City Council Agendas, Packets and Minutes

City of Vermillion Council Agenda 5:00 p.m. Joint Meeting with Clay County Commission Tuesday, April 15, 2025 City Council Chambers 25 Center Street 1. Roll Call 2. Adoption of the Agenda 3. Visitors to be Heard 4. Old Business 5. New Business a. Appeal of the Clay County Zoning Administrator’s Decision Regarding a Concentrated Animal Feeding Operation on Land Located at Approximately 1700 W Main Street. b. Discussion of the County’s Desire to Terminate the Joint Jurisdictional Zoning Agreement with the City. 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  5. New Business; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: April 15, 2025 Subject: Appeal of Clay County’s Zoning Administrator’s decision regarding a Concentrated Animal Feeding Operation on land located at approximately 1700 W Main Street Presenter: Jose Dominguez Background: The appellant (Mr. Patrick Masur) is the owner of 30.6 acres of bare ground that is bisected by W Main Street just west of City limits. Mr. Masur has been discussing with the County the possibility of opening a pheasant farm operation on his property. All of Mr. Masur’s land is zoned in the A-1 Agricultural district. 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. Mr. Masur is appealing the County’s Zoning Administrator’s decision that a Conditional Use Permit is required for the proposed use. Mr. Masur believes that a Conditional Use Permit is not required since his proposal will not function as a Concentrated Animal Feeding Operation. Based on the JJZA ordinance, the County functions as the administrator for the area. On March 17th, the County and the city began discussing the topic raised by Mr. Masur. Early on March 18th, Mr. Masur came to the City to discuss his proposed use. Mr. Masur claimed that the County was not being helpful in answering his questions. During the meeting, City Staff answered questions and explained the ordinance to Mr. Masur. He was told numerous times that he would need to discuss the matter with the County since they  5. New Business; item a were the administrators of the JJZA. Towards the end of the day, City Staff emailed the County regarding the discussions with Mr. Masur. On March 19th, the City Manager received an email to direct individuals to the County so that the County could handle the questions. The City would give no opinions until the individual was sent to the City by the County. City Staff was not asked for opinions on the item by the County or individuals sent by the County. Besides being included in emails, City Staff were unaware of any discussions between March 19th and March 25th between the County and the owner until the appeal was officially made on March 25th. Financial Consideration: Fees for appeals are paid to the County. Conclusion/Recommendations: City Staff have no recommendations on this item since we are unaware of everything that was discussed. Clay County Planning and Zoning 211 W. Main Street, Suite #203 Vermillion, SD 57069-2097 Phone: (605) 677-7145 Email: Drew.Gunderson@claycountysd.org To: Clay County Commission & Vermillion City Council Re: CAFO determination Date: April 15th, 2025 Introduction Starting around the 18th of March, Mr. Mansur approached the County about placing “+5000 pheasants” in a feeding operation on his land at 1700 W Main St, Vermillion, SD 57069. My determination as Zoning Administrator is that the proposed operation is a CAFO, and a CUP would be required under the Joint Jurisdiction Zoning Ordinance. While pheasants are not listed in the table on page 43 of the JJZO. I determined that, in this case, pheasants would be equivalent to ducks. Mr. Mansur said he intends to only have the pheasants there for 90 days. My interpretation is that the 90 days are only for “stabled or confined” animals. Not for the feeding and confinement of said animals. +5,000 pheasants are clearly going to require feed. Pheasants are not grazing or ruminant animals. Regardless of the 90 days, the JJZO states: Conditional Use Permit Any person who owns, operates, or proposes to own or operate any concentrated animal feeding operation shall obtain a conditional use permit whenever the following occurs: a new operation is proposed where one does not exist;…….. CONCENTRATED ANIMAL FEEDING OPERATION - A lot, yard, corral, building or other area where animals have been, are, or will be stabled or confined for a total of 90 days or more during any 12 month period; and where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility. For the purpose of these regulations, a concentrated animal feeding operation is further defined as follows: CONCENTRATED ANIMAL FEEDING OPERATION - NEW. An operation which did not exist prior to the effective date of this Ordinance. My interpretation is that the writers of the JJZO clearly intended for any new CAFO in the JJZA to require a CUP. The “concentrated animal feeding operation is further defined as follows” language followed by CONCENTRATED ANIMAL FEEDING OPERATION – NEW was meant as a “catch-all” for any new animal feeding operation, regardless of the number of days. In closing, I have no reason to think the writers of the JJZO made a mistake in choosing the language they did. They were very aware of the impact a potential CAFO may have in a zoning area explicitly created to protect the citizens of the City of Vermillion and the County residents in the JJZA. 1  Affidavit of hlailing S"IAl'lr.()F SOLJ-I[{ DAKO"|A ) :SS c0UN'rY oF CI.AY ) 1t/oa\ being duly sworn on oath, depose and states as {'ollows: 0n o,l o) 1a-r5 I niailecl a copy of'thc Notice o1'l{earing try Cerriliecl nrailto the lollowing l.VALIANT VINEYARDS INC 2,HEINE JULIE 3.GREGOIRE TROY & KRISTINE 15OO W MAIN ST 816 E 32OTH ST 401 W CHERRY VER]UILLION, SD 57069 VERN/ILLION SD 57069 VERMILLION, SD 57069 6.GOODMAN DOUGLAS P & BARBARA 4.FREIDEL JOANNE R 5. BLISS JANICE GAYLE E 1310 W MAIN 12OO W MAIN 1231 W BROADWAY VERMILLION, SD 57069 VERMILLiON, SD 57069 VERMILLION, SD 57069 7.DKW FARMS S.PRATT FARRON G & M|CHELLE 9.HEINE TIM T & NICK J & TODD F 19OO DAWSON RD 1O2O E 32OTH ST 3212 STONE PARK BLVD VERt\i]ILLIOl''l, SD 57069 VERMILLION, SD 57069 SIOUX CITY, IA 51104 ll.CHARRLIN ALLAN H & JANICE I- l2.IVIDWEST MAGNETIC lO.SORENSEN KIRK C CON/PONENTS FAIUILY TRUST 46113 TIMBER RD 29951 469 AVE PO BOX 348 VERMILLION, SD 57069 BERESFORD, SD 57004 ALCESTER, SD 57001 15,BROWN KEVIN I\,,I & 13.SIECK ROGER & DEBRAH 14.AG OPPORTUNITiES IbJC CYNTI-1IA JOHNSON BROWN 728 APPALOOSA LANE PO BOX 473 1818 CONSTANCE SPEARFISi.I, SD 57783 VERMILLION, SD 57069 VERMILLION, SD 5/069 l6,VERMILLION AREA CHAIVIBER & DEVELOPMENT CO 17 18 2 E I\,4AIN STE #101 N4CVICKER PLAZA VERIVIILLION, SD 57069 A lrue c0rrcct lx"1p ngt c prOlcct of its adjacent landowners' owners is attached as Flxhibit # L A true and correct copy of the Notice ol'Pubiic llearing ttotificatic'n is ---ll-r-:'7 ;.rttached as Y,xltibit i!2. A truc and corrcct cop,v- o{'the adc{itional mailirrg iist tit'ncedul, is z-+ ar"tached as L.xhibit #-1. n Subscribe<J and sworn to (or al'firmed) heiirrc ;l1r thil, L r^larr'' ol' (t .21' L5 lfitt Yrl Notary Public Sor"rth Dakr:ta My Commission expires ?-7 ll$ 1"  #13 #12 #14 #13 #15 #11 #11 #16 #10 #1 #9 #3 #8 #2 #5 #7 #7 #4 #5 #7 #6 #7 Exhibit #1  PUBLIC NOTICE Notice is hereby given that a Public Hearing will be held before the Clay County Commission & the City of Vermillion Commission at 5:00 pm on April 15th, 2025, at Vermillion City Hall 25 Center Street, Vermillion, SD 57069, to consider the following: An appeal of the Clay County Zoning Administrator’s decision regarding a proposed Concentrated Animal Feeding Operation on land located approximately at 1700 W Main St, Vermillion, SD 57069. The legal description is: Lot BPI in Auditor's Tract No. 3, Lot BP2 in Auditor's Tract No. 3, Lot BP3 in Auditor's Tract No. 4, Lot BP4 in Auditor's Tract No. 4, Lot BPS in Auditor's Tract No. 1, Lot BP6 in Auditor's Tract No. 2 and Lot BP7 in Auditor's Tract No. 2; all in the SW1/4 of 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 SEI/4 of Section 14, Township 92 North, Range 52 West of the 5th P.M., Clay County, South Dakota. (D83-500) All interested persons are encouraged to attend this public hearing. Those interested persons unable to attend are invited and encouraged to send written comments to Clay County Zoning Administrator, 211 W. Main Street Suite 203, Vermillion SD 57069. (File 25-024) Clay County Zoning Administrator Publish: April 4th, 2025 Exhibit #2  f VER|'IILL]ON 16 COURI ST VERMILL]ON, SD 57069-9$98 (800) 275_8i77 04/02/2025 10:45 AM Dupl i cate Product Oty Unl t Pri ce Prl ce $2 Floral Oeo 32 $2.00 $64.00 $1 Floral Geo 16 $1 , cto $16.00 1c Fringed Tulip 32 $0.01 $0,32 Sai I boats 16 $0,56 $8.96 Grand Total: $89.28 Credit Card Renrit $89.28 Card Name: MasterCard Accounr #: XXXXXXXXXXXXEZSa Approval #: 002322 Transaction #: 540 AID:..A0000000041010 Contactlsss AL: Mastercard preview your t'lail Track your packaoes .https:,/,/i nf ormeddel Sign up for FREE 0 i very. usps . cor"rr All sales final on stamps and postaoe. Refunds for guarante*o 6"rvjie5";;i;: Thank you for your fusineis. "'' - to:Tell uo us about your experience. https://postalexper.lence.com,rpos or ccan this code with ybur mobile Uevice, or cal I t-800-4t0-7420 UFN; 468766-0069 pt #; 840-55700062-1-5131723-1 Rece.i Clerk: 12 From: SCENT ME LLC To: Drew Gunderson Subject: Patrick masur Date: Tuesday, March 25, 2025 10:34:28 AM I appeal the decision. Im following the county ordinance attached above. (Not sure what im appealing if it not considered an animal feeding operation) (Under 90 days is NOT considered a animal feeding operation) Let me know the next step, thanks! * Mr Mansur's email attachemnt  j. The types and quantities of wastes, fluids, or pollutants that are proposed to be handled, processed, treated, stored, disposed of, emitted, or discharged at each vessel containing fluid and for the entire project. k. Project schedule. l. Such additional information as shall be required by the Clay County Zoning Administrator. D. Application Review. 1. Conditional Use Permit. A conditional use permit is required for an Accessory WECS and a Commercial WECS. 2. Technical Issues and Expert Review. Wind Energy Conversion Systems may involve complex technical issues that require review and input that is beyond the expertise of County staff. The Clay County Zoning Administrator may require the applicant to pay reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal will be in the sole discretion of the County. 3. Building Permit. Conditional Use Permit approval of Wind Energy Conversion Systems is separate from the building permit process. Building permits for the construction of facilities can not be issued until the facility is approved through the conditional use permit process. 11.14 Concentrated Animal Feeding Operations A. Intent It is the intent of this section to provide for a viable livestock industry within agriculturally zoned areas of Clay County, protect ground and surface waters, and ensure that concentrated animal feeding operations are properly sited, maintained and managed. B. State General Permit A General Water Pollution Control Permit shall be obtained from the Department of Environment and Natural Resources for all concentrated animal feeding operations sited in Clay County. C. Conditional Use Permit Any person who owns, operates, or proposes to own or operate any concentrated animal feeding operation shall obtain a conditional use permit whenever the following occurs: a new operation is proposed where one does not exist; the number of animals confined at an existing permitted operation increases beyond what a current permit allows or the species of confined animals changes; the number of animals confined at a pre-existing operation increases or the species of confined animals changes; a signed complaint is received or made by the Clay County Zoning Administrator or the South Dakota Department of Environment and Natural Resources and inspection reveals that the operation is in violation of county, state or federal regulations. A conditional use permit for concentrated animal feeding operations may be approved for whoever applies conditioned on receiving State approval. 42 D. Number of Animals for Concentrated Animal Feeding Operations For the purpose of these regulations, concentrated animal feeding operations are divided into Large, Medium and Small operations. The following table defines each type of animal confinement (species) with the number of animals indicated. All animal classifications are based upon the standard animal numbers incorporated into the SD Department of Environment and Natural Resources (SD DENR) General Permit for feedlot operation. Table 1. Number of Animals to Define Large, Medium, and Small Concentrated Animal Feeding Operations Type of Animal Feeding Large Medium Small Operation Animal Numbers Animal Numbers Animal Equal to: Equal to: Numbers Less Than: Dairy cows (mature – milked or 700 to 3,500* 200 to 699 200 dry) Veal Calves 1,000 to 5,000* 300 to 999 300 Cattle other than mature dairy 1,000 to 5,000* 300 to 999 300 cows or veal calves1 Swine (weighing more than 55 2,500 to 12,500* 750 to 2,499 750 pounds) Swine (weighing less than 55 10,000 to 50,000* 3,000 to 9,999 3,000 pounds) Horses 500 to 2,500* 150 to 499 150 Sheep or Lambs 10,000 to 50,000* 3,000 to 9,999 3,000 Turkeys 55,000 to 275,000* 16,500 to 54,999 16,500 Laying hens or broilers2 30,000 to 150,000* 9,000 to 29,999 9,000 3 Chickens, other than laying hens 125,000 to 625,000* 37,500 to 124,999 37,500 Laying hens3 82,000 to 410,000* 25,000 to 81,999 25,000 2 Ducks 5,000 to 25,000* 1,500 to 4,999 1,500 Ducks3 30,000 to 150,000* 10,000 to 29,999 10,000 Geese 30,000 to 150,000* 10,000 to 29,999 10,000 * Imposed cap limit is five times the minimum number of animals for a large operation. 1 Cattle includes but is not limited to heifers, steers, bulls and cow/calf pairs. 2 Animal feeding operation uses a liquid manure handling systems. 3 Animal feeding operation uses other than a liquid manure handling system. NOTE: Other animal types not listed in the above table may be considered on a case-by-case basis. E. Standards for Concentrated Animal Feeding Operations 1. Required Minimum Setbacks, Reverse Setbacks and Separation Distances for New and Expanded Concentrated Animal Feeding Operations and Manure Storage. There shall be a minimum setback, reverse setback and separation distance for all new and expanded concentrated animal feeding operations, change in operation and manure storage as defined in these regulations. These distances are minimums, and may be increased under the terms of a Conditional Use Permit based on considerations and characteristics of the neighborhood, including but not limited to adjoining or nearby uses within the same or different districts and 43  prevailing wind direction. For the purpose of this section, the following definitions shall apply: Reverse Setback - A required minimum separation distance, as specified in these regulations, which begins at the production area and terminates at the proposed structure/use. The required minimum separation distance shall be measured from the closest points of the two respective structures/uses. Reverse setbacks shall be required only when explicitly mandated by this ordinance. Setback - The required minimum distance from any structure/use to a production area. Setbacks shall be measured from the production area to the structure/use as identified on the “Setback Chart”. Large Medium Small Dwellings, Churches or similar places of worship, Schools, Businesses, Cemetery ¾ mile ½ mile ¼ mile and Public Use Areas Incorporated Municipalities 1 mile 1 mile 1 mile (Vermillion*) Swine Feeding Operation 1 ¼ miles ¾ mile ½ mile Public Water Supplies ½ mile ½ mile ¼ mile Private Shallow Wells ¼ mile ¼ mile ¼ mile Waters of the State 500 feet 500 feet 500 feet Federal, State, & County Road ROW 300 feet 200 feet 200 feet Township Road ROW 300 feet 200 feet 200 feet Designated 100 Year Flood District Prohibited Prohibited Prohibited Designated Aquifer Protection District – Prohibited Prohibited Prohibited Zone A Designated Aquifer Protection District – Prohibited Allowed** Allowed** Zone B *The Planning Commissions may adjust the setbacks on a site by site basis. **Allowed provided the use is not prohibited or further regulated by Chapter 10 APO: Aquifer Protection Overlay District. 2. Exemptions from Setbacks, Reverse Setbacks and Separation Distances. If an Applicant wishes to place a concentrated animal feeding operation closer than the separation distances set forth in these regulations, the Applicant can request an Exception for the separation distance from the Planning Commissions. The Planning Commissions may allow an exception from the separation distance provided that the Applicant obtains waivers from the owners of property within the separation distance. Any authorized landowner that is within the separation distance may waive the separation distance through a written instrument to be filed with the Clay County Register of Deeds. This waiver would run with the land. 3. Manure Application Setbacks. The following manure application setbacks apply to concentrated animal feeding operations. 44  MANURE APPLICATION SETBACKS CATEGORY SURFACE OR IRRIGATION INCORPORATED OR APPLIED INJECTED Waters of the State 300 feet (lakes) 100 feet (lake) 200 feet (river & stream) 100 feet (river & stream) Stream & Lakes classified as Drinking 1,000 feet 300 feet Water supplies Public Roads 25 feet (surface) from right-of-way 10 feet from right-of-way 300 feet (irrigation) Dwellings 300 feet (surface) 300 feet 1,000 feet (irrigation) Public Wells 1,000 feet 1,000 feet Private Shallow Wells 250 feet 250 feet 300 feet (surface) 300 feet A Residence other than the Operator 1,000 feet (irrigation) Natural or Manmade Drainage Ditch 100 feet 100 feet or Canal 4. Fly and Odor Control. Concentrated animal feeding operations shall dispose of dead animals, manure, and wastewater in such a manner as to control odors and flies. The Planning Commissions will review the need for control measures on a site specific basis, taking into consideration prevailing wind direction and topography. The permit shall consider the following standards. a. Methods to be utilized to dispose of dead animals by burial, burning, rendering, or composting approved by the South Dakota Animal Industry Board. If the dead animal is disposed by rendering, it must occur within seven days from date of death. b. Plant adequate trees and shrubs to screen the lagoons or containment structure to help control odors and improve aesthetics. c. A grading plan designed to help keep pens and solid waste containment areas dry. d. Require a plan that details the removal of manure from open pens as frequently as possible to minimize odor production. e. Concentrated animal feeding operations may utilize vertical storage systems, deep pit concrete lined holding ponds, or holding ponds with approved impermeable liners for manure storage. 5. The Planning Commissions may request information relating to the operation not contained in these regulations. 6. The Planning Commissions may impose, in addition to the standards and requirements set forth in these regulations, additional conditions which are reasonable and related to the use being controlled. 7. Conditional use permits shall be in effect only as long as sufficient land specified for 45  spreading purposes is available for such purposes and other provisions of the permit are being adhered to. 8. When considering an application, the Planning Commissions will take into consideration current and past violations relating to concentrated animal feeding operations that the applicant has had an interest in. 9. Change in Ownership. With a change in ownership and completed sale of any AFO or CAFO, the new owner is required to bring the operation’s manure management plan and nutrient management plan to current specifications. 10. All concentrated animal feeding operations shall comply with the South Dakota Department of Environment and Natural Resources manure storage requirements and construction specifications. 11. Water containing waste must not be allowed to migrate from the area of application. F. Information Required for Concentrated Animal Feeding Operation Permit. Prior to consideration by the Planning Commissions, the applicant for a conditional use permit for a concentrated animal feeding operation shall provide the following information to the Clay County Zoning Administrator: 1. Owner’s, manager’s, management company’s or similar entities’ names, addresses and telephone numbers. 2. Legal description of site. 3. Number and type of animals. 4. Fly and odor control plan. 5. Information on ability to meet designated setback requirements, including maps showing measured distances. 6. General Water Pollution Control Permit from the South Dakota Department of Environment & Natural Resources as required. 7. Review of Plans and Specifications and Nutrient Management Plan by the South Dakota Department of Environment & Natural Resources. 8. Information on soils, shallow aquifers, designated wellhead protection areas, and 100-year floodplain designation. 9. Site Plan of the land utilized for manure application and written agreements for application on land not owned by the applicant. 10. Proof of insurance, bond, or other assurance of adequate funds set aside by the owner of a CAFO in a site-specific amount determined by Clay County sufficient to ensure proper clean- up of any environmental damages that might occur and to insure proper closure of the confinement operation. 46 11. Any other information as contained in the application and requested by the Clay County Zoning Administrator. 47 wastewater and (b) dry wells for repair/service bay drains at facilities servicing motorized vehicles/equipment. CLINIC - An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists, optometrists, social workers, etc., and where patients are not usually lodged overnight. CLUB - Building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business. COMMERCIAL PARKING LOT/FACILITY - An approved open or enclosed off-street parking area or structure where licensed and operable motor vehicles are temporarily stored for a fee. COMPREHENSIVE PLAN - The adopted long-range plan intended to guide the growth and development of the community and region, including analysis, recommendations and proposals of the community’s population, economy, housing, transportation, community facilities, and land use. CONCENTRATED ANIMAL FEEDING OPERATION - A lot, yard, corral, building or other area where animals have been, are, or will be stabled or confined for a total of 90 days or more during any 12 month period; and where crops, vegetation, forage growth, or post-harvest residues are not sustained over any portion of the lot or facility. For the purpose of these regulations, a concentrated animal feeding operation is further defined as follows: CONCENTRATED ANIMAL FEEDING OPERATION - EXISTING. A non-permitted operation of at least 200 animal numbers which existed prior to the effective date of this Ordinance CONCENTRATED ANIMAL FEEDING OPERATION - NEW. An operation which did not exist prior to the effective date of this Ordinance. CONDITIONAL USE PERMIT - A permit providing for a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, or general welfare. The Planning Commissions may permit such uses when specific provision is made in the zoning district regulations. CONTAMINANT - Any “regulated substance,” as defined by SDCL 34A-12-1(8), as in effect on the date of passage of this ordinance and as amended from time to time, and all petroleum products, including gasoline, oil, waste oils, and other fuels as well as their hazardous constituents. CONTAMINATION - The process of making impure, unclean, inferior or unfit for use by introduction of undesirable elements. CONTINGENCY PLAN - Documents setting forth operational plans that explain how a facility and its personnel will respond to an accidental or intentional discharge/release of a contaminant or hazardous material. CONTRACTOR’S SHOP AND STORAGE YARD - Use of land or buildings for storage and preparation of materials used by those same individuals in conducting the business of construction and repair work, generally completed at some other on-site location. 71 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 �=��. . Fo, .,_..,,,_, ..,..,.,,.. Oboot1"• Flood Jn......,,. 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WaterSurfaceE levati on 0- - - --Coastal Transect ------Coastal Tra nsectBaseli ne ----Pro fileBaseli ne VERSIONNUMBER - - Hydrographicfeature 2.4.3.0 -513-BaseAoodElevati onli ne(BFE) OTHER --- Limi t o fStudy MAPNUMBER 46027C0265D 4 FEATURES- - Jurisd ictionBoundary MAP REVISED DECEMBER 30, 2020  Wetlands 1:10,674 0 0.075 0.15 0.3 mi U.S. Fish and Wildlife Service, National Standards and Support Team, wetlands_team@fws.gov 0 0.125 0.25 0.5 km This map is for general reference only. The US Fish and Wildlife July 10, 2024 Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should Wetlands Freshwater Emergent Wetland Lake be used in accordance with the layer metadata found on the Wetlands Mapper web site. Estuarine and Marine Deepwater Freshwater Forested/Shrub Wetland Other Estuarine and Marine Wetland Freshwater Pond Riverine 5 National Wetlands Inventory (NWI) This page was produced by the NWI mapper  1994. 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 Properties owned by appellant St. ry er Ch W r Ve lli mi R on ive WM ain S r t. City Limits SD Hwy. 19  5. New Business; item b Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: April 15, 2025 Subject: Discussion of the County’s Desire to Terminate the Joint Jurisdictional Zoning Agreement with the City. Presenter: Jose Dominguez Background: The City and County have been working together under the Joint Jurisdictional Zoning Agreement (JJZA) since the adoption of the City of Vermillion and Clay County Joint Comprehensive Plan in October 2011. In January 2012, the City and the County adopted the Joint Zoning Regulations for Clay County and the City of Vermillion. Since then, this document has acted as the zoning regulations for the JJZA. The intent of the JJZA is to provide an avenue for the County and the City to work together on zoning matters that would affect the City’s growth. Overall, the JJZA tries to balance the rural character of the surrounding areas while allowing for some development. In 2023, the City and the County formed a committee to draft a new comprehensive plan for the JJZA. The draft comprehensive plan was going to be presented to the joint planning commissions early in 2025, with the adoption occurring sometime towards the middle of 2025. Discussion: Although terminating the JJZA has been brought up in the past, never has the discussion required a meeting. The discussions on this item were informal and a side topic to other conversations (e.g., during the update of the comprehensive plan, when a difficult zoning item was discussed, etc.). However, recently, the County approached the City requesting a meeting to discuss the dissolution of the JJZA. It needs to be said that at no point has the City requested the termination of the JJZA. In fact, City Staff believes that the JJZA, if used correctly and as a partnership, could be beneficial for the City and the County. The JJZA requires that both bodies meet jointly, it gives both bodies equal voting rights (e.g., if both bodies agree, then the item passes; if one body disagrees, then the item fails), and it considers both voices when planning.  5. New Business; item b Based on discussions with the City Attorney, dissolving the JJZA will require at least one of the bodies to officially decide not to participate. This should probably require a resolution, or a motion stating that participation in the JJZA is no longer desired. If the JJZA were to be dissolved, the City would retain zoning control within one mile of the City limits. This is based on SDCL 9-29-1. This statute allows municipalities to exercise jurisdiction within one mile of corporate limits for the “purpose of promoting health, safety, morals, and general welfare of the community, and of enforcing its ordinances and resolutions relating thereto”. These are called “Police Powers” and zoning is one of these. It should be noted that the issuance of building permits is part of the zoning ordinance. However, for this to occur as seamlessly as possible (and for the benefit of ALL County residents both inside and outside City limits), adequate time should be given for the City’s comprehensive plan to be reviewed and for the adoption of a zoning ordinance that would cover the new area under the City’s jurisdiction. Additionally, the City’s subdivision ordinance would also need to be amended to include the area outside of City limits. SDCL 11-6-26 would allow the City to have subdivision control up to three miles outside of City limits. The City had this control between April 2011 and May 2018. The City voluntarily relinquished this control because the County had adopted a subdivision ordinance that had similarities with the City’s. Similar to the City, the County should consider how this will affect their zoning ordinance since portions of the area that would come into the County’s jurisdiction are not included within the County’s comprehensive plan or within a County zoning district. Financial Consideration: No cost at this point. Conclusion/Recommendations: For the JJZA to work, a true partnership must exist between both entities. Currently, the JJZA provides equal footing for both bodies to discuss items and does not allow one body to rule over the other. If terminated, the City’s zoning jurisdiction will be reduced. An amendment to the City’s subdivision ordinance to allow control of an area up to 3 miles outside of City limits would ensure that future growth areas are, at a minimum, able to fit the City’s infrastructure as seamlessly as possible. If the Council’s desire is to agree with the County and dissolve the JJZA, then Staff’s recommendation is that the termination of the JJZA occurs at a predetermined date that would allow both bodies to amend their ordinances for the inclusion of the new territory into their jurisdictions. City Staff estimates that this may take up to 6 months.  Possible 3-mile Subdivision Possible Existing JJZA 1-mile Zoning