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Record of Proceedings

Vermillion City Council Meeting: September 21, 2026

City Council — Monday, September 21, 2026
BodyVermillion, South Dakota
SessionCity Council
DateMonday, September 21, 2026
StatusFILED
Video Record
0:00 / 50:52

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
8:52

All right, turning to the minutes.

8:53

Has everybody had a chance to read the minutes?

8:55

Are they uh correct?

8:56

Any corrections or revisions to the minutes of the uh the two meetings we had last or two weeks ago.

9:05

Second.

9:06

Having been moved and seconded, all in favor, please indicate by saying aye.

9:13

Moving on to the adoption of the agenda.

9:15

Are there any revisions, additions or corrections made to the agenda.

9:22

No, having hearing none, do we have a motion to adopt the agenda as written?

9:27

Is there a second to that?

9:29

All in favor indicate saying aye.

9:31

Aye.

9:32

Opposed nay.

9:33

The agenda's passed.

9:36

Do we have any visitors to be heard on any items not on the agenda.

9:57

Okay.

10:00

Uh so the owner of the property, Cyote Den LC has requested to rezone their property from R1 residential district to the R3 residential district.

10:07

The land being considered for rezoning is approximately 3.8 uh acres in size.

10:12

Uh the land to be considered is bounded by the red uh border in this drawing.

10:18

Here you have North University, Row Street ending right there, and after that it's uh USC's property into the parking lot.

10:25

Uh you have the wellness center to the east of uh university and the coyote sports center in Dakota Dome on the west side of that uh property, and to the south, as you can see, coyote village.

10:37

Um is not required to adhere to the city zoning ordinance uh due to the fact that they are a state uh property uh and a solution does not fall within any of the city zoning district.

10:48

That's why in this uh exhibit uh you see everything that's surrounding this property as hatched.

10:55

Uh that's what we utilized as uh marking or denoting that it's not within a zoning district.

11:00

Uh 1977, attorney general's opinion stated that the state and thus USD is not required to follow a city zoning ordinance.

11:08

Uh, the requirement for the owner to gather signatures from property owners uh within 250 feet of the area being rezoned as a city zoning uh ordinance requirement and not something required by state statute.

11:20

Uh, due to this fact the owner was not required to collect signatures from USD, uh, excluding USD's property.

11:27

There are a total of approximately 165,000 square feet of area within 250 feet of the rezone.

11:34

The owner owns 148 or almost 148, 49,000 square feet or 90% of the area.

11:41

Um this parcel here is actually not owned by USD.

11:46

So that would have been that 10%.

11:49

Um excuse me.

11:52

Uh the item was considered by the uh planning and zoning commission at their September 14th meeting.

11:57

At that meeting, no one uh from the public spoke on the subject.

12:00

The commission had a single question to clarify if the owner would be required to meet off-street parking requirements, uh, which they are.

12:07

Uh, after a brief discussion, the commission recommended unanimously A to zero for the city council to approve the rezone as proposed by the applicant and staff.

12:16

Uh, although the plan, a plan has not been submitted to the city, the owner is planning on building residential uses within the property.

12:24

The specific use uh or uses are not required to be known for the rezone.

12:29

In conversations, the owner, as I mentioned, has uh talked about apartments uh with amenities, for example, weight room, uh recreation rooms, etc.

12:38

Residential uses in this of this density are not allowed, and their R1 zoning district uh hence the need to request a rezone uh to the R3 residential district.

12:49

Although USD does not have to comply with the city zoning ordinance, staff does consider the uses in the area and how they would affect possible residential development in this instance.

13:00

Uh we do have to the south uh already residential development, essentially in R3 residential district right there with apartments to the east.

13:09

We have the wellness center, although that might not be residential, it's definitely an amenity that would be used by the residents.

13:17

And to the west, you also have the dome and the sports center, which again those would be amenities that would be used by the uh possible residents of this area.

13:26

Excuse me.

13:27

Uh with all this being said, administration on the planning and zoning commission recommend that the city council advance ordinance 1576 a second reading on October 5th.

13:36

Uh, we do have uh the owner precedent if there's any questions that I cannot answer.

13:41

Thank you very much, Jose.

13:43

Are there any members of the public who wish we heard on this matter?

13:49

Okay.

13:50

Seeing then, does anybody have any questions for Jose or the uh property owner?

13:56

Mike, did you have a question?

13:58

Yeah, Jose.

13:59

I know you said there's no plans or anything drawn up yet.

14:02

There might be concern.

14:05

I'm gonna put my firefighter hat on right now.

14:08

Um is access if they put buildings there, there's a sidewalk seat to the north side of Coyote Village.

14:16

That is supposed to be our fire access to the back side of that building.

14:19

That is not hardly wide enough for a truck.

14:23

Are we able to work with them and have be able to have an access point through like a fence or something there down the road?

Discussion Breakdown — Share of Meeting
Zoning And Land Use██████████████████████████████████34%
Procedural██████████████████████████████30%
Utilities Management████████████12%
Water And Wastewater Management██████████10%
Budget Equity Analysis████4%
Human Relations████4%
Public Safety████4%
Fire Safety██2%
Summary of Proceedings

Vermillion City Council Meeting: September 21, 2026

The Vermillion City Council met on September 21, 2026, at 5:30 PM to discuss a rezoning request, second readings of ordinances, a storm drainage fee increase, an airport funding agreement, appointments, and property transfers. All agenda items were approved, with two ordinances requiring roll-call votes.

Consent Calendar

  • Minutes: Approved unanimously from previous meetings.
  • Agenda: Approved as written without revisions.
  • Consent Agenda: Items moved as a block; no items pulled to new business. Approved unanimously.

Discussion Items

  • Rezoning Request (R1 to R3): Jose presented a request from Cyote Den LC to rezone approximately 3.8 acres near USD property (bounded by North University, Row Street, and Coyote Village). The property is surrounded by state-owned land (USD) which is exempt from city zoning per a 1977 Attorney General opinion. The owner was not required to collect signatures from USD. The Planning and Zoning Commission recommended approval unanimously on September 14, 2026. No public comment was made. Council member Mike raised fire access concerns but expressed support; staff confirmed future fire code review. Council member Julia asked about surrounding zoning. The council approved the rezone for second reading on October 5, 2026.
  • Second Reading of Ordinance 1574 – Property Tax Levy: John (city staff) explained that due to a change in budget process, a separate ordinance was needed to certify the property tax levy to the Clay County Auditor. The ordinance slightly exceeds the memo amount to allow for formula adjustments. No changes since first reading. A roll-call vote passed 9-0.
  • Second Reading – Motorized Foot Scooter Definition Correction: Alex presented an amendment to add the word "no" to the definition: "has no more than two 12-inch or smaller diameter wheels." The error was discovered from a previously adopted ordinance. Roll-call vote passed 9-0.
  • Storm Drainage Fee Increase: Joseph proposed a 3% increase in the unit financial charge to generate approximately $353,946 in 2027 (about $10,300 more than 2026). A single-family home on a 10,000 sq ft lot would see an annual increase from $39.02 to $40.20. Council members asked about fund balance and system condition; staff noted gradual increases and about $700,000 in reserves. Approved unanimously.
  • Airport Pavement Maintenance Funding Agreement: Jose reported that the project was completed in advance of funding agreements. The federal government will pay 95%, the state 2.5%, and the city 2.5% (about $3,622 of the total $145,000). Council approved allowing the mayor to sign the agreements.
  • Appointment to Human Relations Commission: The mayor nominated Addie Oyen as the post-secondary student representative. Motion approved unanimously.
  • Memorandum of Understanding (MOU) – Jack Powell Lots: John requested approval to transfer six previously overlooked lots (Block 2, Lots 1-6) to the Vermillion Chamber and Development Company (VCDC) for development. Conditions include property tax payment, no reduction in lot count, and building permit within one year of sale. Council clarified lot layouts and the senior housing project. Approved unanimously.
  • Resolution Setting Public Hearing for Nuisance Abatement Special Assessment: Wendy presented a resolution to set a public hearing on October 5, 2026, for the special assessment of costs for grass mowing, snow removal, and debris abatement. Approved unanimously.
  • Invoice Payment – Broadcaster Press: An invoice of $1,761 was removed from consent to avoid conflict of interest. Council member Lyas abstained. Motion to approve passed.

Key Outcomes

  • Rezone Approved for Second Reading on October 5, 2026.
  • Ordinance 1574 (Tax Levy) passed on second reading (9-0 roll call).
  • Motorized Scooter Definition Correction passed on second reading (9-0 roll call).
  • Storm Drainage Fee increased by 3% effective 2027.
  • Airport Funding authorized.
  • Addie Oyen appointed to Human Relations Commission.
  • Six Lots transferred to VCDC.
  • Public Hearing set for October 5, 2026, on nuisance abatement assessments.
  • Broadcaster Press invoice approved.

City Manager's Report

  • Upcoming meetings: Human Relations Commission on September 29, 2026 (moved due to conflict); Planning and Zoning Commission on September 28, 2026, with two conditional use permits.
  • Board vacancies: Business Improvement District #1 (lodging owner/manager), Vermillion Housing Authority (five-year term), Tree Board (one- and two-year terms), Business Improvement District #2 (two three-year terms).
  • Raffle notification: USD ROTC cadets selling $50 tickets (limited to 400) for a Bergara B14 HMR rifle (valued at $3,000) until November 14, 2026.
  • Blue Envelope Program: New initiative for drivers on the autism spectrum; envelopes available at police department.

Meeting Transcript

All right, turning to the minutes. Has everybody had a chance to read the minutes? Are they uh correct? Any corrections or revisions to the minutes of the uh the two meetings we had last or two weeks ago. Second. Having been moved and seconded, all in favor, please indicate by saying aye. Moving on to the adoption of the agenda. Are there any revisions, additions or corrections made to the agenda. No, having hearing none, do we have a motion to adopt the agenda as written? Is there a second to that? All in favor indicate saying aye. Aye. Opposed nay. The agenda's passed. Do we have any visitors to be heard on any items not on the agenda. Okay. Uh so the owner of the property, Cyote Den LC has requested to rezone their property from R1 residential district to the R3 residential district. The land being considered for rezoning is approximately 3.8 uh acres in size. Uh the land to be considered is bounded by the red uh border in this drawing. Here you have North University, Row Street ending right there, and after that it's uh USC's property into the parking lot. Uh you have the wellness center to the east of uh university and the coyote sports center in Dakota Dome on the west side of that uh property, and to the south, as you can see, coyote village. Um is not required to adhere to the city zoning ordinance uh due to the fact that they are a state uh property uh and a solution does not fall within any of the city zoning district. That's why in this uh exhibit uh you see everything that's surrounding this property as hatched. Uh that's what we utilized as uh marking or denoting that it's not within a zoning district. Uh 1977, attorney general's opinion stated that the state and thus USD is not required to follow a city zoning ordinance. Uh, the requirement for the owner to gather signatures from property owners uh within 250 feet of the area being rezoned as a city zoning uh ordinance requirement and not something required by state statute. Uh, due to this fact the owner was not required to collect signatures from USD, uh, excluding USD's property. There are a total of approximately 165,000 square feet of area within 250 feet of the rezone. The owner owns 148 or almost 148, 49,000 square feet or 90% of the area. Um this parcel here is actually not owned by USD. So that would have been that 10%. Um excuse me. Uh the item was considered by the uh planning and zoning commission at their September 14th meeting. At that meeting, no one uh from the public spoke on the subject. The commission had a single question to clarify if the owner would be required to meet off-street parking requirements, uh, which they are. Uh, after a brief discussion, the commission recommended unanimously A to zero for the city council to approve the rezone as proposed by the applicant and staff. Uh, although the plan, a plan has not been submitted to the city, the owner is planning on building residential uses within the property. The specific use uh or uses are not required to be known for the rezone. In conversations, the owner, as I mentioned, has uh talked about apartments uh with amenities, for example, weight room, uh recreation rooms, etc. Residential uses in this of this density are not allowed, and their R1 zoning district uh hence the need to request a rezone uh to the R3 residential district. Although USD does not have to comply with the city zoning ordinance, staff does consider the uses in the area and how they would affect possible residential development in this instance. Uh we do have to the south uh already residential development, essentially in R3 residential district right there with apartments to the east. We have the wellness center, although that might not be residential, it's definitely an amenity that would be used by the residents. And to the west, you also have the dome and the sports center, which again those would be amenities that would be used by the uh possible residents of this area. Excuse me. Uh with all this being said, administration on the planning and zoning commission recommend that the city council advance ordinance 1576 a second reading on October 5th. Uh, we do have uh the owner precedent if there's any questions that I cannot answer. Thank you very much, Jose. Are there any members of the public who wish we heard on this matter? Okay.

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