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Off-sale liquor back on the table

The Mitchell City Council voted Monday night to move ahead with an ordinance to allow off-sale liquor sales in the city on Sundays.

With a 4-3 vote, the council voted to give the ordinance a final vote at its next regular meeting, scheduled for Aug. 4.

The proposed ordinance would amend an existing ordinance that, for the moment, allows the holders of off-sale liquor licenses in the city to sell only malt beverages on Sundays. The term off-sale means alcohol bought for consumption off the premises of the business where it's purchased.

In 2010, Mitchell voters defeated, 56 to 44 percent, a similar proposal to allow off-sale liquor sales in the city on Sundays. More recently, in the June 3 election, the city's voters approved, 60 to 40 percent, an ordinance to allow wine to be served on downtown sidewalks.

Shawn Lyons, executive director of the South Dakota Retailers Association, told the council to reconsider allowing Sunday off-sale liquor sales, since Mitchell is one of few communities in the state that enforces such a ban.

Councilman Marty Barington said the current ordinance is hurting the city economically.

"I'm going to support this issue again, because I think it's an area we're losing some monetary value," he said.

Barington voted in favor of advancing the ordinance to a final vote, as did Steve Rice, Jeff Smith and Dave Tronnes. Council members Mel Olson, Randy Doescher and Susan Tjarks voted in opposition.

"Things change, people change," Barington said. "If the public is not in support of this, they'll vote it down again."

Smith said the new ordinance gives businesses another opportunity to decide how they want to operate.

"In all reality, the ordinance that we're looking at tonight gives the businesses the ability to sell," Smith said. "We're not forcing them to sell."

Olson said the council should stick with its current ordinance, and the voter's decision four years ago.

"To make people vote again, I just don't think so," he said.

The Rev. Carroll Torberson, of Grace Baptist Church, spoke against Sunday off-sale liquor sales in the city.

"Can't we have one day? You've got all the rest of the week," he said.

Consent Agenda

Council members approved the following items as part of a consent agenda:

• The agenda, minutes from prior council meetings, reports from various city departments and minutes from various committee meetings.

• An Aug. 18 date for hearings on resolutions of necessity for street assessment for curb and gutter, asphalt paving, concrete sidewalk, valley gutter, fillet sections, engineering and miscellaneous expenses for the 1600 block of South Minnesota Street, the 1600 block of South Wisconsin Street, and the 500 and 600 blocks of West Pine Avenue.

• An application from Make-A-Wish Foundation of South Dakota for a special event malt beverage and wine license for Summer's Last Dance on Sept. 6 at Hitchcock Park.

• Applications of the Palace City Lions Club for a special event malt beverage and wine license for the Tour de Corn, Aug. 23 at Hitchcock Park; and for the Corn Palace Festival, Aug. 21-24 at the Corn Palace.

• An Aug. 4 date for a hearing on the application to transfer a retail on-sale liquor license from Par Tee Bar, 2410 Quiett Lane Drive to D&E Music and Vending, 117 South Lawler.

• Amend the June 16 City Council minutes.

• An automatic supplement to the library renovation project's capital project fund of $5,000 from a transfer of funds from fees and charges.

• Gas and diesel bids.

• A list of pay estimates.

• Bills, payroll, salary adjustments and new employee hires, and authorization for payment of recurring and other expenses in advance as approved by the finance officer.

Other business

In scheduled business tonight, council members:

• Approved, during a 6:40 p.m. Public Properties Committee meeting, light pole requests at Quiett Lane from Tiger Street to Mattie Street; Thompson from Norway to Interstate 90; 407th Avenue and North Harmon Drive; 407th Avenue and Anthony Avenue; Livesay Lane and Anthony Avenue; North Harmon Drive and National Guard Road; Ohlman Street and National Guard Road; Fiala Road and National Guard Road; Fiala Road and Woods Circle; Fiala Road and Jogene Court; Ohlman Street from Eighth Avenue to 23rd Avenue; 23rd Avenue from Main Street to Ohlman Street; and North Harmon Drive.

• Discussed during a 7:15 p.m. Traffic Commission meeting, but took no action regarding closing of the Kibbee Park access road onto state Highway 37; and approved a request to switch the yield signs at 10th Avenue and Edmunds Street with stop signs for east/west traffic.

• Heard Mayor Ken Tracy issue the oath of office to Billie Kelly, the city's human resources director.

• Sat as the board of adjustment and set an Aug. 4 date for hearings on the application of Shannon Jones for a conditional use permit to operate a family day care in her home at 518 W. Fifth Ave. and on the application of Kayla Lux for a conditional use permit to operate a family day care in her home at 516 N. Edmunds St.; and approved the application of Scott Studer for a side yard corner lot variance of 16 feet rather than 20 feet to place a residence and construct an attached garage at 120 E. Douglas Ave.; of Whittier Lofts for a front yard variance of 19 feet rather than 30 feet and a side yard variance of zero feet rather than 20 feet to construct garage buildings at 410 W. Second Ave.; of David and Paige Radke for a front yard variance of 22 feet rather than 25 feet to expand an attached garage at 1513 S. Miller St.; of Hart Family Dental Center, applicant, and Mitchell Christian School, owner, for a conditional use permit for construction of a professional office for personal health services at 714 W. 18th Ave.

• Approved a resolution for the plat of Lot C-1 in the North 340 feet of Lot C in Jones Addition in the Southeast one-quarter of Section 20, Township 103 North, Range 60 West of the fifth P.M., city of Mitchell.

• Approved a resolution for the Plat of Lot 11 in the Replat of Tract E Wild Oak Golf Club addition to the city of Mitchell.

• Conducted the second of two required readings and adopted an ordinance rezoning property at 600 E. Ash Ave., from single family residential to transportation, warehousing and commercial.

• Conducted the second of two required readings and adopted an ordinance rezoning property legally described as Lots 8-B and 8-C, less Lot H-1 of Lot 8-C, Block Eight in Morningview Addition, city of Mitchell, Davison County; Block Seven, less H-1, in Morningview Addition, city of Mitchell, Davison County, from transportation, warehousing and commercial to public lands and institutions.

• Conducted the second of two required readings and adopted an ordinance property legally described as the East Half of the West Half of Block One in Morningview Addition, city of Mitchell, Davison County; and the East Half of Block Two, Morningview Addition to the city of Mitchell, Davison County; all of Block 2A and all of Block 2B within Block Two, including vacated Pine Street, Morningview Addition, city of Mitchell, Davison County, from single family residential to public lands and institutions.

• Continued the second of two required readings and adopted an ordinance to amend Chapter 9-1 of the Mitchell City Code by adopting the 2012 edition of the International Fire Code, and making other amendments as necessary to reflect the adoption of the code.

• Conducted the second of two required readings and adopted an ordinance supplementing the public works portion of the general fund with $5,900 for computer software and $1,950 for computer hardware, from the general fund cash balance.

• Conducted the first of two required readings of an ordinance rezoning property at 301 E. Hanson Ave.

• Conducted the first of two required readings of an ordinance rezoning property within Westwood First Addition and Pheasant Street from Transportation, Warehousing and Commercial District to High Density Residential District.

• Conducted the first of two required readings of an ordinance to supplement the cemetery portion of the general fund with $3,200 from the general fund cash balance for a security system; the TIF No. 17, Woods Addition, portion of the debt service fund with $30,000 for bond principal and $10,000 for bond interest, both from property tax revenue; the water distribution portion of the enterprise fund with $31,735 from the water fund cash balance for Spruce Street utilities and $115,000 from the general fund reserve account for gabion repair; the sewer collection portion of the enterprise fund with $13,295 from the sewer fund cash balance for Spruce Street utilities, and the golf portion of the enterprise fund with $11,000 for repair and maintenance and $3,000 for a security system, both from the golf course fund cash balance.

• Ratified a change order for Sunkota Construction to install data cabling and phone cabling in the amount of $16,170 for the Mitchell Public Library renovation project, for an adjusted contract amount of $1,822,300.

• Approved a change order for Sunkota Construction for furniture and fixtures in the amount of $13,700, for an adjusted contract amount $47,680.

• Approved a contract with the Mitchell Rural Fire Association, which states the Mitchell Fire Division will provide fire protection to Beulah, Lisbon and Prosper townships in Davison County, and Plano and Hanson townships in Hanson County. In exchange, the Mitchell Rural Fire Association will pay the city $12,556 for services between July 1, 2014, and Dec. 31, 2014, and transfer ownership of a grass rig fire truck and a water tanker fire truck to the city to cover the $79,946 cost of services between Jan. 1, 2015, and Dec. 31, 2017; and the townships within the Mitchell Rural Fire Association's area agree to create a rural fire protection district, which requires a public vote, and levy a tax sufficient to pay the city for fire protection.

• Approved an agreement with HDR Engineering Risk Management Program for the Water Treatment Plant.

• Set a July 28 date to hold a special meeting at 5 p.m. in Council Chambers at City Hall to award the rebid for the demolition of the old Veterans of Foreign Wars building.

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