Lakeshore issues must be clarified, City Council told

Talk about it

The rules for building or revising structures along Lake Mitchell need to be clarified, Mitchell City Attorney Randy Stiles told the City Council on Monday night at City Hall.

That’s why Stiles asked for permission to draft ordinances to clear up potential problems and some vague areas in city law. It’s also why a six-month moratorium is needed on building permits for residential properties on Lake Mitchell if a project would impact the high-water mark, he said.

The council unanimously approved Resolution 2913, titled “Lake Mitchell Shoreline Preservation.” No new buildings or work on existing buildings that might “alter, change or move in any manner the high water mark of the lake property” will be allowed during the six months.

“There’s some unique things that should be done out there at Lake Mitchell,” Stiles said.

One of the main problems is that property lines are not defined as shoreline. Accessory building rules are also unclear, the city attorney said.

He noted that some people are not aware they need state Game, Fish and Parks Department permits for a project that touches the lakeshore, or that they may need a federal permit from the Army, since the Corps of Engineers also has an area of jurisdiction in and by the lake.

Violating the federal law could lead to criminal prosecution, Stiles said.

He said the new ordinances could be completed in six months. Stiles said he will work with the Planning and Zoning Commission and the Lake Mitchell Advisory Committee while drafting the city regulations.

“I think we can,” he said when asked if the ordinances could be prepared in six months. “It’s a matter of redefining what a property line is.”

The council members said they support the concept.

“It’s to straighten out our ordinances,” Councilwoman Geri Beck said.

In other agenda items:

• The city will continue to allow commercial businesses to drop off compost at the compost drop-off site when the city landfill is closed.

City staff wondered if that should be allowed, since it then requires city employees to haul the compost to the landfill. The council said it is a convenience to local residents and not a major burden for city staff.

There was discussion of renting keys to the drop-off site to business owners, but that idea was rejected. The drop-off site is located at 1405 W. Eighth Ave.

• The council approved a plan for a waste tire collection program to be held at the landfill this fall.

The city will collect used tires from private citizens in a fivecounty area and then contract with a company to dispose of the tires. The city will write checks to the firm and will then be reimbursed by the state, Street and Sanitation Superintendent Ron Olson told the council.

The council approved what is called an “automatic supplement” of $100,000 to the Sanitation Enterprise Fund, Landfill, for the Waste Tire Disposal Program. The city will use money from the fund but will get it all back from the state, the council was told.

This fall, area residents will be allowed to drop off tires for free. Businesses will not be allowed to do so, Olson said.

• The council awarded bids for paving and overlay for City Project 2011-15 to Commercial Asphalt, of Mitchell, which submitted the only bids, totaling $638,953.

Public Works Deputy Director Terry Johnson said the reason only one bid is usually submitted is because asphalt firms rarely leave their area because of travel costs.

• The council awarded bids for Sanborn Street concrete panel repair, City Project 2011-22, to Rexwinkel Concrete, of Corsica, which bid $64,311.59.

Councilman Mel Olson asked if this would reduce the number of potholes in the street. Johnson said panels with potholes would be replaced, in some cases in sections as large as 30 feet.

The northbound lane will be closed this summer for the work, while the southbound lanes will be improved next year.

• It adopted Resolution 2912, the plat of Lots 12-A and 12-B, a subdivision of previously platted Lot 12, Block 2, Woodland Heights First Addition.

The land is owned by non-area residents who wish to divide it into two, the council was told.

• It held the first reading of Ordinance 2362, rezoning Triple “D” Tract.

Daren Long, of Mitchell, wants to build a storage building to house mobile homes, the council was told. The Planning and Zoning Commission will hold a hearing on the request Monday.

• The council held the first reading of Ordinance 2363, which includes supplemental appropriations of $2,500 for computer software and $3,500 for computer hardware as well as $12,000 for the city-owned Lakeview Golf Course, with $6,000 for sand and $6,000 for trees and sod.

• The council set May 16 dates for hearings on applications for the renewal of malt beverage and South Dakota farm wine licenses; on the application of the Palace City Lions Club for a special event malt beverage license at Hitchcock Park on June 7 for the Tour de Kota event; and the application of the Palace City Lions Club for a special event malt beverage license at the Horseman’s Sports Arena on July 14-17 for the Corn Palace Stampede Rodeo event.

• It set a June 6 hearing on the proposed resolution of necessity for construction of base course, curb and gutter, storm sewer, concrete alley paving, concrete removal, accessories, approach pavements, miscellaneous expenses and engineering services and project interest for an alley from North Kimball Street to North Langdon Street.

• A June 6 hearing was set on the proposed resolution of necessity for construction of bituminous paving, base course, curb and gutter, storm sewer, a portion of concrete alley paving, concrete removal, accessories, approach pavements, miscellaneous expenses and engineering services and project interest for North Langdon from East Seventh Street north to an alley.

• The council approved a Dissemination Agent Agreement with Northland Securities, a Minneapolis, Minn., firm with an office in Pierre, to provide continuing disclosure services for qualifying bond issues.

The company will be paid $1,250 to assist the city with complex new federal regulations on disclosure on two bonds the city has currently, Finance Officer Marilyn Wilson said.

• It approved an automatic supplement to the Special Revenue Fund, Parks and Recreation, in the amount of $14,200 for a Daktronics sign for the Mitchell Activities Center ice arena from a donation of funds.

• It approved an automatic supplement to the Special Revenue Fund, Parks and Recreation, in the amount of $3,500 for restroom construction at Frank’s Bay from a donation of funds.

• The council approved these raffle requests: Heart and Sole Cancer Assistance Inc., doing business as Heart and Sole Cancer Walk/Run, with the drawing to be held on June 17; Mitchell Main Street and Beyond, with the drawing to be held on Aug. 27; and Pheasant Country, with the drawing to be held on Oct. 14.

• The council approved an abatement of taxes in the amount of $812.60 to Mitchell School District for Lots A-4 and A-5, a subdivision of Lot A in the southwest quarter of 27-103-60.

• The council sat as the Board of Adjustment and set May 16 dates:

For a hearing on the application of Shannon Jones for a conditional use permit to operate a daycare center in her home at 401 South Edmunds.

For a hearing on the application of Michelle Moller for a conditional use permit to operate a daycare center in her home, located at 621 N. Wisconsin.

For a hearing on the application of Daren Long on the matter of rezoning property described by Triple “D” Tract 1, the southeast quarter of Section 23, T 103 N, R 60 W of the 5th P.M. in Davison County, which shall be known as the northeast corner of South Mattie Street and East Havens Avenue from its present use and now designated NS/CN District to I District as defined by the ordinances of the city.

• The council approved pay estimates.

• The Public Health and Safety Committee approved adding two street lights by Mitchell Christian School, 805 W. 18th Ave.

This will make three lights to be placed by the school this summer, Johnson said.

• Mary Mortenson, a Trinity Lutheran Church representative, gave the invocation and prayed for the elected leaders to listen well and speak only as needed. It drew smiles and laughter from the audience — and the officials.

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