City Council Agendas, Packets and Minutes

City of Vermillion Council Agenda 6:00 p.m. Joint Meeting with Clay County Commission Tuesday, December 17, 2024 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Adoption of the Agenda 3. Visitors to be Heard 4. Public Hearings a. First Reading of Ordinance 1523 to amend the 2012 Joint Zoning Regulations for Clay County and the City of Vermillion by Amending Chapter 2, Section 2.03(A) Zoning Map, by Removing Lot BP1 in Auditor’s Tract No. 3, Lot BP3 in Auditor’s Tract No. 4, and Lot BP7 in Auditor's Tract No. 2; all in the SW ¼ of Section 14, Township 92 North, Range 52 West, 5th P.M., Clay County, South Dakota; and BP8 in Auditor’s Tract No. 4 in the SE ¼ of Section 14, Township 92 N, Range 52 W, 5th P.M., Clay County, South Dakota, from the A-1 Agricultural District and Moving it into the C: Commercial District. 5. New Business a. Resolution authorizing an application for financial assistance for the execution and submittal of the application and designating an authorized representative to certify and sign payment requests. 6. 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 6:00 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.  4. Public Hearings; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: December 17, 2024 Subject: First Reading of Ordinance 1523 to amend the 2012 Joint Zoning Regulations for Clay County and the City of Vermillion by Amending Chapter 2, Section 2.03(A) Zoning Map, by Removing Lot BP1 in Auditor’s Tract No. 3, Lot BP3 in Auditor’s Tract No. 4, and Lot BP7 in Auditor's Tract No. 2; all in the SW ¼ of Section 14, Township 92 North, Range 52 West, 5th P.M., Clay County, South Dakota; and BP8 in Auditor’s Tract No. 4 in the SE ¼ of Section 14, Township 92 N, Range 52 W, 5th P.M., Clay County, South Dakota, from the A-1 Agricultural District and Moving it into the C: Commercial District. Presenter: Jack Baustian, Assistant to the City Manager Background: The County received a petition to rezone approximately 24.5 acres north of the Vermillion River along the south side of West Main Street. The applicant is requesting that the land be rezoned from the A-1: Agricultural District to C: Commercial District. The applicant states that the intent is to use the land as a commercial recreation facility. The Joint Jurisdictional Zoning Area (JJZA) ordinance defines a commercial recreation facility as “a place designed and equipped for the conduct of sports, leisure-time activities, and other customary and usual recreational activities, either active or passive and operated as a business and open to the public for a fee”. This property is directly adjacent to City limits. The property is within the JJZA and is abutted on the west, east, and south by the JJZA’s A-1: Agricultural District. Additionally, the property abuts the JJZA’s LI: Light Industrial district along the north (across SD Highway 19/West Cherry Street). Since the property is directly adjacent to City limits, it also abuts City zoning districts. The City’s zoning districts abutting the property along the east are either GB General Business or R-1 Residential. The City and County Planning and Zoning Commissions met jointly on October 28th to discuss the item. After Staff explained the application to the Commissions, eight members of the public spoke on the proposed rezone. Seven of the speakers did not think the rezone should be approved as there may be negative impacts (e.g. lower property values, too much noise and traffic, and the effect possible uses could have on wildlife) on the existing residential uses in the adjacent area (e.g. Bliss Pointe neighborhood and the West Main Street residences). One member of the public spoke in favor of the rezone since it would add to the entertainment options of the community. The applicant also spoke regarding his proposed uses and stated that he intends to use the area as an “adventure park” and a wedding venue and that no concerts would take place. The applicant also stated that all of the items to be used on the site will be portable. After questions from the City and County Commissioners, the applicant stated that he is willing to work with the neighbors on what to do with the property. Some of the members of the City Commission stated that if rezoned, the proposed zoning would be too permissive and allow many uses that may be considered offensive by the neighboring properties. After discussion, the County Planning Commission voted unanimously to recommend denying the rezone request. The City’s Planning and Zoning Commission voted 9-0 to recommend denying the rezone request. Discussion: The City and Clay County adopted the Joint Jurisdictional Zoning Area (JJZA) in 2012. The ordinance was created with the intent of allowing 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. The JJZA tries to maintain the rural character of the surrounding area while allowing for development. The intent of the ordinance, 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. This proposed use is currently not possible due to the A-1: Agricultural District focus being agricultural. Due to this the only true zoning district within the JJZA available for the desired use is the C: Commercial district. Within the C: Commercial district the desired use is considered a permitted use. It should be noted that all the existing commercially zoned properties within the JJZA are currently found along SD Highway 50 east of the City. Financial Consideration: Besides publishing the ordinance in the minutes, the City will not incur any additional costs. Conclusion/Recommendations: SDCL 9-19-7 states that “…all ordinances shall be read twice…”, due to this, Staff and the City’s Planning Commission recommend the City Council advance the ordinance for consideration at a 2nd reading and deny the request at the 2nd reading.  {Tfrrry {;?**tutt,:f #*a**fu Wnfu*tm CIay County Joint Jurisdiction Rezoning Petition Permit Number 24-071 Application Fee - $L75 Applicant is: E Owner E AgenUContractor Sectlon 1: Applicant/Owner/Contact lnformation Applicant Owner Contractor Name Till N Timber, LLC Patrick Masur Address PO Box 608, Hartington, Nebraska 68739 Phone (605) 80e-5440 ,[-mail Section 2: Property Information Street Address 1700 W Main St Vermillion, SD 57069 Short Legal Description See below Parcel lD 1 1 000-09252-143-02, 1 1 000-09252-143-01 Section 3: Zoning District/Land Use of Adjacent Property A-1 Agricultural North A-1 Agricultural East A-1 Agricultural South A-1 Aqricultural West Section 4: Reason for Rezoning Petition Lot BP1 in Auditor's Tract No. 3, Lot BP3 in Auditor's Tract No. 4, and Lot BP7 in Audito/sTract No.2; all in the SW1 14of Section 14, Township 92 North, Range 52 West of the 5th P.M., Clay County, South Dakota. AND Lot BP8 in Auditor's Tract No. 4 in the SE1 14of Section 14, Township 92 North, Range 52 West of the sth P.M., Clay County, South Dakota.  *,finu{ *.**st"rty ,%*uYfu Wnfuq*tm Clay County Joint Jurisdiction Rezoning Petition Section 4: Continued Rezone to Commercial for an Commercial Recreation Facility Upon the filing of an application for a request of zoning district classification change, the Clay County Zoning Administrator shall set a date for a public hearing, at which time and place the County and City Planning Commissions shall meet jointly to consider the zoning classification changes. Said public hearing shall comply with the provisions of SDCL Chapters LL-Z,1"1-4 and 11-6. l, the undersigned, do hereby affirm: the above staternents are true and correct and agree to comply with th isions of the regulations of Joint Jurisdiction Clay County. 1-30-rtf Appt nt's Signature Date Note lar A: Add page numbering and/or list of exhibits to application to tie all documents together. QLAY COUNTY aI lAI MArN surrE VERMILLION SD_ -5 7 201 069 OFFTCIAL RECEIPT# 70194 DATE: RECETVED FROM: I /23 /24 TT LL N TIMBER LLC CASH: Y KEYED BY: DD DELTVERED BY: DREW FOR- _;;; BUILDTNG PERMIT PET I T TON FOR RE_ZON] I6TooR3 z4oooo AMouNr 175.00 PERMTT 24 07 1  #13 #12 #14 #13 #15 #11 #11 #16 #10 #1 #9 #3 #8 #2 #5 #7 #7 #4 #5 #7 #6 #7 1 The purple line is City limits. 2 2019 Flooding 05/06/2019 - 05/24/2019 3  ;ZONE A CLAY COUNTY UNINCORPORATED AREAS 460259 Fema Floodplain 21 ff NOTE: MAP AREA SHOWN ON THIS PANEL IS LOCATED WITHIN TOWNSHIP92 NORTH, RANGE 52 WEST. ..,..., ......, FLOOD HAZARD INFORMATION NOTES TO USERS SCALE SEEf1SAEPORTFOROETAILEDl£GENDANOINOD.MAPFORf1AMPANEllAYOlll THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTING DOCUMENTATION ARE ALSO AVAILABLE IN DIGITALFORMAT AT �=��. . 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Legend West Main Before vs After 1500 W Main St Bliss Park Valiant Vineyards Winery & Distillery "Old" West Main "New" West Main 6 ➤ N Image U.S. Geological Survey 1000 ft  1560 W Main St Vermillion, South Dakota Google Street View Jul 2019 See more dates Image capture: Jul 2019 © 2024 Google 7  1560 W Main St Vermillion, South Dakota Google Street View Jul 2019 See more dates Image capture: Jul 2019 © 2024 Google 8  JJZ dis A - L tri I: L ct igh t In du str ia l City Limits / y St r h er . 19 C y W Hw SD u City - Bliss Pointe PDD so Re al ict ur tr r, d at is N nd ne ere ow d RC tio e si - N rva m on ty e sa g c St Ci ons by in n C Pro d be pe ne t ai e rty w o O ut n M rc be b W ing co Da ns City - GB General ws ide red Business district on ct Rd tri R -1 al dis y- ti Cit siden Re Vermillion River  PROPOSED ORDINANCE 1523 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 C COMMERCIAL 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 BP1 in Auditor’s Tract No. 3, Lot BP3 in Auditor’s Tract No. 4, and Lot BP7 in Auditor's Tract No. 2; all in the SW ¼ of Section 14, Township 92 North, Range 52 West, 5th P.M., Clay County, South Dakota; and BP8 in Auditor’s Tract No. 4 in the SE ¼ of Section 14, Township 92 N, Range 52 W, 5th P.M., Clay County, South Dakota, is removed from the A-1 Agricultural District and is included in the C Commercial 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 Xth day of X, 2024. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY__________________________________ Katie E. Redden, Finance Officer First Reading: December 17, 2024 Second Reading: Not set Published: Not set Effective: Not set  5. New Business; item a Council Agenda Memo From: Katie E. Redden, Finance Officer Meeting: December 17, 2024 Subject: Application for funding from the South Dakota DANR for financial assistance for Joint Powers Landfill improvements for a Dozer. Presenter: Katie Redden Background: The 2025 budget includes funding for Joint Powers Landfill improvements. To assist with funding these projects, the City is applying for grants and loans in addition to using Joint Powers reserve funds. The grant/loan application is due by January 1, 2025, for consideration at the first DANR Board meeting in 2025. Discussion: The Joint Powers Landfill improvements will include purchasing a new dozer at the Landfill due to the current dozer reaching the end of its lifespan. The attached resolution is to authorize staff permission to submit a grant application for the amount of $511,344.01, which would go towards the purchase of the new piece of equipment. A combination of Solid Waste Management Program (SWMP) grant/loan and Joint Powers reserve funds will be used to fund the application. If the financial assistance is awarded, the resolution also authorizes the Mayor or City Manager to sign payment requests. Financial Consideration: Currently no fees associated with this application. Conclusion/Recommendations: Administration recommends adoption of the attached Resolution.  RESOLUTION AUTHORIZING AN APPLICATION FOR FINANCIAL ASSISTANCE FOR THE EXECUTION AND SUBMITTAL OF THE APPLICATION AND DESIGNATING AN AUTHORIZED REPRESENTATIVE TO CERTIFY AND SIGN PAYMENT REQUESTS. WHEREAS, the City of Vermillion (the “City”) has determined it is necessary to proceed with improvements to its landfill, including but not limited to the purchase of a Bulldozer (the “Project”); and WHEREAS, the City has determined that financial assistance will be necessary to undertake the Project, and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) will be prepared; and WHEREAS, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota the following: 1. The City hereby approves the submission of an Application for financial assistance in an amount not to exceed $511,345 to the South Dakota Board of Water and Natural Resources for the Project. 2. The Mayor or City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance. 3. The Mayor or City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Dated at Vermillion, South Dakota, this 17th day of December, 2024. FOR THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By___________________________ Jonathan D. Cole, Mayor ATTEST: By ______________________________ Katie E. Redden, Finance Officer