OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Vermillion City Council Meeting – October 7, 2025: Appeals, Rezonings, and Public Hearings

City Council — Tuesday, October 7, 2025
BodyVermillion, South Dakota
SessionCity Council
DateTuesday, October 7, 2025
StatusFILED
Video Record
0:00 / 1:58:07

Transcript — Verbatim
0:26

Here, will you please stand for the Pledge of Allegiance?

0:38

One nation under God and the visible with liberty and justice for all a chance to review the minutes uh from September 15, uh the special meeting, September 15 regular meeting, September 22nd special meeting.

1:04

If so, are there any changes to those minutes or a motion to approve?

1:12

Motion approved by Councilor Murray, second by Councillor Lieber.

1:15

Any other discussion on the minutes?

1:17

All in favor signify by saying aye.

1:19

Aye.

1:19

Opposed saying nay.

1:22

Minutes are approved.

1:24

Adoption of the agenda.

1:25

Is everyone had a chance to review the agenda?

1:27

If so, are there any changes to the agenda or is there a motion to adopt the agenda?

1:34

Motion to approve the agenda by uh counselor price.

1:36

Is there a second?

1:38

Second.

1:38

Second by Councillor Hillwig.

1:39

Any other discussion on the agenda?

1:41

All in favor say aye.

1:44

Opposed say nay.

1:46

Agenda's adopted.

1:47

Uh for f visitors to be heard.

1:50

Uh persons addressing the council, please come to the podium, state your name and address for the record.

1:57

Uh, for items not on the agenda, members of the public may speak under visitors to be heard on any topic not on the agenda.

2:03

Remarks are limited to five minutes and no decision will be made at this time.

2:07

On each agenda item, public testimony will be taken at the beginning of each agenda item after the subject has been announced and explained by the mayor and staff.

2:16

Any citizen who wishes to speak on that subject may speak for one time for five minutes on each item.

2:23

Public testimony will then be closed and given to the governing body for possible action.

2:27

At that point, only city council members uh and staff may discuss the current agenda item unless the council member moves to allow another person to speak in unanimous consent of the council.

2:37

Questions from council members, however, may be directed to staff or members of the public through the presiding officer at any time.

2:42

Also, this is our first meeting with the consent agenda.

2:45

So if there is any item if you see listed on the consent agenda, which is item number seven, uh, I ask that uh somebody up from the visiting public want to speak on those items to come up during visitors to be heard uh and asked to consider to remove that from the consent agenda.

3:00

At this time, is there any uh visitors to be heard on any items that are not on the agenda?

3:06

And I understand we have some proclamations, we'll do those at the conclusion of it.

3:11

Please come forward, speak your name and address for the record, please, before Hi there, everyone.

3:19

My name is Jordan Defenbah.

3:21

Uh I my address is 703 South Summit in Sioux Falls, South Dakota, but I come to you representing local 1052 with AFSME Council 65, and I am representing tonight Brendan Steenek, who is an employer uh employee with public works here in Sioux Falls, specifically light and power.

3:43

And you're gonna hear from a few people uh tonight that are backing Brandon in order to maintain his employment here in Vermilion.

3:56

And I'm just going to read a letter from his sister, uh, who Brandon had an agreement with to stay at for the last six years.

4:06

And uh how it goes.

4:08

When my brother was serving our country, our family counted the days until we came home, until he came home.

4:16

We waited with pride, but also with worry, knowing he was giving so much of himself to protect others.

4:23

When he finally came home, we were grateful not just because he was safe, but because he carried the same dedication into serving our own community.

4:32

Now, as we talk about policies and rules that affect people like him, I just want to remind everyone that remind that behind every employee there's a person, a family, who has already sacrificed and stood by them through service through late nights and through every call on duty.

4:50

My brother came home from the military to keep serving right here, and I couldn't be prouder of him.

4:56

For the past several years, my brother has stayed in our spare bedroom during his on-call work periods.

5:02

This arrangement has allowed him to remain close to town, ensuring that he can respond quickly and reliably whenever he's needed.

5:10

It has been a consistent and practical solution that supports both his professionals' responsibilities and his well being.

5:18

Our family has been proud to provide him a stable and dependable place to stay while he continues to serve the community with dedication and integrity.

5:27

I'm asking the city to take a serious look at revisit revising the current on calls response time rule and align this rule with real world standards and respect the dedication of those who serve Vermilion.

5:40

Right now, your employees are expected to report with an unreal unrealistically short window and even stricter than what's required of doctors, emergency responders, or utility workers in neighboring towns.

5:54

This policy may have been written with good intentions, but it will no longer fit today's realities.

6:01

Employees like my brother, who has served the community faithfully for years, have proven they can respond quickly and reliably from slightly farther away.

6:10

There have been no delays, no missed calls, no public harm, no dedicated only dedication and service.

6:16

It makes no sense that our our city employees who keep the lights on and the community running face harsher restrictions.

6:24

We're not asking for special treatment.

6:26

Just common sense.

6:28

Extending the on-call response time to something reasonable like 30 minutes would maintain public safety while respecting the personal lives of the people who serve Vermillion.

6:38

This is a chance for the city to show that it values its workers, trusts their commitment, and wants policies rooted in fairness, not outdated rigidity.

6:50

I ask that you review and update this rule to reflect what's practical, safe, and right for everyone involved.

6:58

Thank you for your time and for listening with an open mind.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████25%
Procedural████████████████████20%
Animal Welfare███████████████15%
Personnel Matters█████████9%
Public Engagement██████6%
Public Safety█████5%
Technology and Innovation█████5%
Engineering And Infrastructure████4%
Pending Litigation███3%
Summary of Proceedings

Vermillion City Council Meeting – October 7, 2025

The Vermillion City Council met on October 7, 2025, to consider a wide range of items including public comments on an employee termination appeal, proclamations, a special permit, rezonings, a zoning appeal for a veterinary clinic, multi-year infrastructure project updates, and several appointments. The meeting lasted approximately two hours and included robust discussion on the city's on-call policy, enforcement of zoning distances, and a delayed lift station project.

Consent Calendar

  • Invoices payable, fuel quotes, and surplus declarations for the Vermillion Police Department (firearms and accessories) were approved unanimously.

Public Comments & Testimony

  • Brandon Steenek employment matter: Multiple speakers (Jordan Defenbah, Ron Jupiter, Brian Somerwald, Candy McDonald, Christina Steenek) spoke in support of city employee Brandon Steenek, who faced potential termination over an alleged two-minute violation of an on-call response time rule. Speakers argued that the policy is outdated, that Steenek had consistently responded on time from his sister's home (well within the 15-minute window), and that the rule should be revised to a 30-minute or mileage-based standard. They noted Steenek's excellent performance record, his military service, and that selective enforcement undermines morale. The mayor acknowledged the comments but stated the matter is a legal issue not on the agenda.
  • Veterinary clinic appeal: Steve Waller, Mary Waller, Jim Peterson (VCDC), and building owner Donnie Stewart spoke in favor of Dr. Green's proposed small animal vet clinic at 306 Bower Street, citing the community's need for a vet and the suitability of the location. They noted that the property is only about 120 feet from a residence (the ordinance requires 150 feet) but that the neighboring owner had no objection. The clinic would be a satellite office open a few days a week with no overnight kenneling.

Discussion Items

  • Proclamations: The council read and approved three proclamations: October 13, 2025 as Native American Day; October 5–11 as Fire Prevention Week (focusing on lithium-ion battery safety); and October 5–11 as Public Power Week (celebrating the city-owned electric utility).
  • Special assessment roll (nuisance abatement): A resolution to impose special assessments for mowing, snow removal, and property cleanup on 14 properties was adopted after a public hearing. No public testimony was offered.
  • Special permit for noise: A permit allowing amplified sound at Radigan Platz on October 18, 2025 from 3:45 p.m. to 5:15 p.m. for the Vermillion Rising No Kings community sing-along was approved.
  • First reading – Ordinance 1545 (rezoning from NRC to R1): A request to rezone 1200 West Main Street from Natural Resource Conservation to R1 Residential to allow an addition to an existing house. The Planning and Zoning Commission recommended approval. The council advanced the ordinance to second reading on October 20, 2025.
  • Appeal of zoning administration decision – Conditional use permit for vet clinic: The VCDC appealed the staff's denial of a CUP for a small animal vet at 306 Bower Street because the property was less than 150 feet from a residential structure. The council discussed whether the ordinance should distinguish between clinics and kennels, and whether to allow a variance. After legal advice that the appeal could only be granted on grounds of illegality (which did not exist), the council voted to deny the appeal (6–0). However, the council directed staff to prepare an ordinance amendment to reduce the distance requirement for vet clinics without outdoor kenneling, with a target of having the new ordinance effective by November 20, 2025, and then the CUP could be considered.
  • Second readings:
    • Ordinance 1541 (rezoning 1313 West Cherry Street from GB to R3) approved (9–0). The owner plans to convert a motel into studio apartments and build 20 additional units.
    • Ordinance 1542 (adding Marv Tract 1 and Munger Tract 4 to the rural service district) approved (9–0).
    • Ordinance 1544 (revising ward boundaries to include annexed properties) approved (9–0).
  • Blue Peak annual presentation: A representative gave an update on Blue Peak's fiber network expansion, noting an $8.3 million investment, community sponsorships of $27,000 in 2025, and ongoing Wi-Fi 7 upgrades. Council members raised concerns about slow burial of temporary cables and intermittent outages, especially affecting remote workers. The representative promised to look into both issues.
  • Tom Street Engineering Amendment No. 2: Staff requested an additional $59,860 for engineering services due to construction delays on the lift station project (now 494 days past original completion date, with $666,900 in liquidated damages accruing). The council expressed frustration but approved the amendment without the $15,000 contingency (motion passed). The contingency would require a separate request if needed.
  • 2024 audited financial report: Accepted with no discussion.
  • Storm drainage fee increase: A resolution to increase the fee by 3% (from $37.88 to $39.00 annually for a single-family home on a 10,000 sq ft lot) was adopted.

Key Outcomes

  • Appeal denied, ordinance amendment initiated: The council denied the appeal of the zoning administrator's decision regarding the vet clinic, but directed staff to draft an ordinance amendment to reduce the 150-foot setback for vet clinics without outdoor kenneling. The amendment will go to Planning and Zoning on October 20, with first reading by council on October 27, second reading on November 3, and effective date approximately November 20.
  • Tom Street project: The council approved $44,860 of the requested $59,860 engineering amendment, removing the contingency. Liquidated damages are being tracked and may be pursued.
  • Appointments:
    • Dennis Falcos appointed to the Historic Preservation Commission (term not specified).
    • Russell Olsen reappointed to the Tree Board.
    • Joseph Tenier (Holiday Inn manager) appointed to the Business Improvement District (BID) Board.
  • Upcoming events: Ribbon cutting for the new Law Enforcement Center on October 7 at 4 p.m.; Police/Fire/EMS open house on October 8, 5–7 p.m.; Public Power Week open house on October 10, 11 a.m.–1 p.m.; City offices closed October 13 for Native American Day.

Meeting Transcript

Here, will you please stand for the Pledge of Allegiance? One nation under God and the visible with liberty and justice for all a chance to review the minutes uh from September 15, uh the special meeting, September 15 regular meeting, September 22nd special meeting. If so, are there any changes to those minutes or a motion to approve? Motion approved by Councilor Murray, second by Councillor Lieber. Any other discussion on the minutes? All in favor signify by saying aye. Aye. Opposed saying nay. Minutes are approved. Adoption of the agenda. Is everyone had a chance to review the agenda? If so, are there any changes to the agenda or is there a motion to adopt the agenda? Motion to approve the agenda by uh counselor price. Is there a second? Second. Second by Councillor Hillwig. Any other discussion on the agenda? All in favor say aye. Opposed say nay. Agenda's adopted. Uh for f visitors to be heard. Uh persons addressing the council, please come to the podium, state your name and address for the record. Uh, for 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 five minutes and no decision will be made at this time. On each agenda item, public testimony will be taken at the beginning of each agenda item after the subject has been announced and explained by the mayor and staff. Any citizen who wishes to speak on that subject may speak for one time for five minutes on each item. Public testimony will then be closed and given to the governing body for possible action. At that point, only city council members uh and staff may discuss the current agenda item unless the council member moves to allow another person to speak in unanimous consent of the council. Questions from council members, however, may be directed to staff or members of the public through the presiding officer at any time. Also, this is our first meeting with the consent agenda. So if there is any item if you see listed on the consent agenda, which is item number seven, uh, I ask that uh somebody up from the visiting public want to speak on those items to come up during visitors to be heard uh and asked to consider to remove that from the consent agenda. At this time, is there any uh visitors to be heard on any items that are not on the agenda? And I understand we have some proclamations, we'll do those at the conclusion of it. Please come forward, speak your name and address for the record, please, before Hi there, everyone. My name is Jordan Defenbah. Uh I my address is 703 South Summit in Sioux Falls, South Dakota, but I come to you representing local 1052 with AFSME Council 65, and I am representing tonight Brendan Steenek, who is an employer uh employee with public works here in Sioux Falls, specifically light and power. And you're gonna hear from a few people uh tonight that are backing Brandon in order to maintain his employment here in Vermilion. And I'm just going to read a letter from his sister, uh, who Brandon had an agreement with to stay at for the last six years. And uh how it goes. When my brother was serving our country, our family counted the days until we came home, until he came home. We waited with pride, but also with worry, knowing he was giving so much of himself to protect others. When he finally came home, we were grateful not just because he was safe, but because he carried the same dedication into serving our own community. Now, as we talk about policies and rules that affect people like him, I just want to remind everyone that remind that behind every employee there's a person, a family, who has already sacrificed and stood by them through service through late nights and through every call on duty. My brother came home from the military to keep serving right here, and I couldn't be prouder of him. For the past several years, my brother has stayed in our spare bedroom during his on-call work periods. This arrangement has allowed him to remain close to town, ensuring that he can respond quickly and reliably whenever he's needed. It has been a consistent and practical solution that supports both his professionals' responsibilities and his well being. Our family has been proud to provide him a stable and dependable place to stay while he continues to serve the community with dedication and integrity. I'm asking the city to take a serious look at revisit revising the current on calls response time rule and align this rule with real world standards and respect the dedication of those who serve Vermilion. Right now, your employees are expected to report with an unreal unrealistically short window and even stricter than what's required of doctors, emergency responders, or utility workers in neighboring towns.

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