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Sidewalk wine back before Mitchell City Council

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news Mitchell, 57301
Mitchell South Dakota 120 South Lawler 57301

An ordinance that would allow the sale of wine on sidewalks in downtown Mitchell will come back to the City Council at its meeting Monday night at City Hall.

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During a meeting that begins at 7:30 p.m., the council will hold the first reading of Ordinance 2437, which would give downtown businesses the opportunity to serve wine on their adjacent sidewalks.

The City Council first studied the issue of sidewalk alcohol service last spring and eventually rejected it. The council gave initial approval to the ordinance, but after passionate opposition testimony at a later meeting, the council was swayed and threw it out.

"I think some (council members) are in favor of it and would like to try to get it back to the floor and see where it lands," said Mayor Ken Tracy in an interview Friday with The Daily Republic.

Tracy expects the ordinance will face opposition similar to the last time the proposal came before the council.

"I think that's why it was revived," he said. "To see whether there is sufficient support to get it passed this time."

According to a draft of the ordinance, businesses that wish to have sidewalk wine service would be required to pay an application fee to the city and provide the city with information on its hours of operation, along with a site plan noting where outdoor furniture will be located.

The city would consider the impact of any business' plan on public property, as well as on nearby business owners, property owners and residents before allowing a business to have sidewalk wine sales.

Outdoor food and beverage sales, and outdoor dining, would only be permitted on sidewalks adjacent to where the licensed business is located, the proposed ordinance says. All those businesses would also be required to have liability insurance to cover any claims that may arise from the operation of an outdoor dining area.

No sidewalk wine sales will be allowed during Corn Palace Festival week, the proposed ordinance says.

If the ordinance is approved tonight on first reading, it must go to a second reading, likely at the council's next regular meeting May 20. The vote on the second reading is the final vote.

Board of Adjustment

Council members plan to sit as the Board of Adjustment tonight and:

• Set a May 20 date for a hearing on the application of Tanner Musick for a variance to construct an oversize building located at 3201 N. Ohlman St., legally described as Northeast quarter, Section 8, except RY & Lots M through ZI and except Lot 2 of Northwest Drainage First Addition, Township 103 North, Range 60 West, Davison County.

• Set a May 20 date for a hearing on the application of Todd Stickler for a backyard variance of 7 feet versus 25 feet for an addition to the attached garage located at 615 E. Sixteenth Ave., legally described as Lot 8, Block 7, Green Acres Addition.

• Set a May 20 date for a hearing on the application of Rick and Sharon Heying for a sideyard variance of 2 feet versus 20 feet for an addition located at 721 E. Sixth Ave., legally described as Lot 1, Block 9, F.M. Greene Addition.

• Set a May 20 date for a hearing on the application of Lacey Warnke for a conditional use permit to operate a daycare in her home located at 901 E. Seventh Ave., legally described as Lot 10, Block 6, F.M. Green Addition.

• Set a May 20 date for a hearing on the application of Delana and Delvin Schelske for a conditional use permit to operate a home occupation business for floral arrangements and related wedding accessories located at 1560 Rew Place, legally described as Lot 8, Knollwood Heights Second Addition.

• Hold a hearing on the application of Robert and Tammy Fuerst for a backyard variance of 22 feet instead of 25 feet to construct an addition to their garage, located at 1519 Augusta Ave., legally described as Lot 5, Block 4, Lakeview First Addition.

• Hold a hearing on the application of Ken and Harriett Baldwin for a sideyard corner variance of 1 foot instead of 20 feet and a backyard variance of 2 feet instead of 5 feet to replace an accessory building, located at 801 E. Fifth Ave., legally described as the West 34' of Lot 5 and all of Lot 6, Block 11, FM Greene Addition.

• Hold a hearing on the application of Stephanie Smith for a conditional use permit to operate a childcare center in her home, located at 25050 Alex Court, legally described as Lot 4, Block 3, Circle K Ranch Second Addition, Southeast quarter, Section 6, Township 103 North, Range 60 West, Davison County.

Other business

In other business tonight, council members plan to:

• Discuss Palace City Pedalers trail progress from Kiwanis Woodlot Park to the Prehistoric Indian Village.

• Hold a hearing on the application of Imagine Guild Inc. for a Special Event Malt Beverage License located at Lots 7,8,9, 10 and 11, Block 18, Original Addition, and to obtain consumption and noise permits for the Memorial Weekend in Mitchell and Barbecue Cook-Off on May 25.

• Set a May 20 date for a hearing on the application to transfer Retail (On-Sale) Liquor License RL-5765 from ACT Bookkeeping Services LLC dba Moonlight Bar & Lounge at 413 N. Main St., Mitchell, to ACT Bookkeeping Services LLC dba Moonlight Bar & Lounge at 511 N. Main St., Mitchell.

• Set a June 3 date for a hearing on a Proposed Resolution of Necessity for 100-200 Blocks of East Hackberry and 100 Block of West Milan Street Assessment Project.

• Set June 11 to receive and consider bids for the Library Renovations Project 2013-7 at 1:30 p.m. in the Mayor's Office of City Hall.

• Award bids for Norway Lift Station Project 2012-33.

• Ratify a Tree Planting and Maintenance Agreement with the South Dakota Department of Transportation for Round House contamination site and to designate the mayor as authorized official on the project.

• Hold a hearing on a proposed resolution of necessity for construction of base course, concrete paving and miscellaneous expenses on an alley in the 100 block of S. Main St. between First Avenue and Railroad Street on east side of Main Street.

• Consider adopting Resolution 3084, resolution of necessity for repair of alley in the 100 block of South Main Street between First Avenue and Railroad Street on the east side of Main Street.

• Consider adopting Resolution 3094, hazardous sidewalk.

• Consider adopting Resolution 3097, Business Improvement District boundary determination, which is a proposed $1 hotel/motel occupied room tax to support the construction of a second sheet of ice at the Mitchell Activities Center and to help create a sports authority in the city.

• Consider adopting Resolution 3098, Business Improvement District No. 2, appointment of board members, which would create a board to manage the BID consisting of Dave Helleloid, Jason Bradley, Craig Stucky, Dave Tronnes and and Brad Zimmerman.

• Hold the second reading and consider adopting Ordinance 2434, supplemental appropriations.

• Hold second reading and consider adopting Ordinance 2435, supplemental appropriations.

• Consider authorizing the finance officer to transfer $200,000 from the Fire Equipment Replacement reserve account for purchase of ladder truck.

• Consider approving a Developer's Agreement for Tax Increment District 20, Morris Inc., a previously approved Tax Increment Financing district to assist with the development of a vacant area south of the Ramada into an equipment dealership.

• Consider approving a subcontract with Muth Electric for Spruce Street Turn Lanes Project 2012-37.

• Consider approving an agreement between the city of Mitchell and South Dakota Department of Agriculture (Wildland Fire Division) for fire prevention and suppression efforts.

• Consider approving an automatic supplement to the General Fund-Police in the amount of $24,000 from an insurance claim reimbursement for roof damage repair.

• Consider declaring as surplus property one police badge and one Glock Model 22 .40 caliber handgun serial #EBS586US to be presented to Gary Kinsbury for 30 years of service to the Mitchell Department of Public Safety.

• Consider approving a raffle request from Palace City Pedalers with the drawing to be held on Aug. 24.

• Consider abating taxes in the amount of $89.72 to Sara Peterson, Lot 2 of Middle Border Estates, for a tax bill generated in a previous year to transfer the title for relocation of a mobile home.

• Hear an invocation from a St. Mary's Episcopal representative.

The council is scheduled to consider paying the following estimates:

• Water Meters Project 2012-11 contracted to HD Supply. Pay estimate 14 in the amount of $17,160.

• Miscellaneous Hazardous Sidewalk Project 2013-4D contracted to Colwell Concrete Inc., pay estimate two in the amount of $13,182.54.

• Library Renovations Project 2013-7 contracted to L.L. Jirsa, Architect. Pay estimate three in the amount of $41,268.

• Recycled Asphalt Concrete Project 2013-9 contracted to Bowes Construction Inc. Pay estimate 1-Final in the amount of $81,761.75.

• Corn Palace Renovation and Addition Project 2013-12 contracted to Meyer, Scherer and Rockcastle. Pay estimate one in the amounts of $5,220.41. Pay estimate two in the amount of $17,630.95. Pay estimate three in the amount of $14,346.70.

• Old Landfill Leachate Monitoring Project 2013-28 contracted to Leggette, Brashears and Graham. Pay estimate two in the amount of $2,187.90.

• New Landfill Monitoring Project 2013-29 contracted to Leggette, Brashears and Graham. Pay estimate three in the amount of $198.90.

• Street Department 4x4 Pickup Project 2013-31 contracted to Lamb Chevrolet & Implement. Pay estimate 1-Final in the amount of $23,146.

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