2. Educational Item - Human Relations Commission Ordinance Discussion Addison McCauley.

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1 Special Meeting Agenda City Council 12:00 p.m. (noon) Special Meeting Monday, May 21, 2018 Large Conference Room City Hall 25 Center Street Vermillion, South Dakota Roll Call 2. Educational Item - Human Relations Commission Ordinance Discussion Addison McCauley. 3. Educational Item - Historic Preservation Ordinance Discussion Jake Losinski. 4. Educational Item - Amending the Definition of a Truck - Dan Voss. 5. Briefing on the May 21, 2018 City Council Regular Meeting Briefings are intended to be informational only and no deliberation or decision will occur on this item. 6. Adjourn Access the City Council Agenda on the web Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please state your name and address. Presentations are limited to 5 minutes. For those who do not appear on the agenda, no decision is to be expected at this time. Meeting Assistance: If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City Manager s Office at at least 3 working days prior to the meeting. 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. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3. As a courtesy to others, we ask that cellular phones and pagers be turned off during the meeting.

2 City of Vermillion Council Agenda 7:00 p.m. Regular Meeting Monday, May 21, 2018 City Council Chambers 25 Center Street Vermillion, South Dakota Roll Call 2. Pledge of Allegiance 3. Minutes a. May 7, 2018 Regular Meeting; May 7, 2018 Special Meeting. 4. Adoption of the Agenda 5. Visitors to be Heard 6. Public Hearings a. Annual malt beverage license renewals. b. Retail on off sale malt beverage license including site transfer for Old Lumber Company, Inc for Old Lumber Company Grill and Bar at 11 and 15 Court Street and site transfer of retail on sale liquor license to include 11 Court Street. c. Special daily malt beverage and wine license for the South Dakota Shakespeare Festival on or about June 7 to 10, 2018 at the Prentis Park band shell. d. Special permit to exceed permissible sound levels by no more than 50% for the South Dakota Shakespeare Festival on June 4-10, 2018 from 6:00 p.m. to 10:30 p.m. and June 10, 2018 from 3:30 p.m. to 6:30 p.m. at the Prentis Park band shell amphitheater for Shakespeare Festival performances. e. First Reading of Ordinance 1375 to Rezone the N 56 of E 95.5 of Lot 2, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from R-4 Residential District to R-3 Residential District and all of Lots 1 and 3, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (Also known as 800 Jefferson and 816 Jefferson). 7. Old Business a. Second Reading of Ordinance 1373 to Rezone Lots 1, 2, 7, & 8, Block 2, Replat of Sammelson s 2 nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 519 Adams Street and 520 Prentis Street). b. Second Reading of Ordinance 1369 to Repeal Sections Rural Plats Outside of JJZA, Conceptual Plans Rural, , Preliminary Plans Rural, Final Plans Rural, Design Standards Land Design Rural, Design Standards Streets Rural, Design Standards Water Facilities Rural, Design Standards Sanitary Sewer Facilities Rural, Design Standards Sump Pumps Rural, General Provisions and Assurances Rural, Enforcement Rural Due to Adoption of Clay County Ordinance Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections through , by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection.

3 8. New Business a. Business Improvement District No. 1 appointment. b. Business Improvement District No. 2 appointments. c. Request to close East Main Street from Plum Street to Walker Street from June 7, 8 and 9 from 7:00 p.m. to 10:00 p.m. and Sunday, June 10, 2018 from 4:00 p.m. to 7:00 p.m. and removal of parking on E. Main Street from Plum Street to Walker Street for South Dakota Shakespeare Festival Event. d. Request to utilize Bed, Board and Booze vs. Second Penny funds for a portion of Vermillion Now 2! pledge. e. Declare an Onan Generator Surplus. f. Declaring 5 MSA Airpacks Surplus. 9. Bid Openings 10. City Manager s Report 11. Invoices Payable 12. Consensus Agenda a. Set a public hearing date of June 4, 2018 for a retail on-off sale malt beverage license and a retail on-off sale wine license for Circle 13, LLC for Westside Inn at 1313 West Cherry Street. 13. Adjourn Access the City Council Agenda on the web 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 If you desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 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. Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3

4 Unapproved Minutes Council Special Session May 7, 2018 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, May 7, 2018 at 12:00 noon at the City Hall large conference room. 1. Roll Call Present: Humphrey, Price, Sorensen, Ward, Mayor Powell Absent: Collier-Wise, Erickson, Holland, Meins 2. Drinking Water Certificate of Achievement Awards Mayor Powell Mayor Powell reported that the SD DENR has recognized the City Water Department for 17 years of supplying safe drinking water to the citizens. John Prescott, City Manager, presented the DENR Secretary s Award to the Water Department employees present and thanked them for the service to provide safe drinking water to the citizens. 3. Educational Item Paramedic coverage Fire/EMS Chief Matt Callahan Matt Callahan, Fire/EMS Chief, reported that a presentation was made to the City Council in 2016 with options on moving to a paramedic ambulance service. Matt stated at that time it was decided to use part time paramedics vs. full time paramedics due to cost. Matt stated that the department has been trying to hire part time paramedics since June 2017 with only four applications received with none making it to an interview. Matt stated that he would like to hire 3 full time fire fighter/paramedics to provide 24/7 paramedic service. Matt stated that these individuals would also provide daily readiness of all vehicles and equipment as well as mentor/teacher to new EMT s. Matt stated that the 2018 budget has the funding for six months of full time paramedic wages and fringe benefits. Matt stated that for 2019 there would need to be about $80,000 of additional funding to cover the wages and benefits. Matt noted that with a paramedic service there will be additional revenue to offset some of this increase. Matt Callahan and Aaron McDowell answered questions of the City Council on the Fire/EMS service. The consensus of the City Council was to move forward with the full time paramedics. 4. Informational Item Clay County Commission space needs assessment John Prescott 1

5 John Prescott, City Manager, reported that the City Council participated in the Clay County space needs assessment of the Courthouse including the Public Safety Center. John stated that Clay County is now moving onto the next phase of the process and is asking if the City would want to continue to participate in this phase that has a cost of $30,000. John noted that the Police Department and half of the Communications Center was 17% of the total square footage of the scope of the study. John reported that Clay County Commission Chairman Mockler contacted him to see if the City would want to continue to participate. John stated that the space needs study was funded from the second penny sales tax and if the City Council wanted to continue to participate would recommend the same funding source. Discussion followed. The consensus was to participate in this next phase at 17% from the second penny sales tax fund. 5. Informational Item Bed and Breakfast code language Dan Voss John Prescott, City Manager, introduced Dan Voss, who started his internship with the city last week, to review our current bed and breakfast ordinance language as it applies to the state requirements and other cities. Dan Voss, Administrative Intern, reported that the state administrative rule for bed and breakfast limit was at most five rental units for up to an average of ten guests per night and in which family style meals are provided. Dan stated that our city ordinance limit was not more than four rental units without a limit on number of guests but limited the stay to no more than 14 days during a 120 day period. Dan reviewed other cities that limit the number of rooms or the number of guests. Discussion followed with Dan and John Prescott answering questions. The consensus was to bring back an ordinance that followed the state requirement at not more than 5 rooms and up to an average of ten guests. John stated that a draft ordinance would be brought back to the City Council for consideration. 6. Briefing on the May 7, 2018 City Council Regular Meeting Council reviewed items on the agenda with City staff. No action was taken. 7. Adjourn Alderman Ward moved to adjourn the Council special session at 12:59 p.m. Alderman Sorensen seconded the motion. Motion carried 5 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of May,

6 ATTEST: BY Michael D. Carlson, Finance Officer THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY John E. (Jack) Powell, Mayor Unapproved Minutes City Council Regular Session May 7, 2018 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on Monday, May 7, 2018 at 7:00 p.m. by Mayor Powell. 1. Roll Call Present: Collier-Wise, Erickson, Humphrey, Meins, Price, Sorensen, Ward, Mayor Powell Absent: Holland 2. Pledge of Allegiance 3. Minutes A. Minutes of April 16, 2018 Regular Meeting; April 16, 2018 Special Session Alderman Collier-Wise moved approval of the April 16, 2018 Regular Meeting and April 16, 2018 Special Session minutes. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 4. Adoption of Agenda Alderman Collier-Wise moved approval of the agenda. Alderman Humphrey seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 3

7 5. Visitors to be Heard A. Older Americans Month Proclamation Alderman Sorensen read the proclamation designating the month of May as Older Americans Month in Vermillion. Mayor Powell presented the proclamation to Crystal McGuire, Executive Director of the Main Street Center. Crystal thanked the City Council for the proclamation. B. Stamp Out Hunger Proclamation Alderman Collier-Wise read the proclamation proclaiming Saturday, May 12, 2018 as Letter Carriers Food Drive Day in Vermillion and encouraged all citizens to support the food drive by placing nonperishable food item in or near mailboxes on this day. Mayor Powell presented the proclamation to Darwin VanDenOever and Chelsea Wesner representing the Vermillion Food Pantry. Darwin thanked the City Council for the proclamation and the postal carriers for their assistance in collecting food for the food pantry. C. Special Olympics Torch Run Proclamation Alderman Humphrey read the proclamation proclaiming the week of May 14 thru May 18, 2018 as Law Enforcement Torch Run for Special Olympics South Dakota Week. Mayor Powell presented the proclamation to Jon Cole. Jon Cole, representing the SD Law Enforcement Torch Run, thanked the City Council for the proclamation and invited the community to run or watch the run in Vermillion on May 14th on Main Street from the High School to the Courthouse. D. Public Service Recognition Week Proclamation Alderman Price read the proclamation proclaiming the week of May 6 thru May 12, 2018 as Public Service Recognition Week in Vermillion. Mayor Powell asked John Prescott to present the proclamation. E. Vermillion Area Robotics Club Proclamation Alderman Ward read the proclamation congratulating the Vermillion Area Robotics Club members and coaches for their accomplishments during the past year. Mayor Powell presented the proclamation to Susan Rolfes. Susan recognized the students for all their hard work and the sponsors for their assistance. 6. Public Hearings 4

8 A. First Reading of Ordinance 1371 to Rezone the W 85' of Lot 14 & W 90' of N 1/2 of Lot 13 Exc. E 5' of W 90' of N 14' of Lot 13, Blk 44, Snyder s Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 125 Prospect) Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 125 Prospect to rezone from the R-2 Residential District to the R-3 Residential District. Jake reported that the structure was built in 1911 and currently functions as a rental property with five rental units and, as such, is a nonconforming use in the R-2 residential district. Jake stated that the lot at 125 Prospect has an area of 5,610 square feet and under the current zoning ordinance only a single family dwelling could be built on the property due to the size. Jake stated that the petition for zone change and a map are included in the packet. Jake reported that the Planning Commission considered the zone change request at their April 23, 2018 meeting and voted 8-0 to recommend to deny the zone change. Jake reviewed the adjoining zoning noting that if the rezone were granted it would create a case of spot zoning. Kayleen Reynolds, resident and owner of 110 Prospect, stated that the lot at 125 Prospect is too small for that many dwelling units and the residents. Kayleen stated that parking is a problem in this area due to the number of residents in such a small area. Discussion followed on the zone change request Mayor Powell read the title to the above mentioned Ordinance and Alderman Ward moved to deny the zone change from R-2 Residential Zone to R-3 Residential Zone contained in proposed Ordinance 1371 for the property located at 125 Prospect. Alderman Collier-Wise seconded the motion. Discussion followed and upon request Jami Baedke, realtor representing the property owner, reported that the owner was not looking to make any changes to the property but as the property is nonconforming a bank will not mortgage the property and if damaged may not be rebuilt. Motion to deny carried 7 to 1. Mayor Powell declared the motion to deny carried. B. First Reading of Ordinance 1372 to Rezone Lots 1, 2, 3, 4 & W 1/2 Vac. Elm St. & E 1/2 Vac. Alley & Lots 11 & 12 & W 1/2 Vac. Alley, Blk 4, & Lots 5, 6, 7, 8, 9 & 10, Blk 4 & N 1/2 Vac. Spruce St. Adj. to Lot 6 & E 1/2 Lot 7 & W 1/2 Vac. Elm St. & Vac. Alley between 5, 6, 7 & 8 & W 1/2 Vac. all Adj. to Lots 9 & 10, Parks Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 5

9 Residential District (also known as 807 Cottage Avenue and 23 E Duke Street). Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 807 Cottage and 23 East Duke Street to rezone from the GB General Business District to the R-3 Residential District. Jake reported that there is a manufactured housing park located on this property that is a nonconforming use in the General Business District and would also be nonconforming in the R- 3 Residential District. Jake reported that this zone change request was heard by the Planning Commission at their April 23, 2018 meeting. Jake reported that representatives of the property owner were present stating that the rezone request was for a potential buyer whose offer was contingent upon the property being rezoned R-3. Jake reported that several tenants own or are in the process of purchasing their manufactured homes but would not be able to move them to another location, meaning that redevelopment of the land would force them to abandon their homes. Jake noted that because the property is currently zoned General Business the current residents could still be displaced for a business-related development. Jake reported that the Planning Commission voted 5-3 to recommend that the City Council deny the Petition for Rezone for 807 Cottage and 23 E Duke to the R-3 Residential District. Alvin Anderson, resident and owner of 807 Cottage #30, stated that the residents are being displaced so the owner can make some money. Alvin stated that the owner is not maintaining the court. Ryan Eichelberg, resident and owner of 807 Cottage #2, stated that he purchased his trailer with one year remaining on the loan. Ryan stated that the same people who sold him the trailer are now selling the property to displace him. Ryan stated that, in talking to the code office, the City ordinance will not allow him to move his trailer, as it does not have a pitched roof, and questioned if an exception could be made to allow him to move the trailer. Jaymie Kuntz, resident and owner of 807 Cottage #26, stated that she is a single mother with five children and a full time job and is concerned about losing her trailer and having no place to live. Jaymie stated that she could not afford to live somewhere else or cover the cost of moving her trailer. Pam Jacobson, realtor and property manager, reported that the property has been listed for sale for a number of years without any interest in the current General Business zone but now an offer has been received contingent upon this property and the property at 711 Cottage being rezoned to R-3 Residential District. 6

10 Jami Baedke, realtor, reported that the property has been for sale for a number of years and the residents would also be displaced if it were sold for a General Business use. Sarah Taggart, realtor representing the potential buyer, reported that the buyer wanted to develop the underutilized mobile home court. Sarah reported that the proposal is for five to six buildings around the perimeter with a landscaped courtyard in the center. Sarah stated that the proposal is for 2 to 3 bedroom units with the ground floor having access to garages, thus high-end apartments. Sarah requested approval of the zone change to allow the property to be developed to its potential. Alvin Anderson, resident and owner of 807 Cottage #30, stated that a lot has been said about their plans but nothing has been said about the current residents. Alvin wanted to know if someone was looking out for the current tenants. Randy Eichelberg, parent of Ryan, owner resident of 807 Cottage #2, stated that his son could not move his trailer per the City ordinance as it lacked a pitched roof and questioned why the City would allow these citizens to lose their homes to progress for the new development. Randy stated that he was concerned about his son being displaced. Sarah Taggart stated that the buyer has concerns about the tenants being displaced but noted that it is not the fault of the buyer or the seller it was the City that changed the zoning ordinance to make the mobile home court a nonconforming use and wanted to know if the City was going do something to assist the tenants. Discussion followed noting that the mobile home court is nonconforming in both the GB and R-3 zoning districts and now that there is a potential buyer the tenants may be displaced Alderman Sorensen moved to table first reading of Ordinance 1372 requesting the zone change from GB General Business to R-3 Residential for the property located at 807 Cottage and 23 East Duke Street to allow time for staff to review the ordinance on the ability to move trailers to another location along with assistance from the buyer or seller. Alderman Collier-Wise seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion to table adopted. C. First Reading of Ordinance 1374 to Rezone the W ½ of Lots 10, 11, 12 & all of Vac. Spruce St. Adj., Blk 3, Park s Addition, City of 7

11 Vermillion, Clay County, South Dakota, from GB General Business to R-3 Residential District (also known as 711 Cottage Avenue). Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 711 Cottage to rezone from the GB General Business District to the R-3 Residential District. Jake stated that this property is located just south of the property just discussed at 807 Cottage and 23 East Duke. Jake reported that this property currently contains a commercial building and a residential structure, noting that two trailers were just removed. Jake noted that the residential structures would be nonconforming in the General Business district. Jake reported that this zone change request was heard by the Planning Commission at their April 30, 2018 meeting. Jake reported that representatives of the property owner were present as well as a representative for the potential buyer who stated that the plan was to construct several multi-family housing units on this property in addition to the property at 807 Cottage and 23 East Duke Street. Jake reported that the Planning Commission voted 5-1 to recommend that the City Council approve the Petition for Rezone for 711 Cottage from the GB General Business District to the R-3 Residential District, but only if 807 Cottage Avenue and 23 East Duke were also rezoned from the GB General Business District to R-3 Residential District in order to avoid spot-zoning. Mark Lawrensen, reported that he and his mother, Paula, own the property, stating that it has been for sale for quite some time and now there is an offer contingent upon the zoning being changed from GB General Business to R-3 Residential. Mark stated that the property is underutilized in its current zoning classification and requested the zone change to R-3. Discussion followed Alderman Erickson moved to table first reading of Ordinance 1373 requesting the zone change from GB General Business to R-3 Residential for the property located at 711 Cottage Avenue until the zone change on the property to the north being 807 Cottage Avenue and 23 East Duke is determined. Alderman Humphrey seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion to table adopted. D. First Reading of Ordinance 1373 to Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 519 Adams Street and 520 Prentis Street) 8

12 Jake Losinski, Assistant to the City Manager, reported that a petition to rezone was received for the property located at 519 Adams Street and 520 Prentis Street to rezone from the R-2 Residential District to the R-3 Residential District. Jake reported that each property contains a single apartment building with 8 rental units. Jake stated that the R-2 Residential District allows for up to 4-plex multiple-family units thus the current structures would be nonconforming. Jake stated that this property adjoins R-2 and R-4 zoning districts. Jake reported that two letters of protest were received from neighboring property owners that were included in the packet. Jake reported that this zone change request was heard by the Planning Commission at their April 23, 2018 meeting with an 8-0 vote to recommend that the City Council approve the petition to rezone. Discussion followed. Pam Jacobsen, property manager, reported that the owner has no plans to change the property but, as it is nonconforming, would not be able to obtain a bank loan and if damaged could not rebuild. Pam stated that the zone change would bring the property into correct zone and would allow a potential buyer to finance with a mortgage Mayor Powell read the title to the above mentioned Ordinance and Alderman Erickson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No entitled An Ordinance Amending the Zoning Map Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson s 2nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District of 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 at this meeting being a regularly called meeting of the Governing Body of the City on this 7th day of May, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL as amended. The motion was seconded by Mayor Powell. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. E. Special permit to exceed permissible sound levels by no more than 50% for Habitat for Humanity Clay and Yankton Counties at 310 Washington Street on or about July 26, 2018 for a front yard BBQ Mike Carlson, Finance Officer, reported that Habitat for Humanity Clay & Yankton Counties has applied for a special permit to exceed allowable 9

13 noise levels for a Front Yard BBQ event to include music on or about July 26, 2018 from 5:00 p.m. to 8:00 p.m. to be held at 310 Washington Street. Mike noted that this is the location of where a Habitat for Humanity home will be built. Mike stated that a copy of the application, a diagram of the area and notice of hearing are attached. Mike noted that there is a request to close a portion of Washington Street later on the agenda. Mike stated that the City Council would need to determine, at the public hearing, if it is in a suitable location with appropriate facilities, during the allowable time and if the applicant can demonstrate the public benefit of the event. Mike reported that administration recommends approval of the special permit unless information is presented at the public hearing that indicates that there are problems related to the noise Alderman Collier-Wise moved approval of the special permit to exceed permissible sound levels by no more than 50% for Habitat for Humanity Clay and Yankton Counties at 310 Washington Street on or about July 26, 2018 from 5:00 p.m. to 8:00 p.m. for a front yard BBQ. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. F. First Reading of Ordinance 1369 to Repeal Sections Rural Plats Outside of JJZA, Conceptual Plans Rural, , Preliminary Plans Rural, Final Plans Rural, Design Standards Land Design Rural, Design Standards Streets Rural, Design Standards Water Facilities Rural, Design Standards Sanitary Sewer Facilities Rural, Design Standards Sump Pumps Rural, General Provisions and Assurances Rural, Enforcement Rural Due to Adoption of Clay County Ordinance Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections through , by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection Jose Dominguez, City Engineer, reported that this section of the ordinance is referred to as the Subdivision Ordinance. Jose reported that the current subdivision regulations were adopted in 2011 that completely amended the 1967 subdivision chapter of the Code of Ordinances. Jose reported that since 2011 the subdivision chapter has seen one minor amendment dealing with the creation of private roads. Jose noted that the subdivision chapter allows the City to plan for future growth, protect the public and promote harmonious development. Jose noted that there are several items that should be amended in the subdivision ordinance to better service the public. Jose reported that the major items this amendment will address are the removal of the 10

14 platting and design requirements for the land outside of the Joint Jurisdictional Zoning Area, and the changes to the section dealing with access to streets and roads. Jose reported that, since the adoption of Ordinance in 2011, Clay County adopted a subdivision ordinance that addresses development outside of the City and County Joint Jurisdictional Zoning Area in Jose noted that another part that has been changed extensively is the subsection dealing with Access to Streets and Roads. Jose stated that this subsection controls the number of access points to a street from building lots with the goal to minimize the number of street cuts in order to maintain a safe environment for the general public while preserving an acceptable level of traffic capacity on the streets. Jose reported on the public meeting held to review the proposed ordinance as well as meetings with the Planning Commission and City Council. Jose reported that, since the Planning Commission meeting, Staff has met with one developer that has been very active in constructing attached and detached single-family homes. Jose noted that the developer had concerns with the fact that the City limits the number and width of street cuts, on attached single-family homes with abutting garages to one shared street cut, and a maximum of 36-feet width (18-feet per attached single-family home), regardless of the number of garages. Jose stated that the developer had concerns that the width of 36-feet is not sufficient for larger vehicles to back out of a double garage in a safe manner. Jose stated that the City has maximum widths on driveways to provide a safe environment for the general public. Jose stated that limiting the width and number of driveways, for all uses, is done to increase the safety of pedestrians, bicyclists and vehicles. Jose reported that the current maximum width has worked well for many years, however, the number of garages and size of cars has been increasing. Jose reported that, after meeting with the developer, Staff has changed the proposed ordinance to accommodate the larger garages and vehicles. Jose stated that the change would require that all attached single-family homes with a garage less than 16-feet from each other have a shared driveway with a maximum width of 48-feet. Jose recommended approval of first reading of the subdivision ordinance Mayor Powell read the title to the above mentioned Ordinance and Alderman Erickson moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No entitled An Ordinance to Repeal Sections Rural Plats Outside of JJZA, Conceptual Plans Rural, , Preliminary Plans Rural, Final Plans Rural, Design Standards Land Design Rural, Design Standards Streets Rural, Design Standards Water Facilities Rural, Design Standards Sanitary Sewer Facilities Rural, 11

15 Design Standards Sump Pumps Rural, General Provisions and Assurances Rural, Enforcement Rural Due to Adoption of Clay County Ordinance Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections through , by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection of 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 at this meeting being a regularly called meeting of the Governing Body of the City on this 7th day of May, 2018 at the Council Chambers in City Hall in the manner prescribed by SDCL as amended. The motion was seconded by Alderman Humphrey. After discussion, the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Powell declared the motion adopted. 7. Old Business A. Second reading of Ordinance 1370 amending alcoholic beverage ordinance for changes in South Dakota state statute Mike Carlson, Finance Officer, reported that there were extensive revisions to the alcoholic beverage laws during the 2018 Legislative Session that will become effective on July 1, Mike stated that three licenses will no longer be available and the retail on-off sale malt beverage license has been expanded to include South Dakota Farm Wine. Mike noted that the hours that alcoholic beverages can be sold or served are being made consistent at 7:00 a.m. to 2:00 a.m. every day of the year including Christmas. Mike stated that there were also changes in language used by the Governing Body to determine the applicant suitable to hold a license and that the proposed location is suitable. Mike stated that this information was presented at the April 2nd noon meeting with the consensus to update the ordinance. Mike reported that the proposed ordinance updated the hours to 7:00 a.m. to 2:00 a.m. every day for all licenses, removed references to the licenses that no longer are available, updated language to comply with the new statute as to applicants are suitable before issuing, transferring or renewing a license with an effective date of July 1, Mike reported that Jim McCulloch, City Attorney, has reviewed the ordinance. Mike stated that the ordinance had first reading at the April 16th meeting and no comments have been received

16 Second reading of title to Ordinance 1370, entitled An Ordinance Amending Title XI, Chapter 112, Sections , , , , , & to reflect changes in South Dakota state statute as it applies to liquor licenses of the City of Vermillion, South Dakota. Mayor Powell read the title to the above named Ordinance, and Alderman Sorensen moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1370, entitled an Ordinance Amending Title XI, Chapter 112, Sections , , , , , & to reflect changes in South Dakota state statute as it applies to liquor licenses of the City of Vermillion, South Dakota 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 16th day of April, 2018 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 7th day of May, 2018 at the City Hall Council Chambers in the manner prescribed by SDCL as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1370 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XI, CHAPTER 112, SECTIONS , , , , , & TO REFLECT CHANGES IN SOUTH DAKOTA STATE STATUTE AS IT APPLIES TO ALCOHOLIC BEVERAGES BE IT ORDAINED by the governing body of the City of Vermillion, South Dakota to amend City of Vermillion Code of Ordinances Title XI, Chapter 112 ALCOHOLIC BEVERAGES, Sections , , , , and as follows: HOURS AND RESTRICTIONS. No on-sale or off-sale licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of two a.m. and seven a.m Repealed VIDEO LOTTERY MACHINE LICENSES. There is hereby imposed on any person who is licensed pursuant to SDCL and who is issued a video lottery establishment license pursuant to SDCL 42-7A-41 an annual license fee for the privilege of 13

17 locating video lottery machines on the licensed premises. The fee is established at $50 for each video lottery machine and shall be paid at the same time and in the same manner as the fees paid in SDCL This additional fee shall not be imposed on more than one license per location SUITABLE APPLICANT. (A) South Dakota Codified Law requires the City Council to determine whether retail alcohol beverage license applicants are suitable before issuing, transferring or renewing said licenses. This determination is required annually for each license the applicant seeks. In order to effectuate a thorough determination of suitable applicant eligibility for license issuance, new applicants must submit to a criminal background check to determine suitability. Each new applicant shall make arrangements with a law enforcement agency and submit to the fingerprinting process. The applicant must also provide to law enforcement payment to the South Dakota Division of Criminal Investigation and FBI in an amount necessary to cover the costs of the criminal record check. These actions must be taken by an applicant prior to publication of hearing notice required by South Dakota law. The applicant's completed application will be attached to the certification of the law enforcement agency when received. (B) A DISQUALIFYING CRIMINAL RECORD for alcoholic beverage license purposes means any conviction for any felony, a crime of violence as defined in SDCL (9), a sex offense as defined in SDCL 22-24B-1, or trafficking in controlled drugs or substances which when and where committed would constitute such in the state of South Dakota. Unpardoned convictions of any crime of moral turpitude as defined by SDCL (25) which when and where committed would constitute such in the state of South Dakota may constitute a disqualifying record as determined by the City Council on a case-bycase basis. Any criminal conviction not disclosed by an applicant on his application form may be treated as a disqualifying record. Any criminal conviction may be considered in making license issuance decision. Suspended imposition of sentence will not be considered a conviction. (C) An applicant subject to this policy shall provide to the law enforcement agency performing the fingerprinting process cash, check, or money order in an amount necessary to cover the costs of fingerprints for the criminal record check. (D) An applicant or principal in any business entity that is an applicant having any indebtedness to the City must satisfy said indebtedness before the City Council will consider any application for alcoholic beverage license issuance or renewal, except for plan one or two special assessment obligations that are not in arrears SUITABLE APPLICANT AND SUITABLE LOCATION CONSIDERATION. 14

18 (A) South Dakota codified laws and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. Therefore, the City hereby establishes a two-tiered process to evaluate on-sale liquor applications. The first tier will assess the suitability of the applicant or principals and whether the location is suitable according to and of this chapter. (B) Upon finding evidence of the suitability of the applicant and location, the City Council will consider second tier criteria. This process can include examining the best location for economic and tourism development, the best ancillary uses (restaurant, etc.) developed with the sale of liquor, the best location in accordance with the city long-range plan, the size of the facility, parking facilities, closeness to existing supplementing businesses, residences, and activities deemed important by the City Council WHOLESALE PURCHASE PRICE FEE. (A) The City does hereby impose a fee of 5% of the wholesale purchase price, plus freight, for all malt beverages as defined by SDCL , as amended, delivered to the holder of a license issued pursuant to SDCL (3), (4) or (16). (B) All holders of a license which permits the sale of malt beverages as described herein shall purchase the malt beverages that the holder of such license sells from the City. In order to facilitate orders and delivery, in lieu of direct purchases from the City, holders of a license described herein may utilize the procedures contained in herein. (C) The authority for the imposition of this fee is contained in SDCL SUBMISSION OF INVOICES AND ASSESSMENT OF FEES. (A) All malt beverage wholesalers, as defined by SDCL , and licensed, pursuant to SDCL (3), (4) or (16), shall provide a copy to the Finance Officer of all invoices for sales of malt beverages delivered to holders of a license as described in herein, within the city, on or before the 5th day of each month for all sales made in the city for the prior month. (B) The Finance Officer shall on the 15th day of each month, or on the first working day thereafter, send a statement to each license holder permitted to sell malt beverages as described in herein, assessing the fee required hereunder, based upon all invoices received by the City for malt beverages delivered to the license holder for the prior calendar month. The license holder shall have a period of 10 days within which to pay to the City the fee required hereunder. In the event of the failure by the license holder to pay the required fee within said 10 day time period, the Finance Officer shall notify the malt beverage wholesalers, in writing, by first-class mail, postage prepaid at Vermillion, South Dakota, of the fact that this fee has not 15

19 been paid and that the license holder is in violation of the terms of this chapter. A copy of the notice sent to the malt beverage wholesaler shall be sent to the license holder who is in default. The wholesalers shall not deliver any malt beverage to the license holder who is in default under the terms of this chapter until such time as the wholesalers are notified by the City that all fees owing to the City have been paid in full. EFFECTIVE DATE: The ordinance shall become effective July 1, Dated at Vermillion, South Dakota this 7th day of May, ATTEST: BY Michael D. Carlson, Finance Officer THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY John E. (Jack) Powell, Mayor Adoption of the Ordinance was seconded by Alderman Price. Thereafter, the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Collier- Wise-Y, Erickson-Y, Humphrey-Y, Meins-Y, Price-Y, Sorensen-Y, Ward-Y, Mayor Powell-Y Motion carried 8 to 0. Mayor Powell declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business A. Request from Habitat for Humanity Clay and Yankton Counties to close Washington Street from Dartmouth Street to Clark Street on July 26, 2018 from 4:00 pm to 8:00 pm for a front yard BBQ at 310 Washington Street. Dan Voss, Administrative Intern, reported that Habitat for Humanity has submitted a street closing request for Washington Street from Dartmouth Street to Clark Street on Thursday, July 26, 2018 from 4:00 p.m. to 8:00 p.m. for a front yard BBQ event. Dan reported that the street closing request, diagram and the letter from Habitat for Humanity are included in the packet. Dan stated that the group would clean up after the event

20 Alderman Collier-Wise moved approval of the closing of Washington Street from Dartmouth Street to Clark Street on Thursday, July 26, 2018 from 4:00 p.m. to 8:00 p.m. for a Habitat for Humanity front yard BBQ event. Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. B. Request submitted by Alison Buckman on behalf of USD for placement of Portable Storage unit in alley between Varsity and First Baptist Church in excess of time permitted by City Code John Prescott, City Manager, reported that ordinance allows City staff to issue permits to allow a dumpster to be placed on public ground for up to 30 days and portable storage unit for up to 14 days and any permit in excess of these limits would need to be approved by the City Council. John reported that a request was received from Allison Buckman on behalf of USD to place a portable storage unit in the alley west of 113 East Main beginning on May 8, 2018 and continue for six months. John noted that upon further discussion the duration was reduced to approximately 3 ½ months beginning the week of May 14th. John stated that the USD Charlie s Store will be temporarily operating out of 115 East Main during this time and the size of the facility will require the portable storage unit to accommodate the store merchandise. John reported that the application is included in the packet and the $25 fee has not been paid. John recommended approval of the request for up to four months starting May 14, Alderman Sorensen moved approval of the request to locate a portable storage unit in the alley between the Varsity and First Baptist for 4 months beginning on May 14, 2018 for USD Charlie s Store. Alderman Ward seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. C. Request from the Dakota Days Executive Board to close Main Street from Norbeck Street to High Street on Saturday, October 6, 2018 from 7:00 am to the conclusion of the Dakota Days Parade Dan Voss, Administrative Intern, reported that a street closing request was received from the Dakota Days Board to close Main Street from Norbeck Street to High Street on Saturday, October 6, 2018 from 7:00 a.m. for the duration of the Dakota Days parade. Dan stated that the Police, Fire and EMS were notified with the request that all barricades along the parade route be manned at all times to allow emergency vehicles to pass through quickly in the event that emergency services are needed. Dan noted that the application indicates that the Board will clean up after the parade. Discussion followed on why the start time of the parade was moved to 9:00 a.m. 17

21 Alderman Price moved approval of the street closing request from the Dakota Days Board for Main Street from Norbeck Street to High Street on Saturday, October 6, 2018 from 7:00 a.m. for the duration of the parade for the Dakota Days Parade. Alderman Collier-Wise seconded the motion. Discussion followed. Motion carried 7 to 1. Mayor Powell declared the motion adopted. D. Library Board of Trustee appointment Mayor Powell reported that there would be a vacancy on the Library Board at the end of May as Fern Kaufman has served two consecutive terms. Mayor Powell, on behalf of the community, thanked Fern for her service on Library Board. Mayor Powell reported from the input of the Council members he recommended the appointment of Katy Beem to a threeyear term expiring in May Alderman Erickson moved approval of the appointment of Katy Beem to the Library Board with term expiring May Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. E. Policies and Procedures Committee meeting report Addison McCauley, Administrative Intern, reported that the City Council at the April 2nd noon meeting assigned the review and report on the creation of a Vermillion Human Rights Commission (VHRC) to the Policies and Procedures Committee. Addison reported that the Policies and Procedures Committee met on April 18th and discussed specific sections to be included in a proposed ordinance. Addison reported that the Committee came to consensus on each of the following policy items and requested that a draft ordinance be prepared to reflect the decisions of the Committee: A) 7 Member Commission; B)The VHRC can request information from City employees across the organization through approval of the City Manager s Office; C) No public hearing panel or mediation option included in Alternative Dispute Resolution (ADR) procedures. Instead, the VHRC will receive the complaint and response, determine probable cause of an act of discriminatory practice, send the determination of probable cause and relevant referrals to both parties, and if the parties cannot resolve the matter privately, the VHRC can transfer the matter to the State Commission of Human Rights at the request of either party; D) VHRC can request either party to meet for a pre-determination conference if they need more information to determine probable cause and E) A Complaint filed with the VHRC and an answer filed from a Respondent must be verified by a Notary Public and 18

22 personal signature. Addison reported that the City Council can accept the report of the Policies and Procedures Committee and that draft ordinance will be distributed that is scheduled to be reviewed at the May 21st noon meeting. Addison stated that the minutes of the Policies and Procedures Committee are included in the packet. Discussion followed Alderman Sorensen moved to acknowledge receipt of the report of the Policies and Procedures Committee on the development of an ordinance for the creation of the Vermillion Human Rights Commission. Alderman Collier-Wise seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. F. Utilities Committee meeting report John Prescott, City Manager, reported that in 2015 WAPA jointed the Southwest Power Pool(SPP) which is a regional transmission organization that operates energy markets and transmission networks. John reported that the transmission assets of Vermillion were eligible to be included in the integrated system operated by SPP. John reported that in August of 2016, the City entered into a Professional Services Agreement with Missouri River Energy Services for $65,000 to complete the application to file for an annual revenue payment, facilitate the implementation of Vermillion assets into SPP system, and complete other aspects of the process to receive revenue payments for participating in SPP s system. John noted that in February of 2017, the agreement was amended to provide an additional $50,000 to complete the negotiations for the original filing process. John reported that MRES, their legal representative in Washington DC, and financial rate consultant expended considerable time and effort working with FERC and those offering comments opposing the filed settlement to complete negotiations. John stated that a settlement was arrived at in the late summer of 2017 which was finalized through FERC in late 2017 and early John noted that in March 2018, MRES contacted the City that they expended the full $115,000 authorized by the City with the approved and amended agreement plus had an additional $46,000 in expenses. John stated that he asked MRES to meet with the Utilities Committee to explain the expenses that exceeded the contracted amount. John reported that the Utility Committee met on April 18th to receive the report from Terry Wolf, transmission manager for Missouri River Energy Services (MRES). John reported that Terry summarized how MRES represents Vermillion Light and Power as a Transmission Agent in the Southwest Power Pool noting that MRES does not charge the City for their staff time spent on this issue. John stated that Terry also explained to the Utilities Committee the reasons for the cost overrun to complete the process with FERC and SPP. John reported that that the City s costs incurred in 19

23 reaching the settlement are recoverable transmission related costs that will be reimbursed following the filing of the 2018 activity in 2019 for reimbursement in John reported that the Utility Committee report was to recommend to the City Council the payment of the additional expenses of MRES in the SPP filing. John stated that the minutes of the April 18, 2018 Utilities Committee meeting are included in the packet. John noted that the City would receive approximately $820,000 each year from SPP for reimbursement of transmission related assets. John reported that $65,000 was paid on this agreement in 2016 and if the report is accepted the $96,000 will be paid at a future meeting. Discussion followed Alderman Collier-Wise moved to acknowledge receipt of the Utility Committee Report as it applies to the Professional Services Agreement with MRES for preparation and filing the application for cost recovery with the SPP with the final payment of approximately $96,000 for the services received. Alderman Price seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. G. Adoption of the Capital Improvement Plan John Prescott, City Manager, reported that at the April 2nd noon meeting the Capital Improvement Plan was presented to the City Council. John stated that one of the goals of the Capital Improvement Plan is to present ideas to the City Council and community about projects that may be undertaken in the next five years. John noted that funding may not be defined for each item at present but will be developed as the timeline moves closer. John noted that some current projects during 2018 may extend into the 2019 budget. John stated that there are many other projects included in the CIP for 2019 that are not as costly but will also be beneficial to the community. John acknowledged that it may or may not be possible to fund all of the projects included in the CIP in the proposed budget year but it is important for the City Council to identify projects for staff to work toward accomplishing. John reviewed the capital projects currently proposed to be included in the 2019 budget. John stated that the Capital Improvement Plan would then assist the City Council and staff with planning future budgets. Discussion followed Alderman Erickson moved approval of the Capital Improvement Plan for as presented. Alderman Price seconded the motion. Discussion followed. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 9. Bid Openings 20

24 A. Fuel Quotes Mike Carlson, Finance Officer, read the monthly fuel quotes and recommended the low quote of Stern Oil on Items 1 and 2 and Brunick s Service on Items 3 and 4. Item 1-4,350 gal unleaded 10% ethanol: Stern Oil $2.4520, Brunick s Service $2.48; Item 2 1,000 gal unleaded: Stern Oil $2.6868, Brunick s Service $2.72; Item 3 3,000 gal No. 2 Diesel fuel dyed: Stern Oil $2.4550, Brunick s Service $2.45; Item 4-1,000 gal No. 2 diesel fuel-clear: Stern Oil $2.7515, Brunick s Service $ Alderman Erickson moved approval of the low quote of Stern Oil on Items 1 and 2 and Brunick s Service on Items 3 and 4. Alderman Price seconded the motion. Motion carried 9 to 0. Mayor Powell declared the motion adopted. 10. City Manager's Report A. John reported that the Planning Commission meets Monday, May 14th and on the agenda is the consideration of rezoning 800 and 816 Jefferson Street from GB General Business zoning to R-3 Residential zoning. B. John stated that at the last meeting the City Council approved creating a Downtown Business Improvement District Board to review financing options for a downtown project. John requested that those interested in serving on the Board complete an Expression of Interest form that is due by Noon on Wednesday, May 16th with the City Council making appointments at the May 21st meeting. C. John reported that Prentis Street between Clark Street and Main Street would be closed on Thursday, May 10th from 6:00 p.m. to 9:00 p.m. for a professional baseball exhibition game. D. John reported that the South Dakota Department of Environment and Natural Resources recognized the Water Department for 17 consecutive years of receiving the Secretary s Drinking Water Excellence Award. E. John reported that the City surplus and abandoned property auction is this Friday, May 11th at 5:30 p.m. at the Municipal Service Center, 115 West Duke Street. F. John reported that he was contacted by a Verizon representative for a tower to be located along the west side of Market Street. John handed 21

25 out options for City Council feedback as the location is owned by the City. PAYROLL ADDITIONS AND CHANGES General: Daniel Voss $9.00/hr; Street: Jack Cochrane $9.00/hr, Dalton Godfrey $9.00/hr; Alex Jensen $9.00/hr, John Pempek $9.00/hr; Recreation: Aubrey Houska $9.25/hr, Parker Goblirsch $9.25/hr, Connor Kuiper $9.00/hr, Caroline Mulder $9.00/hr, Madison Treiber $9.25/hr, Mark Upward $9.00/hr; Pool: Victoria Andre $10.00/hr, Kennedy Goblirsch $9.00/hr, Michael Kopren $9.25/hr, Megan Langley $10.00/hr; Parks: Justin Meyers $9.25/hr, Josh Prescott $9.00/hr, Jonathan Wieger $9.00/hr; Communications: Derek Ronning $19.88/hr; Golf Clubhouse: Madison Green $9.00/hr, Tryce Nelson $9.00/hr, Tiara Selby $9.00/hr; Golf Maintenance: Blake Gilkyson $9.25/hr, Clayton Hakin $9.00/hr, Maxwell Mayer $9.00/hr, Taylor Schultz $9.25/hr, Paul Schwasinger $11.50/hr, Drew Thelen $9.00/hr, Dylan Thelen $9.00/hr; Landfill: Trevor Hovaldt $10.00/hr, Todd Mockler $17.13/hr, Daniel Milroy $16.38/hr, Brian Waage $16.38/hr; Recycling: Alec Leber $10.25/hr 11. Invoices Payable Alderman Price moved approval of the following invoices: A & A Refrigeration repairs A-Ox Welding Supply Co carbon dioxide/cylinder rental 1, Ace Refrigeration Co repairs Adidas America merchandise 4, AmericInn lodging Andrea Hansen refund softball rec fees Appeara shop towels Aramark Uniform Services uniform cleaning Argus Leader Media #1085 subscription Arizona Manufacturing & Emb merchandise Arrow Manufacturing parts Austin Anderson safety boots reimbursement Austin Rhodes meals reimbursement Avera Occupational Medicine testing Banner Associates, Inc professional services 27, BHS Marketing, LLC soda ash 6, Bierschbach Eqpt & Supply supplies Blackburn Manufacturing Co supplies Blackstone Publishing books Border States Elec Supply supplies

26 Bound Tree Medical, LLC supplies 1, Boyer Trucks parts Broadcaster Press advertising Butch's Propane Inc propane 1, Butler Machinery Co. repairs/parts 6, Callaway Golf merchandise Campbell Supply supplies 2, Cannon Technologies, Inc supplies 16, Cask & Cork merchandise CDW Government, Inc ambulance equipment 3, Center Point Large Print books Century Business Products copier contract/copies Centurylink telephone Chesterman Co merchandise CIT Group/Commercial Service merchandise City Directories publication City Of Vermillion postage/copies 1, City Of Vermillion utility bills 34, Civicplus ssl certificate fees Clay Co Register Of Deeds filing fee Clay County Ems Association CPR class/cards Coffee King, Inc supplies Colonial Life Acc Ins. insurance 2, Core & Main Lp parts 3, Custom Conveyor Corp. parts 3, Cutter & Buck merchandise 1, Dakota Beverage merchandise 13, Dakota Lock & Key control keys Dakota PC Warehouse computers/monitor/supplies 2, Dakota Rock Farms haul leachate 10, Danko Emergency Equipment supplies 2, Delta Dental Plan insurance 6, Delta Star transformer 53, Demco supplies Dennis Martens maintenance Dept Of Revenue testing DGR Engineering professional services 39, Echo Electric Supply supplies 1, Electrical Engineering & Equip parts Electronic Engineering car camera install 1, Embroidery & Screen Works uniforms Emergency Services Marketing subscription fee Environmental Resource Assoc chemicals 1,

27 Farmer Brothers Co. supplies Farner Bocken Company merchandise 2, Flint Trading Inc supplies Foreman Media council mtg Fred Haar Co, Inc parts Gale books 1, Garys Tree Service, Inc tree removal/stump grinding 2, Gemplers Inc safety glasses/cleaner/gloves Global Dist. merchandise Graham Tire Co. tires 1, Grainger supplies Graymont Capital Inc chemicals 4, Gregg Peters freight 1, Gregg Peters rent Greggs Auto Body repairs 1, Grey House Publishing books Guarantee Oil Co Inc oil Guarantee Roofing & Siding repairs 1, Hach Co parts 5, Hartington Tree LLC trees Hauff Mid-America Sports supplies Hawkins Inc chemicals 3, Herren-Schempp Building supplies Hillyard/Sioux Falls supplies Hitches, Trailers & More repairs Hornungs Pro Golf merchandise Hy Vee Food Store supplies Hydraulic Sales & Service repairs 1, Independence Waste waste hauling/toilet rental 1, Ingram books 4, International Code Council membership dues Interstate Power Systems repairs Jacks Uniform & Eqpt bullet proof vest/uniform 2, Jamie Hall work boots reimbursement Jay's Plumbing repairs Jeffrey Nisly refund parking tckt overpmt 5.00 Jensen Auto Body Inc repairs Jerry's Chevrolet Buick GM parts Jessica Newman tuition reimbursement 2, Jian Huang refund swimming lessons fee John A Conkling Dist. merchandise 8, Johnsen Heating & Cooling repairs Johnson Brothers Of SD merchandise 19,

28 Johnson Feed, Inc repairs/road salt 7, Jonathan Aperans fire school reg. reimbursement Jones Food Center supplies Joseph A Ostrem mileage reimbursement JWR, Inc baler repairs 10, K & M Tire tire change equipment Kalins Indoor Comfort repairs Karsten Mfg Corp merchandise 1, Knife River Midwest, LLC asphalt 1, Larrys Home Repair repairs Lessman Elec. Supply Co supplies Library Ideas books Lindsay Hayes refund swimming lessons fee Lindsey Peterson refund softball fees Locators And Supplies, Inc supplies Longs Propane Inc propane M&T Fire And Safety Inc parts Mart Auto Body towing 1, Matheson Tri-Gas, Inc medical oxygen Matt Davis meals reimbursement Matt Taggart safety boots reimbursement Matt Wilmes drug test reimbursement Matthew Bender & Co, Inc books McCulloch Law Office professional services 1, Mead Lumber supplies Medical Waste Transport, Inc haul medical waste Menards supplies Michael Frederick supplies Micro Marketing LLC supplies Midwest Alarm Co alarm monitoring Midwest Pump & Mechanical parts Midwest Radiator & Exhaust parts Midwest Ready Mix & Equipment red rock Midwest Turf & Irrigation parts 1, Minitex Library supplies Minn Municipal Utility Assoc 2nd qtr safety mgmt program 7, Missouri Valley Maintenance repairs Mobile Electronic Service repairs 3, Moore Welding & Mfg repairs Motion Picture Licensing Co licensing MSC Industrial Supply Co supplies Nationwide Insurance renewal notary bond Nationwide Mutual Insurance notary bond

29 Navajo merchandise NCL Of Wisconsin, Inc supplies 1, Netsys+ professional services 1, Newman Signs, Inc supplies O'Reilly Auto Parts parts Office Systems Co copier contract/copies Overhead Door Of Sioux City repairs PCC, Inc commission 4, Pepsi Cola Of Siouxland merchandise Pressing Matters supplies Presto-X-Company inspection/treatment Primoris Aevenia, Inc substation construction 43, Print Source advertising/brochures Prochem Dynamics supplies Quill supplies Racom Corporation workstation replacement 12, Recorded Books, Inc books Recovery Systems Co, Inc parts Reinhart Foodservice, LLC merchandise Republic National Distributing merchandise 27, Resco parts 3, Riverside Hydraulics & Lab parts Sanford Health Plan participation fees Sanitation Products Inc parts 2, Schaeffer Mfg. Co supplies SD Arborists Association dues/registration SD City Mgmt Association registration SD GFOA registration SD Lottery license renewal SD Municipal League registration SD One Call locates SD Retirement System contributions 54, SD Secretary Of State notary bond filing fee SD Solid Waste Management Assoc registration Service Master Of Se SD custodial 4, Sooland Bobcat skid steer loader 21, Southern Glazer's Of SD merchandise 2, Stan Houston Eqpt Co parts Standard Ready Mix Concrete pea rock Stern Oil Co. oil 2, Stewart Oil-Tire Co repairs Still 173 LLC merchandise Stuart C. Irby Co. led lights 106,

30 Sturdevants Auto Parts parts 2, Sundog Distributing (USA) merchandise Syncb/Amazon books/supplies Taste Of Home Books books The Ups Store #6751 shipping Titleist Drawer Cs merchandise 5, TMB Enterprises LLC merchandise Tractor Supply Credit Plan cable ties/safety snaps Treatment Resources, Inc parts 2, Tri Tech Sales parts 1, Triview Communications phone system programming Turner Plumbing repairs Tyler Technologies maintenance 4, Tyler Zimmerman safety boots reimbursement Uline supplies United Accounts Inc garnishment 1, United Way contributions Unum Life Insurance Company insurance 1, USA Bluebook parts Utility Equipment Co. parts Van Diest Supply Co chemicals 1, Vast Broadband 911 circuit/dialup service 1, Verizon Wireless cell phones/wireless comm 2, Vermillion Ace Hardware supplies 1, Vermillion Ford repairs Vermillion Rotary Club dues/meals Veterans Of Foreign Wars flags Visa/First Bank & Trust fuel/lodging/supplies 9, Wal-Mart Community supplies Wesco Distribution, Inc parts 2, Wigman Co supplies 2, Working Fire Furniture Co fire dept tables Yankton Fire & Safety repairs Yankton Janitorial Supply supplies Yankton Medical Clinic testing/screening Zee Medical Service supplies Zimco Supply Co supplies 8, Zuercher Technologies LLC software maintenance Bess Vlaisavljevich Bright Energy Rebate Alderman Erickson seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 27

31 12. Consensus Agenda A. Set a public hearing date of May 21, 2018 for annual malt beverage license renewals B. Set a public hearing date of May 21, 2018 for retail on off sale malt beverage license including site transfer for Old Lumber Company, Inc for Old Lumber Company Grill and Bar at 11 and 15 Court Street and site transfer of retail on sale liquor license to include 11 Court Street C. Set a public hearing date of May 21, 2018 for a special daily malt beverage and wine license for the South Dakota Shakespeare Festival on or about June 7 to 10, 2018 at the Prentis Park band shell D. Set a public hearing date of May 21, 2018 for a special permit to exceed permissible sound levels by no more than 50% for the South Dakota Shakespeare Festival on June 4-10, 2018 from 6:00 p.m. to 10:30 p.m. and June 10, 2018 from 3:30 p.m. to 6:30 p.m. at the Prentis Park band shell amphitheater for Shakespeare Festival performances Alderman Collier-Wise moved approval of the consensus agenda. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. 13. Adjourn Alderman Ward moved to adjourn the Council Meeting at 8:50 p.m. Alderman Sorensen seconded the motion. Motion carried 8 to 0. Mayor Powell declared the motion adopted. Dated at Vermillion, South Dakota this 7th day of May, 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. 28

32 From: Council Agenda Memo Mike Carlson, Finance Officer Meeting: May 21, 2018 Subject: Presenter: Annual Renewal of Malt Beverage Licenses Mike Carlson 6. Public Hearing; item a Background: Applications for renewal of malt beverage licenses have been received from the establishments listed on the notice of hearing. The Police Chief prepared a report indicating the performance and when compliance checks were completed at each establishment since July 1, In the letter sent to all license holders, with the renewal application, the applicants were encouraged to attend the public hearing or have someone represent the business. The City Council adopted Ordinance No in September 2008 to require a written management plan upon reapplication by a licensee where conviction of a violation of any law, rule, regulation, or ordinance relevant to alcoholic beverage control has taken place. That ordinance is as follows: Management plans are required for reapplication after conviction or upon request of the City Council Any licensee under this chapter, its agents or employees or the manager or contractual operators, or their agents or employees, of retail establishments licensed under this chapter, who in the course of the operation of the license, are convicted of a violation of any law, rule, regulation, or ordinance relevant to alcoholic beverage control, or upon the request of the City Council, shall upon reapplication for a license submit with the reapplication a written management plan which sets forth the licensee's policy for correcting any and all defects in its operation that contributed to a violation or issue related to license renewal. The governing body will review the adequacy of the plan as part of the renewal process. Failure to submit a plan or submission of an inadequate plan shall be considered by the governing body in exercising its discretion to approve or disapprove the application pursuant to SDCL Management plans were received from the following six (6) businesses that failed a compliance check(s) prior to renewal applications being mailed April 3, 2018: Casey s Retail Company, Inc (Jefferson Street store)-failed Casey s Retail Company, Inc (Princeton Street store) Failed Coyote Convenience, Inc Failed Fireworks Inc for Dakota Brick House Failed Jay-Ambre-7, LLC for Freedom Valu Ctr Failed Pump N Stuff, Inc Failed

33 6. Public Hearing; item a For background, the previous information on compliance checks for the six (6) businesses that submitted management plans are as follows: Casey s General Store Casey s Retail Company on-off sale malt beverage Jefferson Street December 9, 2008 passed April 2, 2009 passed December 11, 2009 failed management plan June 2010 February 5, 2010 passed September 3, 2010 passed December 7, 2011 passed March 31, 2012 passed May 31, 2013 passed March 26, 2014 passed February 17, 2015 failed management plan June 2015 April 16, 2015 passed November 16, 2015 passed November 9, 2016 passed March 22, 2018 failed management plan May 2018 Casey s General Store Casey s Retail Company on-off sale malt beverage Princeton Street December 14, 2016 failed management plan May 2017 February 2, 2017 passed March 22, 2018 failed management plan May 2018 Coyote Convenience Coyote Convenience, Inc on-off sale malt beverage December 9, 2008 failed management plan June 2009 March 5, 2009 failed management plan June 2009 April 2, 2009 passed December 11, 2009 passed September 8, 2010 passed March 31, 2012 failed management plan June 2012 August 17, 2012 passed June 18, 2013 failed management plan June 2014 July 24, 2013 passed August 13, 2014 passed April 2, 2015 passed January 30, 2016 passed February 2, 2017 passed March 22, 2018 failed Management plan May 2018

34 6. Public Hearing; item a Dakota Brick House Fireworks Inc. on-off sale malt beverage, on sale liquor August 9, 2017 passed March 22, 2018 failed management plan May 2018 Jay-Ambe-7, LLC for Freedom Valu Center, on-off sale malt beverage (April 14, 2016 new management) February 2, 2017 failed management plan May 2017 April 5, 2017 passed March 22, 2018 failed Management plan May 2018 Pump N Stuff Pump N Stuff-Vermillion, Inc (2) on-off sale malt beverage licenses December 9, 2008 failed management plan June 2009 March 5, 2009 passed April 2, 2009 passed December 11, 2009 passed September 8, 2010 passed March 31, 2012 passed June 18, 2013 failed management plan June 2014 July 24, 2013 failed management plan June 2014 September 11, 2013 passed August 13, 2014 passed April 2, 2015 passed January 30, 2016 failed management plan May 2016 March 22, 2016 failed management plan May 2016 May 11, 2016 passed December 14, 2016 passed August 9, 2017 failed management plan May 2018 April 21, 2018 passed Discussion: The notice of hearing lists the licenses that are being reissued followed by the licenses that are being issued as the business license previously held was discontinued by the state and these business will be issued an on off sale malt beverage. The City Council has the ability to renew a license on basically two (2) criteria: suitable person and suitable location. With respect to the location criteria, licenses have been previously approved for all of the locations. A South Dakota legal ruling defined that other items can impact the location criteria. The character of neighborhoods and businesses tend to change over time and a local governing body has a legitimate interest in managing the alcoholic beverage licensing in its jurisdiction to assess whether an alcohol sales location continues to be suitable. With respect to the suitable person criteria, the City Council can also determine that an applicant is not of suitable moral character and not renew a license. If an application is denied, the motion must state the reasoning for denial. The applicant cannot reapply for this type of license for one (1) year.

35 6. Public Hearing; item a Our ordinance titled Suitable Person in section (D) provides that an applicant or principal in any business entity that is an applicant having any indebtedness to the city must satisfy said indebtedness before the City Council will consider any application for alcoholic beverage license issuance or renewal. Jay-Ambre-7, LLC, operating Freedom Valu Center is in arrears on their utility bill and notice was provided to the owner and manager that the billing would need to be current prior to the license being reissued. At the time of the writing of this memo some payments have been made but the bill is not current and my recommendation would be to approve the malt beverage license at which time the indebtedness to the city is current. Financial Consideration: The City receives $150 for each on-off sale malt beverage license. For those businesses with video lottery machines, the fee is $50 per machine, unless this fee was paid with their liquor license renewal in December. Conclusion/Recommendations: Following the input from the public hearing, the City Council is asked to make a decision on the following and if a motion is to deny the reason needs to be included in the motion: 1. Approve the issuance of the retail on-off sale malt beverage license for Jay-Ambre-7 for Freedom Valu Center at 830 East Cherry contingent upon the indebtedness to the city being current. 2. Approve the re-issuance and issuance of the remaining retail on-off sale malt beverage licenses to the businesses listed.

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63 City of Vermillion Police Department 15 Washington Street Vermillion, SD Phone: (605) FAX: (605) May 10, 2018 To: From: Vermillion City Council Matt Betzen, Chief of Police Subject: Re-Issuance/issuance of Retail (On-Off Sale) Malt Beverage July, 2018 June, 2019 In the last 12 months, the Vermillion Police Department has conducted 30 compliance checks on businesses that sell alcohol. Vendors failed nine of these compliance checks and were successful in 21 of the checks. So, in the last 12 months Alcohol License holders have passed 70% of compliance checks. This memo summarizes the police responses to alcohol related events at each alcohol license holder s establishment applying for reissuance/issuance of their retail (On-Off Sale) Malt Beverage license. Note: only events that occurred inside an establishment or can be clearly linked to the establishment are reported. For example, if a fight occurred on the sidewalk outside an establishment it is not report as linked to that establishment, unless the police investigation showed that some portion of the event happened inside the establishment. Also, one should not draw a conclusion based on the number of responses to an establishment. The frequency could be a result of a responsible manager calling the police for events that other managers might ignore, or it could be a reflection of successful business practices resulting in more patrons, which will inevitably result in more events. Re-Issuance of Retail (On-Off Sale) Malt Beverage: Blue, Inc. for Little Italy s, 831 East Cherry Street On 08/01/17, Little Italy s passed an alcohol compliance check. There have been no alcohol related calls for service at Little Italy s in the last 12 months. Bunyan s LLC for Bunyan s, 1201 West Main Street (Video Lottery Suite 106) On 03/22/18, Bunyan s passed an alcohol compliance check. On 11/27/17, Bunyan management requested assistance with an intoxicated man refusing to pay for food. Bunyan s management cooperated with police investigative efforts. Café Brule Inc. for Café Brule, 24 West Main Street On 08/01/17, Café Brule passed an alcohol compliance check. There have been no alcohol related calls for service at Café Brule in the last 12 months. Charcoal Lounge, Inc. for Charcoal Lounge, 6 & 8 East Main Street On 03/29/18, Charcoal Lounge passed an alcohol compliance check of 6 Home of the University of South Dakota

64 City of Vermillion Police Department 15 Washington Street Vermillion, SD Phone: (605) FAX: (605) On 05/05/18, while conducting bar checks, officers found an underage woman drinking in the Charcoal Lounge. Officers found a false ID on the suspect. On 04/13/18, while conducting bar checks, officers found two underage persons drinking alcohol in the bar. One was found to have a fake identification. On 04/08/18, while conducting bar checks, officers found six underage persons drinking alcohol in the bar. Three were found to have fake identification. On 03/25/18, officers responded to a report of an assault. Several people were charged with trespassing and one was found to be consuming alcohol underage in the Charcoal Lounge. On 03/02/18, while conducting bar checks, officers found an underage person drinking in the bar. The person also had a stolen driver s license on them. On 03/02/18, officers found an underage person drinking in the bar. They had a fake identification. On 02/25/18, officers responded to a report of a sex crime at the Charcoal Lounge. The incident involved a woman being groped. On 02/21/18, an officer found two underage persons drinking in the Charcoal Lounge. On 10/1/17, officers investigated a report of an assault at the Charcoal Lounge. On 09/23/17, officers found an underage person drinking in the Charcoal Lounge, he had a fake identification. On 08/17/17, an officer found an underage person drinking in the Charcoal Lounge. On 07/30/17, an officer found an underage person drinking in the Charcoal Lounge. The man lied about his identity and had a fake ID. On 07/29/17, officers found two underage persons drinking in the Charcoal Lounge. Both provided false information regarding their age. On 05/21/17, officers investigated a report of an assault at the Charcoal Lounge. Charcoal Lounge management cooperated with police investigative efforts. City of Vermillion for The Bluffs Golf Course at 2021 East Main Street No compliance checks have been done at the Bluff s Golf Course in the last 12 months. There have no alcohol related calls at the Bluff s Golf Course in the last 12 months. City of Vermillion for Municipal Liquor Store at 826 Cottage Street On 04/21/18, The Liquor Store passed a compliance check. On 11/7/17, management reported an intoxicated man attempting to steal alcohol. On 10/31/17, management reported the theft of alcohol from the store. On 10/18/17, management reported the theft of alcohol from the store. On 09/28/17, management reported a subject using a fake ID to attempt the purchase of alcohol. On 9/22/17, management reported a subject using a fake ID to attempt the purchase of alcohol. On 9/09/17, management reported a subject using a fake ID to attempt the purchase of alcohol of 6 Home of the University of South Dakota

65 City of Vermillion Police Department 15 Washington Street Vermillion, SD Phone: (605) FAX: (605) On 08/31/17, management reported a subject using a fake ID to attempt the purchase of alcohol. Liquor Store management cooperated with all investigative efforts and takes additional efforts to control access to alcohol, e.g. camera surveillance and a scanner for Identification checking. Coyote Convenience, Inc. for Coyote Convenience, 116 East Cherry Street On 03/22/18, Coyote Convenience failed a compliance check. On 12/03/17, management called for officers to deal with an intoxicated subject drinking from beer cans refusing to leave the store. On 10/08/17, officers responded to an assault call at the Coyote Convenience. One man was arrested for underage possession of alcohol. On 10/07/17, officers responded to an assault call at the Coyote Convenience. One man was arrested for underage consumption of alcohol. Coyote Convenience management cooperated with police investigative efforts. D&D Foods, Inc. for Hartford Steak Co Tavern, 7 Court Street No compliance checks have been done at the Hartford Steak Co Tavern in the last 12 months. There have been no alcohol related calls for service in the last 12 months. Dwight Iverson for Cherry Pit Stop Video Lottery at 23 East Cherry Street On 03/22/18, The Cherry Pit Stop passed a compliance check. There have been no alcohol related calls for service in the last 12 months. Fireworks, Inc. for Dakota Brick House, 15 West Main Street On 08/09/17, The Dakota Brick House passed a compliance check. On 03/22/18, they failed a compliance check. There have been no alcohol related calls for service in the past 12 months. Guo Wei Zheng for Asian Buffet, 404 Bower Street In the past 12 months, no compliance checks have been done at the Asian Buffet. There have been no alcohol related calls for service in the past 12 months. Jon Donald Enterprises for Silk Road Café at 12 West Main Street In the past 12 months, no compliance checks have been done at the Silk Road Café. On 12/13/17, officers investigated a theft from the Silk Road Café, the meal included alcohol. On 11/18/17, officers investigated a theft from the Silk Road Café, the meal included alcohol. Management cooperated with police investigations. Mexico Viejo, Inc. for Mexico Viejo Mexican Restaurant at 432 E. Cherry Street On 08/01/17, Mexico Viejo passed a compliance check of 6 Home of the University of South Dakota

66 City of Vermillion Police Department 15 Washington Street Vermillion, SD Phone: (605) FAX: (605) There have been no alcohol related calls for service in the past 12 months. NPC International, Inc. for Pizza Hut #2788 at 928 East Cherry Street In the past 12 months, no compliance checks have been done at Pizza Hut. On 06/04/17, Pizza Hut management called about an intoxicated patron driving away from the store. Management cooperated with police investigations. OMA SHREE, LLC for Speedee Mart at 800 East Cherry Street On 04/21/18, Speedee Mart passed a compliance check. There have been no alcohol related calls for service in the past 12 months. Prairie River, Inc. for R Pizza at 2 West Main Street In the past 12 months, no compliance checks have been done at R Pizza. There have been no alcohol related calls for service in the past 12 months. Pump N Stuff of Vermillion, Inc. (Video Lottery Rooms 1 and 2) for Pump N Stuff at 203 E Main St. On 08/09/17, Pump N Stuff failed a compliance check. On 04/21/18, they passed a compliance check. On 03/15/18, the manager called police and turned over drug paraphernalia found during cleaning. On 11/22/17, the manager called police regarding a subject screaming at another patron in the lottery room. On 10/25/17, the manager called when an intoxicated man made suicidal statements. 05/21/18, the manager reported finding illegal drugs on the floor of the store. Management cooperated with all police investigative efforts. Red Steakhouse, Inc. for Red Steakhouse at 1 East Main Street On 08/01/17, Red Steakhouse passed a compliance check. There have been no alcohol related calls for service in the past 12 months. Sunset Oil, Inc. (Lucky 7 Casino and Sunset Casino) for Pump N Pak at 629 Stanford On 8/9/17 and 04/21/18, Pump N Pak, which includes the Sunset Casino passed alcohol compliance checks. On 05/01/18, management requested an officer assist with a disruptive patron in the casino. On 04/15/18, management requested an officer to assist with an intoxicated disruptive patron. On 02/21/17, management called when an intoxicated injured woman entered the store and then left. On 01/28/17, management called regarding a man trying to break into a lottery machine. On 10/31/17, management requested officer assistance with an intoxicated woman who was upset of 6 Home of the University of South Dakota

67 City of Vermillion Police Department 15 Washington Street Vermillion, SD Phone: (605) FAX: (605) On 10/22/17, management reported a theft of beer. On 09/29/17, management requested assistance with an intoxicated man creating a disturbance. On 9/10/17, management reported the use of a stolen debit card to purchase alcohol. On 9/02/17, management reported the theft of beer. Management cooperated fully with police investigative efforts. Management provides video of events and frequently assists in other investigations that involve their property. Valiant Vineyard, Inc for Valiant Vineyard at 1500 West Main In the past 12 months, no compliance checks have been conducted at the Valiant Vineyard. There have been no alcohol related calls for service in the past 12 months. Varsity Pub, LLC. for The Varsity at 113 East Main Street On 03/29/18, the Varsity Pub passed a compliance check. On 11/17/17, Officers were called to a man who was contemplating suicide at the Varsity Pub. Management cooperated with police investigative efforts. Vermillion Downtown Culture Assoc. Inc. for Coyote Twin Theater at 10 East Main In the past 12 months, no compliance checks have been conducted at the Coyote Twin Theater. There have been no alcohol related calls for service inside the Coyote Twin Theater in the last 12 months. Issuance of Retail (On-Off Sale) Malt Beverage: Casey's Retail Company, Inc. for Casey's General Store #2806 at 615 Jefferson St On 03/22/18, Casey s on Jefferson failed a compliance check. There have been no alcohol related calls at Casey s on Jefferson in the last 12 months. Casey s Retails Company, Inc. for Casey s General Store #3525 at 1302 Princeton St. On 03/22/18, Casey s on Princeton failed a compliance check. On 05/04/18, management called for help with a woman acting in a bizarre fashion. On 12/26/17, management turned over a bag containing illegal drugs that was found in the store. Management cooperated fully with police investigative efforts. HyVee Food Store, Inc. For HyVee at 525 West Cherry St. On 04/21/18, HyVee passed a compliance check. On 04/15/18, management called about a man trying to steal beer. On 01/07/18, management called about an intoxicated man inside the store causing a disturbance of 6 Home of the University of South Dakota

68 City of Vermillion Police Department 15 Washington Street Vermillion, SD Phone: (605) FAX: (605) On 12/3/18, management called about an intoxicated man inside the store bathroom with alcohol stolen from the store. On 09/12/17, management requested help removing an intoxicated man from the store, who had previously been told not to be in the store. On 08/19/17, management requested assistance with a shoplifter who took a bottle of wine. On 07/16/17, Caller reported a man leaving the HyVee parking lot intoxicated. HyVee management cooperated with all investigative efforts, provides video of events and uses a multilevel identification checking system. Jay-Ambe-7, LLC for Freedom Valu Center at 830 E Cherry St. On 03/22/18, the Freedom Valu Center failed a compliance check. There were no alcohol related calls for service in the past 12 months. Maya Janes, Inc. for Maya Janes at 9 West Main St. On 03/28/18, Maya Janes passed a compliance check. On 04/01/18, officers responded to a report of a fight at Maya Jane s. On 03/22/18, officers responded to a report of minors drinking in Maya Jane s. Three underage persons were found drinking in Maya Jane s. On 01/07/18, officers investigated a report of a disturbance at Maya Jane s. On 08/12/17, officers investigated a report of an assault at Maya Jane s. Management cooperated with police investigative efforts. Wal-Mart Stores, Inc. for Wal-Mart Super Center #3734 at 1207 Princeton St. On 08/01/17, Wal-Mart passed a compliance check. On 12/12/17, management called regarding an intoxicated woman asleep in a dressing room. On 12/03/17, management called regarding an intoxicated man they wanted removed from the store. On 11/24/17, management requested assistant with the theft of beer from the store. On 11/22/17, management requested assistance with advising a subject not to return to the store because they had previously stolen beer from the store. On 10/30/17, management called about a very intoxicated subject in the store who was confused about where he was. On 10/17/17, management called regarding a theft of beer and an intoxicated subject fleeing the store. On 07/04/17, management called regarding a theft of beer by an underage person. On 06/28/17, Officers investigated two underage women who had been drinking. They stole the alcohol from Wal-Mart. On 05/31/17, management called regarding the theft of beer by juveniles. Management cooperated with police investigative efforts. This included maintaining security staff, providing video recordings of events and written reports of 6 Home of the University of South Dakota

69 From: Council Agenda Memo Mike Carlson, Finance Officer Meeting: May 21, 2018 Subject: Presenter: 6. Public Hearing; item b Retail on off sale malt beverage license including site transfer for Old Lumber Company, Inc for Old Lumber Company Grill and Bar at 11 and 15 Court Street and site transfer of retail on sale liquor license to include 11 Court Street Mike Carlson Background: Chad Grunewaldt reported that he purchased the building at 11 Court Street and will be expanding the Old Lumber Company business into that location. Chad stated that the expansion would be sometime this summer depending upon when the renovations are complete. The request is made up of two applications with the first for the renewal of the retail on-off sale malt beverage license at 15 Court Street with the site transfer to include 11 Court Street and the second for the site transfer of the retail on sale liquor license to include 11 Court Street. The Police Chief memo is attached that states there are no issues with this establishment that would affect holding a license. In the letter sent to all license holders, with the renewal application, the applicants were encouraged to attend the public hearing or have someone represent the business. Discussion: The City Council has the ability to renew a license on basically two (2) criteria: suitable person and suitable location. With respect to the location criteria, licenses have been previously approved for 15 Court for this business and the request is being made to expand into 11 Court. A South Dakota legal ruling defined that other items can impact the location criteria. The character of neighborhoods and businesses tend to change over time and a local governing body has a legitimate interest in managing the alcoholic beverage licensing in its jurisdiction to assess whether an alcohol sales location continues to be suitable. With respect to the suitable person criteria, the City Council can also determine that an applicant is not of suitable moral character and not renew a license. If an application is denied, the motion must state the reasoning for denial. The applicant cannot reapply for this type of license for one (1) year. As to the site expansion to include 11 Court the City Council will need to determine is this is a suitable location. There are existing licenses issued to 15 Court (Old Lumber Company), 7 Court (Hartford Steak Co Tavern) and 2 West Main (R-Pizza). If the City Council determines this to be a suitable location the motion should include the approval of the site transfer contingent upon approval of occupancy by the Building Inspector.

70 6. Public Hearing; item b As background, the liquor license for the Old Lumber Company, Inc was transferred from John Grunewaldt to the Old Lumber Company, Inc in April For that transfer along with subsequent renewals, the motion to approve included the following condition approval of the on-sale liquor and on-off sale malt beverage license to the Old Lumber Company, Inc. for the Old Lumber Company, at 15 Court Street for the interior of the building at said location. The City Council will need to consider if it wants to continue to restrict the license to the interior of the building. Chad has submitted a letter requesting to have the restriction on his license for the interior of the building removed. The letter of request from Chad along with a list of neighbors he contacted are attached. Chad has also submitted a building permit application to replace the elevator in the building that includes a mechanical room on the roof. With the elevator, mechanical room on the roof there will also be a set of stairs going from the first floor to the roof. The building permit application also includes an enclosed structure on the roof with a bar and seating with doors leading to a roof patio area. The occupancy listed for the enclosed structure and patio area is 49. The plans show a fencing around the patio area. Upon Chads request, the issuance of the building permit is waiting until after the City Council meeting as it includes an outdoor patio area. Financial Consideration: The City receives $150 for each on-off sale malt beverage license and $150 fee for the site transfer request for the retail on sale liquor license. Conclusion/Recommendations: Following the input from the public hearing, the City Council is asked to make a decision on the following and if the motion is to deny the reason needs to be included in the motion: 1. Approval or denial of the renewal of the malt beverage license for 15 Court with or without the restriction to the interior. If the City Council wants to include the restriction for the interior of the building. The motion to approve would include the following condition approval of the on-sale liquor and on-off sale malt beverage license to the Old Lumber Company, Inc. for the Old Lumber Company, at 15 Court Street for the interior of the building at said location. 2. Approval or denial of the expansion of the malt beverage license to include the addition of 11 Court to the existing 15 Court with or without the restriction to the interior. Note if approved should be contingent upon approval of occupancy by the Building Inspector. 3. Approval or denial of the expansion of the liquor license to include the addition of 11 Court to the existing 15 Court with or without the restriction to the interior.

71 6. Public Hearing; item b Note if approved for the expansion to 11 Court should be contingent upon approval of occupancy by the Building Inspector.

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76 From: Council Agenda Memo Mike Carlson, Finance Officer Meeting: May 21, 2018 Subject: Presenter: 6. Public Hearing; item c Special Daily Malt Beverage License for the South Dakota Shakespeare Festival for the Shakespeare Festival June 7-10, 2018 in the Prentis Park Band shell area Mike Carlson Background: The South Dakota Shakespeare Festival has submitted an application for a special daily malt beverage and wine license for the Shakespeare Festival for June 7-10, 2018 at the Prentis Park Band shell area. Our city ordinance on special daily licenses reads as follows: SPECIAL LICENSES FOR SALES OF MALT BEVERAGES AND/OR WINE. The City Council may recommend to the State Department of Revenue that a special malt beverage and/or wine license may be granted to a civic, charitable, educational or fraternal organization in conjunction with a special event. 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. The fee for such license shall be set by resolution of the City Council. State Statute for the special daily licenses is as follows: Special alcoholic beverage licenses issued in conjunction with special events. Any municipality or county may issue: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision (4), (6), or (16) in addition to any other licenses held by the special events license applicant; (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision (4), (6), or (12) or chapter in addition to any other licenses held by the special events license applicant; (3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision (4), (6), or (16) in addition to any other licenses held by the special events license applicant; or (4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision (3), (5), (12), (17A), or (19) or chapter in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealer s licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter

77 6. Public Hearing; item c Any license issued pursuant to this section may be issued for a period of time established by the municipality or county. However, no period of time may exceed fifteen consecutive days. The local governing body may establish rules to regulate and restrict the operation of the special license. Discussion: Attached are the notice of public hearing, diagram of the area, memo on the control measures and the Police Chief s memo. The Police Chief s report has recommended parameters for the event. As the event will be held on City property, ordinance allows the City Council to include such conditions and restrictions, as the governing body may deem appropriate and consistent with state law. The South Dakota Shakespeare Festival is requesting the permit to sell beer and wine on City property. The individuals selling the beer and wine may or may not be South Dakota Shakespeare Festival Board members. The Release and Indemnification releasing the City from liability for the event has been provided. The certificate of insurance naming the city as additional insured with liquor liability has not been received at the time of writing this memo. As noted, the Police Chief has reviewed the memo attached to the application and recommends the following parameters be established for this event. City staff recommends the City Council consider attaching the following conditions: 1. Wristbands will be distributed by Volunteers when IDs are checked to ensure purchasers and consumers are over 21 years of age. 2. The South Dakota Shakespeare Festival will provide ushers who will monitor both the purchase area and the audience grounds within the area delineated. Ushers will ensure no one removes a beverage from the audience area or the fenced concession area. 3. The fences, concession area, and the audience area will have posted signs instructing consumers not to remove alcoholic beverages from the two designated areas, and the direct path between them. Financial Consideration: The City has received the $20 per day license fee and $15 advertising fee for a total of $95 from the applicant. Conclusion/Recommendations: Administration recommends approving the issuance of the special daily malt beverage and wine license. The issuance is contingent on receipt of a certificate of insurance naming the City as additional insured with liquor liability, the City Council is comfortable that the applicant holding the license can properly distribute malt beverages and regulate the event, and there is complete understanding and agreement by the applicant with regard to any conditions and restrictions the City Council may require after further information is provided at the public hearing.

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80 From: Council Agenda Memo Mike Carlson, Finance Officer Meeting: May 21, Public Hearing; item d Subject: Special Permit to exceed Permissible Sound Levels by no more than 50% for the South Dakota Shakespeare Festival in the Band Shell area of Prentis Park on June 4-9, 2018 from 6:00 p.m. to 10:30 p.m. and June 10, 2018 from 3:30 p.m. to 6:30 p.m. for the Shakespeare Festival performances Presenter: Mike Carlson Background: Scott Mollman, on behalf of the South Dakota Shakespeare Festival, has applied for a special permit to exceed allowable noise levels for the Shakespeare Festival on June 4-9, 2018 from 6:00 p.m. until 10:30 p.m. and June 10, 2018 from 3:30 p.m. to 6:30 p.m. in the band shell area of Prentis Park. Included is a copy of the application and published notice of the hearing. The city noise ordinance is as follows: Sec Noises prohibited. (a) General prohibitions: In addition to the specific prohibitions outlined below, it shall be unlawful for any person to make, continue, or cause to be made or continued any loud or unusual noise so as to disturb the peace of the public, any neighborhood, any business operation, family, lawful assembly of persons, or any person by committing any act or acts of disturbance within the limits of the City of Vermillion. (b) The following acts are declared to be in violation of this chapter. 1) Sound equipment prohibited: Except for emergency vehicles, it shall be unlawful for any person to operate or cause to be operated upon the streets or public places in the city a sound truck or car with sound amplification equipment in operation. Sound truck as used herein means any vehicle having thereon or attached thereto any sound amplification equipment. Sound amplification equipment as used herein means any machine or device for the amplification of the human voice, music or other sound, but shall not include radio or warning devices on vehicles used for traffic warning or control purposes. 2) Stereos, radios, television sets, musical instruments and similar devices: a. Using, operating or permitting the use or operation of any stereo, radio, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound, except as provided for in paragraph (1) above, in such a manner as to violate this section or cause a noise disturbance. b. The operating of any such device between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to be plainly audible at the property boundary of the source or plainly audible at fifty (50) feet from such device when operated within a vehicle parked on a public right-of-way or when operated from within a private residence.

81 6. Public Hearing; item d 3) Maximum permissible sound levels: It shall be unlawful for any person to operate or permit the operation of any stationary source of sound in such a manner as to create a sound pressure level during any ten-minute measurement period which exceeds the limits set forth for the following receiving land use districts when measured at the boundary or at any point within the property affected by the noise. Sound level measurements shall be made at a distance of fifty (50) feet from source with a sound level meter of type 2 or better, using the A weighting scale, in accordance with standards promulgated by the American National Standards Institute. Use District 11:00 p.m a.m a.m.-11:00 p.m. Residential 50 db(a) 55dB(A) Commercial 55 db(a) 60dB(A) Industrial & Agricultural 75 db(a) 80dB(A) (c) It shall be a violation of this section if the sound which is measured creates a sound pressure level greater than the levels set forth for the receiving land use district for ninety (90) per cent of the time in any measurement period, such as the level exceeded for nine (9) minutes of a ten-minute period. (d) Special Permit The City Council may, following a Public Hearing, issue a Special Permit to exceed allowable sound levels by not more than 50% of the allowable limit within the Use District, in a suitable location with appropriate facilities, during the allowable time. It shall be required of any applicant for a Special Permit to demonstrate that the event for which the permit is requested be of public benefit. An applicant shall submit a diagram clearly showing the sound level projections beginning at a point fifty (50) feet from the source, and continuing out through a radius of two hundred (200) feet from the source. Application for a Special Permit shall be made with the City Finance Officer, and shall be accompanied with an application fee of $ Application for a Special Permit shall be completed no later than 30 days prior to the proposed event, and it shall contain all applicable information relative to the nature and purpose of the event. (Ord. No. 1100, ) (e) Semi-tractors; prohibited noises: It shall be unlawful for any person within the city limits of Vermillion, to make, or cause to be made, loud or disturbing or offensive noises with any mechanical devices operated by compressed air and used for purposes of assisting braking on any semi-tractor, except for the aversion of imminent danger. (Ord. No. 1102, ) Violation: Any person violating any provision of this section may be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment. Each day such violation is committee or permitted to continue shall constitute a separate offense and shall be punishable as such. Discussion: As the diagram indicates, the band shell will serve as the stage with the speakers facing out from the band shell. The sound level projections are on the attached map noting that the sound levels will be above the 150% in the audience area and drop off outside this area. It should be noted the request is from June 4 10 while the actual event is June The performers will be rehearsing on June 4-6 and there will be some testing of the sound equipment during the rehearsal days. Staff is not aware of any problems related to the issuance of the noise permit in previous years. The City Council will need to determine, at the public hearing, if the event is in a suitable location with appropriate facilities during the allowable time, and if the applicant can demonstrate the public benefit of the event. Relevant questions for a public gathering when a noise permit is sought are the availability of restroom facilities, clean-up of the area, parking and disposal of waste.

82 6. Public Hearing; item d Representatives from the South Dakota Shakespeare Festival will be present to answer questions on the event. Financial Consideration: The $25 fee for the special permit has been paid. Conclusion/Recommendations: Administration recommends issuance of the special permit unless information is presented at the public hearing that indicates that there will be problems related to the noise.

83 6. Public Hearings; item e From: Council Agenda Memo Jake Losinski, Assistant to the City Manager Meeting: May 21, 2018 Subject: First Reading of Ordinance 1375 to Rezone the N 56 of E 95.5 of Lot 2, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from R-4 Residential District to R-3 Residential District and all of Lots 1 and 3, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota, from GB General Business District to R-3 Residential District (also known as 800 Jefferson and 816 Jefferson) Presenter: Jake Losinski Background: The Petition for Rezone currently before the City Council, submitted by Charles Kase Allison of Austree Apartments & Storage LLC, seeks to rezone the property located at three lots addressed as 800 Jefferson and 816 Jefferson from R-4 Residential District and GB General Business District all to the R-3 Residential District. Two of the lots are zoned GB General Business and contain a total of three multifamily residential buildings, each containing 8 rental units. The third lot is currently zoned R-4 and contains a parking lot. Prior to 2008 this property was zoned R-3 General Residential District. In 2008, the Zoning Ordinance was updated and 800 Jefferson and 816 Jefferson were rezoned to a mix of General Business and R-3 Residential District. The multifamily residential structures are a nonconforming use in the General Business District. The owner obtained the required signatures to allow the Planning Commission to consider the zone change. Notification signs were placed on the lot in question, a public notice was placed in the paper and the property owners within 250-feet of the rezone were notified of the public hearing. The Planning Commission considered this item at the May 14, 2018 meeting. The Planning Commission voted 8-0 to recommend that the City Council approve the Petition for Rezone for 800 Jefferson and 816 Jefferson from the R-4 Residential District and GB General Business District to the R-3 Residential District. Discussion: The Petition for Rezone currently before the City Council only includes three parcels adjacent to R-4 zoning to west and GB General Business zoning to the east. The requested rezone would bring the eight-unit apartment buildings at 800 Jefferson and 816 Jefferson into conformance with the Zoning Ordinance, but questions remain about whether or not it perpetuates incompatible land uses. The properties in question are just a short distance from GI General Industrial zoning to the east, where the Standard Ready

84 6. Public Hearings; item e Mix plant is located. The noise, dust, and truck traffic generated in an industrial zone could be in conflict with residential uses. The 2035 Comprehensive Plan is primarily geared towards planning for future development of the community. The petition for rezone before the City Council does not have a strong connection to the 2035 Comprehensive Plan. The most applicable goal set forth in the Comprehensive Plan is to Create and maintain neighborhoods that are safe, healthy, livable, and compatible with adjacent land uses. Approval of this rezone would bring the affected structures into conformance with the current Zoning Ordinance, but may perpetuate a use that is not compatible with the surrounding neighborhood. Staff believes that ultimately this is a policy decision best left up to the City Council. Financial Consideration: None, the required fee has already been paid by the Applicant. Conclusion/Recommendations: The City Council is asked to consider Ordinance 1375 to rezone 800 Jefferson and 816 Jefferson from R-4 Residential District and GB General Business District all to R-3 Residential District. If denied, the property at 800 Jefferson and 816 Jefferson could not be considered for a rezoning request for 6 months, per (C).

85 ORDINANCE 1375 AN ORDINANCE AMENDING CHAPTER 155, ZONING REGULATIONS, OF THE REVISED ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, SECTION ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING THE N 56 OF E 95.5 OF LOT 2, BLOCK 1, SUMMERSET ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA, FROM R-4 RESIDENTIAL DISTRICT TO R-3 RESIDENTIAL DISTRICT AND ALL OF LOTS 1 AND 3, BLOCK 1, SUMMERSET ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE GB GENERAL BUSINESS DISTRICT TO THE R-3 RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE GOVERNING BODY OF VERMILLION, SOUTH DAKOTA: SECTION 1. That Section , Adoption of Official Zoning Map, is hereby amended as follows: That the N 56 of E 95.5 of Lot 2, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the R-4 Residential District and included in the R-3 Residential District and all of Lots 1 and 3, Block 1, Summerset Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the GB General Business District and included in the R-3 Residential District (also known as 519 Adams Street & 520 Prentis Street). Dated at Vermillion, South Dakota this 21 st day of May, THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA ATTEST: By John E. (Jack) Powell, Mayor By Michael D. Carlson, Finance Officer First Reading: May 21, 2018 Second Reading: June 4, 2018 Publication: June 15, 2018 Effective Date: July 5, 2018

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89 Jefferson Street GI General Industrial R-4 E Duke Street 800 Jefferson 816 Jefferson GB General Business Cherry Street

90 7. Old Business; item a From: Council Agenda Memo Jake Losinski, Assistant to the City Manager Meeting: May 21, 2018 Subject: Presenter: Second Reading of Ordinance 1373 to Rezone Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson s 2 nd Addition, City of Vermillion, Clay County, South Dakota, from R-2 Residential District to R-3 Residential District (also known as 519 Adams Street & 520 Prentis Street) Jake Losinski Background: The Petition for Rezone currently before the City Council, submitted by Harlowe Hatle of Hatle Investments LLC, seeks to rezone the property located at 519 Adams and 520 Prentis from R-2 Residential District to R-3 Residential District. Each parcel currently houses a single apartment building constructed in 1963, each of which contain eight rental units. Prior to 2008 this property was zoned R-2 General Residential District. In 2008, the Zoning Ordinance was updated and 519 Adams and 520 Prentis, along with the surrounding neighborhood, were rezoned to R-2 Residential District. Under the current Zoning Ordinance, the highest density residential allowed in the R-2 Residential District is a four (4) dwelling multiple-family unit. The owners obtained the required signatures to allow the Planning Commission to consider the zone change. Notification signs were placed on the lot in question, a public notice was placed in the paper and the property owners within 250-feet of the rezone were notified of the public hearing. The Planning Commission considered this item at the April 23, 2018 meeting. The Planning Commission voted 8-0 to recommend that the City Council approve the Petition for Rezone for 519 Adams and 520 Prentis from the R-2 Residential District to the R-3 Residential District. The City Council voted to approve the first reading of Ordinance 1373 at the May 7, 2018 meeting. Discussion: The Petition for Rezone currently before the City Council only includes two parcels adjacent to R-2 zoning to the north, east, and south and R-4 zoning to the west. The requested rezone would bring the eight-unit apartment buildings at 519 Adams and 520 Prentis into conformance with the Zoning Ordinance, but questions remain about whether or not it perpetuates incompatible land uses. Before the 2008 Zoning Ordinance update and city-wide rezone, the R-2 designation allowed for Multiple dwellings but did not set a maximum of how many multifamily units

91 7. Old Business; item a could be on a lot. Instead, the number of units was limited by the size of the lot. Section (2) (b) stated that: A lot occupied by a two (2) family dwelling shall contain not less than ten thousand (10,000) square feet and shall be not less than seventy (70) feet in width. A lot occupied by a three (3) family dwelling shall contain not less than thirteen thousand (13,000) square feet and a four (4) family dwelling unit shall not contain less than fifteen thousand five hundred (15,500) square feet of lot area. For each additional family unit over four (4), there shall be an additional two thousand (2,000) square feet of lot area. Under this formula, an eight-unit dwelling would be allowed in the R-2 District provided it was on a lot that had 23,500 square feet of lot area. Both 519 Adams and 520 Prentis each contain 16,800 square feet, meaning that even prior to the 2008 Zoning Ordinance the lots would have been too small to conform to the minimum lot area requirements. Staff received two letters of opposition to the rezoning from neighboring property owners that follow this memo. The 2035 Comprehensive Plan is primarily geared towards planning for future development of the community. The petition for rezone before the City Council does not have a strong connection to the 2035 Comprehensive Plan. The most applicable goal set forth in the Comprehensive Plan is to Create and maintain neighborhoods that are safe, healthy, livable, and compatible with adjacent land uses. Approval of this rezone would bring the affected structures into conformance with the current Zoning Ordinance, but may perpetuate a use that is not compatible with the surrounding neighborhood. Staff believes that ultimately this is a policy decision best left up to the City Council. Financial Consideration: None, the required fee has already been paid by the Applicant. Conclusion/Recommendations: The City Council is asked to consider Ordinance 1373 to rezone 519 Adams and 520 Prentis from R-2 Residential District to R-3 Residential District. If denied, the property at 519 Adams and 520 Prentis could not be considered for any other rezone petitions for 6 months, per (C). A roll call vote is required for the second reading of an ordinance.

92 ORDINANCE 1373 AN ORDINANCE AMENDING CHAPTER 155, ZONING REGULATIONS, OF THE REVISED ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, SECTION ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING LOTS 1, 2, 7 & 8, BLK 2, REPLAT OF SAMMELSON S 2 ND ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE R-2 RESIDENTIAL DISTRICT TO THE R-3 RESIDENTIAL DISTRICT. BE IT ORDAINED BY THE GOVERNING BODY OF VERMILLION, SOUTH DAKOTA: SECTION 1. That Section , Adoption of Official Zoning Map, is hereby amended as follows: That Lots 1, 2, 7, & 8, Blk 2, Replat of Sammelson s 2 nd Addition, City of Vermillion, Clay County, South Dakota are hereby excluded from the R-2 Residential District and included in the R-3 Residential District (also known as 519 Adams Street & 520 Prentis Street). Dated at Vermillion, South Dakota this 21 st day of May, THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA ATTEST: By John E. (Jack) Powell, Mayor By Michael D. Carlson, Finance Officer First Reading: May 7, 2018 Second Reading: May 21, 2018 Publication: June 1, 2018 Effective Date: June 21, 2018

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96 In the letter I received from the Owner/Owners of these properties, it said these were "inadvertently" zoned as R-2. Frankly, I don't believe that was the case and believe it was probably the city's plan to eventually transition to R-2 for this zone. As a homeowner that lives in this neighborhood, I would prefer it remain as R-2 in hopes that someday these properties would be changed to single occupancy or smaller multi occupancy dwellings. In the future, if the owner wants support from their neighbors, a better approach would be speaking to them in person. Forest McKenzie 515 Prentis Ave.

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101 Adams Street Prentis Avenue JeffersonStreet GB General Business R-2 R-4 Lincoln Street R Adams 520 Prentis

102 7. Old Business; item b From: Council Agenda Memo Jose Dominguez, City Engineer Meeting: May 21, 2018 Subject: Presenter: Ordinance 1369 to Repeal Sections Rural Plats Outside of JJZA; Conceptual Plans Rural; Preliminary Plans Rural; Final Plans Rural; Design Standards Land Design Rural; Design Standards Streets Rural; Design Standards Water Facilities Rural; Design Standards Sanitary Sewer Facilities Rural; Design Standards Sump Pumps Rural; General Provisions and Assurances Rural; Enforcement Rural; to Delete Unnecessary Sections of the Ordinance Due to Adoption of Clay County Ordinance Revised Subdivision Ordinance of Clay County; and to Amend portions of Sections through , by Changing the Section Numbering, Renaming Sections, Adding Definitions, Removing Portions Addressing Land Outside of the Joint Jurisdictional Zoning Area, and Replacing the Access to Streets and Roads Subsection Jose Dominguez Background: The current subdivision regulations were adopted in 2011 with Ordinance Ordinance 1251 completely amended the 1967 subdivision chapter of the Code of Ordinances. Since 2011, the subdivision chapter has seen one minor amendment dealing with the creation of private roads. Other than that small change, the ordinance has provided Vermillion with an easy to follow set of instructions for the public when developing land in, or around, the City. The subdivision chapter allows the City to plan for future growth, protect the public and promote harmonious development. However, there are several items that should be amended in the subdivision ordinance to better service the public. The major items that this amendment will address are the removal of the platting and design requirements for the land outside of the Joint Jurisdictional Zoning Area, and the changes to the section dealing with Access to Streets and Roads. Discussion: Since the adoption of Ordinance 1251, Clay County has adopted a subdivision ordinance that addresses development outside of the City and County Joint Jurisdictional Zoning Area. The Clay County subdivision ordinance was adopted in 2014 and has many

103 7. Old Business; item b of the same requirements as the City s current subdivision ordinance. Removing any of the requirements placed by the City s current subdivision ordinance from the Code would simplify the process for Staff (the City s and the County s) and it would also make the development process much more efficient for the public. Another part that has been changed extensively is the subsection dealing with Access to Streets and Roads. This subsection controls the number of access points to a street from building lots. The goal of the subsection is to minimize the number of street cuts in order to maintain a safe environment for the general public while preserving an acceptable level of traffic capacity on the streets. The current subsection generated a few complaints. The main complaint was that it was difficult to follow since each development was reviewed on a case-by-case basis. This made the requirements vary from instance to instance based on the street fronting the project, the use of the property, topography, shape of lots, etc The new subsection will try to eliminate as much of the ambiguity as possible by providing the developer with a way of determining the number of access points allowed based on the classification of the street fronting the project and the length of the frontage. The City will still have to review each case to determine if a more restrictive type of access is required. The other changes to the ordinance added several definitions, removed portions of the section dealing with land outside of the Joint Jurisdictional Zoning area, and cleaned up the verbiage dealing with Developer Agreements. Staff held a public meeting on January 24 th to discuss the proposed changes and gather input from the public. This meeting was advertised in the Broadcaster and in the Equalizer. Additionally, a notice of the meeting was placed on the City s webpage, Facebook page and Twitter. Staff also mailed notices of the meeting to all of the contractors/developers that received a building permit over the last couple of years. No one attended the meeting. Prior to the January 24 th meeting Staff held two informational meetings with the Planning Commission and one informational meeting with the City Council. The Planning Commission reviewed the proposed ordinance at their April 9 th meeting. During the meeting the Planning Commission raised concerns with removing sections , , , , , , , , and The Planning Commission believed that these sections should remain in the amended ordinance. Staff removed the subsections due to the fact that the County s 2014 Revised Subdivision Ordinance of Clay County addresses conceptual, preliminary and final plan requirements (sections , , and ), land design standards (section ), and road design standards (section ). The County does not have sections dealing with utilities since they do not provide utility services. However, the County does require that the developers provide documentation from the appropriate utility on how the area to be developed will be serviced.

104 7. Old Business; item b Since the Planning Commission meeting, Staff has met with one developer that has been very active in constructing attached and detached single-family homes. The developer had concerns with the fact that the City limits the number and width of street cuts, on attached single-family homes with abutting garages to one shared street cut, and a maximum of 36- feet width (18-feet per attached single-family home), regardless of the number of garages. The developer had concerns that the width of 36-feet is not sufficient for larger vehicles to back out of a double garage in a safe manner. The City has maximum widths on driveways to provide a safe environment for the general public. Limiting the width, and number, of driveways, for all uses, is done to increase the safety of pedestrians, bicyclists and vehicles. Combining driveways, and limiting the width, has been a practice in the City for over a decade. The current maximum width has worked well for many years, however, the number of garages, and size of cars, has been increasing. After meeting with the developer Staff has changed the proposed ordinance to accommodate the larger garages and vehicles. The change would require that all attached single-family homes with a garage less than 16-feet from each other have a shared driveway with a maximum width of 48-feet. This increases the width by an additional 6-feet for each owner (from 18-feet to 24-feet). A public hearing with the City Council was held on May 7 th. At this meeting the Council reviewed the ordinance and voted unanimously to adopt the first reading. Financial Consideration: The cost will be that of publication. Conclusion/Recommendations: Administration recommends approval of the second reading of Ordinance A roll call vote is required.

105 ORDINANCE 1369 AN ORDINANCE TO REPEAL SECTIONS RURAL PLATS OUTSIDE OF JJZA; CONCEPTUAL PLANS RURAL; PRELIMINARY PLANS RURAL; FINAL PLANS RURAL; DESIGN STANDARDS LAND DESIGN RURAL; DESIGN STANDARDS STREETS RURAL; DESIGN STANDARDS WATER FACILITIES RURAL; DESIGN STANDARDS SANITARY SEWER FACILITIES RURAL; DESIGN STANDARDS SUMP PUMPS RURAL; GENERAL PROVISIONS AND ASSURANCES RURAL; ENFORCEMENT RURAL; TO DELETE UNNECESSARY SECTIONS OF THE ORDINANCE DUE TO ADOPTION OF CLAY COUNTY ORDINANCE REVISED SUBDIVISION ORDINANCE OF CLAY COUNTY; AND TO AMEND PORTIONS OF SECTIONS THROUGH , BY CHANGING THE SECTION NUMBERING, RENAMING SECTIONS, ADDING DEFINITIONS, REMOVING PORTIONS ADDRESSING LAND OUTSIDE OF THE JOINT JURISDICTIONAL ZONING AREA, AND REPLACING THE ACCESS TO STREETS AND ROADS SUBSECTION. BE IT ORDAINED, by the governing body of the City of Vermillion, South Dakota to repeal, or amend, the City of Vermillion Code of Ordinances Title XV, Chapter 154 Subdivision Regulations, Sections through as follows: GENERAL. (A) Title. These regulations may be referred to as the "2018 Subdivision Ordinance for the City of Vermillion". (B) Purpose. (1) It is the purpose of this chapter to regulate the subdivision of land in order to coordinate streets with subdivisions and with other subdivisions and uses, to provide adequate open space, to efficiently distribute population and traffic, to provide water and sanitation facilities, to manage storm drainage and flood control, to prevent haphazard and premature land subdivision, to promote the harmonious development of the municipality and the area surrounding the municipality and its environment and to conform with the Comprehensive Plan. (2) Premature subdivision of land is to be discouraged, due to unavailability of urban services, premature and excessive loss of agricultural land, and inefficient delivery of basic government services. (3) Where rural subdivisions are allowed within the platting jurisdiction, their design standard and minimum improvements are the same as those required in the "2018 Subdivision Ordinance for the City of Vermillion", except for the exceptions contained in the following sections of this chapter. (C) Authority. In accordance with SDCL Chapters 11-3, 11-6 and any other authority provided by law, or as such statutes may be amended, the city does hereby exercise the power and authority to approve or disapprove plats for the subdivision of land within the platting jurisdiction.

106 (D) Jurisdiction. (1) These regulations shall apply to all subdivisions of land, as defined herein, located within the platting jurisdiction. (2) It shall be unlawful for any person having control of any land within the platting jurisdiction to subdivide or lay out such land in lots, unless by plat, in accordance with the laws of the State of South Dakota and the regulations contained herein. (E) Definitions. The following words and phrases shall be as defined below: (1) ACCESS EASEMENT (INGRESS-EGRESS EASEMENT, MUTUAL ACCESS EASEMENT). An easement granting the right to abutting property owners to use a designated portion of property for common ingress and/or egress purposes. (2) ALLEY. A public way designed to be used as a secondary means of access to the side or rear of abutting property whose principal frontage is on some other public way. (3) ANCILLARY STRUCTURE. Auxiliary or subordinate elements that comprise a storm drainage system and may include ditches, curb inlets, yard inlets, channels, and pipes. (4) ARTERIAL STREET. A street that has the capacity to carry large volumes of traffic quickly and is designated as such on the major street plan. (5) BUILDING. Any structure having a roof, supported by columns or walls, for shelter or enclosure of persons or property. (6) BUILDING LINE. A line between which line and a street no building or structure may be erected. This line is derived based on the current zoning regulations for each district. (7) CITY. The City of Vermillion, South Dakota. (8) COLLECTOR STREET. A street that is a primary connector between arterial streets and is designated as such on the major street plan. (9) COMPREHENSIVE PLAN. Any legally adopted part or element of the Comprehensive Plan of the City of Vermillion. (10) CONTRACTOR. The person, or entity, who contracts with an individual or developer to construct a building, structure, or ancillary structure on a parcel of land. (11) CUL-DE-SAC. A local street with only 1 outlet having an appropriate terminal for safe and convenient reversal of traffic movement. (12) DEDICATION, DEDICATED or DEDICATE. A grant of land to the public for their perpetual use. (13) DETENTION BASIN. A facility within an urban development designed to hold stormwater runoff for various periods of time. (14) DEVELOPER. An owner or agent of an owner of property who desires to establish, alter, change or improve the use of property.

107 (15) DOUBLE FRONTAGE. A lot which abuts a street on 2 opposite sides (not a corner lot). (16) EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the property. (17) EASEMENT AREA MAINTENANCE AGREEMENT. Agreement describing the legal responsibilities for the repair and maintenance of the easement area and the required traffic signs or striping. (18) ENGINEERING DESIGN STANDARDS. Criteria and public right-of-way improvements of the City of Vermillion. (19) FRONTAGE ROAD. A street, usually parallel and adjacent to an arterial street, which is used for access to abutting property. (20) INTERIOR LOT LINE. A lot line which is shared with other properties (i.e. one s abutting neighbors). Street fronts, or other sides opening onto a public way, are not interior property lines. (21) JOINT JURISDICTIONAL ZONING AREA (JJZA). Zoning area defined by the Joint Jurisdictional Zoning Ordinance. (22) LATERAL DRAINAGEWAY. Open channels or storm sewers which carry storm runoff from streets, street crossings, culverts and/or storm sewers to major drainageways. (23) LOCAL STREET. A street intended to provide access to other streets from individual properties and not intended to be used for through traffic. (24) LOT. A piece, plot or parcel of land, or group of abutting and contiguous parcels of land, established by survey, plat or deed, occupied or to be occupied by a building, or a unit group of buildings and accessory buildings thereto, and having its frontage on a dedicated public street. (25) MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). Manual recognized as the national standard for all traffic control devices, and striping, installed on any street, highway, bike way, or private road open to public travel. (26) MAJOR DRAINAGEWAY. The main corridor for stormwater flow through developments. Major drainageways are identified as intermittent streams on USGS quadrangle maps, or as otherwise approved by the City Engineer. (27) MAJOR STORM EVENT. A term that describes a 100-year storm. (28) MAJOR STREET PLAN. The major street plan adopted through the transportation planning process approved by the City Council and incorporated into the Comprehensive Plan. (29) MINOR STORM EVENT. A term that describes a 5-year storm. (30) MONUMENT. A boundary marker of concrete, permanently planted and firmly fixed in the ground and placed so that the top of the monument is flush with natural ground. The monument shall be 6 inches in diameter or 6 inches square and 24 inches in depth. A steel rod, 5/8" x 12", shall be placed at the center point on the monument.

108 (31) PAVEMENT, PAVED. The surface of a street that forms a hard, firm, level surface for travel. It can be comprised of Portland cement, asphalt or a material approved by the City Engineer. (32) PLAN. A drawing created by a licensed engineer, or architect, showing information required for the construction of infrastructure or building. (33) PLAT. A map or representation of land subdivided into lots, parcels, tracts or blocks, including streets/roads, commons and public grounds, if any, all drawn to scale and complete with all irrevocable offers of dedication. (34) PRELIMINARY PLAT. Drawing or drawings indicating the proposed layout of the lots, blocks and public rights-of-way within a subdivision. (35) PRIVATE STREET/ROAD. A street or road that has not been dedicated, but rather reserved as public access to property. A private street/road is owned and maintained by the property owners which it serves. (36) PRIVATE ROAD EASEMENT. An easement granting the right to the public, and the city, to use a designated portion of property for common ingress and/or egress purposes. (37) REVERSE FRONTAGE LOT. A lot, among a group of double frontage lots, which contains a dwelling unit that is oriented in the opposite direction from the adjacent dwellings so that its front yard abuts the adjacent rear yards and its rear yard abuts the adjacent front yards. (38) RIGHT-OF-WAY. A strip of land occupied by a street, alley, road, railroad, pedestrian walkway or other special travel use. The use of the term right-of-way for platting purposes shall mean that every right-of-way hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or area of such lots or parcels. (39) RURAL. Territory outside of the city limits. (40) STRUCTURES. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs. (41) SUBDIVISION. The division of any tract or parcel of land into 2 or more lots platted for the purpose of transfer of ownership, or building development, whether future or immediate; or any division of land involving a new street or road regardless of parcel size or the number of parcels. (42) URBAN. Territory inside the city limits. (43) UTILITY EASEMENT. An easement granting the right to the city to use a designated portion of property for the installation, maintenance and access related to city utilities. (Ord. 1251, passed ; Am. Ord. 1278, passed ) GENERAL INFORMATION REGARDING PLATS AND DEVELOPMENT PLANS - URBAN.

109 (A) Requirement. Plats will be required whenever any subdivision of land is proposed, before any contract is made for the transfer of any part thereof, and before any permit for the erection of any structure in such proposed subdivision shall be granted, the developer, owner or an authorized agent shall apply for and secure approval of such proposed subdivision plat in accordance with the procedures set forth. (B) Recording, use and selling. (1) No owner or agent of the owner of any land located within a subdivision shall transfer or sell any land by reference to, exhibition of, or by the use of a subdivision plan before a plat of said land has been approved and recorded in the manner prescribed herein. (2) No local agency shall issue any permit or grant any approval necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this title. The authority to deny such a permit shall apply whether the applicant was the owner of record at the time of such violation or whether the applicant is the current owner of record or a vendee of the former owner pursuant to a sale with or without actual or constructive knowledge of the violation at the time of acquisition of an interest in said real property. (3) No local agency shall issue any permit or grant any approval necessary to construct any structures, or ancillary structures, within a development which does not have an approved final plan. (C) Types of plats and development plans. (1) Minor plat. All proposed lots shall be fronting an existing right-of-way and the area platted shall be 3 acres or less in size. The requirement of a preliminary plat will be waived with minor plats. The City Engineer will approve or disapprove the minor plats. The City Council will serve as the Board of Appeal in the instance that a minor plat is disapproved by the City Engineer. (2) Major plat. Plats containing any number of lots, but there is no existing right-of-way; typically contain 6 or more lots. Major plats require a preliminary and final plat prior to approval by the City Council. Both plats will be reviewed first by the city's Planning Commission. The City Council will only approve the final plat. (3) Replat. May contain any number of lots. If the replat contains less than 5 lots, and all lots front an existing right-of-way and the area to be platted is 3 acres or less, then the approval process is the same as for the minor plat; otherwise, procedures for the major plat will be followed. (4) Conceptual plans. Conceptual plans may be required with all major plats. Depending on size and proposed development, a conceptual plan may also be required by the City Engineer in concurrence with a minor plat or replat. A conceptual plan shall depict the concept of the proposed development. The plan shall show the general layout of streets/roads, street improvements, parks, trails, open spaces, sewerage, water systems, and any other utilities. A conceptual storm drainage study shall also be submitted as per the storm drainage design criteria or as required by the City Engineer. The conceptual plan shall be reviewed and approved by the City Engineer prior to the development being allowed to continue.

110 (5) Preliminary plans. As with conceptual plans, preliminary plans will be required of all major plats. This requirement may be waived for minor plats or replats. The preliminary plan shall consist of a general layout plan, grading plan, drainage plan, utility plan and a ground water control plan. These plans will be reviewed and approved by the City Engineer prior to the development being allowed to continue. (6) Final plans. Final plans will be required when a major plat is filed with the city. This requirement may be waived for minor plats or replats. The final plans shall consist of a general layout plan, grading plan, drainage plan, street/road plan, utility plan, ground water control plan, typical cross section sheets, construction detail sheets, road cross section sheets and specifications. These plans will be reviewed and approved by the City Engineer prior to the development being allowed to continue. (7) Filling fee. A filling fee shall be deposited at the City Engineer's Department for all minor plats, major plats and replats. The filling fee shall be set by City Council resolution. (Ord. 1251, passed ) GENERAL INFORMATION REGARDING PLATS AND DEVELOPMENT PLANS INSIDE THE JOINT JURISDICTIONAL ZONING AREA (A) Requirement. Requirements shall be the same as those required in (A). (B) Recording, use and selling. Requirements shall be the same as those required in (B). (C) Types of plats and development plans. (1) Plats may require a preliminary and final plat prior to approval by the City Council. Preliminary plats will be reviewed and approved by the city's Planning Commission. Final plats will be reviewed by the county's Planning Commission prior to approval of the City Council. (2) Replat. May contain any number of lots. Replat may follow the process described in (C)(2). (3) Filling fee. Requirements shall be the same as those in (C)(7) except that the applicant in addition will also have to pay any associated county platting fees. (Ord. 1251, passed ) MINOR PLATS - URBAN. (A) Scale, size and submittals. (1) The plat shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plat shall be drawn on an 11" x 17" sheet. (3) The developer shall submit 4 sheet copies and 1 Mylar copy to the City Engineer. All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (B) Information required.

111 (1) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said recorded subdivision. (2) The names of all adjacent subdivisions, all lot and block lines, types of easements and rights-of-way. Adjoining unplatted property shall be labeled as such. (3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots. (4) The location and width of all proposed and existing rights-of-way, alleys, and easements, as well as the location of any parks. A final storm drainage study as required by the storm drainage design and technical criteria manual shall be submitted for final approval. (5) The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision or a city recognized permanent monument which shall be accurately described on the plat. (6) The correct legal description, notation stating acreage, scale and north arrow. (7) Location of all monuments and permanent control points, and all property pins, either set or located. (8) The identification of any portions of the property intended to be dedicated or granted for public use such as school or parkland. (9) All dimensions, linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. All bearings and angles must be expressed in degrees, minutes and seconds. (10) The radii, chords, length or curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners. (11) The boundary lines of the floodway and 100-year flood zones, along with the base flood elevation on each lot as delineated on the flood insurance rate maps (FIRM). (12) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown. (13) Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks or other open spaces shown thereon and the granting of easements required. (14) All formal irrevocable offers of dedications for all streets/roads, alleys, parks and other uses as required. (15) City staff certificate recommending approval. (16) Certificates for the Director of Equalization, County Treasurer and Register of Deeds.

112 (17) Certificate for the owner attesting that they are the absolute owners of the property being platted. (C) Approval process. The plat shall be submitted to and approved by the City Engineer. The City Council shall serve as the Board of Appeals in the instance that the plat is denied by the City Engineer. (Ord. 1251, passed ) MAJOR PLATS - URBAN. (A) Scale, size and submittals. (1) The plat shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plat shall be drawn on an 11" x 17" sheet. (3) The developer shall submit 4 copies and 1 Mylar copy to the City Engineer. All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (B) Information required (this information shall be required for both preliminary and final plats). (1) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said recorded subdivision. (2) The names of all adjacent subdivisions, all lot and block lines, types of easements and rights-of-way. Adjoining unplatted property shall be labeled as such. (3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots. (4) The location and width of all proposed and existing rights-of-way, alleys, and easements, as well as the location of any parks. A final storm drainage study as required by the storm drainage design and technical criteria manual shall be submitted for final approval. (5) The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision or a city recognized permanent monument which shall be accurately described on the plat. (6) The correct legal description, notation stating acreage, scale and north arrow. (7) Location of all monuments and permanent control points, and all property pins, either set or located. (8) The identification of any portions of the property intended to be dedicated or granted for public use such as school or parkland. (9) All dimensions, linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements and other areas for public or private use. Linear

113 dimensions are to be given to the nearest 1/100 of a foot. All bearings and angles must be expressed in degrees, minutes and seconds. (10) The radii, chords, length or curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners. (11) The boundary lines of the floodway and 100-year flood zones, along with the base flood elevation on each lot as delineated on the flood insurance rate maps (FIRM). (12) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown. (13) Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks or other open spaces shown thereon and the granting of easements required. (14) All formal irrevocable offers of dedications for all streets/roads, alleys, parks and other uses as required. (15) City Council resolution recommending approval. (16) Certificates for the Director of Equalization, County Treasurer and Register of Deeds. (17) Certificate for the owner attesting that they are the absolute owners of the property being platted. (C) Approval process. (1) All major plats will follow preliminary and final plat procedures. (2) Preliminary plat. The preliminary plat will be subject to review and approval of the City Planning Commission. Prior to submittal to the City Planning Commission, the plat will be reviewed by the City Engineer. An approved preliminary plat shall be kept on file in the office of the City Engineer. Approval of the preliminary plat indicates approval of the development concept only, and it does not constitute an acceptance or approval of the subdivision plan or final plat. Therefore, no building permits shall be issued based upon approval of the preliminary plat. (3) Final plat. The final plat shall be submitted to the City Planning Commission for review and recommendation to the City Council. The City Planning Commission shall act upon the final plat within 30 days after the submission of the final plat to the City Engineer. If no action is taken within 30 days of submission, said final plat shall be deemed to have been recommended for approval and forwarded to the City Council for action. Building permits may only be issued once the plat has been recorded at the Register of Deeds. (D) Effective period of preliminary plat. The approval of a preliminary plat shall remain effective for a period of 3 years, at the end of which time approval of the plat or a portion thereof must again be obtained from the city. Any preliminary plat which has not received full approval for all its content within 3 years may be declared void and the applicant will be required to resubmit a new preliminary plat for review and approval subject to any new subdivision regulations.

114 (E) Revisions to preliminary plat. Amendments to an approved preliminary plat may be submitted at any time, during its effective period, by the developer. Minor changes, such as street or subdivision names, lot lines, easements, drainage or lot and block number, may be approved by the City Engineer. Major changes, such as a change in street layout, open space or parkland dedication, number of lots or perimeter boundaries, will follow the procedure for approval of a preliminary plat as required in this section. (Ord. 1251, passed ) PLATS INSIDE OF THE JOINT JURISDICTIONAL ZONING AREA. (A) Scale, size and submittals. Requirements shall be the same as those required in (A) except: (1) The developer shall submit 5 sheet copies and 1 Mylar copy to the City Engineer. (2) All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (B) Information required. Requirements shall be the same as those required in (B) with the following additions: (1) Certificate for Clay County Planning Commission approval. (2) Certificate of Township Street Authority. (3) Certificate of Approval by the Highway Authority. (C) Approval process. (1) All plats will follow preliminary and final plat procedures. (2) The City Engineer shall submit a copy of the preliminary plat to the County Zoning Administrator within 5 working days of receipt. (3) Preliminary plat. The preliminary plat will be subject to review and approval of the City Planning Commission. The approved preliminary plat shall be kept on file in the office of the City Engineer. Approval of the preliminary plat indicates approval of the development concept only, and it does not constitute an acceptance or approval of the subdivision plan or final plat. Therefore, no building permits shall be issued based on the approval of the preliminary plat. (4) Final plat. The final plat shall be submitted to the County Planning Commission for its review and recommendation to the City Council. The County Planning Commission shall act upon the final plat within 45 days after the submission of the final plat to the City Engineer. If no action is taken within 45 days of submission, said final plat shall be deemed to have been recommended for approval and forwarded to the City Council for action. If the County Planning Commission recommends disapproval, a vote of ¾ of the membership of the City Council is required to approve the plat. Building permits may only be issued once the plat has been recorded at the Register of Deeds and a final development plan has been approved by the City Engineer. (D) Effective period of preliminary plat. Requirements shall be the same as those required in (D).

115 (E) Revisions to preliminary plat. Requirements shall be the same as those required in (E). (Ord. 1251, passed ) REPLATS - URBAN. (A) A replat will only be required in specific situations. Circumstances, such as: (1) An existing lot will be further divided into multiple buildable lots. (2) Two or more existing lots, either defined by legal descriptions or plats, will be utilized for proposed construction. The building line shall not cross an existing lot. (3) If the depth of the lot allows for a portion of the property to be built without the front of the property being utilized, or without the dedication of a mutual access easement and agreement. (4) If a building permit is required for construction on a parcel that has been purchased by legal description, but not properly platted. (5) An application is made for building permits, if the description given for the lots on the building permit application shows the property lines to be different from the platted lot lines. (B) Scale, size and submittals. (1) The plat shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plat shall be drawn on an 11" x 17" sheet. (3) The developer shall submit all required copies to the City Engineer. All copies shall be signed by the owners and be sealed and signed by a registered land surveyor in the State of South Dakota. (C) Information required. (1) The proposed name of the subdivision. The name shall not duplicate, be the same in spelling or alike in pronunciation with the name of any other recorded subdivision, unless it is an extension of or adjacent to said recorded subdivision. (2) The names of all adjacent subdivisions, all lot and block lines, types of easements and rights-of-way. Adjoining unplatted property shall be labeled as such. (3) A systematic lot and block numbering pattern, lot lines and street names, and the square footage of all lots. (4) The location and width of all proposed and existing rights-of-way, alleys, and easements, as well as the location of any parks. A final storm drainage study as required by the storm drainage design and technical criteria manual shall be submitted for final approval. (5) The boundary lines of the area being subdivided with accurate angles or bearings and distances tying the perimeter boundaries to the nearest established street line, section corner, other previously described subdivision or a city recognized permanent monument which shall be accurately described on the plat.

116 (6) Location of all monuments and permanent control points, and all property pins, either set or located. (7) The identification of any portions of the property intended to be dedicated or granted for public use such as school or parkland. (8) All dimensions, linear and angular, necessary for locating the boundaries of the subdivision lots, streets/roads, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. All bearings and angles must be expressed in degrees, minutes and seconds. (9) The radii, chords, length or curve, point of tangency and central angles for all curvilinear streets/roads and radii for rounded corners. (10) The boundary lines of the floodway and 100-year flood zones, along with the base flood elevation on each lot as delineated on the flood insurance rate maps (FIRM). (11) Any replat containing lots which contain an existing structure into separate lots shall include existing building outlines to verify setback requirements. Any other replat of lots containing existing structures shall certify that the replat meets all requirements including adequate setbacks and lot area. (12) The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all pins and monuments shown. (13) Acknowledgment of the owner or owners of the plat of any restrictions, including dedication to public use of all streets/roads, alleys, parks or other open spaces shown thereon and the granting of easements required. (14) All formal irrevocable offers of dedications for all streets/roads, alleys, parks and other uses as required. (15) City Council resolution recommending approval. (16) Certificates for the Director of Equalization, County Treasurer and Register of Deeds. (17) Certificate for the owner attesting that they are the absolute owners of the property being platted. (D) Approval process. The plat shall be submitted to the City Engineer for review. Based upon the number of lots contained in a replat, the approval process will either follow the minor plat procedure or the major plat procedure. (Ord. 1251, passed ) REPLATS - INSIDE THE JOINT JURISDICTIONAL ZONING AREA. (A) A replat will be required as follows: Requirements as those in (A). (B) Scale, size and submittals. Requirements as those in (B). (C) Information required. Requirements as those in (C), with the following additions:

117 (1) Certificate for Clay County Planning Commission approval. (2) Clay County Commissioners' resolution recommending approval. (3) Certificate of Township Street Authority. (4) Certificate of Approval by the Highway Authority. (D) Approval process. The plat shall be submitted to the City Engineer for review. Depending on the location, either the outside of JJZA or inside of JJZA platting procedures will be followed. (Ord. 1251, passed ) CONCEPTUAL PLANS - URBAN. (A) Conceptual plans are required. (1) In conjunction with a major plat. (2) In conjunction with minor plats or replats, depending on the size of the lots and the anticipated planned development expected to occur within the area planned to be developed, the conceptual plan is at the discretion of the City Engineer. (3) In conjunction with a Planned Development District. (B) Scale, size and submittals. (1) The conceptual plans shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plans shall be drawn on an 11" x 17" sheet. (3) The developer shall submit all required copies to the City Engineer. All copies shall be signed and be sealed by a registered professional engineer in the State of South Dakota. (C) Information required. (1) General layout of the streets and roads. (2) Proposed street improvements. (3) Proposed sanitary sewer, water system, storm sewer, street lighting improvements. (4) Proposed parks, open spaces and trails. (D) Approval process. The conceptual plans shall be reviewed and approved by the City Engineer before the proposed development proceeds to the preliminary plan stage. (Ord. 1251, passed ) PRELIMINARY PLANS - URBAN. (A) Preliminary plans are required: (1) Following the City Engineer's approval of a conceptual plan, in conjunction with a preliminary plat stage of the major plat procedure.

118 (2) In conjunction with minor plats or replats, depending on the size of the lots and anticipated planned development, preliminary plans are at the discretion of the City Engineer. The preliminary plans are to be submitted to the City Engineer after the conceptual plan has been approved. (3) In conjunction with a planned development district. (B) Scale, size and submittals. (1) The preliminary plans shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. (2) The plans shall be drawn on an 11" x 17" sheet. (3) The developer shall submit all required copies to the City Engineer. All copies shall be signed and be sealed by a registered professional engineer in the State of South Dakota. (C) Information required. (1) Preliminary plans shall consist of the following plan sheets: (a) General layout plan. The general layout plan shall show the proposed road alignments along with the sidewalks curb and gutter, proposed lots and any existing features that will remain in place after development is completed. (b) Grading plan. The grading plan shall show the existing contours with intervals acceptable to the City Engineer's office. Any proposed cut and fill operations must also be shown if they will substantially alter existing land elevations. (c) Utility plan. The utility plan shall show all sanitary sewer locations, size, flow direction, approximate manhole locations and invert elevations, lift stations and connection to the existing system. The water main layout shall show the pipe location and size, hydrant and valve location and connection to the existing system. The street lighting layout shall show the street light pole locations and street light wattage. (d) Drainage plan. A preliminary storm drainage study as required by the storm drainage design and technical criteria manual, or by the City Engineer, shall be submitted for preliminary approval. The drainage plan shall also indicate which downstream drainageways or detention basins will be affected by the full development of the subdivision. (e) Groundwater control plan. Groundwater elevations shall be required wherever it is deemed necessary by the City Engineer to establish a finished grade for the proper development of the subdivision. When elevations are required, the method of groundwater collection shall be indicated for all lots prior to development. Dewatering for the purposes of establishing a lower finished grade is prohibited. Buildings with crawl spaces or slab-on-grade construction are exempt from groundwater collection requirements. (D) Approval process. The preliminary plans shall be reviewed and approved by the City Engineer before the proposed development continues to the final plan stage. (Ord. 1251, passed ) FINAL PLANS - URBAN.

119 (A) Final plans are required: (1) Following the City Engineer's approval of the conceptual and preliminary plans, and in conjunction with the final plat stage of the major plat process. (2) In conjunction with minor plats or replats, depending on the size of the lots and anticipated planned development, the final plan is at the discretion of the City Engineer. Final plans are to be submitted to the City Engineer after the conceptual and preliminary plans have been approved. (3) In conjunction with a planned development district. (B) Scale, size and submittals. (1) The final plans shall be at a scale of 50, 60, 100 or 200 feet to 1 inch. Profile views shall be a tenth of the plan view scale (i.e. 1" = 50' plan view requires a 1" = 5' profile view). (2) The plans shall be drawn on an 11" x 17" sheet. (3) The developer shall submit all required copies to the City Engineer. All copies shall be signed and be sealed by a registered professional engineer in the State of South Dakota. (C) Information required. Final plans are to be utilized during construction of the development, as such, they must provide the contractor sufficient information for construction of all infrastructure (locations, elevations, and any pertinent notes). Final plans shall, at a minimum, consist of the following plan sheets and supplemental plan sheets may be required depending on specific circumstances of a development: (1) General layout plan. The general layout plan shall show the proposed road alignments along with the sidewalks curb and gutter, proposed lots and any existing features that will remain in place after development is completed. (2) Grading plan. The grading plan shall show the existing contours with intervals acceptable to the City Engineer's office. Any proposed cut and fill operations must also be shown if they will substantially alter existing land elevations. (3) Drainage plan. A final storm drainage study as required by the storm drainage design and technical criteria manual, or by the City Engineer, shall be submitted for final approval. The drainage plan shall also indicate which downstream drainageways or detention basins will be affected by the full development of the subdivision. A plan and profile of the proposed storm sewer system shall also be included. The storm sewer shall be in relation to the centerline of the street. (4) Street/road plan. The street/road plan shall show the proposed street alignments along with curb and gutter and sidewalks. The centerline shall be stationed at critical locations. The curb and gutter shall be stationed and offset based on the stationing used on the centerline. Elevations shall also be included for the curb and gutter at critical locations (i.e. intersections crest and sag vertical curves). Along with the plan view of the street or road, plans shall also depict the centerline profile along with the curb and gutter flow line profile at intersections and at crest and sag vertical curves. Existing and proposed centerline elevations shall be included on the plan sheets.

120 (5) Utility plans. Separate plans for all municipal utilities (water, sanitary and street lighting) will be required. The plans shall show the proposed utility in relation to the centerline of the proposed street. The plan view shall show the proposed utility line, all of the structures associated with such utility and the location of all services. The profile view shall show the elevations of the proposed utility along with the location, and elevations, of any intersecting utility. A separation distance shall be shown on the profile view for all conflicts between utilities. The street lighting plan shall be completed as per current city standards. (6) Typical cross section sheets. Typical cross section sheets shall show the proposed typical cross section's width along with the right-of-way and the proposed pavement section. The existing street cross section will also be shown along with the existing pavement section. Any dimensions will be in relation to the proposed street centerline. Developer may only use an already approved typical cross section. (7) Construction detail sheets. Construction detail sheets shall show all details needed for construction of all infrastructure improvements. The developer shall utilize the approved details, as well as additional details required by the City Engineer prior to construction. (8) Road cross section sheets. Road cross sections shall be shown every 50 feet based on the centerline stationing. In addition, cross sections shall be shown at the start and end of any horizontal and vertical curves along with cross sections every 25 feet. A cross section shall also be placed at intersections, driveways and culverts. (9) Groundwater control plan. Groundwater elevations shall be required where it is deemed necessary by the City Engineer to establish a finished grade for the proper development of the subdivision. When elevations are required, the method of groundwater collection shall be indicated for all lots prior to development. Dewatering for the purposes of establishing a lower finished grade is prohibited. Buildings with crawl spaces or slab-on-grade construction shall be exempt from groundwater collection requirements. (10) Construction specifications. Construction specifications shall be in accordance with the city, the South Dakota Department of Transportation or any other previously approved construction specification. (D) Approval process. The final plans shall be reviewed and approved by the City Engineer prior to the proposed development being constructed. No building permit shall be issued until a final plan has been approved by the City Engineer. (Ord. 1251, passed ) GENERAL INFORMATION REGARDING DESIGN STANDARDS - URBAN. Design standards to be used. (A) Unless otherwise specified within these regulations, the developer shall utilize the following recognized standards: (1) AASHTO. (2) MUTCD. (3) SD DOT.

121 (4) SD DENR. (5) Clay County Design Standards. (B) The City Engineer may require additional standards to be utilized depending on the circumstances of the development. (Ord. 1251, passed ) LAND DESIGN - URBAN. (A) Blocks. (1) The lengths, widths and shapes of blocks shall be determined with regard to the following: (a) Provision of adequate building sites suitable to the special needs of the type of use contemplated. (b) The need for convenient access, circulation, control and safety of traffic and utilities. (c) Limitations and opportunities of topography. (2) Block lengths shall not exceed 1,000-feet and shall normally be wide enough to allow 2 tiers of lots of an appropriate depth. (B) Lots. (1) Lot dimensions shall be appropriate for the location of the subdivision and conform to the requirements of the city zoning regulations. (2) Corner lots for residential use shall have extra width to permit appropriate building setbacks from both sides. (3) All interior lot lines shall be a straight line or a series of straight lines. Curved interior lot lines are prohibited. (4) Side lot lines shall be at right angles to the street. (5) Each lot shall abut to a dedicated street right-of-way, or shall include an approved private street, or shall include a mutual access easement. (6) Whenever residential lots abut an existing or proposed arterial street, they shall be double frontage lots in order to provide access off a road with a lower classification. (7) Lot development that creates reverse frontage lots is prohibited. The required front yard shall be on the same side as the neighboring properties. (8) Lots abutting major drainageways, detention basins or a railroad right-of-way shall be designed with an increased depth to allow for extra setback. (C) Public parks and open spaces. Where a proposed park, playground, school or other public use, shown in the comprehensive development plan, is located in whole or in part in a subdivision, the City Planning Commission may require the reservation or option acquisition by the appropriate public agency of the right to purchase such an area within the subdivision.

122 Necessary information related to the possible sale or transfer of land to a public agency shall be as follows: (1) The size and location of the parcel and its relationship to the subdivision design and purpose. (2) The topography of the parcel to include elevations, drainage, wetlands, floodplains, soil suitability, tree cover and other vegetation. (D) Utility easements. (1) All easements for utilities shall be shown on the final plat. (2) Standard utility easements shall be 8 feet in total width. Each lot shall have an 8 foot easement around the perimeter of the property and within the lot. (3) Easements wider than 8 feet shall be noted on the final plat. (4) Easements along lot lines shall be arranged in such a manner as to eliminate unnecessary jogs or offsets and to facilitate the distribution of all utilities. (5) Easements shall conform substantially to the boundaries of watercourses, drainageways, channels and streams and shall have adequate width for proper access and maintenance. (E) Maintenance agreements. Where a subdivision contains sewers, lift stations, water supply systems, park areas, road systems or other facilities or services which are necessary to the area, and which are of common use or benefit and which are not accepted for maintenance by an existing public agency, provisions shall be made by written agreement for the proper and continuous maintenance and supervision of such facilities. A signed copy of the agreement shall accompany every plat having a facility or service covered by such an agreement. (F) Final drainage plan. The final drainage plan for the subdivision shall conform to the city approved master drainage plan. If a master drainage plan is not available for a proposed subdivision location, and, if the city deems it necessary, a drainage study will be conducted by the city for the drainage basin of which the proposed subdivision is part. All drainage facilities including storm sewers, on-site detention, drainageways, detention ponds and detention channels shall be designed in compliance with approved engineering design standards and are subject to approval of the City Engineer. (G) Final grading plan. The final grading plan shall, as much as possible, be designed to conform to the natural contours of the land. The plan shall be submitted to and approved by the City Engineer. (H) Erosion. Wherever possible, development plans should coincide with the existing topography in order to create the least erosion potential. Stripping of vegetation, duration of exposure, regrading and cut and fill operations should be kept to a minimum. Erosion from developments or individual building sites shall be prevented from being deposited on public streets or other adjacent property. Public ditches and drainageways shall not be disturbed without prior approval of the City Engineer. (I) Preservation of natural landscape. Existing natural features such as trees, water courses or similar amenities, which would add value to a development or to the community as a whole,

123 should, to the extent possible and practical, be preserved and integrated into the design of the subdivision. Sensitive environmental areas shall be reviewed with regard to promoting harmonious design. (Ord. 1251, passed ) STREETS - URBAN. (A) All public street improvements, including pavement width, street grades, alignment and visibility, intersections and access shall be designed in accordance with standard accepted engineering practices and are subject to the approval of the City Engineer. (B) Street system coordination and arrangement. (1) The arrangement of streets in new subdivisions shall conform to the major street plan or the comprehensive plan. (2) Provisions shall be made for the continuation of existing streets in adjoining areas or their proper extension where adjoining land is not subdivided. (3) Whenever new streets are proposed which have not been included in the major street plan in the comprehensive plan, amendment of the major street plan to include these new streets is required first. (4) As a general rule, collector streets shall be located every half mile, and there should be a street connecting adjacent subdivisions at appropriate intervals where topographical and land use considerations permit. (5) The arrangement of all streets and alleys shall be such as to minimize hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. (6) In undeveloped or vacant areas, streets shall be identified and classified through the transportation planning process. The location of major streets shall conform to the major street plan. (C) Street names. (1) Streets in alignment with existing streets shall bear the names of those streets. (2) No street names shall be used which will duplicate, be the same in spelling or alike in pronunciation with any other existing streets. All street names should be kept as short as possible to permit signs to be no longer than 30 inches. (3) Street name suffixes shall be applied as follows: (a) Street and road. These suffixes shall be used for roads running either east and west or north and south. (b) Avenue. A road running north to south. (c) Lane. A road running northeast to southwest. (d) Drive. A road running northwest to southeast.

124 (e) Trail. A road that wanders in different directions. (f) Circle. All cul-de-sacs. (g) Court. A road with 2 openings that enter and exit onto the same road. (h) Place. All private roads. (i) Parkway. Limited access roads that are divided by a median. (j) Boulevard. A local street divided by a median. (4) The prefix of all cul-de-sacs shall, whenever possible, match the prefix of the intersecting road. (5) When, due to topography, offsets cause streets to become interrupted, sixteenth-line, quarter-line and section line streets shall retain the same name on either side of the irregularities. (6) Subdivision names shall not duplicate, be the same in spelling or alike in pronunciation with any existing subdivision names, and shall be subject to the approval of the City Engineer. (D) Design standards. (1) The developer shall be responsible for dedication of all right-of-way widths according to the major street plan. (2) A tangent at least 100 feet long shall be placed between reverse curves on arterial and collector streets; on all other streets the tangent shall be at least 50 feet long. (3) Alleys are permitted in commercial and industrial districts when no other reasonable provision is made for service access, such as off-street loading, unloading, and parking consistent with the requirements set forth in the zoning ordinance. (4) Alleys are permitted in residential districts when conditions warrant an alternative means of access. However, an alley shall never be proposed as a primary form of access. (5) Dead-end alleys shall be avoided, but if unavoidable, they shall be provided with a turnaround as determined by the City Engineer. (6) Whenever an existing half-street is adjacent to a tract being subdivided, the other half of the street shall be platted within the subdivision. (7) A subdivision may show ½ of a street along adjoining property which has not been subdivided, but no building permit may be issued for any lot abutting on the undedicated halfstreet. (8) Cul-de-sacs and eyebrows will be allowed where they are necessary for the reasonable development of a subdivision. The maximum length of a cul-de-sac should not exceed 500 feet measured along the centerline, between the radius point of the turnaround and the right-of-way line of the abutting street. The maximum length of a cul-de-sac may be extended where no other practical alternative is available for the reasonable development of a subdivision. Temporary turnarounds may also be required by the City Engineer on dead-end streets that will eventually be continued. No more than 50 dwellings will be allowed on a cul-de-sac of 500 feet in length.

125 (9) Where street jogs are unavoidable, the right-of-way offset shall not be less than 100 feet. (10) Streets shall be laid out in such a manner that they intersect, as nearly as possible, at right angles and no street shall intersect any other street at less than 80 degrees. (11) Private streets or roads, if allowed, shall meet the following requirements: (a) Private streets shall be paved by the developer to a width of not less than 23 feet measured from back-of-curb to back-of-curb, and maintained in a passable condition. Greater width may be required when necessary. All private streets/roads must provide a minimum height clearance of 14' 6". (b) The property owner(s) or agent shall place street signs on all private streets or compensate the city to place street signs for private streets at the locations the City Engineer deems necessary for the safety and convenience of the public. Street signs shall meet all current MUTCD standards and are subject to the approval of the City Engineer. (c) Buildings located adjacent to a private street or road shall be addressed in accordance with City of Vermillion Code of Ordinances. (d) Building setback requirements shall meet the current zoning ordinance. (e) Private streets or roads shall be indicated on the plat as a mutual access easement and shall not be included as part of any required lot area or setback. (f) Any private street or road approved by the city shall provide permanent unobstructed access to the area it serves. The erecting of any structure within or adjacent to the private street or road which would in any way interfere with the use of such private street or road by the public or any governmental agency will not be permitted. (g) Any plat presented for city approval which shows a private street or road as a means of access shall include language in the owner s certificate providing for a mutual access easement. (h) The city will not subsequently accept a private street or road for dedication unless and until it is compliant with the city standards, providing adequate rights-of-way without requiring variances for setbacks. (12) When the traffic impact of 1 or more proposed property developments indicates that the public safety can be better served by the use of mutual access easements, the following requirements shall be observed. (a) Any mutual access easement accepted by the city must provide for perpetual unobstructed access to the area it serves, and shall prohibit the erection of any structure within or adjacent to the access area which would interfere with the use of the mutual access easement by the public or any governmental agency. (b) Mutual access easements shall be indicated on the plat. (c) Any plat presented for city approval which shows a mutual access easement as a means of access shall provide language in the owner s certificate reserving the mutual access easement as a perpetual unobstructed access easement.

126 (d) Mutual access easement areas shall be paved by the developer and maintained in passable condition. Designs for mutual access easements must be approved by the City Engineer. An easement area maintenance agreement among property owners who will use the mutual access easement for access shall be filed with the plat. The agreement shall describe the legal responsibilities for the repair and maintenance of the easement area and the required signs. (13) The developer/owner may be required to place traffic control signs, or striping, on mutual access easements or to compensate the city for traffic control signs, placement, for mutual access easements, and striping at the locations the City Engineer deems necessary for the safety and convenience of the public. Traffic control signs and striping shall be approved by the City Engineer and in accordance with the current MUTCD standards. (14) Sidewalks shall be constructed in accordance with Chapter 96 of the City of Vermillion s Code of Ordinances. (15) The developer shall submit a geotechnical report to the city. The study shall include soil boring information; laboratory results for moisture content; dry density and Atterberg limits; opinions and recommendations regarding utility excavation procedures, site preparation and excavation/filling procedures; comments regarding constructability and final performance of the project, and recommendation for Portland cement pavement sections. Recommendations for private streets may include an asphalt pavement section equivalent to the recommended Portland cement pavement section. (16) The roadway shall consist of Portland cement pavement. At no point will the pavement section be less than 6 inches on local streets and 8 inches on collector or arterial streets. The base course shall be, at a minimum, 6 inches thick for either a local, collector or arterial street. DESIGN ELEMENTS ARTERIALS COLLECTORS LOCAL FRONTAGE ROAD PRIVATE ROAD EASEMENT CUL- DE- SAC ALLEY RIGHT-OF- WAY (FT) (SEE NOTE 20 1 & 2) DESIGN SPEED (MPH) PARKING ALLOWED NONE SEE NOTE 1 SEE NOTE 1 SEE NOTE 1 SEE NOTE 1 SEE NOTE 1 NONE Note:

127 1. On-street parking will be determined based on zoning and neighborhood characteristics. 2. Minimum radius right-of-way of 55 feet. (E) Access to streets and roads. (1) Access to Streets and Roads (a) Street Access a. Permit. Before any new driveway is connected to a street or an existing driveway approach is modified, a permit shall be obtained from the city. The permit shall be signed by the property owner or owner representative. b. Specifications. All driveways shall be constructed according to the current details and specifications, on file with the City Engineer. The City Engineer, if necessary, may vary them, as long as the public s safety, street maintenance and traffic capacity are not compromised. c. Widths i. Residential and Commercial Uses 1. The maximum width shall be 36-feet, except as follows: a. For attached single-family homes (townhouses) and attached two-family dwellings (duplexes) that have garages less than 16-feet from each other the access at the street shall be a shared access between the townhouses, or duplexes, and the width of the shared access shall be no more than 48-feet. If the garages are 16-feet, or more, from each other, then the street access may not be shared and the maximum width shall be 36-feet per street access. 2. The distance shall be measured at the property line and does not include the taper lengths, or radii, at the street. ii. Industrial Uses 1. The maximum width shall be 50-feet. This distance shall be measured at the property line and does not include the taper lengths, or radii, at the street. d. Number and Location of Access Points i. Local Streets 1. Some properties fronting these roads may be required to have shared access points with the adjacent lots. Access shall be determined by the City Engineer. At no point shall the access be wider that that mentioned section (E).(1).(a).c. 2. Interior and Corner Lots a. One access point shall be permitted per frontages less than 200-feet in length. b. Two access points shall be permitted per frontages 200- feet long but less than 400-feet in length. c. Three access points shall be permitted per frontages 400- feet or longer in length.

128 d. Access points located on the same frontage may not be closer than 85-feet from each other (measured from the edge of proposed driveway). e. When multiple access points are permitted, they should be located on the frontage with the necessary length. f. Access points shall be at least 40-feet from the right-ofway of the cross street to the closest edge of the driveway access at the property line. ii. Collector Streets 1. Access to collector streets shall be limited and strictly enforced. In some instances, access from these streets may not be allowed. Properties fronting these roads may be required to have shared access points with adjacent lots, limited movement driveways, frontage roads, or backage roads. Access shall be determined by the City Engineer. At no point shall the access be wider that that mentioned on section (E).(1).(a).c. 2. Interior Lots (lots with one frontage) a. One access point shall be permitted per frontages less than 200-feet in length. b. Two access points shall be permitted per frontages 200- feet long but less than 500-feet in length. c. Three access points shall be permitted per frontages 500- feet or longer in length. d. Access points located on the same frontage may not be closer than 85-feet from each other (measured from the edge of proposed driveway). e. Access points shall be at least 60-feet from the right-ofway of the cross street to the closest edge of the driveway access at the property line. 3. Corner Lots (lots with two or more frontages) a. Access to the collector street will not be allowed if access is available from a local street. b. Access from the local street shall follow the requirements for that classification. c. When a lot fronts a collector street on both sides the access point shall only be allowed from the collector street with the longest frontage. d. When multiple access points are permitted, they should be located on the frontage with the necessary length. iii. Arterial Streets 1. Access to arterial streets shall be limited and strictly enforced. In some instances, access from these streets may not be allowed. Properties fronting these roads may be required to have shared access points with adjacent lots, limited movement driveways, frontage roads, or backage roads. Access shall be determined by

129 the City Engineer. At no point shall the access be wider that that mentioned on section (E).(1).(a).c. 2. Interior Lots (lots with one frontage) a. One access point shall be permitted per frontages less than 200-feet in length. b. Two access points shall be permitted per frontages 200- feet long but less than 500-feet in length. c. Three access points shall be permitted per frontages 500- feet or longer in length. d. Access points located on the same frontage may not be closer than 85-feet from each other (measured from the edge of proposed driveway). e. Access points shall be at least 100-feet from the right-ofway of the cross street to the closest edge of the driveway access at the property line. 3. Corner Lots (lots with two or more frontages) a. Access to the arterial street will not be allowed if access is available from a local or collector street. b. Access from the local or collector street shall follow the requirements for that classification. c. When a lot fronts an arterial street on both sides the access point shall only be allowed from the collector street with the longest frontage. d. When multiple access points are permitted, they should be located on the frontage with the necessary length. iv. Streets within the State s Jurisdiction 1. An access permit from the State of South Dakota shall be obtained prior to obtaining one from the City. 2. In addition to any State of South Dakota requirements for the access point, the applicant shall also meet the City requirements for specifications, access widths, and number and location of access points WATER FACILITIES - URBAN. (A) The developer shall take the action necessary to create or extend a water supply system capable of providing domestic water use and fire protection to the entire subdivision. (B) Where a public water main is accessible, the developer shall install adequate water facilities (including fire hydrants) subject to the specifications of the City Engineering Department. (C) Water main extensions shall be approved by the City Engineering Department. If the water main is extended adjacent to property that will not participate in the initial construction cost of the water main, the developer shall submit to the department a cost recovery study. The study shall be based upon the actual construction costs showing the amount due from each property when a connection is made to the extended water main. To facilitate the study, the

130 location of all fire hydrants, all water supply improvements, and the boundary lines of proposed districts shall be shown on the preliminary water and sewer plan. (D) Land, which is located over or adjacent to a water bearing stratum or water supply reservoir that is designated as an area providing or supplementing the municipal water supply, shall remain undeveloped and unsubdivided unless public water and sewer systems are provided. (E) All water facilities including water mains, valves, fire hydrants, storage facilities and pumping stations shall be subject to the approval of the City's Engineering Department. (Ord. 1251, passed ) SANITARY SEWER FACILITIES - URBAN. (A) Each lot within a subdivision area shall be provided with a connection to an approved public sanitary sewer. Exception: In areas where a public sanitary sewer is not reasonably accessible, but such area is included in the comprehensive plan, the developer shall install sewage systems in conformance to the wastewater regulations of the State of South Dakota and all other local applicable rules and regulations. (B) In cases where a connection to an existing public sanitary sewer may not be immediately practical, a connection may be made to a gravity sewer system by the use of a lift station constructed in accordance with the regulations and requirements set forth by the City Engineering Department. (C) All sanitary sewer facilities, including gravity sewers, manholes, lift stations and force mains, shall be designed in accordance with standard accepted engineering practices and are subject to the approval of the City Engineering Department. (Ord. 1251, passed ) SUMP PUMPS - URBAN. (A) The following provisions pertain to structures built after June, 2011 and to any construction on an existing structure that affects the drainage system of that structure. (B) New construction with basements, or a usable crawl space, shall have a drain tile placed around the inside or outside perimeter of the foundation connected to a sump pit. All baseboard seepage collection systems shall be discharged to the sump pit. The sump pit shall be located at least 10 feet away from the inside sanitary floor drain. (C) Buildings with existing sump pumps or drain lines shall construct a discharge line. The line shall be installed to the outside wall of the building with rigid plastic pipe. The discharge pipe must have a check valve within 1 foot of the floor grade and union or other approved coupling for easy disconnection for repair or replacement. The discharge line shall extend at least 3 feet outside of the foundation wall, and no closer than 5 feet from any sidewalk. (D) Alternate method of installation. The discharge pipe may be connected directly to the public storm sewer system provided the discharge is at a higher elevation than the normal flow level and that an approved backflow prevention device is installed. A permit is required for the construction of a discharge pipe which is connected directly to the storm sewer system.

131 (E) At no point shall the discharge line discharge 10 feet from an adjacent property. No discharge shall be directed so as to impact neighboring properties. (F) Discharging into the street, alley or over the sidewalk will not be allowed during the months of November through March of the year. (G) Curb cuts for discharge lines will only be allowed in situations where there is no public storm sewer system within 100 feet of the property. The discharge line shall be placed under the sidewalk and through the back of the curb. If a storm sewer system is constructed at a later date the owner shall be required to connect to new sewer during construction or within a year. The cost for connecting to storm sewer will be borne by the property owner. (Ord. 1251, passed ) GENERAL PROVISIONS AND ASSURANCES - URBAN. (A) Conformity with other plans and ordinances. All subdivision plans and plats shall comply with the following additional laws, ordinances and regulations: (1) The comprehensive plan of the city and the policies set forth therein. (2) The zoning regulations of the city. (3) The major street plan. (4) SDCL Approval of access to street or highway prerequisite to filing plat. (5) Other plans which may be or have been adopted that would affect the subdivision and use of land, such as those contained in SDCL Ch and (B) Interpretation, abrogation and severability. In interpreting and applying the provisions of this chapter, these regulations are the minimum requirements for the promotion of public safety, health and general welfare. It is not the intent of this chapter to repeal, abrogate or impair any existing easement, covenant or deed restriction. Where these provisions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (C) Amendments. For the purpose of providing for the health, safety and general welfare of the community, the City Council may from time to time amend the provisions imposed by these subdivision regulations in the manner prescribed by law. (D) Variances. (1) The City Council may reduce or otherwise vary the requirements of these regulations whenever it encounters a situation described below. In granting such variances, the City Council may require whatever conditions deemed necessary to secure the basic objectives of the particular regulations. The variances and waiver may be granted by the vote of ¾ of the City Council. Any variance granted by the City Council shall be noted in its official minutes. (2) Unwarranted hardship. Whenever the City Council finds that unwarranted hardships or particular difficulties may result from strict compliance with these regulations, it may, after written application by the developer, grant variances to the regulations subject to specified conditions so that substantial justice may be done and the public interest secured. Such variances shall not have the effect of nullifying the intent and purpose of these regulations or the

132 comprehensive plan. The City Council shall not grant variances to these regulations unless it makes findings based upon the evidence presented in each specific case on the following criteria: (a) Because of unusual surroundings, shape or topographical conditions of the specific property, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were adhered to. (b) The conditions upon which the request for a variance is based are unique to the property and are not applicable, generally, to other property and have not been created by any person having an interest in the property. (c) The purpose of the variance is not based exclusively upon a desire for financial gain. (d) The granting of the variance will not be detrimental to the public's health, safety or welfare or injurious to property or improvements in the neighborhood in which the property is located. (3) Large scale residential developments. The standards and requirements of these regulations may be modified by the City Council in the case of a plan for a new residential neighborhood which, in the judgment of the City Council, complies with the objectives of the comprehensive plan and city zoning regulations. (4) Design innovations. From time to time subdivisions may be designed to provide unusual amenities and at the same time fail to conform strictly to the provisions of these regulations. The City Council may waive certain requirements of these regulations in approving subdivisions involving detailed and workable design innovations that would yield an enhanced living environment for future occupants. (E) Developer agreements. No plat, plats of any subdivision, or building permits shall be approved unless the street, sidewalks, water lines, sanitary sewer lines, storm sewer lines, alleys, streetlights, or any other public improvement required by this chapter have been constructed along the property s frontage prior to such approval or unless the developer shall have signed a developer agreement to establish the responsibility for the construction of such improvements in a satisfactory manner as specified by the City Engineering Department and the City Council. A developer agreement shall also be required if the construction of multiple apartment units will be constructed in a phased approach. The agreement will require that any drainage infrastructure is constructed prior to the construction of the second building, or the start of the second phase, whichever is first. The developer agreement shall be recorded with the register of deeds at the time of the filing of the plat. (Ord. 1251, passed ) ENFORCEMENT - URBAN. Authority. (A) The City Engineering Department shall have the authority to make interpretations of this chapter and to implement policies that clarify the application of its provisions. (B) No building permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of this chapter.

133 (C) Whenever any work or use is being done contrary to the provisions of this chapter, the City Engineer may order the work or use stopped by notice in writing served on any person engaged in the doing or causing the work to be done, and any persons forthwith stop the work or use until authorized by the City Engineer to proceed with the work or use. (D) Penalty language requirements are as in (Ord. 1251, passed ) Dated at Vermillion, South Dakota this 21 st day of May, THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA ATTEST: By John E. (Jack) Powell, Mayor By Michael D. Carlson, Finance Officer First Reading: May 7, 2018 Second Reading: May 21, 2018 Publication: June 1, 2018 June 8, 2018 Effective Date: June 28, 2018

134 From: Council Agenda Memo John Prescott, City Manager Meeting: May 21, 2018 Subject: Presenter: Appointment to Business Improvement District (BID) #1 Board Mayor Jack Powell 8. New Business; item a Background: By State Statute, the Mayor with the approval of the governing body is charged with appointing members of a BID Board Appointment of business improvement board--designation of boundaries of district--duties of board--proposal of more than one district as part of same development plan. The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to The City Council on September 16, 2013 adopted a resolution establishing that the Board of Directors for Business Improvement District #1 would be comprised of five people. The terms of office are for three years. Terms expire in November of a given year. Discussion: The current members of the BID Board and term expiration year are: Dan Kenton (2020), Kyle Eberts (2019), Amy Christensen (2018), David Herbster (2018), and Greg Huckabee (2020). Kyle Eberts fills the Board seat designated for a hotel/motel owner or manager as the by-laws require. Mr. Eberts is no longer an owner of the Red Roof Inn. Mr. Marketon is an owner of the Red Roof Inn and has submitted an Expression of Interest form to fill the seat previously held by Mr. Eberts. Mike Carlson serves as the City s ex-officio member and Nate Welch serves as the VCDC s ex-officio member. Financial Consideration: Per the by-laws, the members of the BID Board are not compensated for their service. Conclusion/Recommendations: Administration recommends appointing William Marketon to complete a term expiring in 2019 on the Business Improvement District #1 Board.

135 CITIZEN BOARD/COMMISSION EXPRESSION OF INTEREST FORM Return completed forms to: City of Vermillion, John Prescott 25 Center Street Vermillion, SD Board/Commission on which you are interested in serving: Title: Mr. Mrs./Miss/Ms. Dr. Name: Home Address: Address: Phone #: Number of years you have lived in/around Vermillion: Occupation: Employer: Business Address: Prior elected or appointed offices held (if any): Present and past community volunteer activities: Why are you interested in serving on this Board/Commission? Do you have any unique skills or experiences which would be beneficial to the City to know in selecting someone to serve? Are there any particular projects, programs or goals you would like to see achieved while serving on the Board/Commission? Signature Date UPDATED 3/9/15

136 From: Council Agenda Memo Jake Losinski, Assistant to the City Manager Meeting: May 21, 2018 Subject: Presenter: Appointments to Business Improvement District #2 Board Mayor Jack Powell 8. New Business; item b Background: By State Statute, the Mayor with the approval of the governing body is charged with appointing members of a Business Improvement District Board Appointment of business improvement board--designation of boundaries of district--duties of board--proposal of more than one district as part of same development plan. The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to On April 16, 2018 the City Council adopted a resolution establishing the boundaries of a proposed Business Improvement District in the Central Business District of Vermillion and created BID #2 Board. The resolution specified that the BID #2 Board would be made up of five members who would each serve for three years, except for the initial members at the time of establishment who would serve staggered terms. At the time of establishment two members shall serve for a one year term, two members for a two year term, and one member for a three year term. Discussion: To date, four individuals submitted Expression of Interest forms to serve on BID #2 Board: Michelle Maloney, Patrick Morrison, Dr. Paul Roob, and Phyllis Packard. Each of these individuals have worked on the Committee to get the project to its current status of discussion and review. Financial Consideration: None at this time. Conclusion/Recommendations: Administration recommends appointing members to Business Improvement District #2 Board for a one, two, or three year term.

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139 CITIZEN BOARD/COMMISSION EXPRESSION OF INTEREST FORM Return completed forms to: City of Vermillion, John Prescott 25 Center Street Vermillion, SD BID Board Board/Commission on which you are interested in serving: Title: Mr. Mrs./Miss/Ms. Dr. Mr. William Marketon Name: nd Avenue, Hartford, SD Home Address: Address: Phone #: 3 yrs owner Number of years you have lived in/around Vermillion: Red Roof Inn (The V LLC) Owner Occupation: Employer: 1208 E Cherry Street Business Address: Hartford, SD City Council (5 years) Prior elected or appointed offices held (if any): Hartford Area Development Corp (6 years) State Chairman Ducks Unlimited Present and past community volunteer activities: Treasurer Hartford Chapter DU (21 years) Why are you interested in serving on this Board/Commission? Want to represent my hotel on the board Do you have any unique skills or experiences which would be beneficial to the City to know in selecting Active CPA, knowledge of City budgets someone to serve? Attended several state sponsored City leadership seminars Are there any particular projects, programs or goals you would like to see achieved while serving on the Promote Vermillion so that is not only recognized as a Board/Commission? university city, bring more business to town, get heads in our beds Signature 5/16/18 Date UPDATED 3/9/15

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141 8. New Business; item c From: Council Agenda Memo Dan Voss, Administration Intern Meeting: May 21, 2018 Subject: Presenter: Request to close East Main Street from Plum Street to Walker Street from Thursday, June 7, through Sunday, June 10, 2018 for South Dakota Shakespeare Festival Event and to remove parking on the north side of E. Main Street from Plum Street to Walker Street from June 4 to June 10 Dan Voss Background: Representatives for the South Dakota Shakespeare Festival have submitted a request to close Main Street from Plum Street to Walker Street on Thursday-Saturday, June 7-9, 7:00 p.m. to 10:00 p.m. and Sunday, June 10, 4:00 p.m. to 7:00 p.m. They are also requesting the removal of parking on the north side of Main Street from June 4 to 10, The times from their request have been rounded off to the closest hour for Council consideration vs minutes as stated on the form. Discussion: The Main Street closing request will provide event attendees safe accessibility to Prentis Park for the performances. The Shakespeare Festival will need to block parking on the north side of Main Street between Walker and Plum during the festival to facilitate the rehearsal and performances and provide for backstage equipment related to the performance. The Street Department will drop off the "No Parking" signs on Monday morning of that week so they can be placed along the parking area. This is a requirement so that vehicles do not park or drive off during the performance. The request also notes the use of volunteers to stand by the barricades during the performances to quickly move them in the event emergency vehicles need to access the hospital. No residential access will be primarily affected due to the street closure. The South Dakota Shakespeare Festival will provide clean-up throughout the day and security teams will conduct the clean-up nightly following rehearsals and performances. Financial Consideration: None. Conclusion/Recommendations: Administration recommends that the City Council approve the closure of Main Street from Thursday-Saturday, June 7-9, from 7:00 p.m. to 10:00 p.m. and Sunday, June 10, 4:00 p.m. to 7:00 p.m. as well as the placement of event no parking signs on the north side of Main Street between Plum and Walker Streets from June 4-10, 2018.

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143 Print Street Closure Request Form - Submission #13 Date Submitted: 5/3/2018 INSTRUCTIONS 1. All Street Closure Applications must be received 7 days before the next City Council meeting. Every street closure request is considered by the City Council. Complete Street Closure Applications must be received by Staff 7 days prior to City Council meetings to ensure the Application is placed on to the agenda. City Council meetings occur on the first and third Monday of each month, unless the meeting day is a holiday, in which case the Council meeting occurs the following day. 2. If your event will generate excessive noise or will be serving alcohol additional permits are required. This application only covers Street Closures, a Permit to Exceed Allowable Noise Levels and/or a Special Daily Malt Beverage and/or Wine License are required separately. These permits are required 30 days before an event so please plan accordingly. 3. If your event occur s over the weekend, you may be asked to set up and take down bar r icades your self. In order to reduce overtime costs, we may ask that you meet with City Staff during work hours where you will receive the traffic barricades and instructions on how to set them up properly. After your event you will be asked to place the barricades in an agreed upon location where City Staff will pick them up at a later time. 4. Please request the minimum street closure needed for your event. Street closures can make for fun events for those involved but can be an inconvenience for others. Please be considerate and request the smallest closure needed to hold your event. 5. You are required to notify all properties that your closure will affect. In order to help those affected by your Street Closure Request plan ahead, you must notify all properties affected by your closure either in writing or verbally 24 hours in advance of the City Council meeting when your request will be considered. 6. Communicating with City Staff before you submit an application is encouraged. If you have any questions about the Street Closure Request process or need help filling out the Application, please call us at (605) You are responsible for cleaning up after your event and any damage that may be caused. On the Application we will ask for your plans to clean up after the event. 8. The City Council reserves the right to accept, modify, or deny all Street Closure Requests. 9. The Applicant is required to sign a Release, Hold Har mless and Indemnification Agreement.

144 10. Failure to abide by these instructions or requirements may affect your future closure requests. 11. A deposit may be required for future street closure requests if you fail to return traffic barricades in the condition they were issued to you or if public property is damaged due to your event. I have read and understand these instructions * By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. I agree. Electronic Signature* Scott Mollman APPLICATION Or ganization Requesting* South Dakota Shakespeare Festival Name of Event* South Dakota Shakespeare Festival Expected Par ticipants* 450 Name of Pr imar y Contact Per son* Scott Mollman Pr imar y Contact Phone Number* Name of Secondary Contact Person* Chaya Gordon-Bland Secondar y Contact Phone Number* Date(s) of Closure Requested* June 7-10 Street Closures Times* June 7th-9th=6:55-9:45 PM. June 10th 3:55-6:45 PM

145 Street(s) Requested to be Closed* Main street from Plum Street to Walker Street For example: Main Street from Elm Street to High Street Optional File Upload Choose File No file chosen Please provide a map of the closure requested Please detail how you have notified or plan to notify those affected by your Street Closure Request:* We have not notified home in the past, since we are not blocking any private driveways. The streets dept have gave us barricades for the closer. We have the barricade staffed just in case we have to move them for emergency vehicles.. Please detail your plans for cleaning up after your event:* Yes, SDSF clean-up and security teams will conduct the clean-up nightly following rehearsals and performances: We also need to block parking on the north side on main street between Walker and Plum during the festival. The street dept. has dropped off the "No Parking" signs typically on Monday morning of that week so we can place them June 4-10th. This is done so cars do not park or drive off during the performance. This also allows us space to park our gear trailers and backstage dressing room/camper. Release, Hold Har mless and Indemnification Agreement City of Vermillion, South Dakota I, Name of Event Or ganizer* Scott Mollman agree to release, hold harmless and indemnify the City of Vermillion and its officers, officials, employees, agents and volunteers, from and against all claims, damages, losses and expenses, including, but not limited to, attorneys fees, arising out of or resulting from the (i) the conduct or use of the Premises by the undersigned or the undersigned s organization or group, (ii) any act, omission, or negligence of the undersigned or the undersigned s organization or group, or the partners, directors, officers, agents, employees and other users and invitees of the undersigned or the undersigned s organization or group, and (iii) any accident, injury or damage whatsoever occurring in or at the Premises while the undersigned or the undersigned s organization or group is using the facilities. Furthermore, I am financially responsible for any damages done to the Premises during the time of this event. Dated This* 5/3/2018 4:45 PM First Name* Scott Last Name* Mollman

146 Electronic Signature Agreement* By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. I agree. Electronic Signature* Scott Mollman If turned in less than 7 days before the next Council meeting it will be placed on the following Council meeting agenda. Once submitted, Staff will ver ify that ever ything has been filled out cor rectly. After war ds, you will be contacted to infor m you of when your Street Closure Request will come before the City Council. It is highly recommended that you attend this meeting. Please enter your * scott.mollman@usd.edu

147 8. New Business; item d From: Council Agenda Memo John Prescott, City Manager Meeting: May 21, 2018 Subject: Presenter: Request to pay portion of Vermillion Now 2! Pledge from BBB fund vs. 2 nd Penny fund John Prescott Background: In 2014 the City pledged $500,000 to the Vermillion Now 2! initiative. The funding was to be paid over five budget years beginning with $250,000 of the pledge would be paid in equal installments of $50,000 from the Bed, Board, and Booze fund each year. The second $250,000 of the pledge would come from the 2 nd Penny fund and be used for eligible capital expenditures. The City Code contains the following language as it pertains to the 2 nd Penny: USE FOF REVENUE Any revenue received in excess of the amount received if the rate of tax is 1% may be used only for capital improvement (definition of capital to include the accounting definition of capital item currently being an item over $500), land acquisition, the funding of public ambulances and medical emergency response vehicles, nonprofit hospitals with 50 or fewer licensed beds, and other public care facilities or nonprofit health care facilities with 50 or fewer licensed beds, the transfer to the special 911 fund authorized by SDCL , the purchasing of firefighting vehicles and equipment, debt retirement, major building repair projects (roof repair and the like), capital project planning, feasibility studies and the minor rehabilitation, major rehabilitation, or reconstruction of streets as defined in the June 1994 South Dakota Department of Transportation Pavement Condition Survey Guide for City Streets. The City Code contains the following language as it pertains to the BBB: USE OF REVENUE Any revenues received under this subchapter may be used only for the purpose of land acquisition, architectural fees, construction costs, payment for civic center, auditoriums or athletic facility buildings, including the maintenance, staffing, and operations of the facilities, and the promotion and advertising of the municipality, its facilities, attractions, and activities. Discussion: None of the $250,000 pledged from 2 nd Penny funds for the Vermillion Now 2! campaign have been paid at this point as a qualifying project has not been presented. The VCDC is in the final months of the building renovation of 2 E. Main Street. The VCDC

148 8. New Business; item d has requested to use $100,000 of the Vermillion Now 2 Pledge to help complete this building renovation project. The 2 E. Main building will include entrepreneurial space, the Charlie s store, visitor center and chamber offices. Staff does not believe that renovation of the building fits within the parameters of 2 nd Penny funds since the City will not own the building. The visitor s center, entrepreneurial space, and Chamber office would be related to promotion of the community and economic development purposes. Financial Consideration: The BBB fund began 2018 with a balance of $341,641. The 2018 budget anticipates that $46,800 of the revenue collected will be placed into the BBB reserves as not all of the anticipated revenues were budgeted to be expended in Through March, BBB collections were $4,000 ahead of the same time period in The 2018 budget for BBB would need to be revised in September during the budget process to reflect this expenditure. Conclusion/Recommendations: Administration recommends approval of utilizing $100,000 of BBB funds in place of 2 nd Penny funds pledged to the Vermillion Now 2! campaign for the 2 E. Main project.

149 8. New Business; item e From: Council Agenda Memo Shane Griese, Utility Manager Meeting: May 21, 2018 Subject: Presenter: Declaring One Onan Generator Surplus Shane Griese Background: This particular backup generator used by the Waste Water Treatment Plant is no longer needed. The equipment to be declared surplus consists of: PROPOSED EQUIPMENT APPRAISED VALUE 1971 Onan Generator $3, Discussion: Staff would like the City Council to declare the above-mentioned equipment surplus and have the Surplus Property Appraisal Committee meet to appraise the piece of equipment. Staff recommends appraising the equipment as proposed with the table above. After the Generator is appraised, Staff will commence the process to sell the equipment through sealed bids. Financial Consideration: Sale proceeds from the sale of the Generator will go to the Wastewater fund. Conclusion/Recommendations: Administration recommends declaring the 1971 Onan Generator as surplus and moving forward with an appraisal by the Surplus Property Appraisal Committee for the equipment.

150 From: Council Agenda Memo Matthew R. Callahan, Fire Chief Meeting: May 21, 2018 Subject: Presenter: Declaring 5 MSA Airpacks Surplus Matthew R. Callahan 8. New Business; item f Background: In 2016 the City of Vermillion was awarded the Assistance to Firefighters Grant which allowed the purchase of 25 SCOTT Airpacks. Due to five of the airpacks at the time not meeting replacement criteria they were kept in our inventory. These airpacks are not compatible with the new packs and have since been removed from front line use. DEPARMENT YEAR PURCHASED EQUIPMENT Fire/EMS MSA Firehawk M7, 3000psi Airpacks Discussion: Staff would like the City Council to declare the five airpacks surplus and have the Surplus Property Appraisal Committee meet to appraise them. Staff recommends appraising the airpacks at $8,000 for all five airpacks and the airpacks to be sold as a bundle. Staff will advertise the airpacks for sale by sealed bids with a bid opening on June 26, Financial Consideration: Sale proceeds from the equipment will go to purchase of SCOTT Airpacks that are compatible with our new airpacks. Conclusion/Recommendations: Administration recommends declaring the above listed equipment as surplus and moving forward with an appraisal by the Surplus Property Appraisal Committee of the airpacks and authorize the sale by sealed bids.

151 CITY OF VERMILLION INVOICES PAYABLE-MAY 21, AT&T MOBILITY MOBILE HOT SPOTS BROADCASTER PRESS ADVERTISING 2, BRUNICK'S SERVICE INC FUEL 6, BUHL'S CLEANERS MAT/MOP SVC BUREAU OF ADMINISTRATION TELEPHONE CAMPBELL SUPPLY SUPPLIES CASK & CORK MERCHANDISE CENTURYLINK TELEPHONE 1, CHESTERMAN CO MERCHANDISE 1, CITY OF VERMILLION LANDFILL VOUCHERS CLAY RURAL WATER SYSTEM WATER USAGE CLAY-UNION ELECTRIC CORP ELECTRICITY 1, CORELOGIC REFUND SPECIAL ASSESSMENT OVERPAYMENT DAKOTA BEVERAGE MERCHANDISE 12, DEPT OF ENVIRONMENT & NATURAL RESOURCES LANDFILL LOAN PAYMENTS 25, DEPT OF REVENUE MALT BEVERAGE LICENSE DEPT. ENVIRONMENT NATL RES LANDFILL OPERATIONS FEE 3, FIRST NATIONAL BANK BOND PAYMENT 35, FRED HAAR CO, INC PARTS GLOBAL DIST. MERCHANDISE GOVERNMENT FINANCE OFFICERS ASSOCIATION ANNUAL REPORT FEE GREGG PETERS MANAGERS FEE 6, JERRY'S CHEVROLET CAR, PICKUP, TAHOE 76, JOHN A CONKLING DIST. MERCHANDISE 6, JOHNSON BROTHERS OF SD MERCHANDISE 14, JONES FOOD CENTER SUPPLIES KARSTEN MFG CORP MERCHANDISE LOREN FISCHER DISPOSAL HAUL CARDBOARD 1, MART AUTO BODY TOWING 1, MATHESON TRI-GAS, INC CYLINDER RENTAL MIDAMERICAN GAS USAGE 5, MIDCONTINENT COMMUNICATION INTERNET/CABLE SERVICE PRINT SOURCE SUPPLIES REDI TOWING TOWING REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 5, RESERVE ACCOUNT POSTAGE FOR METER SD PUBLIC ASSURANCE ALLIANCE INSURANCE COVERAGE 57, SOUTHERN GLAZER'S OF SD MERCHANDISE 1, STAPLES SUPPLIES 1, STERN OIL CO. FUEL 9, STURDEVANTS AUTO PARTS PARTS TITLEIST DRAWER CS MERCHANDISE 3, UNITED PARCEL SERVICE SHIPPING US POSTMASTER POSTAGE FOR METER 1, VERMILLION CHAMBER OF COMMERCE TIF 5, BID#1, CONTRIBUTION 91, ZEP SALES & SERVICE SUPPLIES JIM MCCULLOCH BRIGHT ENERGY REBATE JOHN JORDT BRIGHT ENERGY REBATE KALINS INDOOR COMFORT BRIGHT ENERGY REBATE GERALD PETERSON BRIGHT ENERGY REBATE BONNIE ROWLAND BRIGHT ENERGY REBATE TOM DAVIES BRIGHT ENERGY REBATE GRAND TOTAL $384,134.18

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