Tracy will name new city attorney at Monday meeting

• Mayor Ken Tracy

Mayor Ken Tracy

Talk about it

Mayor Ken Tracy has chosen a new city attorney.

Tracy will recommend the appointment of a city attorney at tonight’s City Council meeting and will administer the Oath of Office to the new city lawyer if the council approves his selection. Tracy declined to name the new city attorney Friday but said it is a person from Mitchell.

The new city attorney will replace Randy Stiles, who was fired by Tracy in June. Stiles worked with Deputy City Attorney Doug Papendick. Tracy said he favors a one-year deal for the city attorney and sees no need for a deputy city attorney.

“Traditionally, it has been a one-year contract,” the mayor said. “Randy Stiles had a three-year contract. I was not on the council at that time.”

Tracy said he will recommend a $55,000 annual salary with no benefits, since he views it as a part-time position. He based that on the contract for previous city attorneys.

“It’s going to be very similar,” he said. “Stiles and Papendick, the package they had was one where Stiles got a salary and we paid some retirement and Papendick got a smaller salary and some health insurance benefits.”

Tracy said he has conducted interviews but has not made a choice on a new director of senior services. The new person would replace Brenda Paradis, who was also fired by Tracy.

“We’re working toward that end also,” he said.

The council meets at 7:30 p.m. in City Hall Council Chambers at 612 N. Main St. The meeting is open to the public.

The council will also:

* Discuss conducting secondary elections, also known as runoffs.

This was first discussed before the June 5 election, which featured six candidates for mayor. The concern at that time was a mayor could be elected with the vast majority of voters favoring other candidates. Tracy was elected with slightly more than 30 percent of the vote.

Under the proposed ordinance, if the winner of a race with three or more candidates does not receive 50 percent of the vote plus one vote, a runoff would be held three weeks later.

South Dakota towns and cities are allowed to hold runoff elections if they chose but few do. This issue was to be discussed at the July 16 meeting but was tabled when the meeting ran long.

* Hold the second reading of and consider adopting Ordinance 2408, which would repeal and replace the current zoning code.

The new code, which takes up 102 pages in the agenda, was worked on by city staff and Planning and Zoning Commission members for more than two years. It will update and clean up areas of the code. It was initially passed by the council July 16.

The council will also review an ordinance amending Title 10, zoning regulations for chapter six commercial districts, Article A, Neighborhood Shopping Districts, that would allow the on-sale of alcohol in the shopping districts in residential areas.

That has caused some discussion and drawn opposition at planning meeting as well as at the July 16 council meeting.

Tracy said that this issue, which was separated from the rest of the new zoning code at the July 16 meeting, will be returned to the Mitchell Planning and Zoning Commission for hearings. It may be discussed tonight, he said, but no action will be taken.

* Hear representatives of the Mitchell Aquatic Club offer a statement of support for an indoor pool project.

The city is considering an expansion of the Rec Center pool, and there has been a second plan floated for a public-private partnership to build a large recreation center that would include an indoor pool.

* Hear a report from the City Hall Relocation Committee.

Tracy was serving as chairman of the committee before he was elected mayor. The committee has focused on shifting City Hall to the Mitchell Technical Institute North Campus building and then using the current City Hall as a space for a Corn Palace expansion.

* Hear reports from the Public Properties and Sidewalk committees, which will meet before the council does.

The Public Properties Committee will meet at 6:45 p.m.to review installing street lights on North Sanborn Boulevard from 15th Street to the bypass.

The Sidewalk Committee will meet at 7 p.m. to review a July 16 sidewalk tour and consider future sidewalks in the city.

* Set an Aug. 20 date for a hearing on the application of White Headed Robin Winery for a Special Event Wine License for Aug. 22-29 on Main Street for the Corn Palace Festival.

* Set an Aug. 20 date for hearing on the application of the Make-A-Wish Foundation for a Special Event Malt Beverage & Wine License at Hitchcock Park on Sept. 8 for Summer’s Last Dance.

* Set an Aug. 28 date to receive and consider bids for a project in the Muth Alley, north of Seventh from Kimball to Langdon, city project 2012-19B.

* Award bids on the North Ohlman storm sewer extension, city project 2012-39.

* Ratify a South Dakota Department of Transportation work order for a project on phase two of the bike path, city project 2010-2.

* Consider adopting Resolution 3014, authorizing application to the state water plan to replace the Norway Avenue sanitary sewer lift station and force main.

* Consider adopting Resolution 3015, which would raise sewer rates, effective Oct. 1.

* Consider Resolution 3016, the plat of Lot A-2, a subdivision of Lot 2 in Skyline Estates in the south 100 acres in the northwest quarter of section 14, T 103 N, R 60 W of the fifth prime meridian in the city of Mitchell.

* Consider Resolution 3017, a contingency transfer of $8,500 for traffic barricades.

* Consider Resolution 3018, approving a contract for private development for tax increment district 17, the Woods Addition on the eastern edge of the city along First Avenue.

* Consider approving an automatic supplement to the General Fund, Library, of $1,200 for professional services from the library board trustees fund.

* Consider an automatic supplement to the Special Revenue Fund, Parks & Recreation, in the amount of $1,358 for Hitchcock Park garden supplies from a donation of funds.

* Consider an automatic supplement to the General Fund, Public Safety, in the amount of $2,775 for vehicle damage payment to the James Valley Drug Task Force from an insurance claim reimbursement.

* Consider an automatic supplement to the General Fund, Public Safety, in the amount of $71,000 for three vehicle purchases from an insurance claim reimbursement.

* Sit as the Board of Adjustment to:

Hold a hearing on the application of Ken and Kim Griffith for a conditional use permit to construct mini-storage buildings at 403 E. Juniper Ave.

Set an Aug. 20 hearing on the application of Ken and Kim Griffith for a front yard variance of 20 feet instead of the required 30 feet at that same address. The request is being made because the front yard setback is not being met.

Set an Aug. 20 date for a hearing on the application of Bonnie Wells for a variance to place a new home with an attached garage at 615 S. Davison St. The request is being made as corner side yard setback is not being met.

Set an Aug. 20 date for a hearing on the application of JoAnn and Travis Hohrman for a variance to request the distance between their principal and accessory building be 3 feet instead of the mandated 10 feet at 1505 E. Hanson Ave.

Hold a hearing on the application of Kayla Gruenstein for a conditional use permit to operate a child care center in her home located at 912 E. Second Ave.

* Declare as surplus two hail-damaged vehicles for disposal: a 2002 Dodge Intrepid and a 2005 Ford Crown Victoria.

* Declare as surplus a 1987 Roscoe steel face roller to sell to Hanson County for $1,500.

* Approve these raffle requests: Mitchell Area Charitable Foundation, with the drawing to be held on Oct. 9, and Mitchell Animal Rescue, Mitchell, with the drawing to be held on Oct. 13.

* Approve these pay estimates:

Ash & Langdon sidewalk project 2012-4A contracted to Colwell Concrete Inc. Pay estimate 4 in the amount of $14,694.27.

Hazardous sidewalk project 2012-4C contracted to Big “O” Concrete. Pay estimate 6 in the amount of $21,590.13.

Old landfill leachate monitoring Project 2012-28 contracted to Leggette, Brashears & Graham. Pay estimate 4 in the amount of $564.57.

New landfill monitoring project 2012-29 contracted to Leggette, Brashears & Graham. Pay estimate 3 in the amount of $616.59.

Public Works Department quad cab pickup project 2012-38 contracted to Billion Chrysler Jeep Dodge. Pay estimate 1, final, in the amount of $22,000.

* Hear an invocation from a Grace Baptist Church representative.

Tags: city council, city attorney, election 2012, news, updates, local, mitchell