City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · March 24, 2020
Minutes
Unapproved Minutes
Council Special Session
March 24, 2020
Tuesday 5:00 p.m.
The special session of the City Council, City of Vermillion, South Dakota
was called to order on Tuesday, March 24, 2020 at 5:00 p.m. by Mayor
Powell.
1. Roll Call
Present: Collier-Wise, Hellwege (by phone), Holland, Humphrey, Price,
Sorensen, Ward, Willson (by phone), Mayor Powell
2. Pledge of Allegiance
3. Adoption of Agenda
72-20
Alderman Price moved approval of the agenda. Alderman Humphrey seconded
the motion. A roll call vote of the Governing Body was as follows:
Collier-Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Price-Y, Sorensen-Y,
Ward-Y, Willson-Y, Mayor Powell-Y. Mayor Powell declared the motion
adopted.
4. Visitors to be Heard - None
5. Public Hearing
A. First Reading of Ordinance 1413 Implementation of Certain Emergency
Measures to Slow the Community Spread of COVID-19
Mayor Powell reported on conference calls with Governor Noem, SD
Department of Health and other first class cities in the state last week
and again on Monday to develop a uniform response regarding measures to
slow the community spread of COVID-19. Mayor Powell reported that it
appears the state would like the cities to take the lead in responding
as they know their communities. Mayor Powell stated that, in response to
the spread over the weekend, cities are adopting ordinances to implement
certain emergency measures and it was suggested that the restrictions be
similar in cities. Mayor Powell asked John Prescott, City Manager, to
review the proposed ordinance.
John Prescott, City Manager, reported that, over the last two weeks, the
impact of COVID-19 has greatly affected our community in a number of
ways. John reported that last Friday afternoon there was a conference
call with Governor Kristi Noem and SD Department of Health Secretary Kim
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Malsam-Rysdon and most of the other first class community Mayors, City
Managers, or City Administrators. John noted that the topic of the
conference call was restrictions on public gathering places such as bars
and restaurants. John noted that at the end of the call he did not believe
that any community had established a governing body meeting date to
implement restrictions on gatherings but all the communities were
monitoring the situation. John reported that over the weekend with some
of the first community spread of COVID-19 in South Dakota, local efforts
to implement restrictions on public gatherings began to take place. John
stated that Rapid City and Huron had first reading of an ordinance on
Sunday, March 22, 2020 with second reading of their ordinances scheduled
for Friday and Thursday, respectively, of this week. John noted that
Watertown and Brookings considered similar ordinance at Monday evening
meetings and that Yankton may be considering an action today. John stated
that the first class cities are working together in this effort to present
a similar set of standards among the communities. John reported that
Proposed Ordinance 1413 has one additional “Whereas” referencing the
Governor’s Executive order that was issued late this afternoon. John also
noted that there is some variance in the last “Whereas” paragraph as only
the Rapid City ordinance and the attached proposed ordinance contain this
paragraph. John reviewed the proposed ordinance noting that the earliest
start date would be after second reading that can be anytime on March
30, 2020. John suggested adding to the exemptions in Section 5 to add
parks, trails, hike/bike path, and the Bluffs golf course. John noted
that the emergency ordinance would be effective for a sixty (60) day
period. John reported that the proposed ordinance states that the City
Council would consider the continuation of the restrictions at each
regular meeting during the 60-day time period. John noted that a special
meeting can be called with a 24-hour notice to make changes to the end
date. John noted that, if the City Council would prefer to set an end
date, we have sample language for that. John noted that the emergency
ordinance requires two readings five days apart thus if first reading is
tonight the earliest second reading could be Monday March 30th. John
reported that the draft ordinance was the topic of a meeting of the
restaurant and bar owners put together this afternoon by the VCDC.
Mayor Powell requested public comment.
Kevin Annis, resident of 810 N Crawford Road, thanked the City Council
for taking steps to slow the spread of the virus but also allowing the
convenience stores to remain open as they serve the citizens of the
community. Kevin asked if the City Council would consider allowing video
lottery to remain open if accommodations can be made for social
distancing.
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Alderman Sorensen read a letter received from Dr. Vicki Walker
encouraging best practices for all business that will remain open to
prevent the spread of the virus.
Alderman Collier-Wise read a letter from Dr. Lana Svien who supported
Governor Noem’s executive order to protect the community as well a letter
from Dr. Courtney Merkwan who noted the COVID-19 virus is serious and
the City needs to take steps to protect the public.
Discussion followed on the proposed ordinance including consideration of
a fine or penalty, how to define the video lottery, if nail salons, hair
salons and massage parlors should be included in the list of closures,
the need to include central daylight time, and timing for second reading.
The consensus was to schedule a special meeting for March 30, 2020 at
9:00 a.m. for second reading of the proposed ordinance.
73-20
Mayor Powell read the title to the above mentioned Ordinance and Alderman
Price moved adoption of the following Resolution with amendments to the
proposed ordinance to change the effective time to 9:00 a.m. CDT Monday,
March 30, 2020, in Section 2 to include hair and nail salons, barber
shops and massage parlors, in Section 4 to change casinos to video lottery
casino operations and add 5 j. Parks, trails, hike/bike path and the
Bluffs Golf Course:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to proposed Ordinance No. 1413 entitled an Emergency Ordinance to Address
a Public Health Crisis by Implementing Certain Measures Which Have Been
Deemed Necessary to slow the Community Spread of COVID-19 (Coronavirus)
for the City of Vermillion, South Dakota has been read and the Ordinance
has been considered for the first time in its present form and content
as amended at this meeting being a special called meeting of the Governing
Body of the City on this 24th day of March, 2020 at the Council Chambers
in City Hall in the manner prescribed by SDCL 9-19-7 as amended.
The motion was seconded by Alderman Collier-Wise. Discussion followed
noting that the Governor has asked for creative solutions for our
communities to work through these issues noting that many will be
impacted but these measures are needed to save lives. It was restated
that this ordinance will not become effective until March 30th but
businesses are encouraged to implement the restrictions earlier and
citizens were asked to support the local business by ordering carryout
or delivery. The discussion included working to create a local panel of
experts to address issues as they arise moving forward and to consider
the local National Guard unit as a resource. After further discussion,
the question of adoption of the Resolution was put to a roll call vote
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of the Governing Body as follows: Collier-Wise-Y, Hellwege-Y, Holland-
Y, Humphrey-Y, Price-Y, Sorensen-N, Ward-Y, Willson-Y, Mayor Powell-Y.
The vote of the Governing Body was 8 members voted in favor of and 1
member voted in opposition to the motion. Mayor Powell declared the
motion adopted.
6. Adjourn
74-20
Alderman Sorensen moved to adjourn the Council special session at 6:02
p.m. Alderman Ward seconded the motion. A roll call vote of the Governing
Body was as follows: Collier-Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y,
Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Powell-Y. Mayor Powell
declared the motion adopted.
Dated at Vermillion, South Dakota this 24th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
John E. (Jack) Powell, Mayor
ATTEST:
BY___________________________________
Michael D. Carlson, Finance Officer
Published once at the approximate cost of ___________.
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Agenda
City of Vermillion Council Agenda
5:00 p.m. Emergency Meeting
Tuesday, March 24, 2020
City Council Chambers
25 Center Street
Vermillion, South Dakota 57069
1. Roll Call
2. Pledge of Allegiance
3. Adoption of the Agenda
4. Public Hearing
a. First Reading of Ordinance 1413 Implementation of Certain Emergency Measures to Slow the
Community Spread of COVID-19.
5. 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.
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desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at
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a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first
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Vermillion City Council’s Values and Vision
This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and
promoting these ideals to a consistently increasing populace.
Item 4a
Council Agenda Memo
From: John Prescott, City Manager
Meeting: March 24, 2020
Subject: Ordinance 1413 – Emergency ordinance to address COVID-19
Presenter: John Prescott
Background: Over the last two weeks, the impact of COVID-19 has greatly affected our
community in a number of ways. Last Friday afternoon, the Mayor and I along with most
of the other First class community Mayors, City Managers, or City Administrators
participated in a conference call with Governor Kristi Noem and SD Department of
Health Secretary Kim Malsam-Rysdon. The topic of the conference call was restrictions
on public gathering places such as bars and restaurants. The Governor and Secretary
explained where the State was at with the process, when related restrictions might be
implemented, and items related to these type of restrictions. It was noted that some
surrounding states have similar restrictions and how those restrictions came into being.
Discussion: At the end of the call, I do not believe that any community had established a
governing body meeting date to implement restrictions on gatherings but all the
communities were monitoring the situation. Over the weekend with some of the first
community spread of COVID-19 in South Dakota, local efforts to implement restrictions
on public gatherings began to take place. Rapid City and Huron had first reading of an
ordinance on Sunday, March 22, 2020. The second reading of their ordinances are
scheduled for Friday and Thursday, respectively, of this week. Yankton and
Brookings were considering a similar ordinance on Monday evening meetings (March
23).
The two ordinances already adopted and the two ordinances being considered on
Monday night are almost identical. As the first class cities are working together in this
effort, we are trying to present a similar set of standards among the
communities. Proposed Ordinance 1413 has one additional “Whereas” referencing
the Governor’s Executive order that was issued late this afternoon. There is some
variance in the last “Whereas” paragraph. Only the Rapid City ordinance and the
attached proposed ordinance contain this paragraph. Another difference is 5g and
5h. The Rapid City, Brookings, and proposed ordinance 1413 contain this language.
These items are included so that the City Council can consider the full context of
what other cities have adopted. 5a does
Item 4a
specifically include a package off-sale liquor store as a retail establishment that can
remain open.
When and how the restrictions would end vary among the communities. All of the
four ordinances either adopted or being considered, state the ordinance is for 60 days.
A City Council would have to take specific action to extend the emergency ordinance
beyond 60 days. Proposed ordinance 1413 utilizes similar language. The difference
is when the restrictions on closings would end. Rapid City has the restrictions set to
run March 27, 2020 to April 8, 2020. Brookings has the restrictions set to run March
23, 2020 to April 8, 2020. Yankton has the restrictions set to run from March 26, 2020
to April 14, 2020. Huron has the restrictions set to begin March 23, 2020 but did not
identify an end date. (Note the effective date can be impacted by a charter provision,
state law or other items). Proposed ordinance 1413, if adopted and with a second
reading on March 30, would become effective on March 30, 2020. Rather than
have an end date, the proposed ordinance states that the City Council would
consider the continuation of the restrictions at each regular meeting during the 60-day
time period. The City Council may prefer to set an end date and we have sample
language for that.
Financial Consideration: Without information on the sales of each business, this
is difficult to determine. Sales tax receipts and the BBB fund would be impacted.
Conclusion/Recommendations: Administration recommends that the City
Council thoughtfully review proposed Ordinance 1413 to implement restrictions that
best fit our community and help prevent the spread of COVID-19.
Please note that if adopted, the City Council should schedule a special meeting for Monday, March 30 to
accommodate the second reading of the ordinance.
PROPOSED ORDINANCE NO. 1413
AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY
IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED
NECESSARY TO SLOW THE COMMUNITY SPREAD OF COVID 19
(CORONAVIRUS).
WHEREAS, the City of Vermillion (City) has the authority pursuant to SDCL 9-29-1 and 9-32-1
to enact ordinances for the purpose of promoting the health, safety, morals, and general welfare,
of the community; and
WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus, has
been confirmed in more than 100 countries, including the United States; and
WHEREAS, COVID-19 is a severe respiratory disease transmitted by person-to-person contact,
or by contact with surfaces contaminated by the virus that in some cases, especially among older
adults and persons with serious underlying health conditions, can result in serious illness requiring
hospitalization, admission to an intensive care unit, and death; and
WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and
Prevention (CDC), and the Secretary of the United States Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in
response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which
declared a state of emergency to exist in the State of South Dakota in response to the spread of
COVID-19; and
WHEREAS, cases of COVID-19 have been confirmed in South Dakota; and
WHEREAS, the CDC and health experts have recommended social distancing to slow the spread
of COVID-19; and
WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious
disease by reducing the probability of contact between infected persons and those not infected in
order to minimize disease transmission; and
WHEREAS, in response to the need to implement social distancing, all schools in the state of
South Dakota have been closed for at least two weeks; and
WHEREAS, on March 16, 2020, the Trump Administration (White House) issued guidance
recommending that social gatherings of more than ten (10) people be avoided and that people avoid
eating or drinking at bars, restaurants, and food courts; and
WHEREAS, the guidance issued by the White House further recommended that in states with
evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and
outdoor venues where people congregate should be closed; and
WHEREAS, many states and communities across the country have already implemented the White
House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and
outdoor venues where people congregate be closed until the public health emergency is over; and
WHEREAS, Governor Kristi Noem on March 23, 2020 issued an Executive Order that noted that
any South Dakota enclosed retail business that promotes public gatherings should suspend or
modify business practices as recommended by the CDC, and continue or consider business models
that do not involve public gatherings; and
WHEREAS, the failure to successfully implement social distancing will likely result in higher
numbers of infected individuals and has the potential to overwhelm the capacity of the City’s
health care providers; and
WHEREAS, it is important that control measures be taken to reduce or slow down the spread of
COVID-19 in order to protect the health and safety of the City’s residents, especially for seniors
and those with underlying health conditions that make them particularly vulnerable to COVID-19;
and
WHEREAS, while this ordinance cannot become legally effective until after the second reading
of an ordinance which must be at least five (5) days after the first reading of an ordinance due to
the requirements of state law, the City strongly urges all businesses to start voluntarily complying
with these regulations immediately.
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the City of Vermillion
that:
1. Effective at 7:00 p.m. Monday, March 30, 2020, all restaurants, food courts, coffee houses,
bars, breweries, distilleries, wineries, clubs, cafes, and other similar places of public
accommodation offering food and beverages for on-site consumption, including any
alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These
businesses may continue to operate in order to provide take-out, delivery, curbside service,
and drive-thru service. Any business continuing to operate in order to provide lawful off-
site service should implement procedures to ensure social distancing and operation in
compliance with federal and state health guidance in order to prevent the spread of COVID-
19.
2. Effective at 7:00 p.m. Monday, March 30, 2020, all recreational facilities, public pools,
health clubs, athletic facilities, and theaters, including movie theaters, and music or
entertainment venues are directed to close and cease operations.
3. Effective at 7:00 p.m. Monday, March 30, 2020, all hookah lounges, cigar bars, vaping
lounges or other similar businesses that allow for on-site consumption are directed to cease
allowing on-site consumption, but may continue to offer products for sale to consume off-
site under the same conditions as bars and restaurants outlined in #1 above.
4. Effective at 7:00 p.m. Monday, March 30, 2020, all arcades, bingo halls, bowling alleys,
casinos, indoor climbing facilities, skating rinks, trampoline parks, and other similar
recreational or entertainment facilities are directed to close and cease operations.
5. The prohibitions and closures in this order do not apply to the following businesses,
activities or operations:
a. Places of public accommodation that offer food and beverages for off-site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, liquor stores, pharmacies, drug stores, and food pantries, other than
any portion of such business which offer on-site consumption which would be subject
to the requirements of #1 above.
b. Room service in hotels.
c. Health care facilities, residential care facilities, congregate care facilities, and
correctional facilities.
d. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
e. Airport concessionaires.
f. Any emergency facilities necessary for the response to the current public health
emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state, federal, or local governments or their courts.
i. Educational institutions and their related services under the governance of the Board of
Regents or local school boards to the extent permitted by the governing authorities.
6. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall
be automatically repealed unless specifically readopted for an additional period of time by
the City Council. At each regular City Council meeting during the sixty (60) day period or
at a special meeting called for consideration of this ordinance, the City Council will have
as an agenda item consideration of a resolution to suspend the provisions herein prior to
the end of the sixty (60) day period. Any restriction contained in this ordinance may be
modified at any time by a resolution of the City Council which modification may expand
its scope to encompass additional businesses, activities or operations.
7. Any violation of this ordinance is subject to the general penalty provision in Section 10.99
of the City of Vermillion Municipal Code. Each day a violation of this ordinance is allowed
to occur is considered a separate offense.
BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-19-13, this ordinance is necessary for
the immediate preservation of the public peace, health, safety, and welfare of the City and shall
become effective immediately upon passage.
Dated at Vermillion, South Dakota this 30th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
John E. (Jack) Powell, Mayor
ATTEST:
BY______________________________
Michael D. Carlson, Finance Officer
First Reading: March 24, 2020
Second Reading: March 30, 2020
Effective Date: March 30, 2020
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