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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · October 27, 2025

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Minutes

Unapproved Minutes Council Special Session October 27, 2025 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, October 27, 2025, at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Price, Holland, Hellwege, Cheeseman, Murra, Mayor Cole Absent: Thaler, Leber, Jennewein 2. Adoption of Agenda 730-25 Council Member Cheeseman moved approval of the agenda. Council Member Price seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Old Business A. Second reading of Ordinance 1547 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, Small Animal Use. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1547 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, Small Animal Use. Jose stated at the October 6, 2025, City Council meeting, the Council considered a request for an appeal regarding the placement of a small animal veterinarian use. Jose noted the appeal was requested since Staff denied the application because the use would be closer than 150 feet from a residential building located in a residential district. Jose stated after consideration, and denial of the appeal, the City Council requested that the ordinance be amended as quickly as possible so that small animal veterinarian uses are allowed as a conditional use within the GB General Business district. Jose noted the current ordinance places small animal veterinarians as a conditional use. This requires the use to be reviewed and approved by the City’s Planning and Zoning Commission, but prior to being considered the use must meet certain applicable standards. One of these standards is the fact that the use cannot be located within 150 feet of a residential building within a residential district. Jose reported the proposal would remove the distance requirement and not allow the kenneling of dogs outside of the building, and any future appeals due to proximity to residential use. Jose stated that the Planning and Zoning voted unanimously to pass this ordinance. 731-25 Second reading of title to Ordinance No. 1547, entitled An Ordinance Amending Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, Small Animal Use for the City of Vermillion, South Dakota. Mayor Cole 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. 1547 entitled Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, Small Animal Use 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 20th day of October, 2025 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 27th day of October, 2025 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 1547 AN ORDINANCE TO AMEND TITLE XV, LAND USAGE; CHAPTER 155 ZONING REGULATIONS; SECTION 155.037 GB GENERAL BUSINESS DISTRICT, SUBSECTION (B) CONDITIONAL USES, AMENDING THE APPLICABLE STANDARDS FOR THE VETERINARIAN, SMALL ANIMAL USE. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, small animal use. All other portions of Section 155.037 will remain as they are. Following is the amendment: § 155.037 GB GENERAL BUSINESS DISTRICT. (B) Conditional Uses Conditional Uses Applicable Standards Veterinarian, No outdoor kenneling of dogs. small animal §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Dated at Vermillion, South Dakota this 27th day of October 2025. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Murra. 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: Price - Y, Holland - Y, Hellwege -Y, Cheeseman - Y, Murra - Y, Mayor Cole - Y Motion carried 6 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 5. Adjourn 732-25 Council Member Price moved to adjourn the Council special session at 12:11 p.m. Council Member Cheesman seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 27th day of October 2025. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Published once at the approximate cost of ___________.

Agenda

Special Meeting Agenda City Council 12:00 p.m. (Noon) Special Meeting Monday, October 27, 2025 Powell Conference Room – City Hall 25 Center Street Vermillion, South Dakota 57069 1. Roll Call. 2. Adoption of the Agenda. 3. Visitors to be Heard. 4. Old Business. a. Second reading of Ordinance 1547 to Amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, Amending the Applicable Standards for the Veterinarian, Small Animal Use. 5. Adjourn. Access the City Council Agenda on the web – www.vermillion.us Vermillion City Council: Jon Cole, Mayor Northwest Ward: Mike Murra, Gary Cheeseman Central Ward: Katherine Price, Lindsey Jennewein Northeast Ward: Julia Hellwege, Jay Thaler Southeast Ward: Rich Holland, Al Leber Addressing the Council: Persons addressing the Council shall be recognized. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager’s Office at 677-7050 at least 3 working days prior to the meeting. 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. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council 6:00 p.m. meetings are broadcast live on Cable Channel 3. Special City Council Meetings are not televised but open for attendance. As a courtesy to others, we ask that cellular phones and other electronic devices be turned off during the meeting. Our future as a community depends on recognizing our past. The City of Vermillion exists on the ancestral lands of the Oceti Sakowin and Omaha indigenous people. We honor and appreciate those who have the longest relationship with this place. 4. Old Business; item a Council Agenda Memo From: Jose Dominguez, City Engineer Meeting: October 27, 2025 Subject: Second Reading of Ordinance 1547 to amend Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, small animal use Presenter: Jose Dominguez Background: At the October 6, 2025 City Council meeting, the Council considered a request for an appeal regarding the placement of a small animal veterinarian use. The appeal was requested since Staff denied the application because the use would be closer than 150 feet from a residentially used building located in a residential district. After consideration, and denial of the appeal, the City Council requested that the ordinance be amended as quickly as possible so that small animal veterinarian uses are allowed as a conditional use within the GB General Business district. Discussion: The current ordinance places small animal veterinarians as a Conditional Use. This requires the use to be reviewed and approved by the City’s Planning and Zoning Commission. However, prior to being considered the use must meet certain applicable standards. One of these standards is the fact that the use cannot be located within 150 feet of a residential building within a residential district. The proposal would remove the distance requirement and not allow the kenneling of dogs outside of the building. This will remove the distance requirement and any future appeals due to proximity to a residential use. Prior to the 2008 Zoning Ordinance, veterinarian uses were allowed as Special Uses. However, anything associated with the use had to occur within an entirely enclosed structure. With the 2008 Zoning Ordinance, the outdoor kenneling of dogs was allowed if the use was at least 1,000 feet from a residential use. This remained until the ordinance was amended in 2012 reducing the distance from 1,000 feet to 150 feet. The 150-foot distance is the current requirement. 4. Old Business; item a The Planning and Zoning Commission considered the item at a special meeting on October 20th. After discussion, the Commission voted 7-0 to recommend the Council adopt the ordinance as proposed by Staff. During the meeting three members of the public spoke in favor of the amendment. The discussion centered if a distance required would be considered arbitrary and the benefits of not allowing outdoor kenneling of dogs as associated with veterinarian uses. The Council considered the first reading at the October 20th meeting. There was one member of the public that spoke. The individual was in favor of the amendment as proposed. After public comments, the Council discussed the possibility of having future amendments to include a distance requirement. After discussion, the Council voted 7-0 to advance the ordinance to second reading on October 27th. No changes to the ordinance have been made. Financial Consideration: Besides publishing costs, there are no financial considerations. Conclusion/Recommendations: Administration and the Planning and Zoning Commission recommend that the City Council adopt the ordinance as presented. This being a second reading, a roll call vote is required. ORDINANCE 1547 AN ORDINANCE TO AMEND TITLE XV, LAND USAGE; CHAPTER 155 ZONING REGULATIONS; SECTION 155.037 GB GENERAL BUSINESS DISTRICT, SUBSECTION (B) CONDITIONAL USES, AMENDING THE APPLICABLE STANDARDS FOR THE VETERINARIAN, SMALL ANIMAL USE. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the City of Vermillion Code of Ordinances Title XV, Land Usage; Chapter 155 Zoning Regulations; Section 155.037 GB General Business District, Subsection (B) Conditional Uses, amending the Applicable Standards for the Veterinarian, small animal use. All other portions of Section 155.037 will remain as they are. Following is the amendment: § 155.037 GB GENERAL BUSINESS DISTRICT. (B) Conditional Uses Conditional Uses Applicable Standards Veterinarian, small No outdoor kenneling of dogs. animal §§ 155.070, 155.072, 155.073, 155.077, 155.095(A) Dated at Vermillion, South Dakota this 27th day of October, 2025. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer First Reading: October 20, 2025 Second Reading: October 27, 2025 Published: October 31, 2025 Effective: November 20, 2025

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