OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Vermillion City Council Meeting - June 2, 2026

City CouncilTuesday, June 2, 2026
BodyVermillion, South Dakota
SessionCity Council
DateTuesday, June 2, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:09

Second by counselor general here discussion on the minutes.

1:12

All those in favor are saying aye.

1:15

Aye.

1:16

All of the saying may not approved.

1:19

Adapt to the agenda.

1:20

Is anybody a chance to review the agenda?

1:23

If so, is there a motion to approve or is there a motion amended?

1:30

Motion to approve the agenda by counselor price.

1:32

Is there a second?

1:33

Second.

1:34

Second by uh counselor general sorry, counselor Hellway.

1:38

Any other discussion?

1:39

All those in favor saying aye.

1:45

Judges that visitors to be heard.

1:48

For a person uh wishing to be heard in the business to be heard uh and on any topic not in the agenda, please come to the podium and see your name and address before speaking.

1:59

You'll be limited to five minutes and no decision will be made at this time.

2:02

For any agenda items, public test will be taken beginning in each agenda item after the subject has been announced and explained by staff.

2:10

And any citizen who wishes to maybe speak for five minutes on each gender item.

2:14

Public testicle will then be closed and given to the government bottom.

2:17

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

2:28

Questions of the council, however, we redirect to staff or member of the public to present the option.

2:33

We also ask that if there's anybody wishes to speak on any of the consent agenda item, which is uh 7A through 7D, uh please speak under visitors to be heard as well.

2:44

Is there any visitors to be heard for any edits not on the agenda or on the consent agenda?

2:51

Seeing no visitors, moving on to public hearings.

2:54

We have public hearing for requests for variants to decrease the requirement yard setback from 25 feet to 22 feet.

3:01

Along the shared group property line, uh legally describes lots of six and age through uh block for the jackal edition.

3:09

Okay.

3:09

Thank you.

3:10

Uh so the city received a petition requesting that the rear rear yard setback be reduced from 25 feet to 22 feet uh for the property site you mentioned previously.

3:19

Uh this would facilitate a construction of 10 duplexes or 20 uh residential units.

3:25

However, uh on May 20th, the applicant requested that the consideration uh of this variance be rescheduled to uh June 15th.

3:34

Uh this was because an additional setback variance uh for the side yard would also be requested and the applicant would prefer the board consider both variances at the same time.

3:44

Uh the board does not have currently uh an item to consider since applicant removed uh the item uh and requested for to be reconsidered on June 15th.

3:55

However, since this is a public hearing that was advertised, uh the board is required to take public comments on no action is required from the board.

4:04

Thank you, Jose.

4:06

Is there any is there any business to be heard?

4:11

Is there any visitors to be heard on this item?

4:16

Seeing none, uh council for any discussion.

4:19

Looks like we know action needed, so is there any discussion by the council decide?

4:23

I got one more question before.

4:31

No, they're back to back, so they're re-RER to share between all ten units.

4:36

You have five on the along James and five along Baylor.

4:44

Can you hear questions or comments from the council?

4:49

Seeing none, no action on swimming, no motions.

4:54

Okay.

4:54

Moving on to the next item.

5:06

Referencing to move R3 residential district to GB General Business District.

5:12

Property that is addressed as all these church.

5:17

Thank you.

5:18

So in 2024, the owner requested the city to resone the property being questioned today from GB to the R3 residential district.

5:28

Recently, the city received an application to rezone the same property back from R3 to the general business district.

5:39

Waiting for the projector.

5:43

There it goes.

5:45

So just uh for reference, this would be Cherry Street, Cottage.

5:50

Uh this would be the building as it existed prior to 2024.

5:54

Uh since 2024, this was added to the building.

5:58

Uh and right now there's a tenant on this end that is requesting or requires uh for his business a drive-thru window.

6:06

Uh as you can see, uh, this area here that's uh green or teal is uh R3 residential, and everything else surrounding it uh would be the general business district.

6:19

Um as I mentioned in my memo, uh the request is due to uh that owner at the end, that tenant, uh, will be requiring a drive-thru window, and in order for them to use that drive-thru window, they would have to take up about 10 feet of that that residentially zoned area, and that's not allowed by ordinance, and we can't just move that property line or move that district over 10 feet because then that will reduce this required frontage uh for this to be developed into residential lots from the minimum of 50 to 40 feet, which is uh too small of an area.

6:58

Um the planning and zoning commission did consider this at their May 26th meeting at that meeting.

Discussion Breakdown — Share of Meeting
Procedural███████████████████████████27%
Public Safety███████████████████████████27%
Engineering And Infrastructure███████████████████19%
Zoning And Land Use█████████████████17%
Historic Preservation██████6%
Water And Wastewater Management████4%
Summary of Proceedings

Vermillion City Council Meeting - June 2, 2026

The Vermillion City Council met on June 2, 2026, at 1:32 PM to discuss a variance public hearing, a rezoning request, consent agenda items, a noise ordinance amendment, the capital improvement plan, a landfill contract, a fireworks permit, and a chip seal project bid. The meeting opened with approval of the minutes and agenda, followed by public hearings and council actions.

Consent Calendar

  • Approval of Minutes: Approved unanimously.
  • Approval of Agenda: Approved as presented.
  • Consent Agenda Items (7A-7D): The council approved the following without separate discussion:
    • Request to close High Street and West Cherry Street to the public transit driveway from Wednesday, August 12, 2026, 7 a.m. to Sunday, August 16, 2026, 12 p.m. for the County Fair.
    • Request from the South Dakota Shakespeare Festival to close Main Street from Palm Street to Water Street on June 19–21, 2026.

Public Comments & Testimony

  • Variance Public Hearing (Rear Yard Setback): The city received a petition to reduce the rear yard setback from 25 feet to 22 feet for property at Lots 6 and 8, Block 4, of the Jackal Addition to facilitate construction of 10 duplexes (20 residential units). On May 20, the applicant requested rescheduling to June 15 to also request a side yard variance. The council held the public hearing as advertised but took no action, as the item was removed from consideration.
  • Rezoning Public Hearing (303 Cherry Street): The owner requested rezoning from R3 Residential to GB General Business to allow a drive-thru window for a tenant. The Vermillion Chamber and Development Company (VCDC) expressed support for the rezoning. The Planning and Zoning Commission recommended approval (7-0). The council advanced the ordinance to a second reading on June 15, 2026.

Discussion Items

  • First Reading of Ordinance 1556 (Noise Ordinance Amendment): City staff presented changes to the noise policy, including adjusted hours and decibel levels. Summer (May 1–August 31): permit required if noise exceeds allowed decibels between 10 p.m. and 7 a.m. Winter (September 1–April 30): permit required between 8 p.m. and 7 a.m. The public hearing requirement was removed. Daytime decibel restrictions were eliminated, but disturbing the peace remains prohibited. Decibel limits were adjusted to align with typical nuisances (e.g., normal conversation 50–60 dB, vacuum 70 dB). Councilmembers discussed enforcement and measurement methods. The ordinance was advanced to a second reading on June 15.
  • Capital Improvement Plan (CIP) Update: The council reviewed the 2027–2031 CIP, which serves as a starting point for the 2027 budget. Notable additions include a water line project for 2028 and the bike path from South Crawford to South University. The CIP was approved as a budget planning document.
  • Professional Service Agreement with Burns & McDonnell (Landfill): The council approved a not-to-exceed $198,000 contract for construction administration services for Landfill Cell 7 and partial closure of Cells 3, 4, and 5. The project is expected to be completed by summer 2027. The cost is within the joint powers landfill fund budget.
  • Public Fireworks Display Permit (July 4th): The council approved a permit for Fireworks Unlimited to conduct the annual display on July 4, 2026, from 10 p.m. to 10:45 p.m. at the south edge of the Polaris parking lot. Rain dates of July 5 and July 11 were approved. The council also approved closing Carr Street from Bower Street to the access road north of West Cherry Street from 8 p.m. to 11 p.m. for spectator safety. The city provided $6,000 from the BBB fund for the display.
  • Bid Award for 2026 Chip Seal Project: The council awarded the contract to Road Guide Construction (Yankton) for $146,933, the low bid among two received. Staff's estimate was $141,000. The project covers multiple streets, including Crawford, Crestview, Eastgate, Pine, Prentice, Clark, Adams, Rose, Spruce, West Main, and alleyways. The street department budgeted $167,500 for chip sealing, with remaining funds for future purchases. Work is scheduled for mid-July to early September.

Key Outcomes

  • Variance: No action taken; rescheduled to June 15.
  • Rezoning (303 Cherry Street): Advanced to second reading (June 15) by a voice vote (motion by Councilmember Price, second by Councilmember Hellway).
  • Ordinance 1556 (Noise): Advanced to second reading (June 15) by a voice vote (motion by Councilmember Cheifman, second by Councilmember Hellway).
  • Consent Agenda: Approved by a voice vote.
  • CIP Update: Approved by a voice vote (motion by Councilmember Price, second by Councilmember Murray).
  • Landfill Contract: Approved by a voice vote (motion by Councilmember ? second by Councilmember Hellway).
  • Fireworks Permit and Street Closure: Approved by a voice vote (motion by Councilmember Cheifman, second by Councilmember Never).
  • Chip Seal Bid: Approved by a voice vote (motion by Councilmember Price, second by Councilmember Hellway).
  • Next Meeting: June 15, 2026.
  • Other Announcements: Election day June 3; boards and commissions openings; Liberty tree plaque unveiling June 3; Java school plaque unveiling June 10; Dakota Hospital Foundation raffle tickets available.

Meeting Transcript

Second by counselor general here discussion on the minutes. All those in favor are saying aye. Aye. All of the saying may not approved. Adapt to the agenda. Is anybody a chance to review the agenda? If so, is there a motion to approve or is there a motion amended? Motion to approve the agenda by counselor price. Is there a second? Second. Second by uh counselor general sorry, counselor Hellway. Any other discussion? All those in favor saying aye. Judges that visitors to be heard. For a person uh wishing to be heard in the business to be heard uh and on any topic not in the agenda, please come to the podium and see your name and address before speaking. You'll be limited to five minutes and no decision will be made at this time. For any agenda items, public test will be taken beginning in each agenda item after the subject has been announced and explained by staff. And any citizen who wishes to maybe speak for five minutes on each gender item. Public testicle will then be closed and given to the government bottom. At that point, only council members and staff may discuss the current item, unless uh the council member moves to allow another person to speak and then unanimous consent from the council. Questions of the council, however, we redirect to staff or member of the public to present the option. We also ask that if there's anybody wishes to speak on any of the consent agenda item, which is uh 7A through 7D, uh please speak under visitors to be heard as well. Is there any visitors to be heard for any edits not on the agenda or on the consent agenda? Seeing no visitors, moving on to public hearings. We have public hearing for requests for variants to decrease the requirement yard setback from 25 feet to 22 feet. Along the shared group property line, uh legally describes lots of six and age through uh block for the jackal edition. Okay. Thank you. Uh so the city received a petition requesting that the rear rear yard setback be reduced from 25 feet to 22 feet uh for the property site you mentioned previously. Uh this would facilitate a construction of 10 duplexes or 20 uh residential units. However, uh on May 20th, the applicant requested that the consideration uh of this variance be rescheduled to uh June 15th. Uh this was because an additional setback variance uh for the side yard would also be requested and the applicant would prefer the board consider both variances at the same time. Uh the board does not have currently uh an item to consider since applicant removed uh the item uh and requested for to be reconsidered on June 15th. However, since this is a public hearing that was advertised, uh the board is required to take public comments on no action is required from the board. Thank you, Jose. Is there any is there any business to be heard? Is there any visitors to be heard on this item? Seeing none, uh council for any discussion. Looks like we know action needed, so is there any discussion by the council decide? I got one more question before. No, they're back to back, so they're re-RER to share between all ten units. You have five on the along James and five along Baylor. Can you hear questions or comments from the council? Seeing none, no action on swimming, no motions. Okay. Moving on to the next item. Referencing to move R3 residential district to GB General Business District. Property that is addressed as all these church. Thank you. So in 2024, the owner requested the city to resone the property being questioned today from GB to the R3 residential district.

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