REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS, CITY HALL MITCHELL, SOUTH DAKOTA November 21, 2022 6:00 P.M. PRESENT: Dan Allen, Marty Barington, John Doescher, Kevin McCardle, Steve Rice, Dan Sabers, Jeffrey Smith, Susan Tjarks ABSENT: PRESIDING: Mayor Bob Everson AGENDA: Approved by McCardle, seconded by Allen, to approve the following items on the consent agenda: a. City Council Minutes 1. City Council November 7, 2022 and 2. Special City Council November 14, 2022. b. Committee Reports 1. Planning Commission October 24, 2022, 2. Planning Commission November 7, 2022, and 3. Library Board September 20, 2022. c. Department Reports 1. Sales Tax Collections (October), 2. Finance (October), 3. Building Permits (October), 4. Police (October), 5. Fire/EMS (October), 6. Code Enforcement (October), 7. Water (October), and 8. Airport (October). d. Raffle Permit 1. Mitchell Community Scholarship Fund with the drawing to be held on February 27, 2023. e. 2023 Renewal of Vehicle for Hire Company Applications 1. Palace Transit 2. D&J Fun Bus f. Change Order #1 for Landfill Cell #4 Construction Project #2021-08 increasing the contract amount by $202,540.95 to A-G-E Corporation, adjust contract amount to $888,945.70. g. Approval of Gas and Fuel Quotations Midway Service/Vollan Oil Requested Bid Price per Total Bid Gallons Gallons Product On Road Diesel-#2 1,100 1,100 $4.16 $ 4,576.00 On Road Diesel-#1 1,100 1,100 $4.67 $ 5,137.00 Off Road Diesel-#2 2,650 2,650 $3.90 $10,335.00 Off Road Diesel-#1 2,650 2,650 $4.40 $11,660.00 Total Bid: $31,708.00 h. Pay Estimates November 21, 2022 Pay Estimate #2-2022 in the amount of $8,666.66 for Mitchell Airport Snow Removal #2019-53R2 contracted to Quality Cut Lawn & Snow, Pay Estimate #15 in the amount of $3,785.00 for Foster Street Bridge #2021-02 contracted to Brosz Engineering, Pay Estimate #6 in the amount of $47,097.94 for Dailey Drive Lift Station #2020-12 contracted to H&W Excavating, Pay Estimate #12 in the amount of $18,512.58 for Ground Storage Tank #2020-20 contracted to Infrastructure Design Group, Pay Estimate #5 in the amount of $35,822.50 for 9th & 5th Reconstruction #2021-07 contracted to Brosz Engineering, Pay Estimate #20 in the amount of $41,837.10 for Landfill Cell #4 Construction #2021-08 contracted to Helms & Associates, Pay Estimate #20 in the amount of $41,072.48 for North Wastewater Treatment Plant Improvements #2021-31 contracted to HDR Engineering, Pay Estimate #5 in the amount of $624,208.92 for North Wastewater Treatment Plant Improvements #2021-31 contracted to PKG Contracting, Pay Estimate #15 in the amount of $321.75 for Recreation Center Fitness Room-Phase II #2021-50 contracted to Schemmer Associates, and Pay Estimate #3 in the amount of $2,935.00 for Water &Wastewater Fee Analysis contracted to HDR Engineering. i. Approve Bills, Payroll, Salary Adjustments and New Employee Hires and Authorize Payment of Recurring and other expenses in advance as approved by the Finance Officer. PAYROLL OCTOBER 30, 2022 – NOVEMBER 12, 2022: City Council $3,411.04, Mayor $1,474.35, City Administrator $5,686.92, Administrative Boards $2,060.88, Attorney $4,601.23, Finance $12,534.77, Human Resources $3,710.91, Municipal Building $3,139.60, Information Technology $2,844.80, Police $71,986.74, Traffic $4,438.50, Fire $35,902.98, Street $29,155.50, Public Works $17,488.27, Cemetery $5,539.39, Animal Control $1,630.08, Library $16,615.34, Recreation & Aquatics $6,746.30, Recreation Center $16,712.57, Sports Complexes $9,926.50, Cadwell Concessions-$121.93, Parks $12,746.86, Supervision $5,666.66, E911 $20,854.34, MVP $499.67, Palace Transit $24,204.07, JVCC $1,357.07, Nutrition $3,898.48, Water Distribution $12,781.10, Sewer $15,356.94, Airport $3,474.53, Recycling Program $7,654.59, Waste Collection $6,098.37, Landfill $10,112.93, Corn Palace $17,248.30, Golf Course $3,937.11, Emergency Medical Services $31,244.13. NEW HIRES: CORN PALACE: Racquel Driedger-$10.45, Rubiany Ferreira-Escalera-$9.95, Kelsey Morgan-$12.45, Mark Peterson-$15.00, Gage Renken-$12.45, Reed Renken-$12.45, Morgan Schneider-$11.45 PALACE TRANSIT: Arthur DeGelder-$19.155, Donald Everson-$11.45 SPORTS COMPLEXES: Hudson Borgan-$11.45, Matthew Johnson-$11.95, Skylar Kurtenbach-$11.95, Jensen Maeschen-$12.45, Sean Pinkerton-$11.95 STREET: Connor Carlson-$21.143 SALARY ADJUSTMENTS: CORN PALACE: Craig Stucky-$26.409 LANDFILL: James Zard-$22.491 PALACE TRANSIT: Karol Iburg-$21.420 POLICE: Daniel Fechner-$32.206 WARRANTS: A-Ox Welding Supply, Supplies-$164.55; AAA Collections, Refunds-$26.72; AFLAC, Aflac Withholding-$10,156.82; AFLAC Group, Critical Care-$551.70; AFACME Council 65, Union Dues-$511.51; Amazon Capital Services, Supplies-$2,624.28; Angel Dewaard, Reimbursement-$250.00; April Neugebauer, Refund-$154.00; Aqua-Pure, Supplies-$1,935.00; Aramark, Service Charge-$235.65; ATV Holdings, LLC DBA Mitchell Telecom, Utilities-$2,655.10; Automatic Building Control, Monitoring Contract-$2,235.00; Avera Occupational Medicine, Contract Services-$6,604.00; Avera Queen of Peace Hospital, Supplies-$337.92; B-Y Water District, Utilities-$74,049.87; BBL Construction Services, Deposit Refund-$2,000.00; Beacon Athletics, Maintenance-$1,120.00; Bender’s Sewer Cleaning, Maintenance-$2,625.00; Big Daddy D’s, Contract Services-$1,432.60; Blackstone Publishing, Audiobooks-$202.33; Boyer Ford Trucks, Supplies-$1,549.05; Brosz Engineering, 2021-2 P.E. #15-$39,607.50; C&B Operations, Supplies-$167.21; Cadwell Sanford Deibert & Garry, Professional Service-$4,320.00; Carquest Auto Parts, Supplies-$87.96; CDW Government, Supplies-$138.22; Cengage Learning Inc/Gale, Books-$148.36; Center Point Large Print, Books-$94.08; Central Electric, Utilities-$11,610.13; Century Link, Utilities-$13.55; CHS Farmers Alliance, Supplies-$579.65; City of Mitchell, Supplies-$14.58; City of Mitchell, Golf Course Deductions-$1,625.72; City of Mitchell, Recreation Deductions-$2,079.71; CK Bicycles & Locks, Service Call-$75.00; Coborns, Contract Services-$735.00; Commercial Asphalt/Spencer Quarries, Hot Mix-$9,801.10; Core & Main, Supplies-$28,820.69; Core-Mark Midcontinent, Supplies-$3,880.59; Corporate Translation Service, Translation Services-$68.45; CTAA, Membership Dues-$575.00; Culligan Water, Rental-$50.00; Dakota Pump, Supplies-$1,939.74; Dakota Supply Group, Supplies-$155.34; Dakota Wesleyan University, Volleyball Opening Rounds-$1,500.00; Daniel Fechner, Reimbursement-$338.74; Darrington Water Conditioning, Rental-$58.55; Davison County Register of Deeds, Easement Filing-$30.00; Davison Rural Water Systems, Utilities-$85.40; Delta Dental Plan of South Dakota, Dental Insurance-$14,271.02; Department of Agriculture, Storm Water Permit-$2,924.31; Department of Social Services, Child Support-$823.84; Dice Benefits Consulting, Administrative Fees-$501.00; Dimock Dairy, Supplies-$145.50; Dolan Consulting Group, Event Registration-$95.00; Ebsco, Subscriptions-$4,885.31; ELO Prof, Annual Audit-$12,870.00; Environmental Systems Research Institute, Maintenance-$2,400.00; Ferguson Waterworks #2516, Maintenance-$1,481.30; Fischer, Rounds & Associates, Notary Bond Fee-$80.00; H&W Contracting, 2020-12 P.E. #6-$47,097.94; Harlow’s Bus Sales, Supplies-$193.02; Harve’s Pro Prints, Supplies-$808.65; HDR Engineering, 2021-31 P.E. #20-$44,007.48; Helms and Associates, 2021-8 P.E. #20-$41,837.10; HSM Ammunition, Supplies-$1,890.00; Ican, Advertising-$750.00; Infrastructure Design Group, 2020-20 P.E. #12-$18,512.58; Ingram Library Services, Books-$472.83; Innovative Office Solution, Supplies-$90.88; Intellipro Security, Repairs-$1,887.45; Iverson Chrysler Center, Rental-$69.95; JD Concrete Products, Supplies-$296.00; Johnson Controls, Repair-$1,776.16; Jones Supplies, Supplies-$1,017.07; Josh Harvey, Reimbursement-$25.00; Kevin Roth, Reimbursement-$23.97; Kone Chicago, Maintenance-$862.80; Lakeview Veterinary Clinic, Management Fee-$900.00; Lawson Products, Supplies-$139.89; Light & Siren, Supplies-$3,077.38; Lisa Mentele, Trees-$200.00; M&T Fire and Safety, Professional Service-$3,373.95; Make It Mine Designs, Supplies-$414.05; McLeod’s Printing, Supplies-$1,745.05; Mega Wash, Car Wash-$10.00; Meierhenry Sargent, Improvements-$55,400.00 ; Menard’s, Supplies-$460.32; Mid States Audio, Maintenance-$466.95; Mid-American Research Chemical, Supplies-$323.68; Midcontinent Communication, Utilities-$135.39; Midcontinent Communication, Advertising-$1,875.00; Midwest Alarm Fire & Security, Fire Alarm Testing-$888.20; Midwest Fire & Safety, Extinguisher Service-$91.50; Midwest Laboratories, Supplies-$542.84; Mitchell Boys Basketball, Kernel Camp-$1,340.00; Mitchell Concrete Product, Supplies-$317.81; Mitchell Convention & Visitors Bureau, 2022 Funding-$20,800.00; Mitchell Girls Basketball, Kernel Camp-$1,340.00; Mitchell Iron & Supply, Supplies-$268.49; Mitchell School District, Utilities-$1,945.93; Mitchell United Way, Deductions-$494.50; Mueller Lumber, Supplies-$128.89; N-Able Solutions, Backup & Recovery-$246.27; Napa Central, Supplies-$16.49; Nepstads Flower Shop, Green Plant-$63.00; Northern Truck Equipment, Supplies-$22,930.00; Northwest Pipe Fittings, Supplies-$1,071.37; Northwestern Energy, Utilities-$39,486.41; Online Computer Library Center, Catalog Subscription-$378.90; Overdrive, Supplies-$988.23; Overtime, Contract Services-$2,418.00; Pfeifer Implement, Supplies-$1,469.55; Pkg Contracting, 2021-31 P.E. #5-$624,208.92; Porter Distributing, Supplies-$136.00; Premier Pest Control, Contract Services-$510.00; Qualified Presort, Postage-$278.28; Quality Cut Lawn & Tree Service, 2019-53R2 P.E. #2-2022-$8,666.66; Quick Med Claims, Contract-$6,366.84; Ramkota Hotel Pierre, Travel-$202.00; Runnings Supply, Supplies-$662.62; S&M Printing, Supplies-$77.00; S&S Willers, Supplies-$2,911.58; Saga Communications of South Dakota, Advertising-$574.00; Sanford Health, Programming Services-$535.00; Santel Communications, Utilities-$106.16; Schemmer, 2021-50 P.E. #15-$321.75; Schoenfelder Portables, Rental-$400.00; Scott Supply, Supplies-$140.00; South Dakota Department of Health, License-$280.00; South Dakota Retirement System, Retirement Contributions-$53,844.76; South Dakota Supplemental Retirement, Supplemental Retirement-$3,574.80; South Dakota Supplemental Roth 457, Roth 457 Contributions-$1,158.50; Sherwin Williams, Supplies-$49.05; Sign Pro, Repair-$6,435.00; Siteone Landscape Supply, Supplies-$904.08; South Dakota 811, Message Fees-$228.90; Standard Insurance, Life Insurance-$2,513.62; Staples, Supplies-$55.94; State Bar of South Dakota, Bar Dues-$540.00; Streicher’s Minneapolis, Supplies-$2,405.00; Sturdevants, Supplies-$2,829.14; Subway, Meals-$92.38; Sun Gold Sports, Supplies-$383.96; T.H. Custom, Supplies-$9,640.00; Tessier’s, Repair-$355.00; The Dugout, Contract Services-$970.00; Thomson Reuters West, Subscription-$910.38; Thune True Value & Appliance, Supplies-$201.48; TMA Stores, Supplies-$21.79; Tractor Supply Credit Plan, Supplies-$6.49; Traffic Control, Supplies-$5,720.00; Transource, Supplies-$1,730.95; Travis Hohrman, Reimbursement-$239.75; Trizetto Provider Solution, Professional Services-$81.80; United Laboratories, Supplies-$1,883.56; UPS Store #4227, Postage-$142.78; Verizon Wireless, Utilities-$1,131.96; Vern Eide Chevrolet Buick, Maintenance-$37.00; Vern Eide Ford Lincoln, Maintenance-$259.99; Viet Family, Refund-$2,000.00; Walmart/Capital One, Supplies-$143.19; Wholesale Electronics, Supplies-$262.97; Young Grave Service, Maintenance-$400.00; Ellwein Brothers, Supplies-$95.40; South Dakota State Treasurer, Sales Tax Payment-$17,245.45. Members present voting aye: Allen, Barington, Doescher, McCardle, Rice, Sabers, Smith, Tjarks. Members present voting nay: none. Motion carried. CITIZENS INPUT: Mitchell resident, Reed Bender, spoke regarding concerns he has. Mitchell resident and business owner, John Weisser, had concerns about the 5th Street project and sidewalk access to property. Corn Palace Director, Doug Greenway, stated Christmas at the Palace will be held on Tuesday, November 29th from 4:30 to 6:30 with the Parade of Lights held after. BOARD OF ADJUSTMENT: Moved by Rice, seconded by Tjarks, for the City Council to recess and sit as the Board of Adjustment. Motion carried. It was advised that this is the date and time set for hearing on the application of Joni and Josh Rasmussen for a variance in minimum front yard setback of 8’ vs 25’ and side corner yard setback of 16’ vs 20’ to construct a wraparound porch and move the existing front door from the southwest corner of the house to the south side located at 322 South Wisconsin Street, legally described as Lots 7 & 8, Block 12, Railroad Addition, City of Mitchell, Davison County, South Dakota. The property is zoned R2 Single Family Residential District. The Planning Commission recommended approval of said application. Moved by Allen, seconded by McCardle, to approve said application. Motion carried. It was advised that this is the date and time set for hearing on the application of Gold Key Properties LLC for a conditional use permit for multi-family dwelling units between 5 and 12 (7 dwelling units total on combined lots) located at 705, 707, and 711 South Davison, legally described as Lots 54-56 of Overlook Addition, City of Mitchell, Davison County, South Dakota. The property is zoned R3 Medium Density Residential District. The Planning Commission recommended approval of said application. Moved by Smith, seconded by Rice, to approve said application. Motion carried. It was advised that this is the date and time set for hearing on the application of Gold Key Properties LLC for a variance in minimum front and rear yard setback of 22’ vs 25’ for construction of a four-plex with attached garages located at 705 South Davison, legally described as Lots 54-56 of Overlook Addition, City of Mitchell, Davison County, South Dakota. The property is zoned R3 Medium Density Residential District. The Planning Commission recommended approval of said application. Moved by Rice, seconded by Allen, to approve said application. Motion carried. Moved by Tjarks, seconded by Rice, to set date for December 5, 2022 on the application of Ethan Coop Lumber on behalf of Robert and Sherri Porter for a variance of 3,136 square feet vs 2,000 square feet for an attached garage located at 5210 Fiala Road, legally described as Lot 14 of Fiala’s Addition in the NW ¼ of Section 4, T 103 N, R 60 W of the 5th P.M., Davison County, South Dakota. Motion carried. Moved by McCardle, seconded by Rice, to set date for December 5, 2022 on the application of HiWings LLC for a conditional use permit for alcohol sales (on-site) located at 40580 250th Street, legally described as Kelley Tract 1, a subdivision of the SW ¼ of the SE ¼; Kelley Tracts 1A and 2, a subdivision of the South ½ of the SE ¼; West 208.75’ of the South 208.75’ of the SE ¼ of the SE ¼; all in Section 36, T 104 N, R 61 W of the 5th P.M., City of Mitchell, Davison County, South Dakota. Motion carried. Moved by Rice, seconded by Sabers, for the Board of Adjustment to adjourn and the City Council to reconvene in regular session. Motion carried. CONSIDER APPROVAL: Moved by Tjarks, seconded by McCardle, to approve Agreement # A2022-49, Gun Range Project #2023-1 with Civil Design Inc in an amount of $11,000.00. Motion carried. HEARING: It was advised that this is the date and time set for hearing on the application to transfer RB-3124 Retail (on-off sale) Malt Beverage & SD Farm Wine License from Jeremy Jensen dba Jensen Capital & Development LLC to Austen LLC dba Corn Palace Inn, 1001 South Burr Street. Notice of hearing has been given and affidavit of publication is on file. Moved by Allen, seconded by Sabers, to approve said application. Motion carried. The applications of Jonathan Herron dba Los Dos Amigos LLC for a Retail (on-off sale) Malt Beverage & SD Farm Wine License and Retail (on-off sale) Wine and Cider License have been withdrawn. CONSIDER APPROVAL: Moved by McCardle, seconded by Rice, to approve the applications for renewal of liquor and wine licenses for 2023. Motion carried. Moved by McCardle, seconded by Allen, to approve the applications for renewal of medical cannabis licenses for 2023 and waive the renewal fee. Motion carried. Moved by Smith, seconded by Tjarks, to approve the application of BWX Mitchell LLC for a Medical Cannabis Manufacturing License located at 1400 South Burr with the conditions the license is effective for calendar year 2023, the establishment goes through the building permit process, and passes a fire inspection. Motion carried. AWARD BID: Bids were opened and read on Livesay Lane Utility Improvements Project #2021-25 on the 16th day of November, 2022. Moved by Rice, seconded by Barington, to award contingent on DANR approval, as follows: LIVESAY LANE UTILITY IMPROVEMENTS PROJECT #2021-25 H&W Contracting, LLC, 3416 W Hovland Drive, Sioux Falls, SD 57107 Base Bid $1,123,820.20 Motion carried. CONSIDER APPROVAL: Moved by McCardle, seconded by Rice, to approve Amendment #1 to Agreement #A2020-39, Landfill Cell #4 Construction Project #2021-08 with Helms & Associates in an amount not to exceed $298,925.14. Motion carried. Moved by Allen, seconded by Rice, to approve Agreement #A2022-50, Design and Bidding of SRF Water and Sewer Projects with SPN & Associates in an amount not to exceed $271,200.00. Motion carried. Moved by Allen, seconded by Smith, to approve Agreement #A2022-51, South Waste Water Plant Phase II Project #2022-01 with HDR Engineering in an amount not to exceed $1,908,860.00. Motion carried. Moved by McCardle, seconded by Sabers, to approve Agreement #A2022-52, A/E Agreement with Schemmer regarding Indoor Pool. Motion carried. ORDINANCES: Moved by Rice, seconded by Barington, to place Ordinance #O2022-16, 2023 Annual Appropriation Ordinance on second reading. Motion carried. Moved by Rice, seconded by Barington, to adopt Ordinance #O2022-16, 2023 Annual Appropriation Ordinance. Members present voting aye: Allen, Barington, Doescher, McCardle, Rice, Sabers, Smith, Tjarks. Members present voting nay: none. Motion carried and ordinance declared duly adopted. This ordinance will be published separately from these proceedings. Moved by Allen, seconded by Tjarks, to place Ordinance #O2022-18, Amending Woodland Heights Planned Unit Development on first reading. Motion carried. ADJOURN: There being no further business to come before the meeting, Mayor Everson adjourned the meeting. Michelle Bathke Finance Officer (Nov. 30, 2022) 125387 Published xx times at the total approximate cost of $xxxx and may be viewed free of charge at www.sdpublicnotices.com. (#RunDates#) #ADid#
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