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City Council Agendas, Packets and Minutes

Regular Meeting

Vermillion, SD · June 22, 2020

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Minutes

Unapproved Minutes Council Special Session June 22, 2020 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was called to order on Monday, June 22, 2020 at 12:00 noon at the Council Chambers by Mayor Collier-Wise. 1. Roll Call Present: Jennewein (teleconference), Hellwege (teleconference), Holland (teleconference), Humphrey (teleconference), Sorensen (teleconference), Ward (teleconference), Willson (teleconference), Mayor Collier-Wise (teleconference) Absent: Price 2. Pledge of Allegiance 3. Adoption of Agenda 175-20 Alderman Sorensen moved approval of the agenda. Alderman Willson seconded the motion. A roll call vote of the Governing Body was as follows: Jennewein-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 4. Visitors to be Heard - None 5. Public Hearings A. Special daily malt beverage and wine license for the Vermillion Chamber of Commerce and Development Company on or about June 23 through June 27, June 29 through July 4, July 6 through July 11, July 13 through July 18, July 20 through July 25, July 27 through August 1, August 3 through August 8, August 10 through August 15, August 17 through August 22 and August 24 through August 29, 2020 on three sections of closed parking spaces on Main Street between Prospect Street and Center Street, one section of closed parking spaces on Court Street between Main Street and Kidder Street and one section of closed parking spaces on Kidder Street between Court Street and Market Street for special event. John Prescott, City Manager, reported that the Vermillion Chamber of Commerce and Development Company submitted an application for special daily license that was advertised for a public hearing for this meeting. 1 John stated the VCDC has requested to withdraw the application as the ordinance change to be considered later on the agenda will allow the individual license holders to apply for the special license. John noted that, as such, no action is needed. 6. Old Business A. Second reading of Emergency Ordinance No. 1415 to amend Title XI, Chapter 112, amending Section 112.01 Special Event Definitions and Section 112.18 to include current license holders as eligible to be issued a Special Daily permit John Prescott, City Manager, reported that first reading of this emergency ordinance was held on June 15th to amend the definition for special event and to include current license holders as being eligible to be issued a special license. John reported that this ordinance was developed in working with local businesses and the Vermillion Chamber of Commerce and Development Company on the Social Distance Expanded Seating Special Event. John stated that the emergency ordinance will allow for the issuance of special licenses to existing license holders to allow for sales in the closed parking spaces adjoining their business. John stated that, as this is an emergency ordinance, it will be effective for 60 days or from June 25th to August 24th. John noted that the resolution to set the fee for the special license, parking space closing and issuance of the special licenses are later on the agenda. John noted that the ordinance has been listed as an emergency ordinance due to the COVID pandemic to allow for sales to start with the event. Discussion followed. 176-20 Second reading of title to Emergency Ordinance No. 1415 entitled an Emergency Ordinance Amending sections 112.01 and 112.18 special events definitions and to expand special licensing to include special on-sale liquor licenses issued to current license holders for the City of Vermillion, South Dakota. Mayor Collier-Wise read the title to the above named Emergency Ordinance, and Alderman Hellwege moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Emergency Ordinance No. 1415 entitled an Emergency Ordinance Amending sections 112.01 and 112.18 special events definitions and to expand special licensing to include special on-sale liquor licenses issued to current license holders 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 15th day of June, 2020 and that the title was again read at this meeting, being a special called meeting of the Governing Body on this 22nd day of June, 2020 at 2 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: EMERGENCY ORDINANCE NO. 1415 AN EMERGENCY ORDINANCE TO ALLOW FOR CURRENT LICENSEES TO BE ISSUED SPECIAL DAILY LICENSES IN CONJUNCTION WITH A SPECIAL EVENT BY AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI, CHAPTER 112, TO AMEND SECTIONS 112.01 AND 112.18 FOR SPECIAL EVENT DEFINITIONS AND TO EXPAND SPECIAL LICENSING TO INCLUDE CURRENT LICENSE HOLDERS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, and it is hereby ordained by authority of the same, that Sections 112.01 and 112.18 be amended to clarify special event as set forth below: § 112.01 DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. ALCOHOLIC BEVERAGE, WINE, MALT BEVERAGE, and DISTILLED SPIRITS. These words and terms mean the same as the definitions given them by SDCL 35-1-1. SPECIAL EVENT. For the purposes of this section, “special event” shall be defined as follows: (1) a location for which premises do not have an existing malt beverage and/or wine license, (2) The event is (a)for the advancement of charitable, educational or community objectives, (b)in conjunction with activities of state, national or international significance, or (c) as designated by the City Council as an event of municipal significance. (3) The event is open to the public with, or without, payment of admission. A limitation on number of tickets sold or issued for admission where applicable must be related to size of venue and not a desire to have a private party, and (4) The event is conducted without the intention of commercial or personal gain or profit; § 112.18 SPECIAL ALCOHOLIC BEVERAGE LICENSES ISSUED IN CONJUNCTION WITH SPECIAL EVENTS. 3 (A) The City Council may grant, after public hearing, a special on-sale malt beverage and/or a special on-sale wine license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event. (B) The City Council may grant, after public hearing, a special off- sale package wine dealers license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event. A special off-sale package wine dealer licensee may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL Ch. 35- 12. (C) The City Council may grant a special on-sale malt beverage and/or a special on-sale wine license and/or a special on-sale liquor license to any licensee that corresponds to one or more license(s) currently issued to the licensee in conjunction with a special event pursuant to SDCL 35-4-124. (C)(D) Any license issued pursuant to this section shall be issued to the person and the location specified on the application. Any license issued pursuant to this section may be issued for a period of time established by the municipality. However, no period of time may exceed 15 consecutive days. The granting of the special license shall be subject to such conditions and restrictions as the City Council may deem appropriate and consistent with state law. (D)(E) The fee for such special licenses shall be set by resolution of the City Council. 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 on June 25, 2020. 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. Any restriction contained in this ordinance may be modified at any time by a resolution of the City Council. Dated at Vermillion, South Dakota this 22nd day of June, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY__________________________________ Michael Carlson, Finance Officer Adoption of the Emergency Ordinance was seconded by Alderman Holland. Thereafter, the question of the adoption of the Ordinance was put to a 4 roll call vote of the Governing Body, and the members voted as follows: Jennewein-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Motion carried 8 to 0. Mayor Collier-Wise declared that the Ordinance has been adopted and directed publication thereof as required by law. 7. New Business A. Emergency Resolution to establish a Special Event License fee for current license holders John Prescott, City Manager, reported that, with the adoption of Emergency Ordinance No. 1415 for a special event license that will last for two months, the license holders had requested that the daily fee be reduced from the $20 per day and $15 for the publication of the public hearing. John noted that, as all existing licenses are issued after a public hearing, a public hearing would not be required for the issuance of a special license to an existing business thus there would not be a need for the $15 advertising fee. John noted that most special licenses are for a few days for special events with the longest being the VCDC for the Thursday’s on the Platz event which has 8 days but this event is 56 days. John noted that the itinerant merchant license fee is $25 a day, $75 for a week and $200 a month. John noted that the City Council has the latitude to set the fee at their discretion and noted that, when the license holders met, it was suggested not to exceed $100.00. John noted that this is an emergency resolution that will be effective for 60 days and then expire. Discussion followed on the maximum fee for the special license noting that this was just for the 60-day period. Nate Welch, Executive Director of the VCDC, reported that the business owners will have the extra costs of the barricades as well as tables and chairs. Discussion followed. 177-20 After reading the same once, Alderman Hellwege moved adoption of the following: EMERGENCY RESOLUTION REVISING THE FEE FOR SPECIAL DAILY ON-SALE LICENSES WHEREAS Title XI Chapter 112 Section 112.18 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to change the fee for special alcoholic beverage licenses issued in conjunction with special events; and WHEREAS, an outbreak of the COVID-19 disease has created financial challenges for many businesses in the community; and 5 WHEREAS, a group of business owners have been working with the Vermillion Chamber of Commerce and Development Company to develop outdoor dining opportunities utilizing parking spaces and public right-of-way in Downtown Vermillion to provide additional space for social distancing and an environment which has a reduced risk of spreading COVID-19; and WHEREAS, Ordinance No. 1415 was adopted as an emergency ordinance to be effective for sixty (60) days; and WHEREAS, Emergency Ordinance 1415 provides for a special on-sale liquor license which will need a fee established; and WHEREAS, the special recovery event will have licenses extended over many days during the sixty-day emergency ordinance. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a special meeting thereof in the Council Chambers of City Hall at 12:00 Noon on the 22nd day of June, 2020 that rates be changed and established as follows: 112.18 A. Special on-sale malt beverage and/or special on-sale wine license the fee shall be twenty dollars ($20.00) per day (maximum of one hundred dollars $100.00) plus a fifteen dollar ($15.00) advertising fee. 112.18 B. Special off-sale package wine dealers license such license may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL 35-12 the fee shall be twenty dollars ($20.00) per day (maximum of one hundred dollars $100.00) plus a fifteen dollar ($15.00) advertising fee. 112.18 C. Special on-sale liquor license the fee shall be twenty dollars ($20.00) per day (maximum of one hundred dollars $100.00) plus a fifteen dollar ($15.00) advertising fee. Note: If the same entity is applying for licenses under both Sections 112.18 A, 112.18 B, or Section 112.18 C there shall only be one advertising fee and the advertising fee is waived if a public hearing is not required. BE IT FURTHER RESOLVED, that, pursuant to SDCL 9-19-13 this resolution is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective on June 25, 2020. This resolution 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. 6 Dated at Vermillion, South Dakota this 22nd day of June, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By: ____________________________ Kelsey Collier-Wise, Mayor Attest: By: ________________________________ Michael D. Carlson, Finance Officer The motion was seconded by Alderman Humphrey. Discussion followed and the question of the adoption of the Resolution was presented for a roll call vote of the Governing Body was as follows: Jennewein-Y, Hellwege- Y, Holland-Y, Humphrey-Y, Sorensen-did not vote, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. B. Request from downtown businesses to close parking spots located on Main St., Kidder St., and Court St. for the downtown Social Distance Expanded Seating Event beginning June 25th and ending August 24th. James Purdy, Assistant City Manager, reported that a request was received from downtown business owners to close parking spaces in conjunction with the Social Distance Expanded Seating special event. James reported that the location was for 5 spaces at Dakota Brick House from the west side of the building going east, R-Pizza and The Bean for 5 parking spaces from the east side of R-Pizza going west, Carey’s Bar and Café Brule for 6 spaces starting at the west most parking space in front of Café Brule going east, Old Lumber Company for 1 space to the west of the garage door on the south side of the building including the driveway public right of way and Hartford Steak Co for 3 spaces south of the alley. James noted that the businesses have identified the closure for the parking spaces as necessary to provide the outdoor spaces needed for social distancing. James noted that the barricades will need to meet the national safety standards. James noted the need for ADA compliance, trash control and clean up in these areas. James noted that the closing will be for a 60-day period to correspond with the emergency ordinance. Leslie Gerrish, with The Bean, wanted to thank the City Council for addressing this issue and allowing the local businesses to think outside the box. Leslie noted that the City and businesses are partnering for this special event, addressing the safety of residents by providing more space to social distance, the barricades will be approved by the City and that the businesses will do cleanup of the area. Leslie encouraged the City Council to support the closing of the parking spaces requested. 7 Discussion followed on the parking space seating areas regarding the barricades ability to prevent pedestrians from walking into the street and how to control underage in these areas. Nate Welch with the VCDC stated that the goal of the barricades is to have the access point from the sidewalk with the other three sides closed off. Discussion followed. 178-20 Alderman Holland moved approval of closing the parking spaces requested for the Social Distance Expanded Seating Special Event, as presented in the request, to expire with the emergency ordinance. Alderman Hellwege seconded the motion. Discussion followed. A roll call vote of the Governing Body was as follows: Jennewein-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Sorensen-N, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. C. Consideration of Special Event License permits for Prairie River, Inc. dba R-Pizza, Fireworks, Inc. dba as Dakota Brick House, D&D Foods, Inc. dba Hartford Steak Company Tavern, Old Lumber Company, Inc. dba Old Lumber Company, FOE Sunshine Aerie 2421 dba Eagle Club, Café Brule, Inc. dba Café Brule, BeBee St Inc. II dba Carey’s Bar. Special event permits are for the period of June 25, 2020 to August 24, 2020 with no sales on July 6, July 20, August 3, and August 17, 2020. Hours vary by applicant but are between 7:00 a.m. and 2:00 a.m. Mike Carlson, Finance Officer, reported that, with the adoption of Emergency Ordinance No. 1415, the establishment of a maximum fee of $100 and closing of the parking spaces, there are several downtown license holders that have expressed interest in obtaining a Special license for sales in the closed parking spaces. Mike stated that applications have been received from R-Pizza for 11:00 a.m. to 9:00 p.m. for on-sale malt beverage; Dakota Brick House for 3:00 p.m. to 2:00 a.m. for on-sale malt beverage, wine and liquor; Carey’s for 7:00 a.m. to 2:00 a.m. for on- sale malt beverage and liquor; Café Brule for 7:00 a.m. to 9:00 p.m. for on-sale malt beverage and wine; Eagles for 11:00 a.m. to 2:00 a.m. for on-sale liquor; Hartford Steak House for 4:30 p.m. to 9:30 p.m. for on- sale malt beverage and wine and Old Lumber Company for 11:00 a.m. to 2:00 a.m. for on-sale malt beverage and liquor. Mike noted that, as the closed parking spaces will adjoin the business by the sidewalk, the business will need to ensure that the sidewalk remains open for pedestrian crossing. Mike stated that the City Council can establish the hours for these special licenses noting that, as the ending time was different on a number of the requests, as the outside use might impact residences in the area. Mike noted that the request from the Eagles will be to use the concrete area in front of their building as no parking spaces were requested to be closed. Mike noted that the Eagles will need to keep five foot of the sidewalk open. Mike noted that all requests are for June 25th through August 24th and to not exceed the 15 consecutive 8 day limit on special licenses there will not be alcohol sales or consumption in the closed parking spaces on Monday, July 6, Monday, July 20, Monday, August 3 and Monday, August 17, 2020. Mike noted that they could still offer food sales or allow gathering in these areas on the four Mondays when no alcohol sales or consumption can take place in the outside seating areas. Mike noted that, for special licenses in the past, the City Council has requested plans to control underage access to alcohol, signage that clearly states where alcohol can be consumed, cleanup of the area and other related matters. Mike noted that form was developed to support the special event application and copies have been included in the packet. Mike stated that all businesses have completed the release and indemnification form to release the City from any liability for the special event and will need the certificate of insurance naming the City as additional insured. Mike noted that none of the fees have been collected as it was just established earlier in the meeting. Mike recommended that the City Council review the respective Special Daily requests, consider the ending hours of alcohol sales/consumption, establish barriers to define the designated areas, control measures to keep the sidewalks open for pedestrian flow, document how the joint spaces are to be divided between two licensees, signage and other control measures to prevent alcoholic beverages from leaving the designated area and to prevent under age access to alcoholic beverages. Discussion followed on the ending time for alcoholic beverage sales in the area. Nate Welch with the VCDC noted that maybe ending at midnight might be acceptable but cautioned the City Council that there is a lot of noise on the street as he knows firsthand from living downtown for a period. Discussion followed on the time as well as to who would monitor these areas. 179-20 Alderman Willson moved approval of the special events licenses for R- Pizza, Dakota Brick House, Carey’s, Café Brule, Hartford Steak House and Old Lumber Company for the licenses currently issued by the City for the closed parking spaces adjoining their licensed premises that are property enclosed and the Eagles for their seating area for the licensing period of June 25th through August 24th excluding Monday, July 6, Monday, July 20, Monday, August 3 and Monday, August 17, 2020 and with daily operations in the closed parking spaces ending at midnight each day per the applications. Alderman Ward seconded the motion. Discussion followed. A roll call vote of the Governing Body was as follows: Jennewein-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. D. Appointment of Vermillion Housing Authority member Mayor Collier-Wise reported that there will be one opening on the Vermillion Housing Authority Board at the end of June. Mayor Collier- 9 Wise reported that the Board is comprised of five citizens appointed by the City Council each serving a five-year term. Mayor Collier-Wise reported that the current Board Member Joan Holter has submitted the expression of Interest form and Mayor Collier-Wise recommended the reappointment. 180-20 Alderman Ward moved approval of the reappointment of Joan Holter to the Vermillion Housing Authority Board for a term expiring in 2025. Alderman Sorensen seconded the motion. A roll call vote of the Governing Body was as follows: Jennewein-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. 8. Adjourn 181-20 Alderman Willson moved to adjourn the Council Meeting at 1:03 p.m. Alderman Ward seconded the motion. A roll call vote of the Governing Body was as follows: Jennewein-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Collier-Wise-Y. Mayor Collier-Wise declared the motion adopted. Dated at Vermillion, South Dakota this 22nd day of June, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST:___________________________________ Michael D. Carlson, Finance Officer Published once at the approximate cost of ___________. 10

Agenda

City of Vermillion Council Agenda 12:00 p.m. (Noon) Special Meeting Monday, June 22, 2020 City Council Chambers 25 Center Street Vermillion, South Dakota 57069 1. Roll Call 2. Pledge of Allegiance 3. Adoption of the Agenda 4. Visitors to be Heard 5. Public Hearings a. Special daily malt beverage and wine license for the Vermillion Chamber of Commerce and Development Company on or about June 23 through June 27, June 29 through July 4, July 6 through July 11, July 13 through July 18, July 20 through July 25, July 27 through August 1, August 3 through August 8, August 10 through August 15, August 17 through August 22 and August 24 through August 29, 2020 on three sections of closed parking spaces on Main Street between Prospect Street and Center Street, one section of closed parking spaces on Court Street between Main Street and Kidder Street and one section of closed parking spaces on Kidder Street between Court Street and Market Street for special event. 6. Old Business a. Second reading of Emergency Ordinance 1415 to amend Title XI, Chapter 112, amending Section 112.01 Special Event Definitions and Section 112.18 to include current license holders as eligible to be issued a Special Daily permit. 7. New Business a. Emergency Resolution to establish a Special Event License fee for current license holders. b. Request from downtown businesses to close parking spots located on Main St., Kidder St., and Court St. for the downtown Social Distance Expanded Seating Event beginning June 25 and ending August 24. c. Consideration of Special Event License permits for Prairie River, Inc. dba R-Pizza, Fireworks, Inc. dba as Dakota Brick House, T&D Foods, Inc. dba Hartford Steak Company Tavern, Old Lumber Company, Inc. dba Old Lumber Company, FOE Sunshine Aerie 2421 dba Eagle Club, Café Brule, Inc. dba Café Brule, BeBee St Inc. II dba Carey’s Bar. Special event permits are for the period of June 25, 2020 to August 24, 2020 with no sales on July 6, July 20, August 3, and August 17, 2020. Hours vary by applicant but are between 7am and 2am. d. Appointment of Vermillion Housing Authority member. 8. 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. Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available. Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first and third Monday of each month at Noon. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3 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. 5. Public Hearings; item a Council Agenda Memo From: John Prescott, City Manager Meeting: June 22, 2020 Subject: Special daily malt beverage and wine license for the Vermillion Chamber of Commerce and Development Company (VCDC) on or about June 23 through June 27, June 29 through July 4, July 6 through July 11, July 13 through July 18, July 20 through July 25, July 27 through August 1, August 3 through August 8, August 10 through August 15, August 17 through August 22, and August 24 through August 29, 2020 on three sections of closed parking spaces on Main Street between Prospect Street and Center Street, one section of closed parking spaces on Court Street between Main Street and Kidder Street and one section of closed parking spaces on Kidder Street between Court Street and Market Street for special events Presenter: John Prescott Background: The VCDC submitted the request and the public hearing was advertised. The applicant has since withdrawn their request. Discussion: The proposal has changed from having the VCDC apply for the special daily permit for expanded seating areas due to social distancing practices to having current license holders apply for the special daily permits. Financial Consideration: The cost of the newspaper ad for the hearing was paid for when the documents were filed to request the hearing. Conclusion/Recommendations: No action is needed. The minutes will reflect that the applicant withdrew their request for a special daily permit. 6. Old Business; item a Council Agenda Memo From: Mike Carlson, Finance Officer Meeting: June 22, 2020 Subject: Second Reading of Emergency Ordinance 1415 to amend the special event definition and expand special licensing to current license holders Presenter: John Prescott Background: State statutes governing special daily licenses were changed in 2010 to allow on-sale wine, on-sale liquor, off-sale package wine dealers selling wine manufactured by SD Farm wineries, special off-sale package malt beverage, and that the special licenses could be issued to current license holders. In 2010, the City Council’s Policies and Procedures Committee studied the license change options. The Committee recommended and the City Council adopted an ordinance that modified the definition of a special event and provided for the issuance of special on-sale malt beverage, special on-sale wine, and a special off-sale package wine dealers license for wine manufactured by a farm winery (Valiant Vineyards is a farm winery) licenses. At that time the Committee and City Council discussed, but did not change the ordinance, to allow a special on-sale liquor license or allow issuance of a special license of any type to current license holders. Special licenses were limited to civic, charitable, educational, veteran, or fraternal organizations in conjunction with a special event. Business owners, the Vermillion Area Chamber and Development Company (VCDC), and City staff have had a number of conversations about providing additional areas that provide for social distancing as well as outdoor space. Some towns have added outdoor space by using parking lots, sidewalks, and streets as extensions of bars and restaurants. The City Council approved first reading of Emergency Ordinance 1415 at the June 15, 2020 meeting. Discussion: City staff reviewed the state statutes and city ordinances on special daily licenses and special events licenses. A meeting was held on June 5 with Leslie Gerrish, Nate Welch, Josh (Dakota Brick House) and city staff to look at the options of using some parking spaces along Main Street for outside seating for downtown businesses. At the meeting it was discussed how to allow on-sale alcohol noting the need for an ordinance change as it currently allows on-sale malt beverage, on-sale wine, and off-sale package SD Farm wine. There was also discussion that the ordinance would need to be changed to allow current license holders to be issued a special license. The other option was to have the 6. Old Business; item a VCDC apply for a special malt beverage and wine license as the existing ordinance allows civic, charitable, educational, veterans, or fraternal organizations. If the VCDC was issued the license, they could allow local license holders to operate in the closed parking spaces and subcontract the management of the malt beverage and wine sales from the VCDC. As noted with the earlier agenda item, this option was initially pursued but later abandoned. At the June 5 meeting, it was proposed that there would be three locations on the block of Main Street from Court Street to Market Street. At the end of the meeting there were still issues that were going to need to be addressed such as the hours alcohol sales were to be allowed, who supplies tables and chairs, clean up in the closed parking spaces, clean up where the street sweeper cannot get to outside the closed parking stalls, who supplies and pays for the traffic barrier (staff has identified a company that rents jersey barriers that can be filled with water to create a proper barrier), any conflicts with the Thursday’s on the Platz special license, etc. In Nate’s meetings with the restaurant and bar owners the week of June 8, the areas were expanded from the three on Main Street to include a spot in front of the Hartford Steak House on Court Street and another on Kidder Street along the south side of the Old Lumber Company. In Nate’s meetings, the license holders wanted the ability for customers to purchase inside the business and then go outside as well as to allow for on-sale liquor sales. For a patron to be able to purchase in the business and then walk outside to the parking area the licenses would need to be in the same name. There is also a statute that only allows a license to sell on the property that is owned or leased by the licensee but there is an exception if the licensee is issued a special license. The VCDC held a meeting Thursday, June 11 to review the different options with the business owners including city staff. The consensus of the group was to request the City Council to amend the ordinance to allow current license holders to apply for a special license for the sale of alcoholic beverages that corresponds to the license(s) that they are currently issued. The changes would need be done through an emergency ordinance in order to continue working with the group on a recommendation for a beginning and ending time for alcoholic beverage sales, the type of barricades that will be used (need to meet the DOT safety requirements), a recommendation as to uniform days to allow alcohol sales that are less than the 15 consecutive days that state statute specifies as the maximum number of days a special permit can be issued, clean up as the street sweeper cannot access the areas, and how many parking spaces will be closed to have a report at second reading. There was also discussion on the current $20 per day license fee. The fee is the topic of item 7a - New Business on this agenda. The state statutes are as follows: 6. Old Business; item a 35-1-5.6. Consumption of alcoholic beverages on on-sale premises from which beverage not purchased as misdemeanor--Exceptions. It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by a licensed carrier. A person may consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license pursuant to § 35-4-124 for a special event occurring on the premises of the licensed on-sale dealer. 35-2-6.3. Ownership or lease of premises required of licensees--Ownership of business. Any manufacturer, wholesaler, or retailer licensee under this title shall be the owner or actual lessee of the premises where the business is conducted and the sole owner of the business operated under the license. However, this section does not apply to a special event licensee issued a temporary license pursuant to § 35-4-124. Based upon the June 11 meeting, the business group wanted to make changes that would be effective by the end of June. If Emergency Ordinance 1415 is approved with second reading, the changes can be made effective sooner but then will also expire in 60 days. The emergency ordinance would make two changes. The first change is to amend the definition of “Special Event” to remove section 112.01 (4) “The event is conducted without the intention of commercial or personal gain or profit”. The second change is to section 112.18(C) to provide that current license holders could be issued special licenses that correspond to the license(s) they are currently issued to include on-sale liquor. The special license(s) for current license holders can be issued without a public hearing as a public hearing was held when the business was issued their existing license(s). This special license issued to a business adjoining the closed parking spaces would allow for alcoholic beverages to be purchased in the business and taken outside. The license holder is still responsible to make sure the patron doesn’t leave the designated area and will need to keep the sidewalks open for pedestrian traffic. Later on this agenda are the individual special permit applications from the license holders interested in using the parking stalls for extended space during the life of Emergency Ordinance 1415 if it is adopted at second reading. The emergency ordinance provides that it can be modified at any time by a resolution. This provides the City Council the ability to make changes, as needed, through adoption of a resolution versus the lengthier process of adopting a modifying ordinance. Financial Consideration: The cost of publication of the ordinance. 6. Old Business; item a Conclusion/Recommendations: Administration recommends that the City Council thoughtfully review the second reading of proposed Ordinance 1415 to assist local business with additional space for customers to practice social distancing to help prevent the spread of COVID-19. EMERGENCY ORDINANCE NO. 1415 AN EMERGENCY ORDINANCE TO ALLOW FOR CURRENT LICENSEES TO BE ISSUED SPECIAL DAILY LICENSES IN CONJUNCTION WITH A SPECIAL EVENT BY AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI, CHAPTER 112, TO AMEND SECTIONS 112.01 AND 112.18 FOR SPECIAL EVENT DEFINITIONS AND TO EXPAND SPECIAL LICENSING TO INCLUDE CURRENT LICENSE HOLDERS. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, and it is hereby ordained by authority of the same, that Sections 112.01 and 112.18 be amended to clarify special event as set forth below: § 112.01 DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. ALCOHOLIC BEVERAGE, WINE, MALT BEVERAGE, and DISTILLED SPIRITS. These words and terms mean the same as the definitions given them by SDCL 35-1-1. SPECIAL EVENT. For the purposes of this section, “special event” shall be defined as follows: (1) a location for which premises do not have an existing malt beverage and/or wine license, (2) The event is (a) for the advancement of charitable, educational or community objectives, (b) in conjunction with activities of state, national or international significance, or (c) as designated by the City Council as an event of municipal significance. (3) The event is open to the public with, or without, payment of admission. A limitation on number of tickets sold or issued for admission where applicable must be related to size of venue and not a desire to have a private party, and (4) The event is conducted without the intention of commercial or personal gain or profit; § 112.18 SPECIAL ALCOHOLIC BEVERAGE LICENSES ISSUED IN CONJUNCTION WITH SPECIAL EVENTS. (A) The City Council may grant, after public hearing, a special on-sale malt beverage and/or a special on-sale wine license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event. (B) The City Council may grant, after public hearing, a special off-sale package wine dealers license to a civic, charitable, educational, veterans, or fraternal organization in conjunction with a special event. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL Ch. 35-12. (C) The City Council may grant a special on-sale malt beverage and/or a special on-sale wine license and/or a special on-sale liquor license to any licensee that corresponds to one or 1 more license(s) currently issued to the licensee in conjunction with a special event pursuant to SDCL 35-4-124. (C)(D) Any license issued pursuant to this section shall be issued to the person and the location specified on the application. Any license issued pursuant to this section may be issued for a period of time established by the municipality. However, no period of time may exceed 15 consecutive days. The granting of the special license shall be subject to such conditions and restrictions as the City Council may deem appropriate and consistent with state law. (D)(E) The fee for such special licenses shall be set by resolution of the City Council. 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 on June 25, 2020. 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. Any restriction contained in this ordinance may be modified at any time by a resolution of the City Council. Dated at Vermillion, South Dakota this 22nd day of June, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Kelsey Collier-Wise, Mayor ATTEST: BY__________________________________ Michael Carlson, Finance Officer First Reading: June 15, 2020 Second Reading: June 22, 2020 Publish: June 26, 2020 Effective: June 25, 2020 2 7. New Business; item a Council Agenda Memo From: John Prescott, City Manager Meeting: June 22, 2020 Subject: Resolution adopting a fee for current license holders issued a special daily permit as part of Emergency Ordinance 1415 Presenter: John Prescott Background: If Emergency Ordinance 1415 is adopted, some of the license holders have proposed that the fee for the special daily license be reduced. The current cost of a special daily license is a $15 advertising fee and a $20 fee per day of operation. Discussion: As the license holders have an annual public hearing on the renewal of their licenses, they are not required to have a public hearing for the issuance of a special daily permit. This negates the need for the $15 advertising fee. As noted above the fee for current special daily permit is $20 per day. This fee has been for non-profits setting up for temporary events. The current license holders are looking to set up for extended periods of time up to nearly 60 days. It has been suggested that a longer term or group pricing option be made available. There is some precedent for this type of setup. With itinerant merchants, the City offers three levels of pricing. The options are $25 a day, $75 a week or $200 a month. If adopted earlier on this agenda, Emergency Ordinance 1415 would be in effect for 60 days. The proposed resolution establishes a fee for the current license holders for the life of Ordinance 1415. Financial Consideration: Revenue collected from Special Daily permits is added to the General Fund. Conclusion/Recommendations: Administration recommends approval of the Resolution adopting a fee for the issuance of a Special Daily permit to license holders as part of Emergency Ordinance 1415. EMERGENCY RESOLUTION REVISING THE FEE FOR SPECIAL DAILY ON-SALE LICENSES WHEREAS Title XI Chapter 112 Section 112.18 of the 2008 Revised Ordinances of the City of Vermillion allows the City Council to change the fee for special alcoholic beverage licenses issued in conjunction with special events; and WHEREAS, an outbreak of the COVID-19 disease has created financial challenges for many businesses in the community; and WHEREAS, a group of business owners have been working with the Vermillion Chamber of Commerce and Development Company to develop outdoor dining opportunities utilizing parking spaces and public right-of-way in Downtown Vermillion to provide additional space for social distancing and an environment which has a reduced risk of spreading COVID-19; and WHEREAS, Ordinance No. 1415 was adopted as an emergency ordinance to be effective for sixty (60) days; and WHEREAS, Emergency Ordinance 1415 provides for a special on-sale liquor license which will need a fee established; and WHEREAS, the special recovery event will have licenses extended over many days during the sixty-day emergency ordinance. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Vermillion, South Dakota, at a special meeting thereof in the Council Chambers of City Hall at 12:00 Noon on the 22nd day of June, 2020 that rates be changed and established as follows: 112.18 A. Special on-sale malt beverage and/or special on-sale wine license the fee shall be twenty dollars ($20.00) per day (maximum of one hundred dollars $100.00) plus a fifteen dollar ($15.00) advertising fee. 112.18 B. Special off-sale package wine dealers license such license may only sell wine manufactured by a farm winery that is licensed pursuant to SDCL 35-12 the fee shall be twenty dollars ($20.00) per day (maximum of one hundred dollars $100.00) plus a fifteen dollar ($15.00) advertising fee. 112.18 C. Special on-sale liquor license the fee shall be twenty dollars ($20.00) per day (maximum of one hundred dollars $100.00) plus a fifteen dollar ($15.00) advertising fee. Note: If the same entity is applying for licenses under both Sections 112.18 A, 112.18 B, or or Section 112.18 C there shall only be one advertising fee and the advertising fee is waived if a public hearing is not required. BE IT FURTHER RESOLVED, that, pursuant to SDCL 9-19-13 this resolution is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective on June 25, 2020. This resolution 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. Dated at Vermillion, South Dakota this 22nd day of June, 2020. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA By: _________________________________ Kelsey Collier-Wise, Mayor Attest: By: ________________________________ Michael D. Carlson, Finance Officer Adopted: June 22, 2020 Effective: June 25, 2020 Expires: August 24, 2020 7. New Business; item b Council Agenda Memo From: James Purdy, Assistant City Manager Meeting: June 22, 2020 Subject: Request from downtown businesses to close parking spots located on Main St., Kidder St., and Court St. for the downtown Social Distance Expanded Seating Event beginning June 25 and ending August 24 Presenter: James Purdy Background: City staff has received a request from several downtown businesses to close 20 parking spots in the downtown business district beginning June 25 and ending August 24, 2020. The parking stalls are located on Main Street, Kidder Street, and Court Street. The closure request is in order to provide the space needed for the Social Distance Expanded Seating Event necessitated by the COVID-19 pandemic and the resulting economic hardship shared by many in the community. The following businesses have submitted requests: 1) Dakota Brickhouse has requested the closure of 5 spots starting at the west end of the building and moving east. 2) R-Pizza and The Bean have requested the closure of 5 spots starting at the eastern most parking spot in front of R-Pizza and moving west (2 of those spots are located in front of the theatre). 3) Carey’s Bar and Café Brule have requested the closure of 6 sports starting at the western most parking spot in front of Tigert Art Gallery and moving east. 4) Old Lumber Company has requested the closure of 1 parking spot to the west of their garage door on the south side of their building. (it is technically only 1 parking spot, but the area in public right-of-way is approximately 34 feet wide) 5) Hartford Steak Co. Tavern has requested the closure of 3 parking sports to the south of the alley immediately north of their building. Discussion: The businesses have identified the closure of the parking spots as necessary to provide the outdoor space needed for the event. The City will require a barrier and fencing plan from the businesses in order to ensure the safety of patrons utilizing the public right-of-way for dining or drinking from the street traffic, and to prevent alcohol 7. New Business; item b from leaving the designated area. One area shared by two businesses may also be divided into two separate areas due to there being two different license holders. The businesses will be required to provide trash receptacles, furniture, ADA access points, and restroom access. The businesses will also need to clean the areas, as the street sweeper will not be able to access these areas. At this time, no plan has been provided to the City regarding these items. City staff has some additional questions regarding this request such as: will food from other downtown establishments be allowed in all of the closed areas, and whether or not smoking will be allowed. The Police, Fire, Street, and EMS Departments have been notified of the closure request and have found no safety concerns as long as the barriers meet MUTCD, FHWA, and AASHTO standards. Financial Consideration: None. Conclusion/Recommendations: Administration recommends that the City Council thoughtfully review information related to the closures of parking spots and determine if the parking spots located on Main St., Kidder St., and Court St. can safely be closed and should be closed for the downtown Social Distance Expanded Seating Event beginning June 25 and ending August 24, 2020. 7. New Business; item c Council Agenda Memo From: John Prescott, City Manager Meeting: June 22, 2020 Subject: Special Daily permits for Presenter: Mike Carlson, Finance Officer Background: If Emergency Ordinance 1415 is adopted, several of the license holders in the downtown area have expressed interest in obtaining a Special Daily license for sales on the streets in downtown. Below is a summary of the permits applications submitted along with information about the types of licenses requested and hours of operation for the various establishments. The more detailed application submitted by each of these establishments is included in the packet. Proposed hours Applicant Business address of Operation Type of license requested R-Pizza 2 W Main St 11am to 9pm on-sale malt beverage Dakota Brick House 15 W Main St 3pm to 2am on-sale malt beverage, wine & liquor Carey’s 18 W. Main St 7am to 2am on-sale malt beverage, wine & liquor Café Brule 24 W. Main St 7am to 9pm on-sale malt beverage and wine Eagles 114 W Main St 11am to 2am on-sale malt beverage, wine & liquor Hartford Steak House 7 Court St 4:30 to 9:30pm on-sale malt beverage and wine Old Lumber Company 15 Court St 11am to 2am on-sale malt beverage, wine & liquor Discussion: Included in the packet is a street closing request which indicates the parking spaces and the public right-of-way to be closed. The closure of the public right-of-way is needed to facilitate the event. If a street closure area is not approved, one or more special daily license applications may not be needed. A defined area will need to be presented to the City and established with barriers to comply with state statutes. Only one special daily license can be issued for an area. The map presented by the applicant did not include all of the locations or demonstrate how multiple license holders such as Café Brule and Carey’s would split the joined space in front of their establishments. In the last meeting city staff had with the license holders interested in exploring this option, the need for a path from the front door of the establishment to the service area was identified. This space would be for the transport of alcohol to and from the establishment to the closed parking stalls. The path would be crossing over the sidewalk. The sidewalk would not be closed and use of the sidewalk would have priority over the path going between the establishment and the closed parking stalls. This path should not 7. New Business; item c be a consumption area and appropriate signage and perhaps marking of the path is an item for the City Council to consider. Reference to the path as a part of any special daily permits which are approved is recommended. State law allows the sale of alcohol between 7:00 am and 2:00 am all seven days of the week. The hours of operation among the seven applicants vary. Some of the difference is likely related to the nature of the business making the request. Ribs, Rods, Rock ‘N Roll is the only other regularly requested special daily permit which goes later in the evening in the downtown area. Their musical acts have ended at midnight in recent years based on the permits granted to exceed noise permits. Any impact on neighboring residential properties of outdoor gathering areas serving alcohol for the majority of a two-month period may be a factor to consider in granting permits and setting hours of operation. The Eagles have requested a special daily permit but are not involved with the street closing request. They will only be using the cement areas in front of their building. If approved, the Eagles special daily permit will be very similar to the sidewalk furniture zone with a couple of differences. The Eagles will not be able to sell alcohol on the respective Mondays listed and only have the opportunity through the life of the Emergency Ordinance 1415. Selling of alcohol in the sidewalk furniture use zone does not have the 15 consecutive sale limitation and can extend beyond 60 days but does require a fence to separate the area from the sidewalk. The Eagles will need to maintain 5 foot of sidewalk for the public to utilize. In speaking with the Gretchen Richardson of the Eagles, she indicated that they would be using the raised cement areas on either side of the front doors for the tables. They will set up barriers to separate the designated special daily permit area from the sidewalk. The special daily license requests are all for Thursday, June 25, 2020 through Monday, August 24, 2020. As State statute does not allow for the issuance of a special daily license for a period of greater than 15 days, the group has identified Monday, July 6, Monday, July 20, Monday, August 3 and Monday, August 17, 2020 as days when sales of alcoholic beverages will not take place. Taking these days off from alcohol sales will prevent the license holders from exceeding 15 consecutive days. They could still offer food sales or allow gathering in these areas on the four Mondays when no alcohol sales can take place in the outside seating areas. Typically, with the issuance of special daily license, the City Council addresses items such as the plans for preventing the sale of alcohol to underage individuals, signage clearly stating where alcohol can be consumed or no alcohol beyond this point, clean-up of the area, trashcans available, availability of restroom facilities, and related matters. This information has been provided in differing amounts among the applicants and may be something to inquire of from the applicants. Staff developed the attached Support for Special Event Alcoholic Beverage application to try to gather a lot of this information for 7. New Business; item c the City Council to consider. All entities have provided a release and indemnification form releasing the city from any liability for the special event. Financial Consideration: None of the applicants have paid the fee at this time as the second reading of the ordinance change has not taken place and establishment of a fee is part of this agenda. Revenue collected from Special Daily permits is added to the General Fund. Conclusion/Recommendations: Administration recommends the City Council review the respective Special Daily requests, hours of operation, and nature of the closure. If the special licenses are approved it should be contingent upon providing a certificate of liability insurance naming the city as additional insured, establishing barriers to define the designated areas, control measures to keep the sidewalks open for pedestrian flow, document how the joint spaces are to be divided between two licensees, signage and other control measures to prevent alcoholic beverages from leaving the designated area and to prevent under age access to alcoholic beverages. 7. New Business; item d Council Agenda Memo From: John Prescott, City Manager Meeting: June 22, 2020 Subject: Vermillion Housing Authority Board Appointment Presenter: Kelsey Collier-Wise, Mayor Background: By State Statute the City Council is charged with appointing members of the Vermillion Housing Authority. 11-7-12. Appointment and terms of commissioners--Vacancies. The commissioners constituting a commission shall be appointed by the mayor or the chairman of the board of county commissioners, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively. Thereafter all commissioners shall be appointed for five-year terms. Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made. The Housing Authority Board is comprised of five citizens appointed by the City Council. The terms are for five years and expire in June. Discussion: The current members of the Vermillion Housing Authority and term expiration year are: Joan Holter (2020), Maria Trowbridge (2021), Craig Develder (2022), Elizabeth Abbott (2023), and Cindy Benzel (2024). The expiring Board term was advertised on the City’s website, social media accounts, and mentioned as part of the City Manager’s report from the City Council meetings. Current Board member Joan Holter was the only person to complete an Expression of Interest form for the Vermillion Housing Authority. Financial Consideration: The City of Vermillion and the Housing Authority do not compensate Housing Authority Board members for their service. The 2020 City budget does include $8,500 to help the Housing Authority Board with administrative costs such as their annual audit. Conclusion/Recommendations: Administration recommends the City Council make an appointment to fill the Vermillion Housing Authority Board term expiring in 2025.

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