City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · March 8, 2022
Minutes
Unapproved Minutes
Council Special Joint Meeting with County Commissioners
March 8, 2022
Tuesday 5:30 p.m.
The special Joint Meeting with Clay County Commissioners and the
Vermillion City Council, City of Vermillion, South Dakota was held on
Tuesday, March 8, 2021 at 5:30 p.m. at the City Hall Council Chambers.
1. Roll Call
Present: Hellwege, Humphrey, Jennewein, Price, Ward, Mayor Collier-Wise
Absent: Holland, Letellier,
2. Adoption of Agenda
72-22
Council Member Price moved approval of the agenda. Council Member
Humphrey seconded the motion. Motion carried 6 to 0. Mayor Collier-Wise
declared the motion adopted.
3. Visitors to be Heard - None
4. Public Hearing
A. Second Reading of Ordinance 1454 to amend the 2012 Joint Zoning
Regulations for Clay County and the City of Vermillion by Amending
Chapter 6 LI: Light Industrial District, Purpose; Section 6.02
Conditional Uses; and Section 6.02 Applicable Standards
Jose Dominguez, City Engineer, reported that, on December 27, 2021, the
City and County Planning Commissions met jointly to discuss possible
changes to the LI: Light Industrial District (LI District) of the Joint
Zoning Regulations for Clay County and the City of Vermillion. Jose
stated that the proposed changes were due to a recent rezoning request
for land in the Joint Jurisdictional Zoning Area where the request was
seeking to make an existing use conforming. Jose noted that, although
the rezoning request was later withdrawn by the applicant, the County
and the City were willing to consider amendments to the zoning ordinance
to allow the existing use within the LI: Light Industrial District. Jose
noted that, if the amendments were to be adopted, the owner would then
be able to request the property, or parts of it, to be rezoned into the
LI District to make the current use conforming.
Jose stated that the City Planning and Zoning Commission considered this
item at a Joint meeting with the Clay County Planning Commission on
1
January 24, 2022 and they unanimously recommended that the City Council
adopt the proposed amendment. Jose noted that the Joint Jurisdictional
Zoning Area (JJZA) was created by the County and the City in 2012 and
the zoning ordinance was created with the intent to allow the County and
the City to each have a say in existing and proposed land uses in an
area that would directly impact the City’s growth. Jose stated that the
JJZA tries to maintain the rural characteristics of the surrounding area
while allowing for some light development. Jose noted that the
ordinance’s intent, based on the adopted comprehensive plan for the JJZA,
is to direct development towards areas within City limits, or areas that
can be annexed by the City and serviced with municipal infrastructure.
Jose noted that the proposed amendments to the LI District include “grain
terminal/grain processing” and “agribusiness” uses as conditional uses.
Jose stated that these two changes would allow for additional
agricultural uses to be possible in the LI District. Jose noted that the
statement describing the purpose of the district would be amended by
removing portions from the second sentence and this change would better
describe the uses that are not allowed in the LI District.
Jose noted that the first reading of the ordinance by the City Council
occurred on February 7, 2022. Jose noted that, at that meeting, the City
Council approved the first reading and moved for the second reading to
be considered at a joint meeting. Jose stated that the County Commission
had first reading of the ordinance on February 22, 2022.
73-22
Second reading of title to Ordinance No. 1454, entitled AN ORDINANCE
AMENDING THE 2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY AND THE CITY
OF VERMILLION, CHAPTER 6 LI: LIGHT INDUSTRIAL DISTRICT for the City of
Vermillion, South Dakota.
Mayor Collier-Wise read the title to the above named Ordinance, and
Council Member Hellwege moved adoption of the following:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to the proposed Ordinance No. 1454 entitled AN ORDINANCE AMENDING THE
2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY AND THE CITY OF VERMILLION,
CHAPTER 6 LI: LIGHT INDUSTRIAL DISTRICT was first read and the Ordinance
considered substantially in its present form and content at a regularly
called meeting of the Governing Body on the 7th day of February, 2022
and that the title was again read at this meeting, being a regularly
called meeting of the Governing Body on this 8th day of March, 2022 at
the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7
as amended.
BE IT RESOLVED and ordained that said Ordinance be adopted to read as
follows:
2
ORDINANCE 1454
AN ORDINANCE AMENDING THE 2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY
AND THE CITY OF VERMILLION, CHAPTER 6 LI: LIGHT INDUSTRIAL DISTRICT.
BE IT ORDAINED, by the Governing Body of the City of Vermillion, South
Dakota that Chapter 6 LI: Light Industrial District for the Joint Zoning
Jurisdiction Area of Clay County and the City of Vermillion be amended
by modifying the “Purpose” of the district and including “Grain
Terminal/Grain Processing” and “Agribusiness” uses as conditional uses.
All other portions of Chapter 6 LI: Light Industrial District will remain
as they are. Following is the amendment:
Purpose of district:
The purpose of this district is to provide for a number of light
manufacturing, wholesale, warehousing, and service uses in an attractive
industrial park like setting. These uses do not include residences,
apartments, or commercial uses, which are primarily retail in nature. It
is the intent of this district to provide high amenity industrial
development along the major roads, while allowing for slightly heavier
development in the interior of the industrial areas. The LI Light
Industrial District, where permitted, shall generally be located where
provisions can be made to adequately handle the sewage disposal, where
the value of the land for agricultural use is marginal, and where the
water supply, roads, and emergency services are easily and economically
available.
6.02 Conditional Uses
Conditional Uses Applicable
Grain Terminal/Grain Standards
11.01, 11.03, 11.04, 11.05, 16.01
Processing
Agribusiness 11.01, 11.03, 11.04, 11.05, 16.01
Dated at Vermillion, South Dakota this 8th day of March 2022.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY__________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY______________________________
Katie E. Redden, Finance Officer
Adoption of the Ordinance was seconded by Council Member Ward. Thereafter
the question of the adoption of the Ordinance was put to a roll call
3
vote of the Governing Body, and the members voted as follows: Hellwege-
Y, Humphrey-Y, Jennewein-Y, Price-Y, Ward-Y, Mayor Collier-Wise-Y.
Motion carried 6 to 0. Mayor Collier-Wise declared that the Ordinance
has been adopted and directed publication thereof as required by law.
B. Second Reading of Ordinance 1455 to amend the 2012 Joint Zoning
Regulations for Clay County and the City of Vermillion by Amending
Chapter 3 A-1: Agricultural District; Section 3.02 Conditional Uses; and
Section 3.02 Applicable Standards
Jose Dominguez, City Engineer, reported that, on December 27, 2021, the
City and County Planning Commissions met jointly to discuss possible
changes to the A-1: Agricultural District (A-1 District) of the Joint
Zoning Regulations for Clay County and the City of Vermillion. Jose noted
that the proposed changes would correct an error found recently in the
A-1 District that accidentally excluded “telecommunications tower” use.
Jose stated that the City Planning and Zoning Commission considered this
item at a joint meeting with the Clay County Planning Commission on
January 24, 2022. Jose noted that, at that meeting following the public
hearing, the City’s Planning and Zoning Commission voted to unanimously
recommend that the City Council adopt the proposed amendment.
Jose stated that the Joint Jurisdictional Zoning Area (JJZA) was created
by the County and the City in 2012 and the zoning ordinance was created
with the intent to allow the County and the City to each have input in
existing and proposed land uses in an area that would directly impact
the City’s growth. Jose noted that the JJZA tries to maintain the rural
characteristics of the surrounding area, while allowing for some light
development. Jose stated that the proposed amendment to the A-1 District
will include “telecommunications tower” as a conditional use. Jose noted
that staff believes that the exclusion of this use from this district in
the original adoption of the JJZA zoning ordinance was in error since
another similar use is already found as a conditional use in this district
(e.g., “broadcast tower”).
Jose noted that the first reading of the ordinance by the City Council
occurred on February 7, 2022. Jose noted that, at that meeting, the City
Council approved the first reading and moved for the second reading to
be considered at a joint meeting. Jose stated that the County Commission
had first reading of the ordinance on February 22, 2022.
74-22
Second reading of title to Ordinance No 1455, entitled AN ORDINANCE
AMENDING THE 2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY AND THE CITY
OF VERMILLION, CHAPTER 6 LI: LIGHT INDUSTRIAL DISTRICT for the City of
Vermillion, South Dakota.
4
Mayor Collier-Wise read the title to the above named Ordinance, and
Council Member Price moved adoption of the following:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to the proposed Ordinance No, 1454 entitled AN ORDINANCE AMENDING THE
2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY AND THE CITY OF VERMILLION,
CHAPTER 3 A-1: AGRICULTURAL DISTRICT was first read and the Ordinance
considered substantially in its present form and content at a regularly
called meeting of the Governing Body on the 7th day of February, 2022
and that the title was again read at this meeting, being a regularly
called meeting of the Governing Body on this 8th day of March, 2022 at
the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7
as amended.
BE IT RESOLVED and ordained that said Ordinance be adopted to read as
follows:
ORDINANCE 1455
AN ORDINANCE AMENDING THE 2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY
AND THE CITY OF VERMILLION, CHAPTER 3 A-1: AGRICULTURAL DISTRICT.
BE IT ORDAINED, by the Governing Body of the City of Vermillion, South
Dakota that Chapter 3 A-1: Agricultural District for the Joint Zoning
Jurisdiction area of Clay County and the City of Vermillion be amended
by including “telecommunications tower” use as a conditional use. All
other portions of Chapter 3 A-1: Agricultural District will remain as
they are. Following is the amendment:
11.02 Conditional Uses
Conditional Uses Applicable Standards
Telecommunications
11.01, 11.03, 11.05, 11.08, 16.01
Tower
Dated at Vermillion, South Dakota this 8th day of March 2022.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY______________________________
Katie E. Redden, Finance Officer
5
Adoption of the Ordinance was seconded by Council Member Ward. Thereafter
the question of the adoption of the Ordinance was put to a roll call
vote of the Governing Body, and the members voted as follows: Hellwege-
Y, Humphrey-Y, Jennewein-Y, Price-Y, Ward-Y, Mayor Collier-Wise-Y.
Motion carried 6 to 0. Mayor Collier-Wise declared that the Ordinance
has been adopted and directed publication thereof as required by law.
5. Adjourn
75-22
Council Member Hellwege moved to adjourn the Council special session at
5:36 p.m. Council Member Ward seconded the motion. Motion carried 6 to
0. Mayor Collier-Wise declared the motion adopted.
Dated at Vermillion, South Dakota this 8 day of March, 2022.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY___________________________________
Katie E Redden, Finance Officer
Published once at the approximate cost of ___________.
6
Agenda
City of Vermillion Council Agenda
5:30 p.m. Joint Meeting with
Clay County Commission
Tuesday, March 8, 2022
City Council Chambers
25 Center Street
1. Roll Call
2. Adoption of the Agenda
3. Visitors to be Heard
4. Public Hearings
a. Second Reading of Ordinance 1454 to amend the 2012 Joint Zoning Regulations for Clay County and the
City of Vermillion by Amending Chapter 6 LI: Light Industrial District, Purpose; Section 6.02 Conditional
Uses; and Section 6.02 Applicable Standards.
b. Second Reading of Ordinance 1455 to amend the 2012 Joint Zoning Regulations for Clay County and the
City of Vermillion by Amending Chapter 3 A-1: Agricultural District; Section 3.02 Conditional Uses; and
Section 3.02 Applicable Standards.
5. Adjourn
Access the City Council Agenda on the web – www.vermillion.us
Addressing the Council: 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.
a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks
are limited to 5 minutes and no decision will be made at this time.
b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the
Mayor and explained by staff. Any citizen who wishes may speak one time for 5 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 a 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.
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desire to attend this public meeting and need special accommodations, please notify the City Manager's Office at 677-7050 at least 3
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Vermillion City Council’s Values and Vision
This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and
promoting these ideals to a consistently increasing populace.
4. Public Hearings; item a
Council Agenda Memo
From: Jose Dominguez, City Engineer
Meeting: March 8, 2022
Subject: Second Reading of Ordinance 1454 to amend the 2012 Joint Zoning
Regulations for Clay County and the City of Vermillion by Amending
Chapter 6 LI: Light Industrial District, Purpose; Section 6.02
Conditional Uses; and Section 6.02 Applicable Standards
Presenter: Jose Dominguez
Background: On December 27, 2021, the City and County Planning Commissions
met jointly to discuss possible changes to the LI: Light Industrial District (LI
District) of the Joint Zoning Regulations for Clay County and the City of Vermillion.
The proposed changes were due to a recent rezoning request for land in the Joint
Jurisdictional Zoning Area. The request sought to make an existing use conforming.
Although the rezoning request was later withdrawn by the applicant, the County and
the City were willing to consider amendments to the zoning ordinance to allow the
existing use within the LI: Light Industrial District. If the amendments were to be
adopted, the owner would then be able to request the property, or parts of it, to be
rezoned into the LI District to make the current use conforming.
The City Planning and Zoning Commission considered this item at a Joint meeting
with the Clay County Planning Commission on January 24, 2022. At that meeting,
following the public hearing, the City’s Planning and Zoning Commission
unanimously recommended that the City Council adopt the proposed amendment.
The first reading of the ordinance by the City Council occurred on February 7, 2022.
At that meeting, the City Council approved the first reading and moved for the
second reading to be considered at a joint meeting. The County Commission had
first reading of the ordinance on February 22, 2022.
Discussion: The Joint Jurisdictional Zoning Area (JJZA) was created by the County
and the City in 2012. The zoning ordinance for the JJZA was created with the intent
to allow the County and the City to each have a say in existing and proposed land
4. Public Hearings; item a
uses in an area that would directly impact the City’s growth. The JJZA tries to
maintain the rural characteristics of the surrounding area, while allowing for some
light development. The ordinance’s intent, based on the adopted comprehensive
plan for the JJZA, is to direct development towards areas within City limits, or areas
that can be annexed by the City and serviced with municipal infrastructure.
The proposed amendments to the LI District include “grain terminal/grain
processing” and “agribusiness” uses as conditional uses. These two changes would
allow for additional agricultural uses to be possible in the LI District. Additionally,
the statement describing the purpose of the district would be amended by removing
portions from the second sentence. This change would better describe the uses that
are NOT allowed in the LI District.
Financial Consideration: The only cost incurred by the City has been that of
publishing the notice in the Plain Talk.
Conclusion/Recommendations: Administration recommends approval of the
second reading of Ordinance 1454. Since this is a second reading, a roll call vote is
required.
The process for adoption of the amendments requires that they be considered at a
joint public hearing with the County and City Planning and Zoning Commissions.
As noted, this step has been completed for this item. After this meeting, the
respective recommendations are taken to the individual governing bodies. Due to
this being an ordinance amendment, the governing bodies will conduct two meetings
or readings to consider the ordinance. The first reading of the ordinance is conducted
separately, and the second reading is a joint meeting of the two governing bodies.
This is a similar sequence followed for the adoption of the original ordinance and
for most of the ordinance amendments since 2012. The only difference to other
ordinance adoptions is that the joint meeting or second reading of the ordinance will
need to occur regardless of the results of the first reading.
ORDINANCE 1454
AN ORDINANCE AMENDING THE 2012 JOINT ZONING REGULATIONS FOR CLAY
COUNTY AND THE CITY OF VERMILLION, CHAPTER 6 LI: LIGHT INDUSTRIAL
DISTRICT.
BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Chapter
6 LI: Light Industrial District for the Joint Zoning Jurisdiction Area of Clay County and the City
of Vermillion be amended by modifying the “Purpose” of the district and including “Grain
Terminal/Grain Processing” and “Agribusiness” uses as conditional uses. All other portions of
Chapter 6 LI: Light Industrial District will remain as they are. Following is the amendment:
Purpose of district:
The purpose of this district is to provide for a number of light manufacturing, wholesale,
warehousing, and service uses in an attractive industrial park like setting. These uses do not include
residences, apartments, or commercial uses, which are primarily retail in nature. It is the intent of
this district to provide high amenity industrial development along the major roads, while allowing
for slightly heavier development in the interior of the industrial areas. The LI Light Industrial
District, where permitted, shall generally be located where provisions can be made to adequately
handle the sewage disposal, where the value of the land for agricultural use is marginal, and where
the water supply, roads, and emergency services are easily and economically available.
6.02 Conditional Uses
Conditional Uses Applicable Standards
Grain Terminal/Grain
11.01, 11.03, 11.04, 11.05, 16.01
Processing
Agribusiness 11.01, 11.03, 11.04, 11.05, 16.01
Dated at Vermillion, South Dakota this 8th day of March 2022.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY______________________________
Katie E. Redden, Finance Officer
First Reading: February 7, 2022
Second Reading: March 8, 2022
Published: March 18, 2022
Effective: April 8, 2022
4. Public Hearings; item b
Council Agenda Memo
From: Jose Dominguez, City Engineer
Meeting: March 8, 2022
Subject: Second Reading of Ordinance 1455 to amend the 2012 Joint Zoning
Regulations for Clay County and the City of Vermillion by Amending
Chapter 3 A-1, Agricultural District; Section 3.02 Conditional Uses;
and Section 3.02 Applicable Standards
Presenter: Jose Dominguez
Background: On December 27, 2021, the City and County Planning Commissions
met jointly to discuss possible changes to the A-1: Agricultural District (A-1
District) of the Joint Zoning Regulations for Clay County and the City of Vermillion.
The proposed changes would correct an error found recently in the A-1 District that
accidentally excluded the “telecommunications tower” use.
The City Planning and Zoning Commission considered this item at a Joint meeting
with the Clay County Planning Commission on January 24, 2022. At that meeting,
following the public hearing, the City’s Planning and Zoning Commission
unanimously voted to recommend that the City Council adopt the proposed
amendment.
The first reading of the ordinance by the City Council occurred on February 7, 2022.
At that meeting, the City Council approved the first reading and moved for the
second reading to be considered at a joint meeting. The Clay County Commission
had first reading of the ordinance on February 22, 2022.
Discussion: The Joint Jurisdictional Zoning Area (JJZA) was created by the County
and the City in 2012. The zoning ordinance for the JJZA was created with the intent
to allow the County and the City to each have input in existing and proposed land
uses in an area that would directly impact the City’s growth. The JJZA tries to
maintain the rural characteristics of the surrounding area, while allowing for some
light development. The ordinance’s intent, based on the adopted comprehensive
plan for the JJZA, is to direct development towards areas within City limits, or areas
that can be annexed by the City and serviced with municipal infrastructure.
4. Public Hearings; item b
The proposed amendment to the A-1 District will include “telecommunications
tower” as a conditional use. As mentioned previously, Staff believes that the
exclusion of this use from this district in the original adoption of the JJZA zoning
ordinance was in error since another similar use is already found as a conditional use
in this district (e.g., “broadcast tower”).
Financial Consideration: The only cost incurred by the City has been that of
publishing the notice in the Plain Talk.
Conclusion/Recommendations: Administration recommends approval of the
second reading of Ordinance 1455. Since this is a second reading a roll call vote is
required.
The process for adoption of the amendments requires that they be considered at a
joint public hearing with the County and City Planning and Zoning Commissions.
As noted, this step has been completed for this item. After this meeting, the
respective recommendations are taken to the individual governing bodies. Due to
this being an ordinance amendment, the governing bodies will conduct two meetings
or readings to consider the ordinance. The first reading of the ordinance is conducted
separately, and the second reading is a joint meeting of the two governing bodies.
This is a similar sequence followed for the adoption of the original ordinance, and
for most of the ordinance amendments since 2012. The only difference to other
ordinance adoptions is that the joint meeting or second reading of the ordinance will
need to occur regardless of the results of the first reading.
ORDINANCE 1455
AN ORDINANCE AMENDING THE 2012 JOINT ZONING REGULATIONS FOR CLAY
COUNTY AND THE CITY OF VERMILLION, CHAPTER 3 A-1: AGRICULTURAL
DISTRICT.
BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Chapter
3 A-1: Agricultural District for the Joint Zoning Jurisdiction area of Clay County and the City of
Vermillion be amended by including “telecommunications tower” use as a conditional use. All
other portions of Chapter 3 A-1: Agricultural District will remain as they are. Following is the
amendment:
11.02 Conditional Uses
Conditional Uses Applicable Standards
Telecommunications Tower 11.01, 11.03, 11.05, 11.08, 16.01
Dated at Vermillion, South Dakota this 8th day of March 2022.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Kelsey Collier-Wise, Mayor
ATTEST:
BY______________________________
Katie E. Redden, Finance Officer
First Reading: February 7, 2022
Second Reading: March 8, 2022
Published: March 18, 2022
Effective: April 8, 2022
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