Vermillion council approves new garbage fine schedule, advances rezoning and clears final plat for Jolly Addition

The Vermillion City Council on Tuesday approved a stepped fine schedule for violations of the city's garbage-collection rules, advanced a rezoning request for two lots in the Jack Powell Addition and approved the final plat for the Jolly Addition, clearing the way for the former Jolly School site to be subdivided into lots and a park.

The garbage-related measures were the meeting's clearest policy decisions. Council members adopted ordinance changes and a companion resolution to let the council set fines for collecting garbage on the wrong day or before the permissible start time. John, a city staff member, told the council the ordinance language being adopted would allow the council to set a fine by resolution and presented two penalty options. "We do recommend approval of the second reading of ordinance 1527," John said. The council approved the ordinance on a roll call vote of 9 yeas, 0 nays and later adopted the enhanced fine schedule by voice vote.

The fine schedule the council adopted scales a first offense within a calendar year at $56.50 plus court costs and $106.50 for a second offense within that calendar year; court costs discussed at the meeting were $72.50. John reminded the council that state law caps municipal fines and that the council's proposals were consistent with other local penalty schedules.

Why this matters: The change gives the city a clear enforcement mechanism for complaints about early or off-day residential collection, which staff said recurs periodically and prompted the code amendment after a recent citation.

Other actions and major discussion:

- Rezoning advanced: Jose, a city staff member, presented a first reading of ordinance 1528 to rezone lots 1 and 2, block 1 of the Jack Powell Addition from R-3 (Residential) to GB (General Business). The planning and zoning commission had unanimously recommended the rezoning (7-0) on Jan. 13. The council voted to advance the ordinance to a second reading for final consideration on Feb. 3. Jose said the intent of the lots is "to provide space for commercial development in a prominent corner of the city," near Highways 50 and 19.

- Final plat approved for Jolly Addition: The council approved the city's final plat for the Jolly Addition, a roughly 3.5-acre subdivision that will create 13 single-family lots and a lot (Lot 14) reserved for a park. Jose said the area had been rezoned into a planned development district in November 2023 and that covenants for the district are filed with the county register of deeds. The council discussed Maple Street's right of way: Maple currently has a 44-foot right of way (30 feet originally plus a 14-foot dedication) and staff recommended keeping it at 44 feet rather than increasing it to the 66 feet the subdivision code typically requires because the street will not be widened.

- School site demolition and asbestos abatement: Councilors asked about demolition timing for the former Jolly School. Jose said the city is soliciting bids for asbestos abatement and will award that contract on Feb. 3; abatement would precede demolition. Staff said the abatement work involves removing glazing, pipe insulation and other materials, estimating roughly 900 feet of insulation and about 127 windows that must be removed before demolition. The city plans minor infrastructure work on Maple and Linden after demolition and before selling lots.

- Noise permit and street closure for USD concert: The council approved a special permit to exceed allowable noise levels for a University of South Dakota vocal jazz concert planned for April 15, 2025, at Radigan Plots (stage on West Main Street, east-facing) and separately approved closure of South Market Street from West Main to the alley for the event, after administration said police, fire and EMS had no concerns. Nick, a city staff member, told the council the applicant had paid the $25 permit fee and that administration recommended approval unless problems were raised during the hearing.

- Administrative and routine business: The council approved the minutes, adopted the agenda, reviewed raffle filings and scheduled the next BID board meeting. The council also approved payment of the city's bills and adjourned.

Votes at a glance

- Ordinance 1527 (amend garbage collection rules to permit council-set fines): Second reading approved; roll call 9 yeas, 0 nays. Motion to approve moved by Councillor Holland; second by Councillor Cheeseman.

- Resolution establishing fine schedule for violations of city code section 5212 (garbage collection): Council adopted the enhanced, escalated schedule (first offense $56.50 + court costs; second offense within calendar year $106.50 + court costs). Motion to approve enhanced schedule moved by Councillor Price; second by Councillor Toller.

- Ordinance 1528 (first reading; rezoning lots 1 & 2, block 1, Jack Powell Addition from R-3 to GB): First reading/advance to second reading approved. Motion to advance moved by Councilor Murn; seconded by Councilor Hellwig. Final vote scheduled for Feb. 3.

- Special noise permit (USD Vocal Jazz concert, April 15, 2025, Radigan Plots): Approved. Motion approved by Councillor Holland; second by Councillor Price.

- Street closure (South Market Street for April 15 concert): Approved. Motion approved by Councillor Gentleman; second by Councillor Price.

- Final plat for Jolly Addition (city-owned parcel; 13 single-family lots; Lot 14 park): Approved. Motion approved by Councillor Gendron; second by Councillor Toller.

What council members asked and staff clarified

Council members sought specifics on the Jolly Addition park size and amenities (not yet finalized), access to recorded covenants (filed with the county register of deeds and available at the courthouse), and the asbestos-abatement timetable (bids pending; abatement precedes demolition). On garbage collection, staff noted city code sets residential collection start times (6 a.m.) and business-district times (5 a.m.) and that previous confusion about apartment buildings had been clarified in the rewritten language.

Looking ahead

The council set a second reading and final vote for ordinance 1528 on Feb. 3 and is expected to award asbestos-abatement bids for the former Jolly School that same meeting. The noise permit and street closure will support the USD event on April 15, 2025.

Sources: Vermillion City Council meeting transcript, Jan. 21, 2025.