Due to high concentration of lead recently found in the former Crafty Fox building on Main Street, the Mitchell City Council will consider approving a contractor on Monday to remove it.

According to City Engineer Joe Schroeder’s memo to the council, a recent survey of the former Crafty Fox building, located at 223 N. Main St., revealed there was lead that “exceeded the Environmental Protection Agency’s lead dust concentration for a residence.” During the 6 p.m. meeting on Monday at City Hall, the council will consider approving recommendation of Floortec Cleaning to execute the lead removal at a cost of $21,801.

The city has been renovating the building and correcting nuisance conditions, including window repairs and roof work, but the renovation work will be on hold until the lead removal process is completed, according to Schroeder. Schroeder's memo also noted the city has requested the contractor working on the window repairs to not enter the building without proper protective equipment.

The city purchased the 223 N. Main St. building -- which had been deemed a nuisance property -- roughly two years ago and planned on transferring ownership over to the Mitchell Area Development Corporation. However, the transfer was halted after the previous property owners filed a lawsuit against the city and MADC, alleging the city wrongly took ownership of the building through threats and conspiracy that violated their civil rights. The city filed its own lawsuit thereafter as a counterclaim against Janice and Ronald Christensen’s lawsuit, which also alleged the former property owners did not pay the appropriate mortgages.

According to City Attorney Justin Johnson, the city and the Christensens have reached a settlement agreement on the dispute. The council will also take action on approving the settlement agreement during Monday’s meeting. A dollar figure of the settlement agreement was not disclosed on the council agenda.

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Over the past year, the city has been renovating the building and correcting the nuisance conditions like the window repairs and improving the roof.

Since taking ownership of the property, the city has put $60,000 into fixing the windows and roughly $30,000 for the roof repair work.

Consent agenda

The following items will be considered as part of the consent agenda:

  • Approve the minutes from the following meetings: June 7 City Council meeting and the June 14 special council meeting; May 24 Planning and Zoning meeting.

  • Approve committee and department reports.

  • Approve the following raffle permits: Moose Lodge with the drawing to be held on July 17; VFW Post 2750 with the drawing to be held on September 26; Mitchell Ducks Unlimited with the drawing to be held on October 7; Mitchell Boy’s Golf with the drawing to be held October 15; Davison County Democrats with the drawing to be held on November 16.

  • Approve on-street parking closure for a portion of third Avenue in between Main Street and Lawler Street on July 23-24.

  • Approve appointing the follow members of respective city boards: Reappoint Kevin Genzlinger to the Planning & Zoning Board for a term to run July 2021-June 2026; Reappoint Terry Rietveld to the Golf/Cemetery Board for a term to run July 2021- June 2024; Reappoint Brian Johnson to the Golf/Cemetery Board for a term to run July 2021- June 2024; Reappoint Chris Retterath to the Park & Recreation Board for a term to run July 2021-June 2024; Appoint Austin Havlik to the Park & Recreation Board for a term to run July 2021-June 2024; Appoint Jeremy Gunkel to the Park & Recreation Board for a term to run July 2021- June 2024; Appoint Tonya Kligamon to the Community Services Board (JVCC) for a term to run July 2021- June 2024; Appoint Jan Quenzer to the Community Services Board (Nutrition) for a term to run July 2021-June 2024; Reappoint Lyle Swenson to the Historic Preservation Commission for a term to run July 2021- June 2024; Reappoint Patrick Clark to the Historic Preservation Commission for a term to run July 2021- June 2024; Reappoint Larry Jirsa to the Historic Preservation Commission for a term to run July 2021-June 2024; Appoint Ashley Endres to the Historic Preservation Commission for a term to run July 2021-June 2024; Reappoint Deb Everson to the Library Board for a term to run July 2021- June 2024; Reappoint Ann Temple to the Library Board for a term to run July 2021- June 2024; Reappoint Dennis Nath to the Library Board for a term to run July 2021- June 2024; Appoint Mike Asmus to the Housing & Redevelopment Commission for a term to run July 2021- June 2026; Reappoint Jim Taylor to the Housing & Redevelopment Commission for a term to run July 2021- June 2026

  • Approve the following raffle permit: Dakota Wesleyan University football with the drawing to be held on Aug. 28.

  • Set the date for the following alcohol licenses on July 6: An application to transfer RB-26523 Retail (On-Off Sale) Malt Beverage and South Dakota Farm Wine License from Jose L. Haro Valencia doing business as La Catrina LLC, 108 N. Main St., in Mitchell to Jose L Haro Valencia doing business as La Tequilera Mexican Food LLC, at 108 N. Main St., in Mitchell due to reconfiguration of business. An application to transfer RW-27559 Retail (On-Off Sale) Wine and Cider License from Jose L. Haro Valencia doing business as La Catrina LLC, at 108 N. Main St., in Mitchell to Jose L. Haro Valencia doing business as La Tequilera Mexican Food LLC, 108 N. Main St., in Mitchell due to reconfiguration of business; An application to transfer RL-5771 Retail (On-Sale) Liquor License from the Chamber of Commerce, 601 N. Main St., in Mitchell to Bradley Theme LLC doing business as Scoreboard, 522 N. Main St., in Mitchell.

  • Approve gas and fuel quotes.

  • Approve June 21 pay estimates.

  • Approve bills, payroll, salary adjustments, new employee hires, authorization of recurring payments and other expenses.

Other business

  • Recite Pledge of Allegiance, hear invocation from First United Methodist Church, roll call, hear citizens’ input.

  • Meet as Board of Adjustment.

  • Hold hearing for the following application: Mueller Lumber’s application for a backyard variance of 20 feet vs. 25 feet as required to build a twin home at 722/724 Pine, legally described at Lot 3 and West 38 feet of Lot 4, Block 6, MLC Addition, a subdivision of Lot 4A and 4B, Block 4, Morningview Addition in the city of Mitchell. The property is zoned in a Planned Development District; Justin Adams’ application for a front yard variance of 20 feet vs. 25 feet as required to remove an existing garage and replace it with a new one at 1021 University, legally described as Lot 5, Block 11 & east half vacated alley abutting Lot 5, University Addition in the city of Mitchell. The property is zoned R2, Single Family Residential District.

  • Set the date for the following hearing: July 6, Ethan Coop Lumber’s application for a side yard corner lot variance of 9 feet vs. 20 feet as required to construct an addition at 100 E. Elm St., legally described lots 7, 8, 9 and 19 block 11, Van Eps addition, in the city of Mitchell. The property is zoned R3, medium density residential district.

  • Reconvene as City Council.

  • Hold hearing on the following alcohol license applications: National Exchange Club of Mitchell’s application for a special event retail (on-off sale) malt beverage and South Dakota farm and wine license located at Cadwell Park for Aug. 4 through Aug. 15 for the State Amateur Baseball Tournament; Application to transfer RB-2846 retail (on-off sale) malt beverage and South Dakota farm and wine license from Sport Time Inc. doing business as Scoreboard Sports Bar, 522 N. Main St., to Bradley Theme, LLC, doing business as Scoreboard, located at 522 N. Main St. in Mitchell; Application to transfer RW-6509 retail (on-off sale) wine and cider license from Sport Time Inc. doing business as Scoreboard Sports Bar, 522 N. Main St., in Mitchell to Bradley Theme, LLC, doing business as Scoreboard, located at 522 N. Main St.

  • Approve granting 2021 contingency funds for artificial turf project at Drake Field.

  • Approve Agreement No. A2021-30, FAA Airport Coronavirus Response grant request In the amount of $23,000 and Authorizing Mayor Everson as signatory.

  • Approve Agreement No. A2021-31, a financial assistance agreement with South Dakota Department of Transportation.

  • Approve Agreement No. A2021-32, lead remediation at 223 N. Main St. with Floor Tec Cleaning and Restoration.

  • Approve Resolution No. R2021-40, a plat of lot 5-C, block 7 of Westwood First Addition, a subdivision of the southwest quarter of Section 16, township 103 north, range 60 west of the fifth prime meridian, in the city of Mitchell.

  • Approve Resolution No. R2021-41, a plat of lots 8 and 10 of park acres First Addition In the northeast quarter of section 6, township 103 north, range 60 west of the fifth prime meridian, in Davison County.

  • Approve Resolution No. R2021-42, amending resolution No. R2020-82, the 2021 compensation plan for the city of Mitchell.

  • Approve Resolution No. R2021-43, approving the settlement agreement for the 223 North Main Street property.

  • Approve Resolution No. R2021-45, vacation of the Marshall Street Right-Of-Way south of Birch Avenue

  • Approve Resolution No. R2021-46, amending the city of Mitchell’s water and sewer rates.