Council approves Memorial Day hard liquor sales

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• City Council webcast

Hard liquor will be available in Mitchell by the glass and by the bottle on Memorial Day 2011, unless there is public opposition to the change.

The Mitchell City Council voted to allow on- and off-sale of hard liquor on the holiday during its meeting Monday night at City Hall. A second reading and final vote on the ordinance is set for Aug. 2.

The Legislature passed a bill in the 2010 session to allow cities to decide the issue for themselves. Hard liquor sales have been banned on Memorial Day across the state. Malt beverages could be sold on that day.

Councilman Mel Olson said he knows of veterans who want to “raise a toast to fallen comrades” on that date and the other council members agreed, passing the change quickly.

Earlier this year, the council approved Sunday sales of hard liquor by the bottle, but that was referred to the November ballot. The Memorial Day liquor law could also be referred, the council was told.

In other news from the meeting:

• Sales tax revenue is on the rise in Mitchell.

The first- and second-penny sales tax collection is up 5.5 percent in the first six months of the year, Finance Officer Marilyn Wilson reported. That’s especially impressive, Wilson said, since it was down 5.66 percent for the first three months of the year.

The city has collected $1,946,573.76 of each penny so far in 2010, compared to $1,845,076.56 in 2009.

Entertainment tax revenue was also up. It has increased 12.73 percent so far this year, Wilson said.

The city collected $246,820.09 in the entertainment tax so far this year, compared to $218,938.90 at this point last year.

• Council members were told a change to the open meetings law will impact how they conduct business.

Assistant City Attorney Doug Papendick said under the new interpretation, the council can receive committee and department reports but cannot vote to accept them until the next meeting.

“This is something new. It‘s a little different,” Papendick said. “We’re still trying to figure it out.”

He said if an urgent matter is presented to a committee, the committee should instead place it on the council agenda for immediate action.

Mayor Lou Sebert said he dislikes the law.

“If the intent of this law was to inform the public, it sure screwed up,” Sebert said. “Their method is absolutely ludicrous.”

• The council will discuss the land along and near Lake Mitchell at its first meeting in August.

It had planned to do so months ago after citizens packed a meeting to protest a proposed land swap. But when converting the land to park land was placed on a petition to be voted on Nov. 2, there was talk of dropping the issue from council discussions.

But Olson and others said they feel the public should know what the city intended to do with the property before they go to the polls. Olson said it’s not a question of preserving all trees or tearing them all down.

“I think we’re in the middle,” he said.

Council President Jeff Smith said people should know the council favors preserving the “three beautiful rows of trees” but is concerned about other rundown areas along the lakeshore and wants to be able to take actions in the best long-term interests of the city, the lake and local residents.

• Sebert made recommendations for numerous committee appointments that were quickly approved.

All council members will serve on the Zoning/Board of Adjustment, the Finance Committee and the Public Works Committee. Other committees are a blend of council members, city staff and private citizens.

• The council approved an automatic supplement to the Capital Project Fund for the MTI infrastructure project in the amount of $1,450,000. It will come from bond proceeds.

• It approved an automatic supplement to the Capital Project Fund for the Pepsi Warehouse project in the amount of $623,000 gathered from bond proceeds.

• Sebert recommended the appointment of Parks, Recreation & Forestry Department Director Dusty Rodiek, who was then sworn in. Other department heads were sworn in two weeks ago, but Rodiek was unable to attend that meeting.

• The council approved the second reading of Ordinance No. 2335, supplemental appropriations of $1,000 from general funds for an audit, and $150,000 from grant funds for bike-path construction.

• It gave initial approval to Ordinance No. 2337, a $20,000 supplemental appropriation from the Golf Course Fund to pay for a range ball system.

• The council gave initial approval to rename Harriet Street to South Pepsi Street. The change would take place in late August unless it’s discovered there was a legally binding reason for the current name.

• It set an Aug. 2 date for a hearing on the application of the Exchange Club of Mitchell for a Special Event Malt Beverage License at the Horseman’s Sports Arena for the Bull Bash on Aug. 18.

• The council also set an Aug. 2 hearing on the application of the Palace City Lions Club for a Special Event Malt Beverage License at Hitchcock Park for the Tour de Korn event on Aug. 28.

• It set an Aug. 2 hearing on the application of the South Dakota Wine Growers Association for a Special On-Sale Wine Retailer’s License and a Special Off-Sale Package Wine Dealer’s License at the Corn Palace and City Hall Aug. 25-29.

• An Aug. 2 hearing was set on the application of Cornerstone Coffee House LLC for a Retail (On-Off Sale) Wine License located at 123 East Third.

• The council declared a sidewalk at 221 E. 10th hazardous after a report of a slip and fall accident there. The property owner has six weeks to replace a 10-foot stretch of sidewalk or the city will do it and assess the cost to the property owner.

• The council voted to annex 1660 E. Eighth, lot one, block six in the Firesteel Heights Subdivision, after a request from the landowners, Michael R. and Pamela S. Bathke. The couple plan to build a home there and want to connect to city utilities.

• The council approved the plat of Lot 3 of the Island First Addition.

• It approved a request of Imagine Guild Inc. to conduct various raffles with the drawings to be held on various dates from July through June 2011.

• The applications of Thomas Delton Gates for a taxi cab driver’s license for Becky’s Vans, Designated Drivers, and Cynthia Novachich for a taxi cab driver’s license for E-Z Ride Taxi were approved. Novachich’s past driving record was discussed before the license was granted.

• The council approved numerous pay estimates.

• An application by Brad Jamison for a variance to construct a garage was heard. The Planning Commission had tabled the item and the council did so as well.

• An application by Jim Puetz for a variance to construct an addition to a garage at 1410 E. Ash Ave. was rejected. Puetz had not attended two Planning Commission meetings and was not at the council meeting.

• The board set an Aug. 2 date for a hearing on the application of Mitchell Retirement LLC for a conditional use permit to operate more than 24 units of multi-family dwelling assisted living congregate care at 2100 North Wisconsin.

• The board set an Aug. 2 date for a hearing on the application of Laura Trautman for a conditional use permit to operate a day care center in her home at 929 East Hanson Ave.

• An Aug. 2 date was set for a hearing on the application of Mike Miiller and Suann Streetman for a variance to construct an accessory building at 1112 South Kimball.

• The same date was set for a hearing on the application of Frank and Mary Bruna for a variance to construct a house/garage at 30 Cypress Point.

• The Traffic Commission met before the council meeting and tabled a request from the city to change the threelane roadway on East Spruce from A&G Diesel to Sportsman’s Car Wash to two lanes. The turn lane is rarely used and this will extend the life of the roadway, according to city staff reports. The issue will be brought back up after city staff reviews the plan.

• The city’s request to change Cabela Drive from three lanes to two was also tabled.

• The commission approved no parking zones at 821 East and 822 East First. Both of these private homes are across from the new Longfellow Elementary School entrance and the homeowners were asking for 6-foot, yellow no-parking designations on the curbs on both sides of their driveways.

• The commission voted to place a stop sign at 11th and Duff, a crosswalk at First and Mentzer Street and to extend the school zone on East First Avenue a half block west of Mentzer.

• The Outkasts Car Club was given permission for an addition of one more block for its car show area on Main Street from First to Railroad Street, leaving First Street open to traffic flow.

• The commission agreed to close Main Street from First to Seventh and halfway on side streets for the Corn Palace Festival. The streets will be closed from 4 a.m. Tuesday, Aug. 24, to 2 a.m. Monday, Aug. 30.

• The Tour de Corn Committee will be able to block off Seventh Street from Lawler to Main streets from 4 a.m. to 9:30 a.m. Aug. 28 for registration. It will also use part of the Corn Palace parking lot for its event.

• The Dakota Wesleyan University Student Activities Board received a parade permit for the homecoming parade on Oct. 2. The parade will be held from 10:30 a.m. to 12:30 p.m. on Main Street from Ninth to Railroad. The board is also asking to have cars removed from the street. The street will be closed to all vehicles from 4 a.m. until the parade is over.

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