Council overrides Toomey's recycling veto

One week after Toomey vetoed the council's decision to award Dependable Sanitation a $285,600 annual bid to continue providing recycling services to Mitchel residents, the council overturned his veto.

Recycling bins from Dependable Recycling are pictured in this Daily Republic file photo. (Matt Gade / Republic)

One week after Toomey vetoed the council’s decision to award Dependable Sanitation a $285,600 annual bid to continue providing recycling services to Mitchel residents, the council overturned his veto.

In a 6-1 vote Monday night during the regularly held Mitchell City Council meeting, with Councilwoman Bev Robinson abstaining and Councilman Mel Olson voting not to override the veto, the council decided to move forward with its initial action. Dependable Sanitation, of Aberdeen, will continue to provide its curbside pickup of recycling in Mitchell for another three years. Robinson, who initially voted in support of Dependable, said she would abstain based on suggestion from private legal counsel.

The other bid came from Mitchell-based Petrik Sanitation, which offered a larger recycling bin with wheels and a lid that requires no sorting for approximately $3,000 more per year.

While the mayor spoke of public safety concerns with Dependable and numerous citizen complaints he heard about its service, Tronnes said those complaints were minimal considering the amount of households and registered voters in Mitchell.

Tronnes also spoke out in reaction to Toomey’s letter of intent to veto the decision, which reminded council members some face re-election in June, included Tronnes.


“Contrary to what you read in the veto, I can tell you that council people sitting right here don’t think about the election when making a vote,” Tronnes said, noting council members make decisions focuses on facts.

As far as ending the recycling service altogether to save money and build a large slide at the planned indoor aquatic facility, as Olson said one resident suggested, he reminded residents that’s not a feasible plan.

“That $285,000 is your money that you send in for recycling that we then give to a recycler to recycle,” Olson said. “And if we don’t recycle, we don’t get the money.”

As discussions came to a close, Councilman Dan Allen said Dependable could do a better job with some of the complaints addressed in recent meetings regarding safety, admitting the city hasn’t done a perfect job managing the contract.

And Toomey said it shouldn’t be left to the city to ensuring the dependability of a contractor.

“We should not have to hold their hand to make sure that they’re living up to their side of the contract,” Toomey said.

Looking forward, Councilman Jeff Smith said the city should consider asking one question about its recycling service: “Is it worth it or is it not?”

By overriding the veto, the city’s residents will continue to use 18-gallon blue recycling bins placed curbside.


Consent agenda The council approved the following items of the consent agenda:

  • Minutes from the Jan. 17 City Council meeting, Jan. 30 City Council work session and Jan. 9 Planning Commission.

  • The following raffle permits: A raffle for the Gertie Belle Rogers PTA with the drawing to be held March 25; A raffle for the Mitchell Community Scholarship Fund with the drawing to be held on Feb. 27; A raffle for the American Legion Post 18 with the drawing to be held on April 30; A raffle for the Veterans of Foreign Wars Post 3750 with the drawing to be held on April 30.

  • Property tax abatements for 2016 taxes payable in 2017.

  • Set 1:30 p.m. on Feb. 9 as the time and date for bid openings for Veterans Park City Project No. 2016-43.

  • Set Feb. 17 as the date for a hearing on the application of the Mitchell Elks Lodge No. 1059 for a special event liquor license located at the Masonic Lodge, 112 E. Fifth Ave. on March 11 for Wingapalooza.

  • Set 1:30 p.m. on Feb. 13 as the date to open bids of the E911 Communications System Equipment project.

  • Permission to apply for a Homeland Security Grant in the amount of $24,000 for 12 sets of tactical helmet and radio headsets.

  • Declared surplus and approve to sell one EZ-Liner paint striper.

  • Bills, payroll, salary adjustments, new employee hires, gas and deisel quotations, pay estimates and authorize the payment of recurring and other expenses in advance as approved by the finance officer.

Other business In other business, the council:

  • Called the meeting to order and hosted an executive session to discuss legal matters at 6:15 p.m. The executive session was held in the mayor’s office due to the large amount of citizens in attendance. No action was taken following the session.

  • Conducted the Pledge of Allegiance, heard an invocation from Grace Reformed Church, conducted roll call and heard citizen input.

  • Held an appeal hearing at the request of Petrik Sanitation, the Mitchell-based company that lost a bid to provide recycling services to the city to Dependable Sanitation, of Aberdeen.

  • Held a discussion and vote on Mayor Jerry Toomey’s veto of the recycling award.

  • Held hearings and approved the following applications: An application from OverTime for a special event liquor license located at the OverTime Event Center at 812 N. Rowley St.; An application to transfer retail on-sale liquor license RL-5732 from Blarney’s LLC, doing business as Blarney’s Sports Bar & Grill at 2100 Highland Way No. W, to the same location due to a change in stock ownership; An application to transfer retail on-sale liquor license RL-5350 from Lucky’s LLC, doing business as Dr. Lucky’s Bar & Grill on 205 N. Main St., to Tapp Enterprises.

  • Held a hearing and approved the application of Stephanie Kampshoff for a conditional use permit to operate a family residential child care center in her home at 622 S. Minnesota St.

  • Awarded Schoenfelder Construction a $86,391.06 bid for construction on 20th Avenue.

  • Approved a “Notice of Acceptability of Work” statement for Fifth Avenue Project No. 2016-19.

  • Approved a $25,142.80 contract with Core Engineering for geotechnical observation at the site of Mitchell’s aquatic center.

  • Approved Agreement No. A2017-05, a joint agreement between Mitchell and Davison County and Aurora and Hanson counties for information sharing between databases.

  • Approved a professional design agreement for the Corn Palace rafters and catwalks.

  • Approved Resolution No. R2017-08, which would result in a utility easement release at Bridle Acres.

  • Approved Resolution No. R2017-09, an airport terminal lease to Dakota Flight Center, LLC, in which the lease terms are still being negotiated.

  • Held the second reading and adoption of Ordinance No. 02017-01, which would rezone a portion of Cadwell Park First Addition from high density residential to public lands and institutions. The rezoning would allow the Mitchell Baseball Association to construct a training facility on the land.
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