City Council - Regular Meeting

Call this meeting to order. Start with the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. Next is invocation by Trinity Lutheran.

Thank you. I'm Darraine Gazmmer um a lay leader at Trinity Lutheran Church. As we prepare to celebrate this Christmas season, may we be reminded of the peace that came on earth so long ago. Bless these leaders before us that they have been called to serve you that they may extend that peace and love to all. be with all the people here tonight as they ponder the decisions and things that need to be made. We know that the meditations of their hearts and the words on their lips will bring glory to all and give us a peace that prep peraps will p surpass all understanding. In your name we pray. Amen.

Amen. Thank you local Sabers here. Goldmer here. Doer here. Mardle here. Bington here. Baski here. Char here. Smith here. Okay, we have a quorum. Approval of consent agenda items. Items may appearing on the consent agendums may be removed by Council member for discussion at the beginning of formal agenda items. Would anyone like to remove anything? Move to approve. Mr. Goldhammer second. Mrs. Chars. Further discussion? Anyone in the audience like to discuss this? Okay. Roll call. Doer. Hi Mardle. Hi Barington. Hi Batsky. Hi Charts. Hi

Smith. Hi Sabers. Hi Goldhammer. Hi. Motion carries. Public comment. If you need to address the mayor or members of city council on an item that was not on the agenda excluding personnel items. Please come forward to the podium and state your name and your concern. Presentations are limited to three minutes. Items will be considered but no action will be taken at this time. Would anyone like to address the council? Okay. Hearing none, uh, we will go to action to approve request for Jensen Design Build to reimbursement for demo fees at Mitchell Regional Landfill. Mr. Shrader.

Yep. Mr. Mayor, Councel, um, Jeremy Jensen, owner of Jensen Design Build LLC, has requested reimbursement uh, for landfill fees for the demolition of an older out building um, adjacent to his uh, property. Mr. Jensen plans on building a storage building in the location of that demolished building. The existing building is approximately 136 by 22. It estimated that approximately 40 tons would be hauled to the landfill u which we would charge $40 per ton for an estimated dollar of 1,920. Um and I can answer any questions you have. Stephanie, if you want to

Yeah. Um, so if council chooses to move forward with this, you did budget $50,000 this year for MAI to do cleanup of properties. Um, we would add a a budget line in that economic development budget in order and pay the check directly to the landfill to the city of Mitchell landfill um to cover those fees. And there is still approximately $49,000 left in that budget. I believe. Okay. Thank you. Move to approve. Motion by Mrs. Chs. Second. Second by Mr. Goldhammer. Further discussion.

I just want to say that I'm all for this. I think that we need to get some sort of a program and I' I've said this before where we can we can get people to tear down some of these uh older dwellings in our community and clean it up. I mean, I looked at that and I'm like, "Yeah, that's that's a no-brainer." But I'd like to tie it somehow, too. If they tear it down, if they build something back on it, that's when they would get the the rebate back because obviously there's not much tax on it, I'm sure. But it it spurs development and that should be the whole game here. And I mean, I I've done it myself a couple times, tore down buildings, and you guys probably remember I didn't get paid for it, and that's fine. But I just think moving forward, we need some sort of a format where we can do this, whether it's with Mai's money and the development corporation doing it. I mean, I think if more people know about this, they'll use it more and we can probably get some things cleaned up around town. Tear down incentive. Okay. Anyone else? Anyone in the audience like to discuss this? Okay. All those in favor of the motion say I

oppose same sign. Motion carries. Action approve amendment request letter for the South Dakota Board of Water and Natural Resources for the Consolidated Water Facilities Construction Program grant agreement A2022-26 project number 2022-1. Mr. Shrader. Yep. Mr. Mayor, councel. Um this grant was a consolidated water facilities construction program grant from the South Dakota Department of Agriculture and Natural Resources which was approved um at the city council on June 6, 2022. Um, the grant expires on April 13th of 26. The attached letter is requesting the grant percentage be changed from 5.1% to 10% of eligible costs up to the max grant award of $1,519,868. This will allow the grant to be spent in full prior to the grant expiration. Staff recommends council approval and allow the mayor to sign on their behalf and I can answer any questions you may have.

Thank you, Mr. Sh. Move to approve. Motion by Mr. Goldhammer. Second. Second by Mr. Bington. Further discussion. What do you like to discuss this? All those in favor of the motion say I. I. Oppose. Same sign. Motion carry. Second to approve amendment number one to agreement A2025-56 water department distribution building 2026-1 with Cella Design. Mr. Shrader.

Hit me. Mayor Council. Uh the city council approved a design agreement with Civella Design for a new water distribution building which would be located east of the current ground storage tank and pumping facility. Staff has requested that Civerella design include a pre-cast building alternate to the bid package. Uh the original contract amount was 143,300 which included design through construction phases. Uh amendment number one uh for 6,500 for a new contract amount of 149,800. Um staff does recommend council approval and authorize the mayor to sign on your behalf. I can answer any questions. Thank you. Move to approve. Mr. Murdle. Second.

Second by Mr. Goldhammer. Further discussion. Would anyone in the audience like to discuss this? All those in favor of the motion say I. I. Same thing. Motion carries. section approve agreement A 2025-71 use of fuel tax funds with South Dakota Department of Transportation Air Rail and Transit. Mr. Trader.

Yep. Mr. Mayor, Council, the city of Mitchell Airport participated in the statewide airport maintenance program in 2024 which completed chip ceiling work on various taxiways. Total project cost was $276,195.96 of which the city was responsible for $13,89.80. staff requested to be reimbursed for a portion of the improvements um from the South Dakota Department of Transportation Fuel Tax Fund. Uh the attached agreement reimbures the city for $4,000 for those associated improvements and staff does recommend approval. I can answer any questions you may have. Thank you. Move to approve Mr. Smith.

Second. Second by Mrs. Shs. Further discussion. Would anyone in the audience like to discuss this? [clears throat] All those in favor of the motion say I. I. Oppos. Same sign. Motion carries. Action to approve agreement A 2025-72 contract for E911 services between Mitchell and surrounding counties. Mr. Johnson. Um, caught him off guard. Don't know. This is a Dean one. So maybe Dean. Okay. I don't know.

Mr. Mayor Chief Kipling. Uh the city has provided an E911 contract services for nearby counties for many years. Um in order to simplify the process, we have refashioned the terms of this agreement. Um which will now require the cities or the counties to submit 95% of the 911 search charge money they receive to the city of Mitchell. Um, in addition, they'll pay an annual capital service fee of $3,000 and a Travis services fee that increases by 5% per year from the 2025 contract amount uh for the amount shown on the agenda packet there. Move to approve, Mr. Girdle. Second.

Second by Mrs. Turks. Further discussion? What do you want the audience like to discuss this? I just wanted to make a comment for um both Dawn and Dean did a very good job working with the contract counties to get this up to an updated contract. I appreciate that effort. Thank you. Okay. All those in favor of the motion say I I [clears throat] post same sign. Motion carries. Action to approve agreement A 2025-73 release of easement for 1016 West Williams Avenue. Mr. All right. This one's me.

Sorry I was a little ahead. All right. So, uh, the city was requested to complete this release of easement in relation to the 1016, uh, West Williams Avenue property. Um, and there will be a a sale and closing on that. Um, basically pending, uh, the approval of this release of easement. Um, if you check the final page of the document, it will kind of give you the area that's going to be released. Um there's five foot uh drainage easement on the north side of lot 5B5 that's shown there. Um and then that hatched area on the north that entire area is uh drainage and utility easement I believe. So the area that's going to be released you can see the red box um just under the 64.36 ft. That's 5 ft of either side of the property line on that northern boundary. And the edge, the western edge of that 64.36 ft, that's actually where the existing property line is. It's just not been platted separately. So, um, I guess with that, um, I can open it up to any questions.

Motion approve. Thank you. Motion by Mr. Sabers. Second. Second by Mr. Goldhammer. Further discussion abstain. We have one obsession. Anyone in the audience like to discuss this? Okay. All those in favor of the motion say I oppose. Same sign. Motion carries. Action to approve resolution R 2025-82 plot of lot 53 of Maui Farm second edition. Mr. Jennigus. Mr. Mayor. Council planning commissioner recommended approval of this unanimously. This is following along with their master plan out there. I can answer any questions that you have. Thank you. Move to approve. Second by Mr. Golden. Second item, Mr. Mardle. Further discussion.

Would anyone in the audience like to discuss this? All those in favor of the motion say I. I. Post. Same. Sign. Motion carries. Action to approve resolution R2025-83 plot of lot by Blackree of Westwood first edition. Mr. Jennigus. Mr. Mayor. Council planning commission recommended approval of this unanimous unanimously as well. There are some existing easements on this land. Um it's already in with their drainage study for this area as well. Can answer any questions that you have. Thank you. Motion to approve. Second, Mr. Savor second by Mr. Goldhammer. Further discussion? Anyone in the audience like to discuss this? All those in favor of the motion say I.

I oppose. Same sign. Motion carries. Act to approve resolution R285-84 plot of lot one of herring edition. Mr. Genus. Mr. Mayor Council Planning Commission recommended approval of this unanimously. This should look familiar. Uh this is the last phase and from the reszoning that they did in this area. So they're combining the three lots. Um so the middle two yellow lines will be be vacated and it's one lot instead of three parcels. I can answer any questions that you have for me on this. Thank you. Move to approve. Mr. Smith second. Second. Mr. Mardle. Further discussion. Would anyone in the audience like to discuss this? All those in favor of the motion say I

post same sign. Motion carries. Action to approve resolution R2025-85 plot of lots B C and D block five sunnyside edition. Mr. Janigus.

Mr. Mayor, council planning commission recommended approval of this um with an amended updates. Um in your packet has the amended um plat. It was to increase the easement size from 10 feet to 20 ft for ingress and egress. And also there was a mistake in the owner certificate verbiage that had BD instead of BC and D. Um so that has been changed for this. Um the applicants are looking to um sell um lot D to the city of Mitchell which is a drainage pond. Um and by doing that also um the applicant to the north is cleaning up their property by combining two lots into one. I can answer any questions that you have for me on this.

Thank you. Move to approve by Mr. Goldhammer. Second. Second by Mr. Bethky. Further discussion. Would anyone in the audience like to discuss this? All those in favor of the motion say I. I. Same sign. Motion carries. Action to approve resolution R2025-86 plot of lot A in block 3 of Mitchell Christian Edison. Mr. Dennigus.

Mr. Mar council planning commission recommended approval of this with the amended plat. Um during the uh planning commission um they had to change some of the verbiage throughout the whole thing for the legal so they dropped that out. This is the updated plat that has that. Um the plan for this is for the uh bike trail along the bypass. Um that is a wetland area. DOT didn't want to go along the bypass uh adjacent to it. So they're going around it. So, they are purchasing, they're acting as a third person party for the city to get this piece of land once the uh bike trail is put into it. Um, it'll also connect the sidewalk onto 16th Avenue as well there. I can answer any questions that you have. Thank you.

So, it's [clears throat] so it isn't for the Mitchell Christian School expansion. No, it's not for the Mitchell Christian School at all. It's going to be for the sidewalk to continue down and around and then Okay, city will retain it after that. Yeah, I knew that we were going to do that, but it I feel like that was I just didn't understand that. Okay, thank you. Move to approve Mr. Murdo, second with Mr. Grington. [clears throat] Further discussion. Would anyone in the audience like to discuss this? All those in favor of the motion say I. I. Same sign. Motion carries. Action to approve resolution R2025-87 SRF application for the 13th and Wisconsin drainage project and authorize the mayor to sign Dr. Trader.

Yep. Mr. Mayor, Councel, this resolution authorizes the city council to approve and execute an application for financial assistance through the South Dakota Board of Water and Natural Resources. The resolution resolution also designates the mayor to execute and submit the application on behalf of the city and to certify and sign pay requests in the event financial assistance is awarded for the project. The application for financial assistance is an amount not to exceed some jolly savings because 1,560,000 loan term will be 30 years at 4%

out of nowhere. Um, this project will be heard again uh January 5th where we'll have the public hearing uh for the loan that's required as part of this process. Um, I do recommend approval and can answer any questions you have. Move to approve. Mr. Goldhammer second, Mr. Mardle. Further discussion would anyone in the audience like to discuss this? All those in favor of the motion say I post same sign. Motion carries. executive to approve resolution R2025-88 contingency transfers for fiscal year 2025. Miss Owen,

mayor and council, I'm going to call your attention to the resolution that was passed out on the table versus the one that was in your packet distributed to you previously because we did have two changes to this contingency request. Okay. So, resolution 2025-88 will authorize contingency transfers from the 2025 approved contingency budget into the respective budgets as shown. In 2025, the city approved $84,628. So, when it started, it was about 45%. We're slightly harder than or higher than that now. Um, I did include in the staff report a listing of each departmental contingency and what those are for. Most of these are for cost that increase after budget was approved or unanticipated repairs or maintenance. We did have a change um for municipal buildings. That's a little bit higher than you would normally see for salaries. We moved departmental salary from the library into the municipal building. So, all of our maintenance taxs are in one area. Um, and then two new ones were added since this was distributed. Um, we increased the transfer to the corn palace. Originally it showed 175,000. Now showing 275,000. Um, both of these transfers won't necessarily happen, but it's there in case we need to transfer cash from the general fund to those funds at the end of the year. I do anticipate that we'll do some transfer to Corn Palace. I just don't know what that final amount will be. They do have some pending accounts receivable that they haven't received the revenue in yet and we have to close our year at the end of well December 31st. So we have to have a positive cash balance at that time. And then we also did add one contingency item under

community services and that's for a repair of a bus. Um you can see for $7,200 that's getting reimbursed by insurance. We just haven't received the insurance check. So I want to make sure their budget ends in a positive manner. Um I if I can answer any questions that you have otherwise I recommend approval of the contingency resolution as shown. Again this will not change our structurally balanced budget. This is within the approved budget level. Thank you. I just always wonder about like these little things that are um kind of things that we would expect like utilities $39,000 at the rec center. How come it was so much higher?

That's water. because the water rates um all departments plugged in an increase for water. Yeah. Um but water rates went up higher than they anticipated. We also had an increase in utility rates as a whole in December that were higher than anticipated. Okay. And that would explain the aquatics. Yeah. As well, right? A lot of the increase in utilities is from watering rate increases. Yeah, that makes sense. Okay. Thank you. Mr. Colonel, second by Mr. Bington. Further discussion. Anyone in the audience like to discuss this? All those in favor of the motion say I. I.

Post same sign. Motion carries. Action approve resolution R2025-89 application to the South Dakota Department of Transportation Bridge improvement grant. Mr. Trader. Yep. Mr. Mayor Council. The attached resolution and application is for a South Dakota bridge preservation improvement grant or a BIG grant. Application for improvements to the canal bridge which spans over Firestone Creek. The project would include a single span 86T 6 in pre-stressed concrete girder bridge with burm abutments and related improvements. A detailed estimate is included in the application. Estimated cost for the design and construction is 3,537,391.90. The city's commitment to the project is 20% or $862,878.38. The math for the total versus uh the 20% uh doesn't work out exactly because there's some fees that are not included um that are shown in the application. Um the attached application is provided by Bros Engineering, Inc. along with the resolution required for the application. The award of the grant is anticipated to be announced in the spring of 26. The design would not start until 27 when funding would be approved if the big grant is approved. Staff recommends council approval of the resolution and grant application and to authorize the mayor to sign on their behalf. I can answer any questions you may have.

Thank you. Move to approve by Mr. Goldhammer. Second. Second by Mr. Smith. Further discussion. What do you want in the audience like to discuss this? All those in favor of the motion say I. I. Both same sign. Motion carries. We are journed.