City Council Agenda
City Council Chambers, City Hall, 612 N. Main Street
April 4, 2022

1.

6:00 p.m. Call to Order

2.

Pledge of Allegiance

3.

Invocation: Mitchell Wesleyan

4.

Roll Call

5.

Approval of Consent Agenda Items

Items appearing on the Consent Agenda may be removed by a City Council Member for discussion at the beginning of the formal agenda items.
A.

City Council Minutes

B.

Committee Reports

C.

Special Event Permit for Mitchell Main Street & Beyond's First Fridays-Event Map update

                

D.

Special Event Permit Application for OutKasts Car Show Powered by 301 Rodz September 17, 2022

  • Road Closure
  • Parade Permits $250
E.

Property Tax Abatements For 2021 Taxes Payable In 2022

F.

Raffle Permits

Abbott  House with the drawing to be held every two weeks until the 5 of Hearts is drawn

VFW Post 2750 with the drawing to be held on May 31, 2022

301 Rodz with the drawing to be held on September 17, 2022

VFW Post  2750 with the drawing to be held on November 15, 2022

G.

Set Date 1:30 P.M., April 12, 2022 for Bid Opening for 10th Avenue Construction Project #2022-2

H.

Set date for hearing on April 18, 2022 for the following Alcohol License

On the application of the Corn Palace Shrine Club for a Special Event Liquor License located at The Masonic Hall for April 30, 2022 for a Wedding Dance

J.

Approve Bills, Payroll, Salary Adjustments and New Employee Hires and Authorize Payment of Recurring and Other Expenses in Advance as Approved by the Finance Officer

6.

Motion to Approve, Request Public Comment, Roll Call

7.

Citizens Input

If you need to address the Mayor and members of the City Council on an item that was not on the agenda, excluding personnel items, please come forward to the podium and state your name and your concern.  Presentations are limited to three minutes.  Items will be considered but no action will be taken at this time.
8.

BOARD OF ADJUSTMENT: Entertain a motion for the City Council to recess and sit as the Board of Adjustment

9.

Hearing And Action On An Application For Buhler

Carey & Darlene Buhler have applied for a Variance Permit for an attached garage and accessory building combination of 2,160 square feet vs 2,000 square feet and maximum height for an accessory building of 30’ vs 22’; located at 600 Greenridge Lane, legally described as Lot 3, Block 2, Greenridge Addition, City of Mitchell, Davison County, South Dakota.  The said real property is zoned R1 Single Family Residential District.

10.

Hearing And Action On An Application For DLJ LLC

DLJ LLC has applied for a variance of approximately 867 feet vs 1,000 feet as required to be from another cannabis dispensary; located at 501 E Juniper Ave, legally described as Lot S-3A Ex E 63’ in the Replat of Lot S in the NW ¼ of Section 27, T 103 N, R 60 W of the 5th P.M., City of Mitchell, Davison County, South Dakota. The said real property is zoned HB Highway Business District.

11.

Hearing And Action On An Application For Genesis Farms LLC

Genesis Farms LLC has applied for a Conditional Use Permit to operate a Medical Cannabis Dispensary; located at 106 W 5th Ave, legally described as Lots 11 and 12, Block 12, Rowley’s 1st Addition, City of Mitchell, South Dakota. The said real property is zoned CB Central Business District.

12.

Hearing And Action On An Application For Genesis Farms LLC

Genesis Farms LLC has applied for a variance of 101 feet vs 300 feet as required to be from religious institution; located at 106 W 5th Ave, legally described as Lots 11 and 12, Block 12, Rowley’s 1st Addition, City of Mitchell, South Dakota. The said real property is zoned CB Central Business District.

13.

Hearing And Action On An Application For Marek

Robert D. Kummer of Infrastructure Design Group, Inc. representing Cory Marek has applied for a Variance Permit for minimum front yard setback of 9’ vs 25’ for an existing dwelling.  Located at 710 N Kittridge St, will be legally described as Lot A in Block 2 of Robert Wilkinson’s Addition, a vacation and replat of Lot 5 and Lot 6 of Robert Wilkinson’s Addition to the City of Mitchell, Davison County, South Dakota and is currently legally described as Lots 5 & 6 in Block 2 & S ½ of Vacated 8th Ave & N ½ of Vacated Alley Abutting of Robert Wilkinson’s Addition to the City of Mitchell, Davison County, South Dakota, The said real property is zoned R4 High Density Residential District.

14.

Hearing And Action On An Application For Larry Weisser

Robert D. Kummer of Infrastructure Design Group, Inc. representing Larry Weisser has applied for a Variance Permit for the following:
  Lot A: 
 Minimum front yard setback of 19’ vs 25’ for an existing dwelling.
  Lot B: 
Minimum front yard setback of 19’ vs 25’ for an existing dwelling.
Minimum side yard corner setback of 12.2’ vs 20’ for an existing dwelling.
Minimum lot width of 67.06’ vs 70’.
Minimum lot area of 9,580 square feet vs 10,000 square feet.

Located at 1510 and 1520 E 1st Ave, will be legally described as Lots A & B in Block 10 of ST Greene’s Addition, a replat of Lots 10, 11 and 12 in Block 10 of ST Greene’s Addition to the City of Mitchell, Davison County, South Dakota and is currently legally described as Lots 10, 11 & 12, Block 10 of ST Greene Addition, City of Mitchell, Davison County, South Dakota, The said real property is zoned R2 Single Family Residential District.

15.

Action To Set Date For Board of Adjustment Hearing 4-18-22

Amy Hotz has applied for a conditional use permit to operate a Family Residential Daycare; located at 708 E 2nd Ave, legally described as Lot 9, Block 16, FM Greene Addition, City of Mitchell, Davison County, South Dakota. The said real property is zoned R2 Single-Family Residential District.

16.

Action To Set Date For Board of Adjustment Hearing 4-18-22

Jasmyn Lang has applied for a conditional use permit to operate a Family Residential Daycare; located at 717 W Ash Ave, legally described as Lot 12, Block 10, Railroad Addition, City of Mitchell, Davison County, South Dakota.  The said real property is zoned R2 Single-Family Residential District.

17.

Action To Set Date For Board of Adjustment Hearing 4-18-22

Mike Hauser has applied for a variance for a combination of attached and detached accessory buildings of 3,270 square feet vs 2,000 square feet and height variance of 24’ vs 22’ for a new accessory building; located at 2021 W 23rd Ave, legally described as Lot A of Mason’s Addition in the NE ¼ of Section 17, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota.  The said real property is zoned R4 High Density Residential District.

18.

Action To Set Date For Board of Adjustment Hearing 4-18-22

Mitchell Prehistoric Indian Village has applied for a variance for a minimum front yard setback for a Historic Site building of 22’ vs 30'; located at 3200 Indian Village Road, legally described as Mitchell Prehistoric Indian Village Site in the NE ¼ of Section 9, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota.  The said real property is zoned PL Public Lands District.

19.

RECONVENE AS CITY COUNCIL: Entertain a motion for the Board of Adjustment to adjourn and the City Council to reconvene in regular session

20.

Hearings and Actions to approve the following medical cannabis dispensary applications

a. DLJ, LLC received on 11-16-2021 at 5:02 p.m.

b. Genesis Farms, LLC received on 11-18-2021 at 4:22 p.m.

21.

Hearings and Action to approve Medical Cannabis Cultivation Application of BWC Mitchell LLC at 1400 S Burr

22.

Hearings and Actions On The following Alcohol License Applications

a. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for April 9, 2022 for a Corn Hole Tournament

b. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for May 7, 2022 for a Wedding Dance

c. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for June 4, 2022 for a Wedding Dance

d. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for June 11, 2022 for the Shrine Club Open House

e. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for July 29, 2022 for the Lakeview Golf Banquet

f. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for August 6, 2022 for the 2002 Class Reunion

g. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for September 10-11, 2022 for a Wedding Dance

h. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for September 23-24, 2022 for a Wedding Dance

i. On the application of the Corn Palace Shrine Club for a Special Liquor License located at the The Masonic Hall for October 1-2, 2022 for a Wedding Dance

24.

Action to Award Bid for Rock Chips Project #2022-10

25.
26.

Action to Approve Request for FAA Approval of Transfer of Entitlement Funds

27.

Action to Approve Agreement #A2022-11, 9th & 5th Reconstruction Project for Engineering Support and Staking Project #2021-7 with McLaury Engineering

28.

Action to Approve Agreement #A2022-12, 9th & 5th Reconstruction Project for Inspection Project #2021-7 with Brosz Engineering

29.

Action to Approve Agreement #A2022-13, Financial Agreement for Airport Rescue Grant #3-46-0037-031-2022 with SDDOT

30.

Action to Approve Agreement #A2022-14, James Valley Drug Task Force Joint Powers Agreement

32.

Action to Approve Resolution #R2022-11, Plat of Lots A & B in Block 10 of ST Greene’s Addition, a replat of Lots 10, 11 and 12 in Block 10 of ST Greene’s Addition, City of Mitchell, Davison County, South Dakota; as requested by Robert D Kummer of Infrastructure Design Group, Inc. representing Larry Weisser

33.

Action to Approve Resolution #R2022-12, Plat of Lot A and Lot B in Block 2 of Robert Wilkinson’s Addition, a vacation and replat of Lot 5 and Lot 6 of Robert Wilkinson’s Addition, City of Mitchell, Davison County, South Dakota; as requested by Robert D Kummer of Infrastructure Design Group, Inc. representing Cory Marek

34.

Action to Approve Resolution #R2022-13, Plat of Lot 4, Block 5, Woodland Heights First Addition, a subdivision of Lot 2, Crane's Addition in the SE 1/4 of Section 34, T 103 N, R 60 W of the 5th P.M., City of Mitchell, Davison County, South Dakota; as requested by Ethan Coop Lumber

35.

Action to Approve Resolution #R2022-14, Plat of Lots 1 and 2 of Rocky Todd Addition, a subdivision of Lot 12A-3 in the SW ¼ of Section 10, T 103 N, R 60 W of the 5th P.M., City of Mitchell, Davison County, South Dakota; as requested by Todd Boyd

36.

Action to Approve Resolution #R2022-15, Plat of Lots 29-A, 30-A, 31-A and 32-A, Block 10 Sunnyside Addition to the City of Mitchell, Davison County, South Dakota; as requested by Jeff Larson

37.

Action to Approve Resolution #R2022-16, Plat of Lots 6, 7, 8, 9, 10, 11 and 12, Block 2, MLC Addition, a subdivision of Block 3 and Lot 4B, Block 4, Morningview Addition to the City of Mitchell, Davison County, South Dakota; as requested by Mueller Lumber Company

39.

Action on Resolution #R2022-18, Setting Hearing and Appointing Appraisal Board in Relation to Transfer of 514 N Main Property

40.

First Reading on Ordinance #O2022-06, Amending Woodland Heights Planned Unit Development

Ethan Coop Lumber is requesting Lots 10-12, Block 5 of Woodland Heights Planned Development District be added to 10-9B-3 Subarea C.  These 3 lots were never designated to a Subarea, the owner wishes to allow permitted uses of single-family dwellings and multi-family dwellings twelve (12) units or less (duplexes fit under multi-family dwellings).

43.

Adjourn

44.

FOR COUNCIL INFORMATION: Planning Commission Unsigned Minutes 3-28-22

Individuals with disabilities who require special assistance to take part in this meeting may contact one of the following at City Hall (605) 995-8420 at least 24 hours prior to the meeting with requests for assistance: Human Resources Officer or the City Administrator.