
planning and zoning commission. I want
to know what they have to say, but I

672
00:45:32,000 --> 00:45:37,680
don't want them to be obstructive to the
process. If you can throw out some

673
00:45:35,680 --> 00:45:42,160
suggestions and we'll forward them to
Matt Fairholm.

674
00:45:39,160 --> 00:45:42,160
» Thank you very much, Mike.

675
00:45:42,920 --> 00:45:46,040
Is there anything else for the good of
the order?

676
00:45:45,080 --> 00:45:48,120
» Yes.
>> So,

677
00:45:46,960 --> 00:45:51,040
as
during one of our zoning meetings

678
00:46:11,240 --> 00:46:13,600
» No.

679
00:46:14,160 --> 00:46:19,760
John, about the Human Relations
Commission meetings, and it wasn't so

680
00:46:18,080 --> 00:46:23,160
horrible when you gave us that two or
three months ago. The The meetings were

681
00:46:22,120 --> 00:46:25,880
like
three out of the four meetings had

682
00:46:24,280 --> 00:46:30,560
occurred. You gave us [clears throat] a
summary.

683
00:46:27,920 --> 00:46:34,400
» So, yeah, I think the one I Speaking of
the last time they had a quorum, so they

684
00:46:32,680 --> 00:46:38,760
have a a meeting typically on the first
Thursday of the month. The last time

685
00:46:37,160 --> 00:46:40,120
that they were able to have a quorum was
their May meeting.

686
00:46:39,680 --> 00:46:44,040
» Okay.
>> Um June, July, August, and September,

687
00:46:42,440 --> 00:46:45,160
they've not been able to establish a
quorum.

688
00:46:44,680 --> 00:46:48,760
» Oh.
>> And it's

689
00:46:46,960 --> 00:46:53,840
it rotates, and
it's not the same member gone each time.

690
00:46:51,160 --> 00:46:58,320
It's It's they just have uh not been
able to put together four members out of

691
00:46:55,800 --> 00:47:02,280
the seven. And as I noted, the one has
never been filled, but they still have

692
00:46:59,760 --> 00:47:05,640
to four members to have a quorum. And
so, they're trying to get four out of

693
00:47:03,560 --> 00:47:09,520
six, and um
they have uh struggled since May to have

694
00:47:08,080 --> 00:47:11,920
four people present.
>> I see.

695
00:47:10,640 --> 00:47:15,280
So, what do you suggest, Gary?
>> I think we need to find a time when they

696
00:47:13,360 --> 00:47:18,200
can meet.
>> Maybe it's the time that they're

697
00:47:16,400 --> 00:47:23,120
selecting?
>> Um due to D-Day's being the week of

698
00:47:21,360 --> 00:47:27,160
their October meeting, they did adjust
their October meeting date to a

699
00:47:24,280 --> 00:47:30,480
September 29th. So, we do have a quorum
set for that date, so

700
00:47:29,120 --> 00:47:34,920
hopefully we're able to all meet,
nothing else pops up. Um a lot of times

701
00:47:32,920 --> 00:47:39,440
it's just sick kid, or if they're sick
themselves, or they're caring for a sick

702
00:47:36,520 --> 00:47:42,360
kid. It's just been
a couple of things that just have

703
00:47:40,840 --> 00:47:45,680
snowballed together that usually don't
happen. They're usually really good

704
00:47:44,240 --> 00:47:49,200
about meeting. It's just been a weird
summer for them.

705
00:47:47,240 --> 00:47:52,680
» Is there a possibility of doing as we
were doing with Dave Lias, having them

706
00:47:51,080 --> 00:47:55,000
come in by Zoom? If I got a sick kid,
maybe I can Zoom in.

707
00:47:54,200 --> 00:47:56,480
Is that a possibility for these
meetings? I don't know where they're

708
00:47:55,680 --> 00:47:59,880
held.
>> They're held in the pal the pal

709
00:47:59,000 --> 00:48:04,120
conference room. They were in a
different room. They moved back to pal.

710
00:48:02,120 --> 00:48:06,160
Um it's
I don't know that that would have

711
00:48:05,040 --> 00:48:09,560
helped. It was just different
commitments have kept them from it. Um

712
00:48:08,440 --> 00:48:13,880
one
um had a a youth activity sports

713
00:48:12,600 --> 00:48:17,760
activity that they were at. So it
wouldn't have been feasible for them to

714
00:48:15,000 --> 00:48:23,520
participate. One couple months ago had
um the community theater practice. And

715
00:48:19,560 --> 00:48:25,520
so it's been just a series of different
things.

716
00:48:24,000 --> 00:48:28,680
» Well, I can see how awkward it would be
to fill the student position during the

717
00:48:27,080 --> 00:48:33,120
summer. They're not here. They're not
here at all. So I can I can understand

718
00:48:30,920 --> 00:48:36,080
during the summer. So maybe we'll
Do you attend those meetings, Alex? Do

719
00:48:34,440 --> 00:48:40,840
you So if you can mention there's a
concern about lack of meetings and

720
00:48:39,000 --> 00:48:45,720
recommit.
And we'll see how we'll see how it goes.

721
00:48:42,200 --> 00:48:45,720
We'll track it. We'll keep tracking it.

722
00:48:45,800 --> 00:48:50,520
Anyway, thank you very much, John. Thank
Alex.

723
00:48:49,600 --> 00:48:53,000
If there's nothing else, I would
entertain a motion to adjourn.

724
00:48:52,160 --> 00:48:55,040
» So moved.
>> All in favor?

725
00:48:54,280 --> 00:48:59,800
» Aye.
>> No second needed. No second needed.

726
00:48:58,360 --> 00:49:01,720
We're adjourned.
>> Thank you.

727
00:49:00,440 --> 00:49:04,313
» You but I forgot.
>> Eight years.

728
00:49:02,293 --> 00:49:04,313
» [laughter]