OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Vermillion City Council and Clay County Joint Meeting – September 3, 2025

City Council — Wednesday, September 3, 2025
BodyVermillion, South Dakota
SessionCity Council
DateWednesday, September 3, 2025
StatusFILED
Video Record
0:00 / 2:10:34

Transcript — Verbatim
0:11

We will call the uh 6 p.m.

0:13

joint meeting with the Clay County Commission to order.

0:15

Katie, will you call roll?

0:19

Here, call in general.

0:25

Here you want to use any sure that sure we can certainly do that.

0:32

Uh has everyone had a chance to review uh the joint uh jurisdiction meeting agenda is so there are any changes in that agenda.

0:39

Is there a motion to adopt?

0:42

Second motion adopted by counselor Holland, a second by counselor hill getting a discussion on the agenda?

0:46

All in favor say aye.

0:48

Aye.

0:48

Aye.

0:49

Opposed saying nay.

0:51

Go ahead.

0:52

Call click on a new order.

0:54

Um motion to second further discussion.

1:10

Hearing the order was the favorite.

1:11

Aye.

1:12

Aye.

1:15

All right.

1:15

Um visitors to be heard.

1:18

There are any visits to be heard on anything not on the agenda today for the joint jurisdiction meeting.

1:22

I do understand that the council has a meeting afterwards, and we'll have another visitors be heard during that section.

1:27

So this is just for the joint jurisdiction.

1:31

This do it for joint jurisdiction or just the city one because we got a city meeting after this.

1:37

Joint.

1:37

Okay.

1:38

If I could please.

1:38

Uh Dr.

1:39

Damon LV Vermillion School Superintendent.

1:41

I usually get the opportunity to come and thank both the councils and the county commission uh separately, but uh since you're here tonight, I'd I'd like to take the opportunity to once again thank uh you publicly for your contributions to our public school system.

1:56

Um namely the things that most people remind me of and you guys are most notable for is providing our SRO programs.

2:03

Uh the Clay County Sheriffs uh have a presence in our buildings as well as does the uh the Vermilion Police Department in our buildings due to your budgeting and and your foresight to help keep those buildings safe.

2:14

So we wanted to thank you uh in light of all the things that happen nationally.

2:18

It is really a peace of mind to have your support and the support of law enforcement in our buildings.

2:24

Uh but more importantly than that sometimes is all the little things the county does and the city does to help our uh school district run, whether it's keeping roads open for school business, uh county roads can be really messy and sloppy and difficult to get down with big buses, and uh over and over again um your your superintendent of roads does a great job of making sure that our roads are safe for kids to drive on and for our buses to get to.

2:48

Uh and of course the city doing the same thing within the city limits, uh helping with our parades and helping with all things that uh are important to public education.

2:57

So I just wanted to make sure I had an opportunity to get before you and thank you on behalf of our staff and our students and our families.

3:03

So thank you again.

3:06

Thank you.

3:08

Are there any other visitors to be heard?

3:10

Okay.

3:12

Seeing none, uh move to joint old business.

3:15

Uh we have a second reading of ordinance 1533.

3:18

It's the reference of uh light industrial district zoning permitted use.

3:25

Who wants to start it off?

3:26

Noah, so it's gonna be the same paper that we had last week or the previous meeting.

3:40

Um I have the affidavits of publication for all the meetings and newspapers that we've had.

3:46

Um but on top of that, um, in front of you guys, I uh gave you a noise level, and then on the back side is what is called a tugger.

3:56

Um it's just a diesel truck, it can jump on and off the rails as needed.

4:02

It's quiet.

4:03

Um the 80 part is gonna be the louder side.

4:09

As you can see, it's more quiet than a lawnmower.

4:12

And then below that is the uh normal conversation, so at the idle.

4:18

So um, but other than that, it's gonna be an amendment to the light industrial.

4:23

Um cars can't be made there, but um trail cars themselves can be fixed there along with getting uh cleaned 99.9% of the time, it's just water or air.

4:38

So and then we also made it so there's uh hours of six to nine um along with having if they do wash it, all the containments is contained to the site.

4:49

So is there any questions about that so far?

4:55

Couldn't hear the first part of the you said we hold on one second, sir.

5:00

We've hold on one second, sir.

5:03

Um before we do that, we'll have Jose present and then we'll we'll have public comment, then we'll do the questions.

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████████████████34%
Public Engagement███████████11%
Procedural██████████10%
Budget Equity Analysis███████7%
Economic Development██████6%
Affordable Housing██████6%
Public Safety█████5%
Utilities Management█████5%
Historic Preservation█████5%
Summary of Proceedings

Vermillion City Council and Clay County Joint Meeting – September 3, 2025

The City of Vermillion City Council and Clay County Commission held a joint meeting on September 2, 2025 (recorded September 3) starting at 6:00 p.m., followed by the regular city council meeting. Key actions included approval of a light industrial zoning amendment, first reading of a controversial rezoning ordinance, budget readings, and various administrative items.

Public Comments & Testimony

  • Dr. Damon, Vermillion School Superintendent – Expressed gratitude to both the city and county for ongoing support of the school system, particularly the School Resource Officer program and road maintenance for school buses.
  • Sue Christensen (resident, 1818 Constance Drive) – Opposed the proposed light industrial zoning amendment (Ordinance 1533) citing noise concerns and requested hours be restricted, as the allowed 6 a.m. to 9 p.m. seemed excessive.
  • Patrick Roach (1818 Constance) – Concerned about pneumatic wrench noise during early morning or evening hours, and asked whether work would be indoors.
  • Kelly Person (1330 Overdrive) and Cheryl O’Connor – Expressed skepticism about noise levels from train cars and questioned the existence of an access road easement through their property; argued that railcar repair is heavy, not light, industrial.
  • Jim Peterson (Chamber and Development Company) – Supported the light industrial zoning change, stating the prospective company (unnamed per NDA) would service grain cars, create 15–25 family-wage jobs, and use a quiet tugger; noted the governor’s office supports the project.
  • Cole Crosby (company representative, North Dakota) – Clarified that railcars would be dropped once a week during daylight, noise is intermittent, and their other locations near residential areas have had no issues.
  • Julie Berry (resident, 447 North Plum #53, via letter read by Jose) – Strongly opposed the rezoning of Plum Vista Trailer Court (Ordinance 1538), stating it would displace six families, many on fixed incomes, and asked for relocation assistance and a clear timeline.
  • Jim Peterson (also speaking on Ordinance 1538) – Noted the mobile homes are personal property with 30-day leases; acknowledged human impact but recommended approval to allow redevelopment.
  • William Wood (new property owner) – Expressed willingness to delay development until June 1, 2026, and to work with tenants on relocation, but would not offer direct financial assistance for moving trailers. He stated he would not force people out without developing the property.
  • Lenny Billberg (Plum Street resident and library board member) – Urged council to proceed with Carnegie Library restoration, offering support for fundraising.

Discussion Items

  • Second Reading – Ordinance 1533 (Light Industrial Zoning Amendment) – Noah presented noise level data (max 85 decibels inside facility, quieter than a lawnmower) and described the tugger used to move railcars. Hours set 6 a.m. to 9 p.m. Council discussed that the site is motivated by a former grain elevator site and that decibel levels are logarithmic. Public testimony as above. The joint body voted unanimously to approve (city council 9-0; county also passed).
  • Building Permit Fee Waivers for Public Entities – A commissioner proposed a resolution to waive permit and inspection fees for city, county, and school district projects. Superintendent Damon supportive. Council agreed in concept; city attorney to draft a resolution for future meetings.
  • First Reading – Ordinance 1538 (Rezoning from R2/R4 to R3 for Michael’s Edition) – Jose explained the property is split between R2 (south two-thirds) and R4 (north one-third, mobile homes). Owner William Wood plans higher-density apartments. Planning and Zoning Commission recommended approval 4-2. Concerns about displacing six existing trailer households. Council discussed delaying the effective date. Mr. Wood offered a delay to June 1, 2026. The first reading initially failed on a roll call (4 yes, 5 no) due to lack of a delayed effective date. A subsequent motion to reconsider with the effective date of June 1, 2026 passed (6 yes, 2 no, with one abstention? Roll call: Lieber no, Price yes, Holland yes, Genoine yes, Hellwig yes?, Cheeseman yes, Murrah no, Mayor yes? – Actually from transcript: after reconsider, roll call: Lieber – no, Price – ?, Holland – yes, Genoine – yes, Hellwig – yes, Cheeseman – yes, Murrah – no, Mayor – yes. So 6 yes, 2 no. So first reading approved with delayed effective date.)
  • Review of Malt Beverage Markup Receipts – John presented the ordinance requiring annual review. All proceeds go to Prentice Park bond debt service ($197,725 annually). Projected 2026 markup revenue: $150,000. Council voted to continue the 5% wholesale fee.
  • Human Relations Commission Appointment – Jose recommended Jordan Bonstrom to fill a vacancy, citing his prior experience. Approved.
  • Resolution on Special Assessment Hearing for Nuisance Abatement – Set public hearing for October 6, 2025 on unpaid nuisance abatement costs. Approved.
  • First Reading – Ordinance 1539 (Budget Revision for 2025) – General fund increased from $9.8M to $10.5M; changes include transfers for TIF 8 demolition and Carr Street project. Approved for second reading.
  • First Reading – Ordinance 1540 (2026 Budget Appropriation) – Property tax revenue increases to $3.3M (growth plus TIF 6 closure); sales tax projected 3% increase; includes 3% COLA for employees; utility rate increases for sewer, recycling, stormwater. Approved for second reading.
  • Resolution on Blue Peak Cable Asset Transfer – Consent to transfer franchise to a wholly owned subsidiary; no change in services or rates. Approved.
  • Carnegie Library Restoration – City received $14,000 grant requiring $14,000 match. Two quotes: $96,000 (Restoric) and $9,400 (Scott Peterson) for window removal to assess dome damage. Council voted to accept Scott Peterson’s quote to proceed with evaluation and possible repair, with intent to use the grant funds.
  • Declare Surplus Airport Tug – USD gifted a newer, enclosed tug; the city’s old 1950s army surplus tug will be sold via Purple Wave auction. Approved.
  • Temporary Street Closure for High School Homecoming Parade – Main Street from Norbeck to High Street closed September 19, 1:00-3:00 p.m. Approved.
  • Fuel Quotes Bid Openings – Low bids accepted for fuel items.
  • Special Meeting Request – Council agreed to hold a special meeting on September 22 at noon to approve a USDA grant application for a new ambulance.

Key Outcomes

  • Ordinance 1533 (Light Industrial Amendment) – Approved by both city council (9-0) and county commission.
  • Ordinance 1538 (Rezoning to R3) – First reading approved with an effective date of June 1, 2026. Second reading scheduled for September 15, 2025.
  • Malt Beverage Markup – Continued at 5% to fund Prentice Park bond.
  • Human Relations Commission – Jordan Bonstrom appointed.
  • Nuisance Abatement Special Assessment – Public hearing set for October 6, 2025.
  • Budget Revisions and 2026 Budget – First readings approved; second readings at September 15 meeting.
  • Blue Peak Cable – Consent granted for asset transfer.
  • Carnegie Library – Approved to proceed with Scott Peterson for window removal/evaluation.
  • Airport Tug – Declared surplus; authorized sale via Purple Wave.
  • Homecoming Parade – Street closure approved.
  • Fuel Bids – Low bids accepted.
  • Special Meeting – Scheduled September 22, 2025 at noon for ambulance grant approval.

Meeting Transcript

We will call the uh 6 p.m. joint meeting with the Clay County Commission to order. Katie, will you call roll? Here, call in general. Here you want to use any sure that sure we can certainly do that. Uh has everyone had a chance to review uh the joint uh jurisdiction meeting agenda is so there are any changes in that agenda. Is there a motion to adopt? Second motion adopted by counselor Holland, a second by counselor hill getting a discussion on the agenda? All in favor say aye. Aye. Aye. Opposed saying nay. Go ahead. Call click on a new order. Um motion to second further discussion. Hearing the order was the favorite. Aye. Aye. All right. Um visitors to be heard. There are any visits to be heard on anything not on the agenda today for the joint jurisdiction meeting. I do understand that the council has a meeting afterwards, and we'll have another visitors be heard during that section. So this is just for the joint jurisdiction. This do it for joint jurisdiction or just the city one because we got a city meeting after this. Joint. Okay. If I could please. Uh Dr. Damon LV Vermillion School Superintendent. I usually get the opportunity to come and thank both the councils and the county commission uh separately, but uh since you're here tonight, I'd I'd like to take the opportunity to once again thank uh you publicly for your contributions to our public school system. Um namely the things that most people remind me of and you guys are most notable for is providing our SRO programs. Uh the Clay County Sheriffs uh have a presence in our buildings as well as does the uh the Vermilion Police Department in our buildings due to your budgeting and and your foresight to help keep those buildings safe. So we wanted to thank you uh in light of all the things that happen nationally. It is really a peace of mind to have your support and the support of law enforcement in our buildings. Uh but more importantly than that sometimes is all the little things the county does and the city does to help our uh school district run, whether it's keeping roads open for school business, uh county roads can be really messy and sloppy and difficult to get down with big buses, and uh over and over again um your your superintendent of roads does a great job of making sure that our roads are safe for kids to drive on and for our buses to get to. Uh and of course the city doing the same thing within the city limits, uh helping with our parades and helping with all things that uh are important to public education. So I just wanted to make sure I had an opportunity to get before you and thank you on behalf of our staff and our students and our families. So thank you again. Thank you. Are there any other visitors to be heard? Okay. Seeing none, uh move to joint old business. Uh we have a second reading of ordinance 1533. It's the reference of uh light industrial district zoning permitted use. Who wants to start it off? Noah, so it's gonna be the same paper that we had last week or the previous meeting. Um I have the affidavits of publication for all the meetings and newspapers that we've had. Um but on top of that, um, in front of you guys, I uh gave you a noise level, and then on the back side is what is called a tugger. Um it's just a diesel truck, it can jump on and off the rails as needed. It's quiet.

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