City Council Agenda
City Council Chambers, City Hall, 612 N. Main Street
November 7, 2022

1.

6:00 p.m. Call to Order

2.

Pledge of Allegiance

3.

Invocation: Word of Life

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.
C.

Special Event Permit for MMS&B Parade of Lights on Tuesday, November 29th, 2022

  • Road Closure
  • Parking Lot Closure
  • Parade Permit ($50)
  • Noise Permit
D.

Special Event Permit for Beers & Gears Mountain Bike Race on Saturday, June 24th, 2023

  • Parking Lot Closure
E.

Raffle Permits

Area Community Theatre with the drawings to be held on December 5, and 12, 2022

Mitchell Quarterback Club with the drawing to be held the end of January 2023

James River Gobblers-NWTF with the drawing to be held on February 4, 2023

Mitchell Area Historical Society with the drawing to be held on February 20, 2023

James River Valley Chapter-RMEF with the drawing to be held on March 25, 2023

F.

Declare Surplus Item From Community Services To Be Destroyed

G.

Change Order #5 to Top Grade Concrete for Bid Schedule A Sidewalk Project #2021-04

H.

Set Date 1:30 PM, November 16, 2022 for Bid Opening for Livesay Lane Utility Improvements Project #2021-25

I.

Set date for hearings on November 21, 2022 for the following Alcohol Licenses

On the application to transfer RB‐3124 Retail (On‐Off Sale) Malt Beverage & SD Wine and Cider License from Jeremy Jensen dba Jensen Capital & Development, LLC to Austen LLC dba Corn Palace Inn, 1001 South Burr Street, Mitchell

On the application of Jonathan Herron dba Los Dos Amigos LLC, 108 North Main, Mitchell for a new Retail (On‐Off Sale) Malt Beverage & SD Farm Wine (does not include video lottery)

On the application of Jonathan Herron dba Los Dos Amigos LLC, 108 North Main, Mitchell for a new Retail (On‐Off Sale) Wine and Cider (does not include video lottery) to be active in 2023

K.

Approval of Gasoline & Fuel Quotes

M.

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 Dakota Land and Property Management LLC

Dakota Land and Property Management LLC has applied for a conditional use permit to operate an Automotive Sales, Repair, Parts and Detailing business; located at NE corner of Hwy 37 and E 54th Ave (250th St), legally described Lot 12 of Maui Farms 1st Addition in the SW 1/4 of Section 34, T 104 N, R 60 W of the 5th P.M., Davison County, South Dakota. The said real property is zoned UD Urban Development.

10.

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 716 N Rowley St, legally described as Lots 18-21, Block 4 Rowleys 1st Addition, City of Mitchell, Davison County, South Dakota. The said real property is zoned CB Central District.

11.

Action To Set Date For Board of Adjustment Hearing 11-21-22

Joni and Josh Rasmussen have applied for a variance in minimum front yard setback of 8' vs 25' and side corner yard setback of 16' vs 20' to construct a wraparound porch and move the existing front door from the southwest corner of the house to the south side located at 322 S Wisconsin St, legally described as Lots 7 & 8, Block 12, Railroad Addition, City of Mitchell, Davison County, South Dakota.  The said real property is zoned Single Family Residential District (R2).

12.

Action To Set Date For Board of Adjustment Hearing 11-21-22

Gold Key Properties LLC has applied for a conditional use permit for multi-family dwelling units between 5 and 12 (7 dwelling units total on combined lots) located at 705,707 and 711 S Davison St, legally described as Lots 54-56 of Overlook Addition, City of Mitchell, Davison County, South Dakota.  The said real property is zoned Medium Density Family Residential District (R3).

13.

Action To Set Date For Board of Adjustment Hearing 11-21-22

Gold Key Properties LLC has applied for a variance in minimum front and rear yard setback of 22' vs 25' for construction of a four-plex with attached garages located at 705 S Davison St, legally described as Lots 54-56 of Overlook Addition, City of Mitchell, Davison County, South Dakota.  The said real property is zoned Medium Density Family Residential District (R3).

14.

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

15.

Hearing and action on the application of the Corn Palace Shrine Club for a Special Event Liquor License located at The Masonic Hall for November 12, 2022 for a Corn Hole Tournament

16.

Action To Approve 2023 Applications For Renewal Of Alcohol Licenses

17.

Action to Approve Application of Genesis Farms LLC for a Medical Cannabis Dispensary License at 716 N Rowley

18.

Action to Award Bid for Waste Tire Disposal Project #2022-21

19.

Action to Award Bid for 3 year cash rent lease of Park Hayland, WWTP Hayland and Landfill Hayland Project #2023-05

20.

Action to Approve Street Light Request in the 1200 Block of South Kimball

22.

Action to Approve Agreement #A2022-43, Lake Mitchell Marina Grant Technical Assistant Agreement with District III Planning

23.

Action to Approve Agreement #A2022-44, An agreement between the City of Mitchell and Mitchell City Employees AFSCME Local 2922

24.

Action to Approve Agreement #A2022-45, An Agreement between the City of Mitchell and IAFF Local 4166

25.

Action to Approve Agreement #A2022-46, An agreement between the City of Mitchell & Teamsters Local Union No. 120

26.

Action To Approve Agreement #A2022-48, SD DOT 5339 Funding Agreement Routing Software

27.

Action to Approve Resolution #R2022-70, Plat of Tracts A through D of Freedom Estates 2nd Subdivision in the Northwest Quarter of Section 11, Township 103 North, Range 60 West of the 5th P.M., Davison County, South Dakota

28.

Action to Approve Resolution #R2022-71, Plat of Lot 1, Block 5 of Woodland Heights First Addition

29.

Action to Approve Resolution #R2022-72, Plat of Lot 1 of Wade’s Addition, an Addition in the Southwest Quarter (SW ¼) of Section 3, Township 103 North, Range 60 West of the 5th P.M., Davison County, South Dakota

30.

Action to Approve Resolution #R2022-73, 2023 Compensation Plan

31.
33.

Adjourn

34.

FOR COUNCIL INFORMATION: Planning Commission Unsigned Minutes 10-24-22

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.