City Council Agendas, Packets and Minutes - Regular Meeting

Vermillion City Council meeting scheduled for Monday, July 6th, 2026 at 6 p.m. will come to order. Alex, will you call roll?

Toller. Here. Lieber. Here. Price. Here. Holland. Here. Genowine.

Here.

Helwig. Here. Cheeseman. Here. Murrah.

Here.

Mayor Cole.

Here. Will you please stand for the pledge?

of the United States of America, and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Is there a chance to review the minutes from the June 15, 2026 special meeting, the June 15, 2026 regular meeting, and the June 23, 2026 special meeting? If so, are there any changes to the minutes or a motion to approve? Motion to approve by Councilor Murray. Is there a second? Second. Second by Councilor Helwig. Any other discussion on the minutes? All those in favor, signify by saying aye.

Aye.

Opposed by saying nay. Aye. Motion carries, minutes are approved. Adoption of the agenda. Does everyone have a chance to review the agenda? If so, are there any changes to the agenda or is there a motion to adopt? Motion to approve the agenda by Councilor Price. Is there a second? Second by Councilor Cheeseman. Any other discussion on the agenda? All those in favor, stand by by saying aye. Opposed by saying nay. Agenda is hereby adopted. For visitors to be heard. Under visitors to be heard, persons addressing the council shall use the microphone at the podium. Please raise your hand before being heard to be recognized and go to the podium and state your name and address. For items not on the agenda, members of the public may speak under visitors to be heard for any topic not on the agenda. Remarks are limited to five minutes and no decision will be made at this time. On each agenda item, public testimony will then be given, will be taken. By the beginning of each agenda item, after the subject has been announced and explained by mayor and staff, any citizen who wishes to speak for each agenda item may speak for five minutes, and public testimony will then be closed on the topic given to the governing body for possible action. At that point, only council members and staff may discuss the current item unless there is unanimous consent from the council. Questions, however, may be directed to staff or members of the public through the presiding officer at any time. We also have a park and rec month proclamation, and we also have some outgoing council members. So aside from those things, are there any visitors to be heard on anything not on the agenda tonight? Seeing none, first thing we have for parks and recreation month, proclamation designation of July as parks and recreation month. Whereas parks and recreation programs are an integral part of communities throughout this country, including Vermilion, and whereas parks and recreation are vital and important to establishing and maintaining the quality of life in our community and ensuring the health of all citizens and contributing to the economic and environmental well-being of our community, and region, and whereas Vermilion Parks and Recreation programs build a healthy and active community that aids in the prevention of chronic disease and improves the physical, mental, and emotional health for all citizens, and whereas our parks and recreation programs increase the community's economic prosperity through increased property values, expansion of local tax base, increased tourism, the attraction and retention of businesses, and crime reduction, and whereas parks and recreation programs and education activities such as programming, youth sports, and environmental education are critical to childhood development, and whereas our parks and national recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and Recreate outdoors and whereas the United States of House Representatives has designated July as Parks and Recreation Month, and whereas the City of Vermillion recognize the benefits derived from Parks and Recreation Services, now, therefore, be it resolved, we, the governing body of the City of Vermillion, South Dakota, do hereby proclaim July of 2026 as Parks and Recreation Month, encourage all residents to participate in this observance, by being outside and enjoying your local parks and recreation areas. Dated this day, 6th of July, 2026, Vermilion, South Dakota. And if we have the Parks and Recreational Department head, Jim Goblish, come up. Proclamation. Jim, if you'd like to say anything, I'll limit you to five minutes.

Make it longer for you tonight. But thank you, Mr. Mayor, for recognizing Parks and Recreation Month. And thank you to the council for supporting our local Parks and Recreation Department. With all your support. This wouldn't happen. Also what wouldn't happen is without the great staff that I have underneath me here on the park side, the recreation side, and we like to throw the golf in there too. We are really a small department, but we try and serve the citizens in a big way each and every day. So I appreciate it and thank you for the recognition. Thank you, Jim.

Are there any other visitors to be heard? I also want to recognize, I forgot to mention on the consent agenda, if anybody wants to speak on the consent agenda items, also speak now as well. Are there any visitors to be heard? Seeing none, moving on. We have no public hearing, so we'll move on to the consent agenda. We have the invoices payable and the final plot of lot 5B, 6B, 7B, 8B, 9B, 10B, 11B, 12B, 13B, 14B, and 15B of block one lots 1B, 2B, 3B of block six and out lot 1B on the Bliss Point addition in the city of Vermillion. Is there anything on the consent agenda council wishes to remove? None. Is there approval of the consent agenda? Motion to approve the consent agenda by Councillor Price. Is there a second?

I'll second.

Second by Councillor Holland. Any discussion on the consent agenda? All in favor of approval of the consent agenda, signify by saying aye. Opposed by saying nay. Consent agenda is approved. Moving to oil business, we have a second reading of Ordinance 1558 to amend Title I of General Provisions. This is a reference to wards and boundaries to establish new ward boundaries to reflect recent annexations.

Thank you. The city annexed Munger Tracks 1 through 3 and the Bluestump Tracks earlier this year. The Munger Tracks are located on the west side of South Dakota Highway 19 and south of the Vermilion River. The Bluestump Track is located on the east side of North Crawford Road and approximately 500 feet north of East Main Street. If this ordinance is approved, the Munger Tracts would become part of the Northwest Ward and the Blue Stem Tract would become part of the Southeast Ward. Currently, both areas are vacant, so there would not be an increase in the population for either of the wards. The City Council considered the first reading of this ordinance on June 15th and unanimously advanced the ordinance to a second reading. No changes have been made to the ordinance since then. Administration recommends approval of the second reading of ordinance 1558. A roll call vote is required with the second reading of an ordinance.

Thank you, Alex.

Did it go up there? Okay, thank you. Is there any business to be heard on this topic? Seeing none, council members, for any discussion on this item? Is there any motions? Motion. Motion approved by Councilor Lieber. Is there a second? Second. Second by Councilor Holland. Any discussion on this? Move to the voting machines. Nine yeas, zero nays, motion carries. That'll conclude old business, no new business, so we will move on to the presentation of outgoing council members. For this process, what I'll do is I will recognize the outgoing council members, allow them to speak, and then allow any members of the public to speak as well after the council member wishes to speak. First up, we'll recognize Catherine Price, Council Member Catherine Price. Whereas Catherine Price has dedicated 12 years of service to the citizens of Vermillion as a Central Ward City Council member from July 2014 until July 2026. And whereas Catherine Price has served on multiple committees during her time in office, including the Labor and Finance and Policy and Procedures committees, and the Surplus Property Appraisal Committee as member and chair, and whereas Catherine Price has been an active, involved, and committed member of the city government during her years of service, including serving as a city council representative on the National Music Museum Board, and whereas Catherine Price has been the unofficial Pledge of Allegiance leader, and perhaps the only city council member to sing at a meeting. And whereas Catherine Price has been an inquisitive city council member who through her questions sought to help the public understand the actions of their local government, and whereas Catherine Price has worked to understand all sides of an issue, whether at a city council meeting or through efforts she made on her own to understand different points of views, And whereas Catherine Price has been involved with many projects, such as the Apprentice Plunge, the Downtown Streetscape Project, where she will have lasting generational impacts on the community. And now, therefore, be it resolved that the fellow members of the Vermilion City Council, on behalf of the community of Vermilion and city staff, do hereby extend our deepest appreciation to Catherine Price for her dedicated service to the community as a city council member for the city of Vermilion, South Dakota, date of Vermilion, South Dakota, the 6th day of July, 2026.

Thank you. I do have a speech, and I timed it at nine minutes. So I'm very grateful for having that time to share these words with everyone. So first I'd like to thank the city staff, the people who keep the lights on. The city of Vermilion boasts an exceptional ensemble of professionals led by John Prescott, one of the most competent, ethical, responsible, and kindest people I have ever known. John's positive influence sets the tone for the functioning of the city as a whole. The department heads are likewise dedicated and capable experts in their fields. And we are lucky to have people like Alex, Crystal, Dan, Jim, Jose, Marty, Matt, Pete, Ryan, Shane, Tim, Todd, anyone I forgot to name, and everyone I have had the pleasure of working with over the last 12 years. Thank you, John, and all the staff for keeping Vermilion running. I want to offer some advice to the incoming council, and this reinforces the useful orientations that Matt Fairholme has run for us over the years, and that is identify what part you play. So as a musician, I wasn't sure what practical skills I would bring to the council, but I ended up being good at things beyond just saying the Pledge of Allegiance. So in meetings, I noticed that after a detailed discussion with a lot of potential outcomes, the group really needed someone to summarize the conversation and outline the options in front of us. And so I started doing that and saw the meetings benefit. But every council will be different and need different things, and everyone has their own skills. You might be good at attention to detail, wordsmithing the ordinances, or fine-tooth combing the numbers. or asking hard questions others don't want to, or at contingency planning for every scenario, or at ensuring that everyone's voice is heard. Making group decisions with a team of nine individuals can be a challenge, and it requires all of us to engage with goodwill, empathy, understanding, and compromise. So play to your strengths for the betterment of all. Here I'd like to say something about Vermilion, why I think it's such a great place to live, and how to keep it that way. It's no news to anyone that the United States has become more politically polarized, and the blame is often placed on social media, the idea that the algorithm creates an ideological echo chamber that reflects back to us our own narrow view of the world. But a study in 2022 actually found that the reason social media is dividing us has less to do with it isolating us in our bubble and more to do with the fact that the opinions we encounter on the internet are not tied to real, real familiar people we know, but to distant, indistinct people whom we can readily categorize with black and white labels like friend or enemy. In the real world, when you encounter someone whose worldview differs from yours, it's a lot harder to just hate them outright if they are cheering alongside you at your children's sports event. This 2022 study summarized it this way. Quote, when individuals interact locally with others, we come into contact with a plural patchwork of cross-cutting conflicts, but our shared space and interests require us to look beyond our differences of opinion in order to cooperate on a shared goal, end quote. As a remarkable example of how this kind of shared goal can undermine polarizing extremism, I'm going to tell you the story of the West Eastern Divan Orchestra, a groundbreaking youth symphony founded in 1999 by the pianist and conductor Daniel Barenboim and the late post-colonial critic Edward Said. Baron Boehm, who is Jewish, and Said, who was born in Palestine, saw music as a way to combat fierce political turmoil. Assembling talented instrumentalists from Israel, Palestine, Saudi Arabia, and other war-torn places in the Middle East, the orchestra provided a shared goal for these young people who otherwise saw themselves only as adversaries. In Barenboim's own words, quote, the divan was conceived as a project against ignorance. It is absolutely essential for people to get to know the other, to understand what the other thinks and feels without necessarily agreeing with it, end quote. The West Eastern Divan Orchestra has performed for 25 years, giving generations of children from constantly conflicted countries the opportunity to make beautiful music with those whom they otherwise might only have encountered in violent bloodshed. A key point in Barenboim's comment is that the goal is not to unite everyone in one mind, but rather to acknowledge the other's humanity and experience, even in disagreement. American democracy is not about people all thinking the same thing. It's about people being able to think differently, worship differently, Speak differently, love differently, live differently. And being confident that the plurality of our differences makes us a stronger nation. But in the world of predatory social media and two-party politics, it's very hard to remember what makes American democracy work. And this, this is why I think Vermilion is such a great place. It's not that we're immune to political polarization happening all over the country, and it's not that we don't have a social media problem like everywhere else. But Vermilion is still the kind of place where people come together across the aisle to cooperate on a shared goal. And therefore, we are still the kind of place where differences of opinion can coexist because we still recognize and respect each other's humanity. We do that by jointly creating things that matter to us. But it only works if you lean into the dissonance. Choose to actively collaborate with people who might disagree with you. Maybe you sign up with the fire department or EMS to help save lives. Maybe you volunteer at the welcome table or the food pantry. Maybe you support adults or children with disabilities. Maybe you foster animals for the Humane Society. Maybe you participate in creative activities like community theater or vado or painting public art. Maybe you enjoy the outdoors by restoring the native prairie or join a cycling club or a golf league or a pickleball team. Maybe you preserve historic buildings or build new ones for Habitat for Humanity. Whatever you do, challenge yourself to work in concert with others, regardless of the campaign sign in their yard. Because the only way democracy can work is if we do the work of democracy together. Finally, I'd like to say that stepping away from city council was a difficult choice, not only because I still have a lot to give, but because the council has given a lot to me. I was fairly new here when my neighbors first asked me to run for council, but serving the central ward and planning for the city's future quickly made this place home to me in a way that nothing else could. Some of my life's proudest moments happened in the course of this service, so I'd like to thank my constituents for having confidence in me and allowing me the privilege of serving you. I also encourage others to similarly step up, not just because Vermilion needs you, but because service is a gift you give that gives back to you, a gift you can be proud of. A symphony only happens if all the voices sound. So even if you're new here or you have doubts about what you have to offer, I urge you to get involved because while it takes professionals to keep the lights on, it takes all of us to create this community together. Thank you. Do I leave now or do I wait?

We might need your vote to adjourn.

Oh, that's right.

Is there any visitors from the public that wishes to speak for Catherine Price? Seeing none, is there any council members that wishes to speak and comment for Councillor Price?

You can present mine next, and then I'll read.

I just want to say thank you, Catherine. I just want to say thank you for taking most of my speeches. I'm just kidding. Thank you. Councillor Holland. Proclamation recognizing Richard Holland for his City Council service. Whereas Richard Holland has dedicated 12 years of service to the citizens of Vermillion as Southeast Ward City Council member from July 14th to July 15th. two thousand twenty six and whereas richard holland has served on all the city council committees during his time in office including the labor and finance committee surplus property appraisal committee policies and procedures committee and utilities committees as chair and whereas richard holland Was the city council representative on multiple boards during his time in office including the tree board the vermillion now three board and the library board And whereas richard holland has served in the law enforcement center committee and prior to his election to the city council He served on the planning and zoning commission And who in which he continues to regularly attend the meetings And whereas richard holland served the city council leadership positions as vice president for the city council from 2016 to 2020 and as City Council President from 2020 to 2026. And whereas Richard Holland met with the state and federal legislative delegations in Pierre and Washington, D.C., participated in quarterly trainings and was a community liaison as the inaugural Missouri River Energy Service Ambassador for Vermillion, and whereas Richard Holland has been involved with many projects such as the Jack Paula development and the Downtown Streetscape Project, which will have generational impacts on the community. And now, therefore, be it resolved that the fellow members of the Vermilion City Council, on behalf of the community of Vermilion and city staff, do hereby extend our deepest appreciation to Richard Holland for his dedicated service to the community as a city council member for the city of Vermilion, South Dakota, dated Vermilion, South Dakota, this 6th day of July, 2026.

I cannot possibly follow Catherine's presentation. And my presentation brief will explain why I cannot. Catherine and I have served 12 years on city council at the same time, same time. I don't know what it would be like to not have Catherine clearly recite the Pledge of Allegiance. That's all I've heard for 12 years.

Okay.

During the time that Catherine and I have served, the city has made great accomplishments, and I'm proud to be part of those accomplishments. Some of those things I have done would not have been successful or completed without Catherine's help. I highly value her superior knowledge and composition skills, and she's always delivered when I've asked for help, and I have asked several times. Thank you for helping me, Catherine, and the city. She has made it all a better place for all. Thank you.

I ask if there's any visitors to be heard for Councilor Holland. Seeing no council members to speak for Councilor Holland at all. Seeing none, next presentation, the proclamation that is going to be read by the First Lady, Jenna Lucas. Go ahead and please come up.

This is a proclamation recognizing John Cole for his city council service, whereas John Cole has dedicated four years of service to the citizens of Vermillion as mayor of Vermillion from July 2022 to July 2026. And whereas during John Cole's tenure as mayor, Vermillion was recognized as South Dakota's community of the year and received national recognition as USA Today's best small town art scene, reflecting the strength, collaboration, and momentum of the community. And whereas John Cole promoted transparency, accountability, and thoughtful evaluation of city policies and procedures while encouraging continuous improvement in local government. And whereas John Cole worked to build the tax base, whether through enhanced sales tax collection accuracy or bring events or developments to town that would contribute to the tax base. And whereas John Cole supported and advocated for significant community investments, including housing development, public safety facilities, infrastructure improvements, economic development initiatives, and long-term planning efforts designed to position Vermillion for future growth. And whereas John Cole served with integrity, dedication, and genuine desire to promote the best interests of the city of Vermillion and its citizens. And whereas John Cole fostered strong partnerships among local organizations, businesses, educational institutions, state and federal leaders, and community stakeholders in pursuit of opportunities that benefited Vermillion residents. And whereas John Cole developed the Mayor of the Day program for eighth grade students in Vermillion to encourage government engagement among Vermillion youth and to educate and inspire future community leadership. And whereas John Cole worked tirelessly to support the projects and initiatives that benefit Vermillion residents. Now, therefore, be it resolved that the fellow members of the Vermilion City Council, on behalf of the community of Vermilion City staff, do hereby extend our deepest appreciation to John Cole for his dedicated leadership, service, and commitment to the citizens of Vermilion for his lasting contributions to the growth, progress, and success of the community. Dated at Vermilion, South Dakota, the sixth day of July, 2026. Thank you.

Well, before we adjourn, and I realize I'm going to ask any visitors to be heard after I speak as well, I just want to say that I've had a privilege of serving the city of Vermilion for actually over a decade. First as a city employee for about 10 years, and then as your mayor for the past four. Public service is really all I've ever known. Whether it was serving as a police officer or serving as your mayor, my goal has always been the same, to leave this community better than I found it. Serving the people of Vermillion has been one of the greatest honors of my life. Over the last four years, we've faced challenges, celebrated successes, worked together to move our community forward. We've invested in our housing, infrastructure, our public safety, economic development, in long-term planning. We built strong partnerships and positioned Vermilion for continued success, and I'm proud of what we've accomplished together. And none of that happened because of one person. It's happened because of a dedicated city staff, committed council members, engaged community partners, and residents who care deeply about Vermilion. To the members of the council, Katherine summed it up pretty well. We don't always agree, but we've always respected the person and the passion, the commitment of each other you've brought to the table. Healthy discussion and different perspectives make us stronger. And I'm grateful for the opportunity to serve alongside you. We've even had the ability to have a few laughs together and oftentimes have a similar thought and common ground. A few council members I wanna particularly point out. Council member Murrah, you've been with me from the start, from the day I was sworn in, the day you were sworn in, and even though we've not always agreed with each other, I have to admire your ability to not say, or to say how it is and not be afraid, even when someone else is gonna get, quote, mad at you. Gary, Council Member Cheeseman, for always willing to have dialogue with me, even though not always having the same train of thought, but many, many times having same common ground. You've always treated me with respect and honor, and I valued our conversations together. Rich, Council Member Holland. And pardon my language for a couple of the children in the room, but Council Member Holland, quote, first time I started, he wanted to kick my ass. Is what he said. However, as we've grown in our meetings, he appreciated another point of view and the relationships and the strengths of others that I've built over the years. And I believe ours is one of those strengths in relationships. Thanks to Council Member Holland, his outside-the-box approach, where he thought of allowing us to go to auction to purchase a piece of land, now came to fruition as Jack Powell addition. If it was not for his outside-the-box thinking, I don't think that project would have ever came off the ground. So I want to say thank you. John Prescott. Thank you for your counsel, your friendship over the past four years. Correction, make that 14 years. While there's no handbook for being a first-time mayor, I want to say thank you for your patience, guidance, willingness to answer the phone no matter the hour or a text message. And I'm a better leader, a better person because of your mentorship. And your knowledge of municipal government and your dedication to this city has been invaluable, and not only to me, but to countless other leaders across our state. To our city staff, thank you for your professionalism and dedication. The work you do every day often goes unseen. I've seen it firsthand while riding alongside a plow truck in the middle of the snow, or in a police car going to those calls that nobody wants to know about. To the citizens of Vermillion, thank you for placing your trust in me. Thank you for your support, your ideas, your feedback, and your willingness to stay engaged in our community. And most importantly of all, I want to thank my family, as public service is never the work of one person. It requires a sacrifice from those who stand beside you. They've shared my time with this community for many, many years. There are countless evenings, weekends, events, meetings, phone calls, and interruptions at the dinner table that took away from my time for them. Their love, support, patience, and understanding made it possible for me to serve, and I'll always be grateful for those sacrifices. So as I leave this office, I do so with a full heart and a great sense of gratitude, as Vermilion is in a strong place, a strong position, and I believe the future is bright. While my term as mayor has come to an end tonight, my commitment to Vermilion does not. I will continue to support, advocate for, and serve the community in whatever way I can. To a mayor like Kevin O'Kelly, I wish you the best. Lead steady, lead strong. May not always be the most favorite person in the room, but I have confidence in you. Thank you for allowing me the privilege to serve. It has truly been an honor. Thank you. Are there any other visits to be heard on my acknowledgement? Seeing none, the only thing left is a motion to adjourn. I would ask if Councillor Price or Councillor Holland wants to make the motion to adjourn.

Move, we adjourn. I second.

Motion by Councillor Price and a second by Councillor Holland to adjourn. All those in favor signify by saying aye. Opposed by saying nay. Meeting adjourned.

Thank you.

We're looking for the best photo op.

Oh, camera. Oh, very good. Thank you.

You think you got this under control? I hope so.

When you're ready, Nick. When I'm ready?

All right, I'll have you raise your right hand and repeat after me. I state your name. I, Kevin O'Kelly. Do solemnly swear or affirm. Do solemnly swear. That I will support the Constitution of the United States. That I will support the Constitution of the United States. And the Constitution of the State of South Dakota.

And the Constitution of the State of South Dakota.

And I will faithfully discharge my duties. And I will faithfully discharge my duties. Of Mayor of the City of Vermillion, South Dakota. Of Mayor of the City of Vermillion, South Dakota.

According to the best of my ability. According to the best of my ability. Thank you. Thank you.

Yep. His name is Dave, and yeah, he would join.

Anybody else have anything?

I raise your right hand and repeat after me. I state your name. I state your name. Do solemnly swear or affirm. Do solemnly swear or affirm. That I will support the Constitution of the United States. That I will support the Constitution of the United States. And the Constitution of the State of South Dakota. And the Constitution of the State of South Dakota. And I will faithfully discharge my duties. And I will faithfully discharge my duties. A council member of the City of Vermillion, South Dakota. A council member of the City of Vermillion, South Dakota. According to the best of my ability. According to the best of my ability.

Thank you. Well that was exciting.

I just want to start, before you start, John, I just want to say thank you to the outgoing members, John Cole and Rich Hall and Catherine Price. Citizen government is what makes America great, so thank you all very much for your service.

And John?

Okay. So when we have a reorganizational meeting every two years, there's a number of procedural items that we'll go through tonight. The city council will and staff will kind of walk you through some of those. So a lot of these things will seem, well, they're very procedural and not really the most exciting for some members of the public. But nonetheless, the first thing that, I'm sorry, Mr. Mayor, we need to do the roll call.

Yeah, I knew there was something I was going to get sooner or later, but I'll get it all the way down. Alex Wilcox, please.

Cheeseman. Here. Gilbertson.

Here.

Helwig. Here. Jenawine.

Here.

Lieber. Here. Elias. Here. Murrah.

Here.

Toller.

Here.

Mayor O'Kelley.

Here. And I forgot the absolute agenda. Yes. Very good. Before I... Thank you. Before I start with the adopted agenda, I just want to remind us that Our future as a community depends on recognizing our past. The city of Vermont exists on the ancestral lands of those Shedi Sakowin and Omaha Indigenous people. We honor and appreciate those who have the longest relationship with this place. Having said that, have we all had a chance to look at the agenda? Any changes, amendments? Moved and seconded. All in favor say aye. Aye. All opposed say nay. Motion passes, ooh, a gavel. Sorry, got excited for a minute. Very good. Now election of the officers. Thank you, John. Thank you.

I'm sorry about that, Mayor. I should have known that. We've been to other meetings. This is your first one. We've got to do a better job as staff, so we'll work on that. But nonetheless, one of the things that is stated not only in state statute but in the Home Rule Charter and the city rules and procedures is that one of the first acts of the council is to elect a president and a vice president. Those individuals serve in the absence or the disability of the mayor. We would recommend that the motion for president be one motion and a motion for vice president be a separate motion. With that, we'll turn it over to the council.

Having said that, do I have any nominations for the city council president? I'll make a motion. Mr. Barr. Is there a second to that nomination? Any further nominations?

I would like to motion for Julia.

Hellwig, got it. Do I have a second for that nomination? Do I have a second for the nomination of Julia Hellwig, the president? Second. Any further nominations? How do we conduct an election like this? Roll call?

Yes, because the voting machines are set by name, and so until we get that changed, so you'll need to, Alex, if you'd call the roll, please, when you're ready, Mr. Mayor.

Yes, I'm ready. So how many support Mike Murrah as City Council President?

Do you want me to go down?

Yeah, I'll just go through.

Perfect. Cheeseman?

Nay.

Gilbertson?

Yes.

Helwig?

No.

Jenawine?

No.

Lieber? Yes.

Elias?

Nay. Mura?

Yes.

Taller?

Yes.

Mayor O'Kelley? Nay. Five nays, four yays.

I guess that settles that, that makes the Hellweg nomination moot. Very good, congratulations, Mike. Thank you very much. Do I have any nominations for city, I'm sorry, did I miss something? Oh, we do? I'm sorry, thank you very much. Do I, until this vote on Hellweg, right? I'm sorry, thank you very much. How many, do we all call, please, Alex? How many vote for Hellweg?

Cheeseman? Yes. Gilbertson?

Nay.

Elwig?

Yes.

Genowine? Yes. Lieber? Aye. Elias?

Yes.

Murrah?

Nay.

Taller?

Nay.

Mayor O'Kelley?

Yes.

That's five yays, four nays.

What do we have for Murrah?

The opposite.

Oh, I'm sorry. I misheard. Thank you very much. Are we done with that?

You need a vice president next.

Yeah, great. Do I have any nominations for city council vice president? I'm sorry. Any nominations for city council vice president? Step in.

I would like to nominate Lindsay Genewine for vice president.

Do I have a second to that nomination?

Second.

Any other nominations for the role of city council vice president?

I'll nominate Mike Murrow for vice president.

Is there a second to that nomination?

Second. Any further nominations?

Seeing none, Alex, will you take us through the roll call, please?

It might be helpful to state the motion. The candidate you're voting at this point in time.

Very good. So we'll be voting for Lindsey Jenewine first as vice president for the city council.

Cheeseman? Yes. Gilbertson?

Nay.

Hellwig?

Yes.

Jennewine?

Yes.

Lieber?

Nay.

Elias?

Yes.

Murrah?

Nay.

Taller?

Nay.

Marrow-Kelly?

Yes.

That's five yays, four nays.

And now we'll have a vote for the nomination for Mike Murrah as City Council Vice President.

Cheesman?

No.

Gilbertson?

Nay.

Helwig? Yeah. Genowine? Yeah. Lieber? Yes. Elias? No. Murrah?

Yep.

Toller?

Yes.

Mayor O'Kelley?

No.

That will be four yeas, five nays.

Thank you very much. I hope that I'll attend most meetings and the work won't be required very often, but thank you for offering.

Sure, ready to move forward. Next item is appointment of administrative officers. There are three positions that the city council hires. The city manager, the finance officer, and the city attorney. First item on your agenda is to address the position of finance officer. Again, this is addressed both in state statute and our home world charter. that the city council would appoint a finance officer. And that is done each time the city council has a reorganizational meeting. It is a bit unique this time in that Nick is serving as our interim finance officer and the previous council hired Wendy Borja-Diaz, who will be starting, or is projected to start, as our finance officer on Monday, August 3rd. At this point in time, we'd ask that there be a motion to if the council feels it's appropriate to recognize Nick serving as our interim, Nick Doty to serve as our interim finance officer, and Wendy Borgia-Diaz to serve as our finance officer effective August 3rd of this year.

Thank you. Is there any discussion on that matter from the council? Okay, we have a motion to approve. Do we have a second? Second. Moved and seconded.

Any last minute discussion?

All in favor of the motion to recognize Nick Doty as Interim Finance Officer and Wendy Borja-Diaz as City Finance Officer as well as third, please indicate by saying aye. Aye. And those opposed say nay. Motion passes.

Thank you, Mayor. The next item is the appointment of a city attorney. Back in 2022, we went through a pretty extensive process where we received proposals from several different firms. The city council committee interviewed those firms, and they made a recommendation to the full council, and that's when Kerry Huff was hired as our city attorney in roughly August or September of 2022. I visited with Daryl Jesse, who will be at your first meeting of the month typically, and then another member of the firm It's here for the second meeting of the month. Darrell has expressed interest that the firm of Curry Huff would be willing to continue serving as our city attorney, and we'd recommend approval of Curry Huff as city attorney.

Thank you very much. Any discussion on the city council over this proposal?

Second.

Second. Any further discussion before we vote? I will say that I've discussed the services of this law firm with city staff and they've been uniformly satisfied. So seeing no further discussion, those in favor of extending the appointment of the Crary-Huff Law Firm to serve as city attorney, please indicate by saying aye. Those opposed say nay. You're hired. All right, now it's me. Yes. So the city council members are asked to serve on one or more city council committees or other assignments to assist with various aspects of the organization and to meet legal requirements. Community members and staff also assist the city in serving on a number of committees or representing the organization. In other words, this meeting night is not all they do. Vermillion is fortunate to have dedicated City Council members and individuals willing to serve on a broad range of City Committees and or represent the City. The City Council is asked to review the assignments as proposed and make appropriate changes and adopt a document assigning the individuals to the respective areas. I'm not going to read all of the assignments, there are quite a few, but does everybody have any comments on the Committee assignments as proposed? Before I say, before I ask a further comment, I will say I did not designate chairs of any committees. The committees can decide, determine their own chairs and just let me know. Then I'll put their name in bold. Okay. But until then, just the committee assignments. Anybody have any comments or suggestions or requests? I did try to take into account your preferences and the needs of the city, and I think it looked to me like a fairly well-balanced list of assignments. Some of you have more work than others, but you asked for it. Hearing no comments, I'd entertain a motion to approve the committee assignments as listed.

So moved.

Is there a second?

Second.

Move to second. Any last chance for discussion? All in favor of the committee assignments as written, please indicate by saying aye. Aye. Opposed, say nay. You're assigned. Thank you. Next item, Nick.

Hi. State statute requires the designation of an official newspaper. A law effective on July 1st, 2024 expanded the definition of entities that may qualify as a legal newspaper. A legal newspaper can be provided in print for free as long as there are at least 200 paid online subscribers. The Vermilion Plain Talk has previously been designated as the official newspaper. As the plain talk is the only local newspaper which meets all the definitions of the legal newspaper per SDCL chapters 9 and 17, the city council can designate it as the official newspaper. Legal notices are also available on the city's website. An individual or business can also sign up on the city's website to have all legal notices posted on the city's website automatically emailed to them at no cost. It is a requirement of state law to publish public notices, minutes, etc. in the official newspaper. The publication of the minutes and notices for the finance office alone cost $19,303.17 last year. The administration recommends adoption of a motion to designate the Vermilion Plain Talk as the official newspaper.

Thank you very much. Is there any discussion among the council members?

I'm going to abstain from this. Even though I'm supposedly retired, I still have a little bit of an association with the Plain Talk. You have a difficult time retiring.

Yeah.

Any other discussion?

Seeing none, I would entertain a motion to designate the Van Plain Talk as our official newspaper.

So moved.

Is there a second?

Second.

All in favor of the Plain Talk as our official newspaper, indicate by saying aye. Aye. Opposed, nay. You're on. Thank you very much. Nick, back to you.

All right. State statute requires that the city council to designate the official depositories of city funds. An official depository can be added at any time by the city council. The city council has historically designated the official depositories at the reorganizational meeting. The City Council previously designated the following as official depositories. BMO, Core Trust Bank, First Bank and Trust, First Dakota National Bank, South Dakota Public Funds Investment Trust, Wells Fargo, and US Bank. No changes in the most recent official depositories are proposed. Of note, the city hall bonds are in process of being called. While no additional payments are anticipated to be needed, staff recommends leaving U.S. Bank until the bonds are retired. Administration recommends that city council designate the above listed financial institutions as official depositories for the city funds.

Thank you very much. Is there any discussion on that from this council? Yes.

Well, just a question. Since BMO apparently is going to be changed to First Citizen Bank of North Carolina for understanding, will we do that at the next meeting or is that something that can be done ahead of time?

Great question. I think it's probably one of those once we have the official, I'll say, changeover date or whatever it is, we probably should at least have that as a consent agenda item.

I have a similar question. Wells Fargo is gone. Why are we still using them? The others are all local banks, right?

I think we've listed typically all local banks, and they have their location at Ace Hardware, Jones, Matt Jones Center.

Oh, the hardware store bank. I forgot about that. I'm sorry. Thank you very much. I go to the hardware store for food, okay? I'm just saying. All right. Anything more?

Any further discussion on these banks?

All right. Very good. I would entertain a motion to approve these banks as listed as official depositories for city funds. So moved. Is there a second?

I'll second.

Very good. Moved and seconded. All in favor of these institutions indicate by saying aye. Aye. Opposed say nay. Passes. Here we go, Nick.

next item up is consolidated board of equalization uh... down to two items left for the public that we need to do for reorganizational meeting uh... this is one of those items that we have a consolidated board of equalization which for the public makes it an easier process when they want if there's an appeal of their property tax valuation so with this process it avoids a citizen having to go to two different banks we uh... we, I should say you, the council members, serve on that, and you meet jointly with the Clay County Commission and school board representatives. And typically, that meeting is in April of each year. In March, the last meeting in February, first meeting in March, is when you would designate three members to serve on the Consolidated Board of Equalization with all the other members serving as an alternate to it. With this process, though, we did agree to, every time there's a city council reorganizational meeting, that the city council would commit to the Consolidated Board of Equalization. The recommended motion would be to continue participation in the Consolidated Board of Equalization.

Thank you very much. A discussion among city council members? May I ask if any of you have been on this board before? Is it onerous? Is it controversial? Is it adversarial?

It's fine. It's organized well where they move the city items first so we don't have to stay for all the county items. Thank you. Hopefully they'll keep doing that and not put us at the end. That would make it significantly harder.

Okay. Very good. Very good. Any further discussion on continuing with this system? All right. I would entertain a motion to continue the consolidated board of equalization. Is there a second?

Second.

All in favor indicate by saying aye. Aye. Opposed say nay. Board of Equalization.

The final item for your reorganizational meeting is Determination of the Rules of Order. This is a two-part piece. For many years, we've used the ninth edition of Robert's Rules of Order. For many years, being like about 20 years, we've had that kind of purple book that's probably floating around here somewhere. And we got to looking at it and realized that the 12th version of Robert's Rules of Order are out. The books are downstairs. I forgot to bring them up. We're so used to having them up here. I would recommend moving to that 12th edition of Robert's Rules of Order versus the 9th edition. It's a little bit cleaner for taking minutes, guidance that way, electronic meetings, refinements to rules. It just improves overall clarity and reduces some of the redundancies that are in the other versions. So that's one part of what we'd ask you to consider with your Rules of Order. The second part is the City Council has a longstanding Rules and Procedures document that was created probably 20-plus years ago. About two years ago in 2024, the City Council went through and you updated that. You updated that to include references to the Home Rule Charter and some other minor changes that were needed. So staff recommendation to the City Council is to reaffirm the Rules and Procedures of June 2024 edition as well as the 12th edition of Robert's Rules of Order.

Thank you, John. So there's essentially two and one. It's replacing this book, which, by the way, I noticed on this book, there's several copies of it here. The first 10 pages are all well-thumbed. The rest of it, not so much. But the 12th edition is more current. sorry I'm doing all the discussion myself but I did read our thought of the City Council did a good job of our rules and procedures when they revised it a couple years back and the 12th edition does seem perfectly normal that it incorporates the 21st century any any further discussion on these issues Well, then I would entertain a motion to both update the Robert's Rules of Orders to the 12th edition and to concur that we're going to continue with the 2024 Rules and Procedures Manual. I'll make that motion. Thank you, Mike. Second? Then seconded. All in favor indicate by saying aye. Aye. Opposed, nay. Passes. All right. Visitors to be heard. First of all, persons addressing the council shall use the microphone at the podium. Please raise your hand to be recognized, go to the podium and state your name and address. For items not on the agenda, members of the public may speak under the visitors be heard section, which is now, on any topic not on the agenda. Remarks are limited to five minutes and no decision will be made at this time. If there's an agenda item you want to speak about, public testimony will be taken at the beginning of each individual agenda item after the subject has been announced by the mayor and explained by staff. Again, any citizen who wishes may speak one time for five minutes on each agenda item. Public testimony will then be closed and the topic will be given to the governing body for possible action. At this point, only city council members and staff may discuss the current agenda item unless the city council member moves to allow another person to speak and there is unanimous consent from the council. Questions from council members, however, may be directed to staff or a member of the public through the presiding officer at any time. I hope that's clear. Are there any visitors to be heard at this time on any item not on the agenda? Very good. Good? Enough time? Okay. Next item, public hearings. The first item, item 8A, is the first reading of proposed Orders 1559 to amend land usage definition.

I'll let Jose take it from there. Thank you. So at the June 1st noon meeting, the City Council heard from a citizen who purchased a former Stewart Oil and Tire Company building on East Cherry Street. The citizen stated that the current zoning ordinance did not allow for a mixed-use building in the General Business District. He asked the City Council to consider amending the ordinance to allow these mixed uses and for the mixed use to allow residential uses to be built in conjunction with convenience stores associated with gas stations. After consideration, the city council directed staff to try and amend the ordinance as quickly as possible. So to facilitate the request for this type of development, two changes are necessary. First, a definition would need to be created, which is what we're discussing at this particular agenda item, and secondly, the new use would need to be placed within the desired district. That would be the following agenda item. The proposed definition would create a new use. The new term would be defined as a building with fuel dispensing station where the residential use is above the convenience store associated with the fuel dispensing station. This term was created to try and maintain the original desire of maintaining residential uses away from strictly commercial uses. excuse me, the Planning and Zoning Commission considered this item at their June 22nd meeting. At that meeting, there was one member of the public that spoke. This individual stated that they were in support of the proposed amendment. The Commission had questions for staff regarding the appropriateness of the use's name and about the uniqueness of the proposed use. After discussion, the Commission moved to recommend the City Council approve the amendment but that the name of the use should be changed from special mixed use building to fuel dispensing mixed use building. The vote was five to one in favor of that amendment. Staff and the Planning Commission recommend the City Council advance the ordinance with the Commission's recommended change for consideration at the second reading.

Thank you very much. Are there any visitors required on this subject? Subject of the definition in the ordinance. Seeing none, any discussion among the city council members?

I have a question. Has there been any talk yet about like the occupancy of the apartments and I guess then say the number of parking spaces that would be required for the apartments and then working in the parking that naturally would be needed for the convenience store. Has any of that been hashed out yet?

Go ahead. If I may. So, no, I guess. That would be the short answer to it. And there's a reason for that. So right now what we're looking at is just amending the ordinance to allow for the use, right? So whenever, depending on how the other item goes, the other item would actually be placing this particular use as a conditional use. And already by ordinance, conditional uses are heard by the Planning and Sowing Commission and decided by the Planning and Sowing Commission. So at that step when they're considering that all those items would be taken into account. So but just to be very broad and not to go into too far into the weeds just because we're not talking about that particular item. We have talked about all these things with the proposed developer. So they're aware that there's going to be parking requirements, they're aware that there's going to be Kaplan beds in the apartments, and so they know about all of these things. It's just that right now we're not considering a conditional use or the particular use for this location.

Okay, thank you.

Yes. I apologize for not locating myself myself before, but

Would there be any variation between the use of the gas station if it has residential life? Is the definition of the fuel station going to be the same as the initial use or is that always conditional?

So gas stations are always conditional? They are. Yep. That answers my question. Okay.

Thank you. Anything further? Well I would entertain a motion to advance the ordinance with this new definition, revised definition of a fuel dispensing mixed use building as a conditional use. Moved and seconded. All in favor indicate by saying aye. Aye. Opposed nay. Motion passes. I'm glad you're still there because you're next.

Thank you. So this is the companion item, I guess, to the previous agenda item. And this, as I mentioned earlier, the first item that you guys consider the previous item was definition. This item would actually be placing that use in a particular district. and then it's going to place it whether it's going to be a permitted use or a conditional use. So what we're proposing, what staff is proposing is to place this new definition or new item as a conditional use within the general business district. The residential use should be separated from the gas station use. So all of the, just to go a little bit further into it, if I may here. You guys don't have a TV today? No, it's not working yet. Okay, so then I'll just... That'll work up there.

Their monitors aren't working.

So you guys all have the actual packet. So I guess one of the things that we're proposing to do, staff is proposing to do, is to place this as a conditional use within the general business district. And within that section, or each of the items actually have what we call applicable standards. And the applicable standards for the gas station for the special makes use, sorry, fuel dispensing makes use building will be to have a separation between the store residential portion of the building and the gas dispensing station. And what we're proposing to do, let me zoom out a little bit. If not, then we're just going to go with it. but what we're proposing to do is to have a 45 foot separation between the store residential portion and the canopy and 45 feet comes into play because we have a we're treating these essentially as two separate uses within the same parcel and I can get into why we're doing that a little bit later but In keeping with that in mind, the 45 foot is a typical setback found in a residential district, which is 25 feet, and the required buffer between commercial and residential uses, which is 20 feet, ergo 45. As far as additional 15 feet, so 45 plus 15 equals 60, that 15 feet would allow the pumps to be a little bit further from the residential use. So during the day, if there's a lot of usage at this location, then that allows additional buffer. The reason that staff actually utilized that 45 foot is we actually had a pretty hard time to finding a similar use within the state. There's none in the state. We couldn't find one within any of the surrounding states either. So then we went a little bit further. And we actually found two similar uses in Connecticut. And the state of Connecticut, at least in the two locations that we looked at, we talked to the planning and zoning individual for New Haven, sorry, Hamden, And what they said is that their ordinance, even though it's different than ours, much different, they actually have allowed mixed uses throughout the community. And what they do is something similar to what we're proposing to do, which they have all sorts of buffers and distances set between uses, even though they might be in the same parcel. So that's what gave us the idea to have that 45 foot. We have again the 25 foot and the 20 foot buffer. So if you have, if these were properties that were adjoining, then there would be a property line somewhere around here, that 25 and 20 foot line. And that would be the buffer space. With all that being said, I do want to say that the Planning and Zoning Commission did consider this again at the June 22nd meeting. There were several individuals that spoke. At the meeting, one individual commented that the use proposed setbacks and buffers make the use safe. After the public comments, the commission discussed the item and asked how this new use would affect existing fuel dispensing stations. And some of the commissioners expressed hesitancy whether it was appropriate to combine the two uses, fuel dispensing station and residential uses. After discussion, the commission moved to recommend the council approve the ordinance with the change that the name of the use be changed to fuel dispensing mixed use building. That vote was five to one in favor of the amendment. Staff and the Planning and Zoning Commission recommend the City Council advance the ordinance with the Commission's recommended change for consideration at the second reading.

Thank you very much. Are there visitors to be heard on this matter? Okay. Well, how about the council? Any comments or discussion here? Yes.

So Jose, the 60 feet just pertains to the apartment above the gas station, not to surrounding residents, right?

Correct. So, I mean, yes, you're correct.

Okay. Is there anything to protect the surrounding residents from?

So there is. The ordinance right now has that 20-foot buffer between any commercial use and a residentially zoned district. So in some instances, if you have a residential district, adjoining this, then there would be that 20 foot separation. So you can't see the drawing, but let's say in my, if it goes back up, I'll show you what I mean. There it goes. So in my example here, if there was a residence over in this side, so behind this store residential, there would be a 20 foot buffer there, if that makes sense.

From the store? From the store, yeah.

Okay. There is a residence directly to the west.

In the particular one that we're talking about, there's actually a residential district to the north. But again, that's all going to be discussed during the conditional use. But if it gets to that point, in that particular instance, there would be a 20-foot buffer to the property to the north with the commercial building. Now, the house in this location, again, to the west, you're correct, there's a house. But that house is grandfathered in use. It's actually in the general business district. So there wouldn't be a 20-foot buffer in that instance.

So my follow up to that is, well, I think if this goes through, we're apt to see this in the future for conventional use, right?

Yeah, if this ordinance passes and it gets adopted, then this would be an allowable conditional use.

Sure, I just want to really set precedence that the residents of that neighborhood are protected from anything that may happen at a fuel station.

Yep, they would be as protected right now as they were before, I guess.

Okay. Thank you.

Any other comments? Not in any rush. Moved and seconded. Any further discussion before we vote? All in favor of allowing the fuel dispensing mixed-use building as a conditional use, indicate by saying aye. I oppose to take. Thank you. Thank you. Next is the TIF. Over to you, John. Thank you.

The item before the council is a resolution designating the boundaries of tax increment financing district number 13. This would be for property known as lot 21, which is a replot of parts of lots one and four, block one, Johnson addition. What that translates into for the average layperson who doesn't necessarily go by legal definitions is we're talking about a property about 1.7 acres at the southwest corner of Elm Street and Alumni Street. There's a couple steps in a TIF district process. TIF, I'll use that term, stands for Tax Increment Financing. This would be district number 13 for our community. The developer is looking at a process to develop that TIF. Again, there's multiple steps in the process. The first one is designation of the boundaries. That happens after a public hearing at the Planning and Zoning Commission level. They did review it on June 22nd and made a recommendation to the City Council to approve this district as Tax Increment Financing District, or TIF, number 13. The second part of it is the project plan, and that's really where you get down into the nuts and bolts of how much funding would be looked at with this TIF. This is really just establishing the boundaries of this TIF district. I would note the parcel is zoned R3. It is R3 zoning partially to the north and to the south. To the north is also some general business zoning. To the east is the Heights Plan Development District, and to the west is R2 zoning. There is no rezoning change that is needed as part of that. I would say that starting July 1st, there's a couple of additional state statutes that came into place with regard to TIF districts. One requires a third-party review. And Meyer Henry, a firm out of Sioux Falls, is completing that for us. I should have that. If I have a draft of it, it's not quite done. Probably get you the final version of that tomorrow. If that moves through, then the Planning and Zoning Commission at their next meeting on July 13th would consider the project plan. And at their July 20th meeting, you can have an opportunity to consider by the project plan going back a second on this project uh... this is a uh... multi-family project they're looking at uh... for building uh... project it would be uh... including ninety five austria parking spaces it would be fifty six apartment units uh... forty two those are one bedroom for studio and four or two bedroom units it's basically looking at about a building here that you built over several years they would build those fifty six units there With all that said, the item before the City Council tonight is a resolution to consider the boundaries for TIF district number 13, being lot 21, the replot of parts lots one and four, block one of Johnson addition at Elm Street and Alumni Street.

Thank you very much. Are there any comments from the staff? Did you have something to say there? Okay, any comments from the, any visitors we heard on the subject from the public? Yes, please come to the podium, state your name and address.

Hello, my name is Jeffrey Greylobe. I live at 224 Forest Avenue. I want to start by saying that I think that TIF districts are a really important tool. I'm really glad that we have them at our disposal to spur development. I think that housing development, especially dense housing development like what's planned here, is some of the most important things for us as public bodies I'm on another public body, the County Commission, to try to encourage and find ways to support. I have a little bit more concern about developer TIFs than about public TIFs. I think that when an entity like the VCDC or the city has a piece of property and uses the TIF to put in the infrastructure themselves, I have more confidence that we have control over everything behind the scenes. And I just wanted to express A little bit of concern that when it's a developer TIF, in some ways we are taking public dollars to add to the amount of profit that a for-profit developer is going to realize from this. That is not bad. On its face, it's a matter of degree. And so I think that the question that I hope that everyone is just taking very seriously is that but for question. So would this development not occur? Would we not get these units if we didn't give this tax break? But for the life of this TIF, this property is not going to be contributing to our tax base. And so everybody else in the county and the city are going to be paying the public costs that this development puts onto the community. So that's just what TIFs are. I'm not opposed to them, but I did just want to urge everyone to read carefully through the independent review. I think that having a third party review of these is a good way to try to address those concerns that I expressed. And that was all I wanted to share. So thank you very much for your time and careful consideration.

Thank you. May I ask a question? Does the third party review include a a review of the Butford clause?

Good question. I know their project plan includes They addressed the but-for test in the project plan that they've submitted. I would say the third-party review, I'll call it in process, so I don't think the final document's done. I scanned it, but I have to admit I didn't read it thoroughly yet, because it's not the final document. So I, unfortunately, am not able to answer that question.

So we'll look at that, then, with the third-party review. Thank you. Any other visitors? Yes.

So Jim Peterson from Lane Chamber and Development Company. Tonight you're here just to look at the boundary of this for a TIF which will be addressed later in the planning zoning then back to you. So based on a housing study which is being finalized this week, we still have a need for apartments, multi-family housing in the community, even with everything going on. And that will be addressed at that planning meeting or back to you. I get where the colleague who just spoke, Jeffrey, spoke on that. However, you know, that's for another day on the whole tax base, which will be in the TIF plan, different discussions. But we're getting X amount on taxes today. If they do invest heavily over time, you get more taxes down the road to pay money back. be it the city, county level, or developers, but tonight you're just looking at the boundary matrix to see if we can move it to the next step, and from a chamber and housing community, we support that.

Thank you very much. Any further public visitor discussion? No? Seeing none, I'll turn it over to the council. Do you have any comments or thoughts about this boundary? Yes, Gary.

I'd like to know when are we going to be able to see the housing study?

It was being finalized last week.

They made a change today, so I would believe John and I have been back and forth with that firm on it. It's probably no later than the end of this week. It will be released, and I have to just get with John how do we want to then share that to the community, let alone county and our boards. So it's pretty much 99% done as we stand here tonight.

i don't know about other people in the council but i'd like to see a housing study before we start ahead with the tiff well so i will say that we're not going to be voting on the tiff today right now we're just talking with the boundaries of the tiff which is that square i wish you could show it on the screen okay actually you can show it on this screen right we're just talking with the boundary of the of the tiff that's all we're talking about today we're not approving the tiff and i understand i want to see the housing study too So where is that? There it is. And here's the heights and up there's the quarters. Right now that's grass and thistles.

Yes, go ahead.

to go forward with this today and decide not to go forward with the TIP later, what would the impact be?

What exactly, yeah, how can we go to help? Sure, very good question. Really, if you choose not to do the TIF on it, I don't mean to make light of this. I think the only question will be, can we use 13 again or do we have to go to 14? And I say that because Mr. Jesse is laughing, but the state was very specific that we have to number these sequentially and the statutes. And I don't know what that looks like if this is considered that 13 is done then and we have to enable 14. We probably would, if you approve the boundaries tonight and you don't approve a project plan, we probably would at some point bring a resolution to the city council just acknowledging that the project plan's not moving forward or something along that line. I would say in staff's opinion, this does not lock you in to anything tonight other than the boundaries of what that TIF district would be. You as a city council would control the amount of TIF that you would want, that you would award to it. You could control the length of time. Maximum by state law is 20 years. If you decided that we're going to do a 10-year, you have that ability. When we were developing the TIF guidelines starting last December through – And kudos to the city council. You talked a lot about, and they weren't always universally popular, but having performance standards in your TIFs. So that, to the question that Mr. Greylobe raised, is that we're not taking these properties quote off the tax, we're not removing that increment from benefiting the total of our community because obviously the base is still paid. But if they're not producing, that we end that TIF. And so how much that is, how long that goes, that is all at the discretion of the city council through the project plan and ultimately through the developer's agreement that you approve. So it does not in any way harm the city if you do not proceed with a project plan. It's not maybe going to be viewed super favorably by the developer, right? They probably may not have as strong an interest in developing in Vermilion if that happens. But it does not lock the city into doing anything tonight after approving the boundaries.

So it would be essentially just drawing, making that line a yellow line, setting it aside, so that from there on, all conversations about tip 13 would be about, this is it, this is it, this is the only piece of land that we're talking about when we jump up to 13, and that's it. Yes, although I... We're not looking into any tax implications at this...

Correct. There's absolutely no tax implications that are being locked in. Just to clarify, and it has never happened in Vermillion, but it is possible to amend that boundary to grow it by a certain amount. Now, given that the neighborhood around there is developed, there's less incentive to do that, but it is a possibility to amend the boundary. But I don't foresee that happening with this one.

No, don't be sorry, go ahead.

So basically what we're doing is we're establishing the legal address as the boundary of the TIF.

Yes, that's a fair way to look at it, yes.

Yes.

Well then, if the TIF wouldn't go through somewhere along the line, it kind of messes you up on your numerical sequencing. And if we've got a couple of the mayor and other community members or council members wanting to find out what that housing study is, are we maybe rushing this by one meeting? If we waited, if the housing study will be ready in a week and people guess yes to that, is that?

I would say the housing study will help us determine the imperative for what we need to build but it wouldn't necessarily determine which lots or where the building occurs this is a particular developer landowner wants to have a tip in this particular spot so this meeting today is just about the boundaries of that particular project rather than a comment on what are we going to build in the future i haven't seen the housing study yet either yes

Could we maybe have a plan of, if it's not already set by a state statute, can we discuss this with what to do with the enumerating of these two things, so that question doesn't exist in the future? I mean, this seems like a good question that we should figure out. independent of this particular situation. But then, personally, I would see 613 would always be the conversation that we're having around this, but it would need to be defined.

I haven't gotten very far in this book, but if there's a consensus that we should table this discussion, I don't exactly know how that is done. Is there a consensus we should table this? No, okay.

I believe if you're going to do that, I'm looking at Alex here, I believe the proper language is to continue that, and it's helpful to continue. It's either, it's more helpful to continue it to a date certain than to just put it in the book. Yep. Yep.

Mr. Jesse's a liar. Okay, all right. Or is there a consensus that we can vote on these boundaries tonight? I'm sorry, yes. I'm sorry, Jeffrey.

May I address the council?

I have no objection. You didn't use your five minutes yet. Oh, I'm sorry. I'm only on page four. OK, so it has to be. Very good. Very good. So are we all in favor of having Jeffrey come back up and speak for another moment or two? Yes. Any opposed? Come on up.

Thank you for the second opportunity to address the council. Just listening to the dialogue, so were I on the council, I did just want to say that I would probably vote to move this forward at this time, simply establishing the boundaries. My comments previously were intended for your future consideration, and I think that slowing this process at this time doesn't seem desirable to me. So I just wanted to make sure that I had clearly stated my previous my previous thoughts about that. So thank you.

Thank you.

Yes. I have to admit Jeffrey and I are I guess on the same wavelength now concerning this because especially what I was thinking when you were talking about the housing study and perhaps delaying until we got the housing study well how many weeks are we going to how many weeks is it going to take to digest the housing study and know what we want to do next? I would rather that we go ahead with what's recommended here, set the TIF boundaries, and then the housing study can come in and we can start working on that too. I don't know why we can't work on both of these simultaneously. Can't talk. That's my pitch.

Any further comments from council members? Mike?

I would agree with that settlement. I think we need to move forward on these boundaries tonight as far as waiting for the housing study. We know we need it. The housing study told us that in 2022. I'm sure certainly it's going to tell us the same thing again. I've admittedly been skeptical on TIFs throughout this whole time I've been on the council. But if we don't do TIFs, we don't get the developers. They move to other towns and then they do it. So waiting on a housing study if the numbers aren't quite what you think it should be and then just throwing it out because, well, it didn't meet our approval, I think that's wrong. We need to move forward in this town, not kick people out or turn people away because, well, we didn't like that number. So if you want to ruin Vermillion and ruin development, start doing that. That's my opinion on it. Other than that, we need to move this forward and keep things going. That's what we've been doing for the last four years and this town before that even. So we need to keep stuff going that way.

Very good. Anybody else? Very good.

I'll make a motion to approve the boundary.

Very good. Is there a second to that?

Second.

Moved and seconded. All in favor of establishing the boundaries of TIF number 13 as presented by staff, indicate by saying aye. Aye. Aye. Opposed, nay. Passes. When I said opposed, nay, I mean opposed, say nay, I wasn't. Tongue tied. All right, next item is the Consent Agenda. Any item listed on the Consent Agenda may, by the request of any single council member, be considered as a separate item under the new business section of the agenda. If a member of the public would like to discuss any Consent Agenda items, please notify the mayor during the public comment period, have it considered as a separate item under the new business section. Consent Agenda. What do we have on the Consent Agenda? A fuel quote and the assignment of the . I didn't see the fuel quotes.

Our monitor's in front. Oh, sorry.

Sorry. There they are. Did Ted want to explain that to us, or do we care? I don't know what we normally do. How often do we get field quotes? Is that monthly, annually?

It'll be at the first meeting every month that you'd have these field quotes. Yep.

I'm looking for bulletins at the table. Any discussion on the consent agenda? All in favor say aye. All opposed say nay. The agenda passes. I assume that includes the airport hangar lease, correct? Okay, very good. Old business, we have no old business. New business number A is the Vermilion Housing Authority appointment. We have one vacancy on the Housing Authority. By state statute, the City Council is charged with appointing members of the Vermilion Housing Authority. And one individual had, there's one opening. One individual has submitted an expression of interest form for the vacancy on the Verillion Housing Authority Board. However, that application was not complete. I'm asking that we return that application to the applicant, ask them to complete it and continue having expression of interest or having the opening posted on the city's website. I'm making no appointments at this time. So that's that, right?

I believe so because the mayor is the one who makes the recommendation and the council then says yes or no on the recommendation. So if the mayor chooses not to make a recommendation at this time, then there's not an item for the city council to vote on.

And number B is the resolution to have a mutual aid agreement between Pierceford and us.

Thank you. Due to some recent staffing issues and barriers for it, officials with the city approached officials of the city of Vermillion with a request to enter into a formal written agreement for mutual aid in the event of an emergency situation. Specifically, this would be with the two light and power departments. The attached resolution and the accompanying mutual aid agreement establishes protocols for requesting, providing, and compensation related to providing assistance for emergency situations. Kind of helps clarify the before and after details. What's the requesting and responding municipalities have to address, billing, what was used, stuff like that. The attorneys have reviewed the mutual aid agreement and Beersford did approve this at their June 25th, 2026 meeting. A copy of the agreement signed by officials has been included in the packet from the city of Beersford. The agreement would help make it easier, would also help make it easier to determine costs for which city would be responsible for paying certain things. As of now, administration recommends approval of the resolution adopting the mutual aid agreement with the city of Beersford.

Very good. Are there any visitors preferred on this subject? Seeing none. Boy, the crowd really thinned out. discussion of City Council I guess I got I'm not funny enough I'll just say it seems fairly straightforward to me we have an informal arrangement already and we're formalizing it so it it meets the recruits you know the lawyers are happy that's that's important any further discussion all in favor of approval the resolution adopting mutually aid agreement with the city of Beersford indicate by saying aye Opposed say nay. Motion passes. The next item is the hangar lease agreement, but was that not, I didn't understand the difference between that one and the consent agenda item. If you could explain that please.

Yep, so the consent agenda item is for the lease of this hangar right here. Okay. and this item is for the lease of this land. Right now. I see, very good. I'm sorry, I didn't understand that. Carry on. Yeah, so City staff has actually been working since October of last year with Nebraska Iowa Helicopter on them having the possibility of leasing some land at the city's airport to move some of their operations into the city. Nebraska and Iowa Helicopter, they are a spraying company. They have helicopters, and I think today if you were at the noon meeting at the airport, you might have heard Denny speaking about the helicopters that are going to be coming here and that they're loading and getting ready with all the chemicals. That's what he was referencing. The owner has purchased a hanger that you mentioned that was item that was discussed at the consent agenda. So they purchased this hanger and they're going to be moving, starting to move some of their operations there and to this land after tonight. And their intent is to store equipment and chemicals within that space. If the chemicals are going to be stored within the land, the bare land there, we are going to have to work with them and with Danner. regarding containment. So we're starting the process of working with them. We don't have a permit process, the city doesn't, but we do work with Danner with the state regarding all of the requirements that they have to follow and we make sure that they talk to Danner and we talk to Danner and everybody gets along. So that's something that we're working on. The long-term plan from the owner is to actually eventually build an additional hangar in that space to have additional space for storing equipment and then more than likely have an outdoor space for loading the chemicals similar to the aerial spray applicator that you have on the west side of that taxiway. The lease agreement that you guys are considering today is very typical and it's very typical for a recent new lease agreement that we have at the airport. The length of it is for an initial 10 years with an option to add another 10 years to the lease. The lease amount is actually 15 cents per square foot of the entire area. We moved away from the 5 cents for the building space and 10 cents for the unused space. That change happened last year. There's no cap on future lease rating increases. That's something that we've also moved away from. And the lease payments are going to be once per year. That's typical for all of the agreements that we have at the airport. Based on the size of the parcel being leased, so it's a 50 by 160, and the rate of 15 cents per square foot, the yearly rent would be $1,200, which is a lot of money for the airport. Regardless of that, staff recommends that the city council allow the mayor to sign the hangar lease agreement with Nebraska Iowa Helicopter LLC.

Thank you very much. Any visitors to talk about this? No? Okay, all right, very good. Discussion up here. Yes, Al.

Just if those chemicals are going to need a containment, I assume that's on the owner of the company that's going to pay for all that containment. The city's not paying for that, is it?

No, the city doesn't pay for the containment. That's a requirement that we would make. Same thing with the state.

And same thing if there's an architect involved or a banner associate, they're going to pay for that study or whatever they have to do.

Yep. We literally are just leasing them the land. Anything else is their cost. Thank you.

Any other comments? Second, moved and seconded. All in favor of allowing me to sign the hangar lease agreement with NEIA Helicopter Company? Any can't say aye? Opposed say nay. Passes. Thank you. Thank you. And no bid openings today, so right to the city manager's report.

Thank you, Mayor. Just a couple of meetings coming up here before your next city council meeting on July 20th. The Historic Preservation Commission is meeting this Wednesday, July 8th. It's at 9 a.m. This one is a little bit different. They're going to the former Jolly School site for their meeting. The plaque that recognizes the presence of the school there, they're going to be looking at that and reviewing that. They're actually having an off-site meeting, or off-site from City Hall anyway, this coming Wednesday at 9 a.m., the City's Historic Preservation Commission. The Library Board meets on Wednesday, July 15th at 6 p.m. in the Kozak Room. Your Planning and Zoning Commission, their next scheduled meeting is on July 13th, next Monday. A couple of items on their agenda right now include a zoning amendment for Munger Ridge Plan Development District. This is located on the west side of Highway 19, just south of Vermillion River. Earlier, you saw the annexation item that led to adjusting the Northwest Ward boundary. This is that same property that's being talked about. They're bringing forward a planned development district for that property. So that will be going to the Planning and Zoning Commission on July 13th and then to the City Council on July 20th. And another item on the Planning and Zoning Commission meeting would be, assuming they get everything put together, would be the project plan for TIF District Number 13 that you just heard about a few minutes ago. Just a reminder, before your next city council meeting on July 20th, there is a joint meeting with the Clay County Commission, and that will be at 5.30 p.m. here in this room. That is two items. One is a rezoning amendment for some property on Timber Road, about a mile, I believe, west of the city limits. That would be going from Ag A1 to Light Industrial. And the second item is an ordinance to amend the boundaries of the JJZA, the Joint Jurisdictional Zoning Area. So those are the two items. that you as a city council will be meeting with the Clay County Commission on Monday, July 20th at 5.30. The final year, we do have a one year term left on the Planning and Zoning Commission. Mayor O'Kelly was on there. This is a term that he is vacating because he cannot serve on both of those. So we do have a one year left of a Planning and Zoning Commission term. We do ask that expression of interest forms be submitted by 5 p.m. On Thursday July 16th and it's anticipated the City Council would appoint someone to that term at your July 20th meeting Will you have some information available on the city's website? Just reminders that time of year Thursdays on the Platts will be starting on Thursday July 16th So just reminder that Main Street as it abuts the Platts East through Prospect Street intersection Prospect Street for half a block north of West Main Street and then Market Street as it abuts the Platts. Those will be closed on those respective Thursdays through August 27th minus Fair Week. And that closing is from 4 to 8 p.m. each one of those Thursdays. And then included with your City Council packet was a raffle notification. The Boys and Girls Club, they are selling $20 raffle tickets from August 10th through the 15th of this year. The prize is an eight by 10 white storage shed. I believe it is the same storage shed that is located in front of the building right now, but if not, it certainly looks a lot like that. All proceeds from this raffle will be used for youth programming at the Vermilion Boys and Girls Club location. That's all that I have, Mr. Mayor.

Thank you very much. I can just comment. I was on the Boys and Girls Club Advisory Council and that shed that's up for raffle was actually won by Mr. Brady and he donated it back to be raffled off again. He won it in the last raffle, donated it back to be raffled off again. So thank you, Mr. Brady. I'll be going to Germany with the German-American Partnership Program on Wednesday. I don't know what to say about that. So you president, vice president, may I? No, I'll be back before the next meeting. Well, that's right, that's right. Who else is going? And so several of us are going. Just one final comment is I did see that monger addition that we just annexed. If you look at it the right way, it looks like a howling coyote. Have you seen that? Take a look at that. It looks like that. It looks like a howling coyote. You're never going to get that on your mind now again, okay? All right. Do I have a motion to adjourn? A second? Second. All in favor?