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Council to consider new rules on the lake, loitering

Dust off the rule book, because Mitchell could add several new regulations to city code. A handful of updates to city code will reach the Mitchell City Council at Monday night's regular meeting, including two meant to assist in the cleanup effort...

Dust off the rule book, because Mitchell could add several new regulations to city code.

A handful of updates to city code will reach the Mitchell City Council at Monday night's regular meeting, including two meant to assist in the cleanup effort at Lake Mitchell, two regarding pedestrian traffic on Mitchell roadways and one barring late night loitering in public parking lots.

The council will meet to consider the ordinance updates at 6:30 p.m. in Council Chambers at City Hall located on North Main Street. This will be the first City Council meeting since the eight-person board voted to move the meetings up one hour from its longtime 7:30 p.m. start time.

The council will hear the first reading of the two lake-related ordinances on Monday. The first proposal, which was recommended by the Lake Mitchell Advisory Committee at its April meeting, would ban the dumping of yard waste, tree debris or other garbage into public bodies of water. The recommendation of the ordinance came after one lake committee member said he saw a neighbor blowing yard waste directly into the lake, including phosphorus-laden leaves.

The local board will also get its first look at a proposed ordinance to prohibit the use of phosphorus fertilizer in city limits without written permission from the mayor.

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While the proposal claims fertilizers including phosphorus are not being sold in Mitchell and are not used by landscaping companies, Mayor Jerry Toomey requested the ordinance be placed on the agenda to address any potential use of algae-causing phosphorus fertilizers near the lake.

A second reading of an ordinance to ban skateboarders from skating on Mitchell's streets unless crossing at an intersection will also be held Monday. At the most recent council meeting, Councilman Mel Olson suggested the city also ban any pedestrian from walking or running on a Mitchell street if there is a sidewalk that could be used alongside the roadway.

Olson's recommendation will appear on the council agenda and would prevent walkers, joggers or anyone riding an electric personal assistive device from using roadways, other than crossing at an intersection. This would not apply if there is no sidewalk next to the street.

The council will also consider adopting an ordinance making loitering in a public parking lot between 11 p.m. and 7 a.m. illegal without permission from the mayor. If approved, a violator would receive 10 minutes to vacate the premises before any arrests are made or any citations are issued.

What will not likely appear on the agenda is Toomey's proposal to bar trailers, campers and boats from parking streetside in Mitchell. Toomey hoped to have the proposal passed before people started to park their recreational vehicles streetside for the camping season, but he wanted to establish a parking committee to hash out concerns from opponents.

A request to table the ordinance appears on the council agenda again for the May 2 meeting. The idea was officially proposed at the April 4 council meeting, but it was tabled for further discussion. Toomey has argued the plan will make Mitchell streets safer, but opponents have questioned the impact the proposal would have on local small business owners who park their work trailers streetside near their homes.

Consent agenda

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

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• The City Council agenda, council minutes from the previous council meeting and committee minutes from the March 28 Planning Commission and April 18 Traffic Commission meetings.

• A raffle request from James River Valley Chapter of the Rocky Mountain Elk Foundation with the drawing to be held Sept. 8.

• Change Order No. 4 to West Spruce Street Reconstruction Project No. 2013-1 to Robert Johnson Construction Inc. decreasing the contract amount by $10,698.66 for savings from bid quantities, adjusting the contract amount to $2,427,851.27.

• Set May 16 as the date for a hearing on the application to transfer retail on-sale liquor license RL-5764 from Bathke Enterprises LLC, doing business as One-Eyed Jacks Casino, 1401 N. Main St., Suite 109, to Bates Enterprises, doing business as One-Eyed Jacks Casino, 1401 N. Main St., Suite 108.

• Set May 16 as the date for a hearing on the applications of Mitchell Elks Lodge No. 1059 for a special event liquor license located at the Masonic Lodge, 112 E. Fifth Ave., for June 4 and June 25, both for a wedding dance.

• Set May 16 as date for a hearing on the application to apply for an on-sale liquor license at the World's Only Corn Palace, 604-612 N. Main St. for a municipal auditorium license.

• Set date of May 23 to receive and consider bids for an automated side loader for City Project No. 2016-33 at 1:30 p.m. in Council Chambers of City Hall.

• An application of Mitchell Main Street & Beyond to sponsor a special event located on Main Street from 6 p.m. June 17 to 7 p.m. June 18 to include a noise permit and also the closure of North Main Street from First Avenue to Fifth Avenue and a half block east and west of Main Street on Second, Third, Fourth and Fifth avenues. First Avenue would remain open and no alcohol would be permitted on a public street or sidewalk for the 2016 Summer Soulstice Arts Festival.

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• An automatic supplement to the General Fund - Police Department in the amount of $4,680.96 for repairs for the armored vehicle from a reimbursement from the state of South Dakota.

• The application and acceptance of grant funds for the Department of Public Safety, including $2,070 from a South Dakota Highway Safety for DUI Enforcement grant, $32,389.24 from a South Dakota Highway Safety for the South Central Alcohol Task Force grant and $25,675 from a South Dakota Highway Safety for Speed Enforcement grant.

• Gas and diesel fuel competitive quotations and pay estimates.

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

Agenda items

The council will consider the following agenda items:

• Call the meeting to order, conduct the Pledge of Allegiance, hear an invocation from the Salvation Army, conduct roll call and hear citizen input.

• A hearing on the application to transfer retail on-off sale malt beverage license RB-3833 from LAB LLC, 501 S. Sanborn Blvd., to PRG Mitchell LLC, doing business as Marco's Pizza, 605 S. Sanborn Blvd.

• A hearing on the application of Imagine Guild Inc. for a special event malt beverage license located on Main Street by closing the following: South Main Street from First Avenue south to Railroad Street, as well as Railroad Street from a half block east of Main Street to South Kimball Street including both city of Mitchell parking lots south of First Avenue. Imagine Guild Inc. also requests the closure of Main Street from First Avenue north to Second Avenue to park motorcycles for the Memorial Weekend in Mitchell event and Barbecue Cook-Off on May 28.

• Entertain a motion to recess as City Council and sit as the Board of Adjustment.

• As the Board of Adjustment, consider setting May 16 as the date for a hearing on the application of Danetrea Sonne for a conditional use permit to operate a family residential day care center located at 408 E. 12th Ave., legally described as Lot 10, Block 1, Frosts Addition in Mitchell.

• Hold hearings on the application of Michelle Semmler for a conditional use permit to operate a family residential day care center located at 821 E. Fourth Ave., legally described as Lot 1, Block 14, F.M. Greene Addition in Mitchell and for the application of Delvin and Delana Schelske for a conditional use permit for construction of a retail building located in the 1701 Block of Rew Place, legally described as Lots 5 and 6 of Knollwood Heights Second Subdivision in Mitchell.

• Reconvene as City Council.

• Consider action to authorize the mayor to sign a utility easement and easement purchase agreement with Trent Johnson, managing partner of Jim River Ridge Farms LLP for a wastewater forcemain project.

• Consider approving the purchase of a Sno-Go MP Series Snow Blower from the National Joint Powers Alliance Contract at the cost of $142,814.

• Consider action to approve bids on City Project No. 2016-9 for asphalt and concrete crushing and City Project No. 2016-34 for a dump truck chassis.

• Consider action to table ordinance No. 2535, an update to the city's parking ordinance, to the May 16 City Council meeting.

• Consider action to approve Ordinance No. 2536 for supplemental appropriations.

• Hold the second reading and consider adoption of Ordinance No. 2537, amending the City of Mitchell Municipal Ordinance, Title Nine, Chapter Four, Sign Regulations.

• Hold the second reading and consider adoption of Ordinance No. 2538, adding Section 6-3-1-3 to the Mitchell City Code regarding loitering.

• Hold the second reading and consider adoption of Ordinance No. 2539, adding section 7-8-5 to the Mitchell City Code regarding skates and skateboards.

• Hold the first reading of Ordinance No. 2540, amending section 5-4A-6 of the Mitchell City Code by adding a new subsection thereto concerning littering in public bodies of water or banks.

• Hold the first reading of Ordinance No. 2541, amending Section 8-3-1 of the Mitchell City Code by revising and adding definitions.

• Hold the first reading of Ordinance No. 2542, amending Section 7-5-3 of the Mitchell City Code regarding pedestrians traveling in roadways.

• Hold the first reading of Ordinance No. 2543, adding Section 8-4-4 of the Mitchell City Code regarding the restricted use of fertilizers containing phosphorous within the jurisdiction of the city of Mitchell.

• Hold the first reading of Ordinance No. 2544, revising Mitchell City Code Title 7, Chapter 10, general vehicle regulations, by re-organizing and amending the sections.

• Hold a discussion on Corn Palace lighting.

• Hold a discussion on the voter-approved aquatics facility.

• Motion to adjourn.

Related Topics: LAKE MITCHELL
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