City Council - Regular Meeting

Call this meeting to order. Start with the pledge of allegiance to the flag of the United States of America and to the republic for it stands one nation indivisible andice for all. Next is invocation by United Church of Christ. And they're not here. Okay. Roll call. Savers here. Gold Aammer here. Doer here. Mardle. Bington here. Bathsky here. Chs here. Smith

here. Okay, we have a quorum. Approval of consent agenda items. Items appearing on the consent agenda may be removed by a city council member for discussion at the beginning of formal consent agenda items. Would anyone like to remove anything? Move to approve. Second, Mr. Goldhammer, second by Mr. Bington. Further discussion. Would anyone in the audience like to discuss anything on the consent agenda? Okay. Roll call. Doer. Hi. Bington. Hi. Bathsky. Hi. Charts. Hi. Smith. I. Savers. Hi. Goldammer. Hi.

Motion carries. Public comment. And if you need to address the mayor, members of city council on an item that was not on the agenda, excluding personnel items, please come forward to the podium. 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? Greetings. I'm Elizabeth with Mitchell Main Street and Beyond, Mayor, City Council. I just want to remind everyone it is burger showdown month in Mitchell. It's our second annual. We have nine businesses participating. Uh I did bring a list just to make sure I didn't forget anybody in alphabetical order. So we have Big Dummies Bar and Grill, Polari Sports Bar, Bradley's Pub and Grill, Cattleman's Club, CJ's Bar, the Moose Lodge. You have to watch that one. There's certain dates that the public can come in and try their burger. Papa Murphy's Pizza, which is a burger pizza spin on it. And then the depot and thirsty's bar. There is the Everything Mitchell app that has a full menu and a how-to guide with it. So, I encourage everyone to get out there, but not to forget about our other retail and restaurants in Mitchell. January is notoriously kind of a slower month in the retail business. So, we are trying to spin a uh slow season into thrive season. We'll see how it goes. So far, it's kind of catched on a little bit in the first five days. So, I encourage everyone to get out and shop local, support local, and just keep our community strong. We just did this small business proud to be slogan if you saw it or not around social media. I can't believe how well it went over. We did 52 businesses in under 45 days, I believe it was. It was a great way to represent some small business owners, but there are hundreds more. So, I encourage everyone to help kick off 2026 by supporting local before you click online. Granted, there are some online shops for our local businesses. I'm not discouraging shopping online, just trying to keep that local dollar local. Thank you. Thank you.

Would anyone else like to address the council?

Okay, you've seen my face before, Tom Fergen. Um, I come to address the lake dam project and the study. I contacted Connor Kell Connor Kelly. Uh, he has hard Houston engineering forum to study the the dam project. And then it was this afternoon I visit with uh Connor Kelly who has hired a Houston engineering firm to do a study on the possibility of the dam not holding up after a major rain. He said if the dam is breached what is the emergency plan that will affect downstream because of the fact the dam is a tall structure. Years ago they added cement to increase the height holding capacity of the dam. The Mitchell dam he said is classified as significant hazard structure. They are gathering 100 years of data on the dam from this and compiling their report. The one who gets he told me the one who gets a drenching contract responsible study on putting a drain pipe in the earth and dam Mike you're you're contract man or concrete man right? you know, concrete. And the fact that if you're going to drill a hole in that concrete of that dam, man, you're really putting a real hazard on the whole vibration of that concrete structure. So, and then he mentioned some of the fact Connor that you might be want to drill a pipe in the earthing dam. You remember if you get a lot of water going through there, it's going to take the soil around the pipe and you'll blow that dam. I mean, I I'm standing here as a friend. I'm telling you, you regret if you follow through in this plan. Thank you for your time. Appreciate it.

Thank you. Would anyone else like to address the council? Mr. Mayor, city council. I'm Kevin Kinkle, library director. I just wanted to share one of the metrics that we measure um for performance at the library. I handed out a graph showing circulation. Um and we increased our circulation by overall 14% from 2024 to 2025. um we had a larger increase in physical items um and our digital items increased as well. I just wanted to share that. Any questions?

Not for me. Thanks. Thank you. Would anyone else like to address the council? Okay. Hearing none, we're going to move on to the board of adjust adjustment. Entertain a motion for the city council to recess and sit as the board of adjustment. So moved. Motion by Mr. Goldhammer. Second by Mr. Bathky. All those favor with the motion say I. I.

Sorry I got a little delay. Post same sign. Motion carries. Action to set the date for board of adjustment hearing 126 or 120 of 26. Spart Nikki Frederickson have applied for a variance permit of front yard lakeside setback of 8t versus 35 ft on an existing addition in 2018 and addition of 28 20 ft 8 in versus 35 ft located as shown on the agenda motion by Mr. Smith second by Mr. Further discussion. Anyone in the audience like to discuss this? Okay. All those in favor of motion say I. I. Same sign. Motion carries. Reconvene the city council. Entertain a motion for the board of adjustment to adjurnn in the city council to reconvene in regular session.

So moved by Mr. Goldhammer. Second by Mr. Bathky. All those in favor of the motion say I. I. Same sign. Motion carries. Hearing an action to for the following alcohol license application to transfer RL 19079 retail on sale liquor license from an east diner the DBA Jates 107 North Main Street to VFW Post 2750 215 North Main Street in the basement Chief Canling. Uh Mayor M city council uh staff has reviewed this. We have no concerns. Recommend approval. Thank you. Motion approved. Second. Motion by Mr. Saver. 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. Oppose. Same sign. Motion carries. Action to approve 2026 official depositories. This is just the annual designation for 2026. Move to approve. Mr. Goldhammer. Second by Mr. Bington. Anyone in the audience like to discuss this? All those in favor of the motion say I. I. Oppos? Same sign. I'm sorry. We have one abstension. Yeah. Thank you. Okay.

All those opposed. Motion carries. Action to approve agreement A206-01 with Design Art Group LLC for the Mitchell Fire Station. Mr. Trader.

Yep. Mr. Mayor Council Design Art Group has been requested to provide full architecture and engineering services for a new fire station to better serve Mitchell and the surrounding service area. Services will include architectural, civil, structural, mechanical and electrical engineering. The provided agreement covers professional services uh from the start which is schematic design uh to the end which would be project closeout. Design art group has provided preliminary services at no cost to the city to assess with proposed budgeting and scoping. The fee includes geotechnical work to assist with structural and civil design. Uh the proposed work will be provided at a lumpsum fee of 161,900 and staff does recommend approval. I can answer any questions you may have.

Thank you.

Mr. Smith Mr. Bington. Further discussion. What do you want in the audience like to discuss this? All those in favor of the motion say I. I. Oppose. Same sign. Motion carries. Section to approve agreement A 2026-02 with Design Art Group LLC for the Mitchell Ice Arena roof replacement. Mr. Shrader.

Yep. Mr. Mayor, Council, Design Art Group had a proposal approved at the March 3rd 25 council meeting to evaluate the ice arena roof. The roof has experienced leaks due to rain and snow in the past years. The second proposal was approved on June 2nd of 25 to continue their work to evaluate a new roof. It was determined that the best option for it is to remove and replace the current roof on the north building. The attached agreement includes full professional services from design to project closeout. The proposed work will be provided at a lump sum fee of 54,000 and staff recommends approval and I can answer any questions you may have. Thank you. Joe, where is Design Arc group from?

They have um an office located um here in Mitchell. Um it's on Lawler. Um I believe just north of Second A. Um I believe their main office is out of Brookings. They also have one in Sou Falls and I think some other um surrounding towns. Okay, any other questions? Looking for a motion then? I'll move to it. Motion by Mr. Baskky. Second. Second by Mr. Further discussion. Would anyone in the audience like to discuss this? All those in favor of the motion say I. I. I.

Post same sign. Motion carries. Next to approve agreement A 2026-03 design and bidding for 12th and Raleigh lift station engineering with SPN and Associates project 2026-14. Mr. Trader.

Yep. Mr. Mayor Council SPN and Associates was requested to provide a proposal for design and bidding phase services for replacement of the 13th Avenue lift station which is located just east of Sanborn Boulevard. The proposal includes topographic survey lift station and utility design and full street reconstruction design. This project will likely be funded through a future state revolving fund SRF loan project be at design in 2026 with proposed construction in 2027. Um staff recommends approval of the proposed agreement with SPN um to perform the design and bidding phase services and an hourly rate not to exceed fee of $95,000. I can answer any questions you may have.

Thank you. Approved by Mr. Sabers. Second by Mr. Goldhammer. Further discussion. Anyone in the audience like to discuss this? All those in favor of the motion say I. I. opposed. Same sign. Motion carries. Action to approve agreement A 2026-04, an agreement between the city of Mitchell and IAFF Mitchell Firefighters Association local 4166 amending the 2026 to 2028 collective bargaining agreement. Miss Ellen,

mayor and councel, included in the packet is anou that will adjust the 2026 to 2028 bargaining agreement between IIAFF and the city of Mitchell. Currently, the contract states that the city would follow a 27-day 204hour work schedule. Thisou will change the contract to um change that work schedule to a 28 day, 212 hour work schedule. This will allow us to ensure that our overtime is being properly uh reported due to the requirements in the one one big beautiful bill act. Um and it is consistent with the hours allowed by the fair labor standards act. It basically will just allow us to align our schedules to match our payroll time frame so we can double check things as we go through each payroll time frame. And I recommend approval of the agreement. Thank you.

Move to approve, second by Mr. Bington. Further discussion. I was just curious how have we started to um post the positions um chief that were or for the fire positions. They had already posted them. So they have the positions ready to be filled. They just have to go through the background check process and that kind of stuff now. So they'll be moving forward pretty quickly with And was it was it six? Yep. Yep. They started early. Okay. Got a motion to second. Anyone in the audience to discuss this? All those in favor of the motion say I. I. I.

Oppose. Same sign. Motion carries. Action to approve resolution of R26-01 dissolving tax increment district number nine. Miss Becky. This tax increment district the indebtedness has all been paid in full. So, this tiff will be dissolved and Stephanie has also included updated tiff information for all the other tiffs in the packet as well. Thank you. Move to approve as motion by Mr. Goldhammer. Second. Second by Mr. Marington. Further discussion. Would anyone in the audience like to discuss this? All those in favor of the motion say I. I.

I. Oppose. same sign. Motion carries. Action approve resolution R226-02, a resolution amending 2026 compensation plan for the city of Mitchell, Missen.

Sorry, my mouth is not really keeping up with my movements there. U mayor and council, the enclosed resolution will amend the 2026 compensation plan for the city of Mitchell. I did describe the changes in the staff report that's included in the packet. We are eliminating our non-certified utility operator position shown there as a wage grade 10. Instead, all utility operators are hired at a wage grade 13 and then they have 18 months to re um to obtain their certification as a utility operator one. Um this actually should have been changed following the last classification study, but we didn't current we didn't have anyone in the position at the time, so we didn't discover it until we went to fill the position. Uh the second one is the library is asking to reclassify one of their positions which was a circulation assistant wage grade 10. They would like to move that position to a library specialist. This position will help with programming within the department while still also helping with some circulation duties as well. That position change would have a budget impact of approximately a little over $5,000. The department head will have to make a request for a supplemental appropriation in 2026 out of the unspent 2025 budget funds to cover that cost increase. I do believe they'll have sufficient funds left for that change. I believe that the change was a result of a strategic planning session that the library board went through wanting to dedicate more staff time to programming and this would be in lie of adding another position. The reason why we're able to do this now is the position is currently vacant because we had a circulation assistant leave their role with the city. And I can answer any questions that you might have on the proposed resolution.

Thank you. Move to approve by Mr. Goldhammer. Second by Mr. Smith. 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 R2026-03 approval agre of agreement A2026-06 with South Dakota Department of Transportation and authorize the mayor to sign Mr. Trader.

Yep. Mr. Mayor Council of the South Dakota Department of Transportation is installing new sidewalk and ADA improvements east and west adjacent to Omen Street from Norway to Havens. Uh new sidewalk will be installed on the east side of the bypass from 8th to Minnesota. Uh the DOT is working with Mitchell Christian Education Association to purchase a piece of uh their property northwest of the 16th Avenue and Iowa Street intersection. It's shown on the screen. Um the SDOT would then deed that piece of property to the city. Uh the attached resolution and agreement approves the transfer and allows the mayor to execute the resolution and agreement and staff recommends council approval to grant authorization for the mayor to sign. I can answer any questions you may have.

Thank you. I'll move to approve. Motion by Mr. Goldhammer. Second, second by Mr. Sabers by one second. Uh, further discussion? Uh, do we have a plan to update uh all of our bike paths? I know we've had a ton of new infrastructure put in. Um, just some of the signage and stuff that's around town and online. Is there a plan currently in place to do any of that? I believe parks is working with my office currently to get that map updated and on the website.

Perfect. Okay, thank you. Anyone in the audience like to discuss this? Okay, all those in favor of the motion say I. I oppose. Same sign. Motion carries. Action to approve resolution R2026-04, vacation of public rightway South Hunter Street lying between East 1st and East Hansen Street. Mr. Trader.

Yep. Mr. Mayor Council, um the staff report does list um the legal um but for simplicity, it's that portion of South Hunter Street line between East First and East Hansen. Um this is located just north of Hitchcock Park. Um the city currently has no um utilities within that section of street um after it's vacated. Um the city would then have ownership um of that section which then we would do with what we see fit. I can answer any questions you may have. Thank you. Move approval. Motion by Mr. Smith. Second.

Second by Mr. Goldhammer. Further discussion. Uh even though we're vacating this until it is otherwise signed or noted, it will still operate as a road. Correct. Correct. Thank you. Anyone in the audience like to discuss this? All those in favor of the motion say I. I. I. Post same time. Motion carries. First reading an ordinance on O2026-01 modifying redevelopment neighborhood boundaries for discretionary formula processes. Mr. Johnson.

All right. Thank you. So, um, previously the council had established, uh, the, oh boy, I forget what we named it at the time. Um, the Mitchell Downtown Residential Redevelopment District or something along those lines. um uh we wanted to get these discretionary districts in place and at the time we used uh a boundary that had already been established that coincided with that Mitchell historic Mitchell downtown district. Um now that some time has passed, there's been discussion about how to expand those districts to other neighborhoods that might qualify. Uh so this is an effort to do that. Um what we'd be doing is repealing the existing district that we had established with just that Mitchell downtown historic area. All of that area is included within the boundaries for these new districts. So you're not losing any of the ground that was already established, but you're expanding it quite a bit. Um really the main uh rationale uh for choosing these additional neighborhoods is their uh boundaries that we were able to easily identify. And if you remember back when we went through the district 3 planning process, they looked at a lot of these neighborhoods. The key factor is that the homes and the structures in those need to qualify for needing repair or be at a certain age to require the improvements to qualify under the state definition for blighted or dilapidated. Um so you can't just make one district that covers the whole town because everything doesn't fall into that category. But a majority vast majority of the structures that are in these areas do meet that definition. So what we're doing is we're repealing the old district and we're replacing it with these three new districts and it's going

to cover a lot more of that old historic not necessarily historic but the older structures uh residential structures in that downtown core of Mitchell. So I think with that we can open it up to questions. One of the questions we have received is um it one of the boundaries includes part of a street that's included in a tiff district um for mahi as part of that tiff when it's approved in the project plan. They already agree to wave any discretionary formula. So they would not qualify if they're in an existing tip district.

Okay. So, so if I was to buy an old dilapidated house and tear it down to build a new structure on it, it would qualify for this. You buying a structure and replacing it with new. Yes, I believe that it does qualify under the statute. The difference is you'll still have to pay the base tax that was being paid before. The discretionary is just on the added tax value that the property owner would be taxed on due to the improvements.

And can just so the people understand it because Mayor H did a good job of explaining I thought this morning you'll explain how that works for the the graduated tax system for adjusting. We do have that um for anyone Oh jeez, that's really small. For anyone that might be interested, we do also have a page on our website that's dedicated to the discretionary districts. We'll add the new map when that's if that's approved tonight. But it shows you for each of the ones. This would be a redevelopment neighborhood. So is this urban? No, urban renewal is a commercial sponsor. So this is the residential one.

Oh, okay. I'll make a motion to approve. Second. And got a question and not necessarily opposed, but I was just curious more than anything why we stopped at Havens because there's there's some older homes south of Havens. Also,

it's just kind of the the boundary that made sense. Um, and we can always add more in the future. Again, um, the way that we set up the ordinance originally, we can just drop in more neighborhoods as we go along. These were just areas that were, you know, still somewhat easy to define. We had good data on them from the the district 3 planning. I'm not sure if the data that they provided at that time extended that far south, but okay. Thank you. See if we get any requests. I don't think we'll get any requests. It'll be the county, right? What's that? We won't get any requests, right? I think they'll go to the county and have to do that there. So, correct.

I guess we'll know that way, though. So that's that's my question goes. So who, for lack of a better term, polices this? Nobody polices it. The homeowner would need to make the request through the county. We provide I have all the information on the website. We've provided the information to the county, but they're going to have to request that discretionary. Can Okay. So now I'm Could the county say no or is it automatic? Okay. If it's in place and they request it, they get it. Okay. Got it. Interesting. Except for the tiff districts that every Except for the tiff. So the county doesn't have to approve us doing this. No. So sorry. No, you're you're fine.

In state law, either city or county can adopt it. The count the county does not have this in place. So we are adopting it within the city of Mitchell city limits. Okay. Any other questions? Anyone in the audience like to discuss this? All those in favor of the motion say I. I I oppose. Same sign. Motion carries. Motion to enter an executive session according to SDL1-25-23 legal SDL 93419 trade secrets or commercial or financial information in SD CL 1919502 lawyer client communications.

So moved by Mr. Goldhammer second by Mr. Sabers. All those in favor of the motion say I. I I oppose same sign. Motion carries and there will be no action after executive session.