City Council Agendas, Packets and Minutes

City of Vermillion Council Agenda 5:30 p.m. Joint Meeting with Clay County Commission Thursday, July 14, 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 1465 to Rezone Lot 1 (Except Terminal Grain Tract 1 of said Lot 1), and Lots 2, 3, & 4 of Alber’s Subdivision, being an official replat of Lot 2 of Lot A in the SW ¼ NW ¼, and Lot 2 of Lot A in the NW ¼ SW ¼); and Terminal Grain Track 1 of previously platted Lot 1 of Alber’s Subdivision; and Terminal Grain Track 2 of previously platted Lot A in the N ½ NW ¼, all in 14-92-52, West of the 5th P.M., Clay County, South Dakota, from the A-1: Agricultural District to the LI: Light Industrial District 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. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and need special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3 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: July 14, 2022 Subject: Second Reading of Ordinance 1465 to Rezone Lot 1 (Except Terminal Grain Tract 1 of said Lot 1), and Lots 2, 3, & 4 of Alber’s Subdivision, being an official replat of Lot 2 of Lot A in the SW ¼ NW ¼, and Lot 2 of Lot A in the NW ¼ SW ¼); and Terminal Grain Track 1 of previously platted Lot 1 of Alber’s Subdivision; and Terminal Grain Track 2 of previously platted Lot A in the N ½ NW ¼, all in 14-92-52, West of the 5th P.M., Clay County, South Dakota, from the A-1: Agricultural District to the LI: Light Industrial District Presenter: Jose Dominguez Background: The County received a petition to rezone approximately 43.1 acres east of the Vermillion River between the SD Hwy. 50 Bypass and West Cherry Street. The applicant is requesting that the land be rezoned from the A-1: Agricultural District to LI: Light Industrial District. The applicant states that the intent of the rezoning request is to continue using the property as he has with the existing grain elevator and rail spurs. The applicant previously requested that the area be rezoned from A-1: Agricultural District to the HI: Heavy Industrial district. After the joint Planning and Zoning Commission meeting, and the first reading of the ordinance by each individual governing body, the applicant removed the request from further consideration. Since the applicant removed the item and no official decision was made, the applicant is allowed to reapply to rezone his property. Discussion: The original ordinance for the Joint Jurisdictional Zoning Area (JJZA) was adopted by the County and the City in 2012. The ordinance was created with the intent to allow the County and the City to have a say 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 that was adopted  4. Public Hearings; item a by the County and the City, is to direct development towards areas within City limits or areas that can be annexed by the City and serviced with municipal infrastructure. Prior to the JJZA, the City exercised extraterritorial zoning outside of the City limits. As such, parts of the area being considered today were zoned in the Light Industrial zoning district. This district allowed agricultural uses and light manufacturing uses. The applicant is trying to resolve three issues. First, the existing use as a “grain elevator” is not specifically listed in the current A-1: Agricultural district; second, the existing A-1: Agricultural zoning does not allow as many possible uses as the previous extraterritorial zoning of Light Industrial; and third, the applicant would like the areas zoned industrial prior to 2012 to be rezoned to an industrial district. Staff has the following observations that the City Council should consider when making their decision: 1. In 1989, the owners at the time requested that Lots 1 and 2 of Alber’s Subdivision and all the NW ¼ NW ¼ except the East 490.3-feet of 14-92-52 be rezoned from agriculture to industrial district. After much discussion between the applicant, adjacent property owners, the City, and the County, it was agreed that the east portion of Lots 1 and 2 would remain in the agriculture district and not be rezoned industrial. The governing bodies agreed with the concerns of adjacent residential owners about the possibility of “future industrial type buildings.” 2. Current access to SD Hwy. 50 for Terminal Grain Tract 2 is through an easement leading to Over Drive. This easement is between two private entities and the City has no control over the use of the easement. However, the City does have control over access to Over Drive. 3. The area east of Terminal Grain Tract 2 has changed from farm fields to residential uses. 4. The area being considered for rezoning is described in the JJZA comprehensive plan for either commercial or residential use and not for industrial use. The current rezoning request was considered at a joint meeting of the City and County Planning and Zoning Commissions on April 25, 2022. At that time, the City’s Planning and Zoning Commission voted 5-2 in favor of rezoning the area as requested by the applicant. At this meeting, the neighbors that spoke were concerned with the possible negative effects on their property if the area was rezoned to light industrial and the possible use of the easement for business related traffic associated with light industrial use. It should  4. Public Hearings; item a be noted that the neighbors that spoke were not opposed to the current use of the property, but rather with the unknowns associated with future possible uses if the area is zoned light industrial. The City Council held the first reading of the ordinance on May 6th. After considering public comments and three motions, the Council moved that the request be amended to only rezone Lot 1 (Except Terminal Grain Tract 1 of said Lot 1), and Lots 2, 3, & 4 of Alber’s Subdivision, being an official replat of Lot 2 of Lot A in the SW ¼ NW ¼, and Lot 2 of Lot A in the NW ¼ SW ¼); and Terminal Grain Track 1 of previously platted Lot 1 of Alber’s Subdivision; all in 14-92-52, West of the 5th P.M., Clay County, South Dakota. This motion was approved by a vote of 4-3. This would allow for the rezoning of most of the area with buildings and infrastructure. The remaining portion could be rezoned later depending on the proposed use. The Clay County Board of Commissioners considered this item at their May 31st meeting. At that time, the Board of Commissioners moved that the rezoning be considered at the second reading. The second reading occurred on July 5th. This meeting was a joint meeting between the City Council and the Clay County Board of Commissioners. After public comments and discussion, the Council chose to amend the second reading from rezoning the south portion of the property to rezoning ALL the property. Due to the proposal from the City changing between the first and second reading an additional meeting is required. It was desired that this additional meeting occurs as soon as possible, with today being the date chosen. Additionally, the Council asked City Staff to work with the County on amending the LI: Light Industrial district to move some of the uses from “permitted” to “conditional” to allow for more public interaction and comments in the areas future land uses. Moving a few of the uses seemed agreeable to some of the County Commissioners. Financial Consideration: Due to the fact that the County is the administrator of the zoning ordinance within the JJZA, they collected the rezoning application fee. Conclusion/Recommendations: The City Council is asked to take public comment and consider the second reading of the zone change petition. A roll call vote is required due to this being the second reading.  ORDINANCE 1465 AMENDING APPENDIX A, 2012 JOINT ZONING REGULATIONS FOR CLAY COUNTY AND THE CITY OF VERMILLION, CHAPTER 2, SECTION 2.03(A) ZONING MAP, BY REMOVING CERTAIN REAL PROPERTY FROM THE A-1 AGRICULTURAL DISTRICT AND INCLUDING IT IN THE LI LIGHT INDUSTRIAL DISTRICT BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that Section 2.03(A) is hereby amended as follows: That Lot 1 (Except Terminal Grain Tract 1 of said Lot 1), and Lots 2, 3, & 4 of Alber’s Subdivision, being an official replat of Lot 2 of Lot A in the SW ¼ NW ¼, and Lot 2 of Lot A in the NW ¼ SW ¼); and Terminal Grain Track 1 of previously platted Lot 1 of Alber’s Subdivision; and Terminal Grain Tract 2 of previously platted Lot A in the N ½ NW ¼; all in 14-92-52, West of the 5th P.M., Clay County, South Dakota, is removed from the A-1 Agricultural District and is included in the LI Light Industrial District, and that the official zoning map referred to in Section 2.03(A) of the 2012 Joint Zoning Regulations for Clay County and the City of Vermillion, is amended to include such land in such zone. Dated at Vermillion, South Dakota this 14th day of July, 2022. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Richard Holland, Council President ATTEST: BY__________________________________ Katie E. Redden, Finance Officer First Reading: May 6, 2022 Second Reading: July 14, 2022 Published: July 29, 2022 Effective: August 22, 2022