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City Council to consider nuisance code overhaul

Mitchell residents could soon have the means to effect change if a neighbor's property "annoys" them. The Mitchell City Council will consider whether to adopt an ordinance strengthening the city's nuisance code during Monday night's regular meeti...

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Mitchell residents could soon have the means to effect change if a neighbor's property "annoys" them.

The Mitchell City Council will consider whether to adopt an ordinance strengthening the city's nuisance code during Monday night's regular meeting at City Hall. The council, which will meet at 5 p.m. instead of its usual 6:30 p.m. start, will also have the opportunity to instead hold the first reading for a revised version of the same ordinance.

The ordinance, championed by Mitchell Mayor Jerry Toomey and drafted by City Attorney Justin Johnson, is a major overhaul of the existing nuisance code and meant to make the code more enforceable by city officials.

In a report included in the council agenda, Johnson said the revision is a response to "a significant amount of community complaints relating to deteriorated homes and buildings along with other nuisance conditions throughout the City."

Among the changes are lines within the code stating its purpose is to "protect the public from conditions hazardous to public health and safety, maintain community aesthetics, prevent blight conditions from arising, and generally preserve real estate values for property owners and to provide procedures for the abatement of conditions contrary to such purposes."

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But the ordinance was questioned on first reading in November.

Councilman Mel Olson noted the inclusion of the word "annoys" in the proposed code changes. He asked if a neighbor's home were painted a color he found annoying could force the neighbor to repaint their house. Councilman Steve Rice also questioned the inclusion of the word "annoys" in the ordinance update.

But according to Johnson, who was tasked with writing the update, the changes will be more specific and detailed than the current code.

"The hope is that by making the procedure more transparent and giving people a better idea of what they need to be correcting and maintaining, that the City will see fewer nuisance properties and receive increased voluntary compliance when nuisance conditions do arise," Johnson said in his report.

Consent agenda

The council will consider approving the following items of the consent agenda:

• Minutes from the Nov. 21 City Council and Nov. 14 Planning Commission meetings.

• Raffle permits from the Abbott House, Mitchell Lions Club and the Lake Mitchell Bassmasters.

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• Automatic supplements to the traffic division, various tax increment finance districts and the Mitchell Municipal Airport.

• Set Dec. 19 as the date for the following hearings: An application from Mitchell Elks Lodge to transfer retail on-sale liquor license RL-5772 from Mitchell Elks Lodge, 112 E. Fifth Ave., to the same location due to a change in configuration of the licensed premises to include a concrete pad; An application from Overtime Steakhouse & Sports Bar for a special event liquor license at the Overtime Event Center, located at 812 N. Rowley St., on Jan. 7 for a holiday party; An application from Overtime Steakhouse & Sports Bar for a special event liquor license at the Overtime Event Center, located at 812 N. Rowley St., on Jan. 14 for a dart tournament.

• Taxicab licenses to Becky's Vans, E-Z Ride Taxi, Palace Transit and Granite Springs Lodge LLC.

• A S.D. Steps to Wellness Workplace grant of $1,250.

• Set Dec. 19 as the date for a hearing on the application of Tokyo Japanese Cuisine LLC for a new retail on-off sale wine license located at 819 E. Spruce St.

• Change Order No. 3 with Menning Backhoe LLC for North Rowley City Project 2016-3. If approved, the contract will rise by $5,467.75, increasing the total contract to $179,996.

• Change Order No. 1 to Sidewalk Project 2016-4 Schedule B Rowley Street Sidewalks. If approved, the contract with Big O Concrete will rise by $4,333.52, increasing the total contract amount to $92,710.61.

• Change Order No. 2 with Top Grade Concrete for Sidewalk City Project 2016-4D Miscellaneous Projects. If approved, the contract will increase by $17,060.30, raising the contract amount to $46,364.14.

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• Change Order No. 1 to Big O Concrete for Curb & Gutter City Project 2016-14B. If approved, the contract will be increased by $3,692.25, raising the contract total to $90,940.70.

• Change Order No. 3 with VanderPol Dragline Inc. for the AIP 3-46-0037-26 Hangar Road & Parking Lot Improvements Project. If approved, the contract would rise by $756.60, increasing the final contract amount to $184,075.45.

• Pay estimates, bills, payroll, salary adjustments, new employee hires and authorize payment of recurring and other expenses in advance as approved by the finance officer.

Agenda items

The council will consider the following agenda items:

• Council members Mel Olson, Bev Robinson, Dave Tronnes, Dan Allen and Susan Tjarks will meet as the Public Properties Committee to consider a street light request at the Wild Oak development.

• Call the City Council meeting to order, conduct the Pledge of Allegiance, hear an invocation from the Mitchell Wesleyan Church, conduct roll call and listen to citizen input.

• A hearing on the application to transfer retail on-off sale wine license RW-6530 and package off-sale liquor license PL-4695 from TEAM Haus, doing business as Dakota Sunset, 1524 W. Havens Ave., to Meyers Oil Company Inc., doing business as Dakota Sunset Shell, 1524 W. Havens Ave.

• Action to approve or deny one package off-sale liquor license and four retail on-off sale wine licenses.

• A hearing on the application of Brianna Blom and Curtis and Sandra Melor for a conditional use permit to operate a family residential child care facility in the residence located at 912 E. Seventh Ave.

• Action to table a hearing on a conditional use permit request from West Havens Storage LLC to Dec. 19.

• Action to approve or deny 2016 capital grant funds.

• Action to accept or deny and a state Department of Health Workplace Wellness Grant.

• Action on 2017 employee benefit rates for dental, life and flexible spending.

• Hold the second reading and consider adoption of Ordinance No. 2556, which would allow 10 members to continue serving on the Corn Palace Events & Entertainment Board.

• Hold the second reading and consider adoption of Ordinance No. 2557, or consider the first reading of Ordinance No. 2557 with revisions.

• Hold the first reading of Ordinance No. 2558 on supplemental appropriations.

• Motion to adjourn.

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