[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]