City Council - Regular Meeting

That was a good one. All right, call this meeting to order. We're going to start with recognitions. I know you got everyone's ready for the Pledge of Allegiance. Yeah, look at that. You can all sit down. Unless you want to do the Pledge of Allegiance first, it doesn't matter. All right, we're doing it. Everyone's standing. We'll start with the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right, now we will do recognitions. So, I don't want to go out too far out of order. Let's have Thomas come up here first. Come stand up next to me while I read to you. So, for all those who didn't know, Thomas has received the South Dakota Secretary's Partner in Health Award for the Department of Health. So, good job. So, we're going to read you a little recognition. Whereas, public service plays a vital role in protecting and enhancing the health, safety, and well-being of the residents of Mitchell. And Thomas Gulledge, recreation superintendent for the City of Mitchell, has demonstrated exceptional commitment to advancing public health initiatives and fostering partnerships that improve the quality of life in our community. And through his dedication, professionalism, and collaborative spirit, Thomas Gulledge has contributed meaningful meaningfully to efforts that promote healthier environments and stronger community outcomes. His work exemplifies the highest standards of public service and reflects positively on the City of Mitchell and its employees. In recognition of these efforts, the South Dakota Department of Health has honored Thomas Gulledge with a prestigious Secretary's Partner in Health Award, acknowledging his dedication to public health and community well-being. This achievement is a testament not only to his individual excellence, but also to the City of Mitchell's ongoing commitment to supporting initiatives

that enhance the health and well-being of all citizens. Now, therefore, be it proclaimed that the City of Mitchell hereby recognizes and congratulates Thomas Gulledge for receiving the South Dakota Department of Health Secretary's Partner in Health Award and extends its sincere appreciation for his dedicated service and positive impact to the community. Do you have a long speech prepared? The long speech is I actually have a program running at the wreck that I got to go to right now. All right. Thank you.

I appreciate it. Thank you, Kevin. I appreciate it. Thanks for everything. You guys all You ladies all want to come up here? I'll start as we're walking up. The proclamation recognizing Dakota Wesleyan University Women's Basketball Team for an outstanding 2025 and 2026 season. The Dakota Wesleyan University Women's Basketball Team has completed a historic 2025 and 2026 season, demonstrating excellence, perseverance, and sportsmanship. The Tigers achieved an impressive 29-win season, ranking fourth in program history, including 10 victories over nationally ranked opponents, with wins against the number one, number three, number five, number 11, and 14 teams in the final top 25. Dakota Wesleyan earned the second seed in the GPAC tournament and captured the program's ninth conference championship with a victory over a top-ranked Dordt Defenders on their home court. The Tigers hosted and advanced through the opening rounds of the NAIA National Championship tournament at the World's Only Corn Palace and continued their postseason success in Sioux City to reach the national semifinals in their fifth time in program history. Head Coach Jason Christensen received a significant career milestone with his 352nd win. Wow, that's a big number. Solidifying his legacy of leadership, and several players also received individual honors, including Evey Broughton, GPAC's Defensive Player of the Year, first team all-conference, second team all-around. Emma Ghost, first team all-GPAC, ninth all-time scoring list at DWU. Riley Rosenquist, second team all-GPAC, 10th all-time scoring list at DWU.

Jada Young, honorable mention all-GPAC. And Shayla Shaylin Nagel, honorable mention all-GPAC. Sorry if I screwed up your name. Uh Dakota Wesleyan Women's Basketball Team excelled not only in the court, but also in the classroom, achieving an outstanding 3.91 cumulative GPA, with 14 student athletes earning NAIA scholarship, athlete honors, and multiple players receiving academic all-district recognition. The team's achievement have brought a pride and recognition to Dakota Wesleyan's team and university and the entire Mitchell community. Now, therefore, be it proclaimed the City of Mitchell hereby congratulates and honors Dakota Wesleyan University's Women's Basketball Team for an extraordinary 2025-2026 season and commends the players, coaches, and staff for their dedication, achievements, positive representation of our community. The citizens of Mitchell are encouraged to celebrate this accomplishment and recognize the lasting impact of teamwork, leadership, and academic excellence. So, congratulations. Marshall, I I don't know if Marshall's going to take a picture. Let's let let Marshall get his picture for the newspaper. All right, ready? Yeah, scoot in. All right. Got it? Everyone's good? Guy in the back? He's good? Okay. Congratulations. Oh, that's all right.

[applause and cheering]

What a positive start. Yes. [laughter]

Was I pointing at giving a thumbs up? That's my natural That's my natural habitat. All right, let's start with the next part, invocation by Word of Life and I see Builder is on. Everyone stand up again, sorry. Up and down. Is that 3-minute timer for me or You get five. You get five. Uh let's pray. Uh good and gracious heavenly Father, we are so grateful for your presence with us here this evening. We acknowledge our dependence upon you and look to you for wisdom and guidance today. We thank you for this beautiful community that we call home. And we ask your continued blessing upon every individual, both young and old, every family and business and the community we call Mitchell. We ask that you would grant wisdom to those who serve in areas of leadership and decision-making and may we all follow your instruction to be quick to listen, slow to speak, and slow to get angry. I ask all this in the great name of your son, my savior, Jesus Christ. Amen. Thank you. Let's uh roll call. Sabers? Here. Scholten? Here. Goeser? Here. Acosta? Here. Barents? Haskins? Here. Schartz? Here. 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 beginning of formal agenda items. Would anyone like to remove anything? I just want to do a little discussion on J's with get a port. Uh some clarification and I do ask if possible to move to the end of the meeting. Somebody has asked me they'd like to speak and they could not be here till the end of the meeting.

That would be a council decision. You want For clarification, you want to move J to the end of the meeting? Yes, please. I don't have a problem with that. Okay. Everyone okay with that? Okay, we're going to move J to the end. Mayor? Yes. You want to move that before executive session or after? Before. Okay, almost to the end. Second to last, number 27. 28. Okay, J. Okay, anything else before we let these ladies come up here and present? Good evening, Mayor and council. My name is Johanna Allen and I am with the Chamber of Commerce here in Mitchell. Um before we play our video, which is our quarter one report, I do want to introduce Keeley Khan first. She's been with us for a little while, um but she is our new CBB director, so I just wanted to introduce her to you guys, so uh you are more familiar with her. Um but then we'll watch the quarter one report and if you guys have any questions at the end, I'd be happy to answer them. Yeah. I can always read it to you.

quarter one report for the Mitchell Chamber Convention and Visitors Bureau and Development Corporation. Starting with the Mitchell Chamber of Commerce, we welcomed nine new members this quarter as well as hosted five ribbon cuttings, one for Firesteel [music] Healthcare, one for Avera OBGYN, one for Sure Perfection's Pet Salon, one for [music] Hollywood Style, and one for B&G Milkway. We also hosted our annual banquet this quarter on Friday, January 16th with around 200 attendees. Our award winners were Community Service, Roger and Vicky Music, Chamber Volunteer, Vern Eidy, Tourism Excellence, Corn Palace Stampede Rodeo, Main Street Champion, The Vault, Mitchell Family Business of the Year, Mollerd Lumber, and Harold Kegan High Plains Processing. Moving on to the Ag Business Committee of the Chamber, they hosted their Ag Seminar this quarter on February 24th at the Davison County Fairgrounds with 134 attendees. The keynote speaker for this event [music] was Abby Prince. They also hosted Ag in the Classroom on March 24th, again at the Fairgrounds, [music] where we welcomed over 250 fourth graders. Looking at the Government Affairs [music] Committee of the Chamber of Commerce, Leadership Mitchell held three sessions this quarter, one in January focusing on business, industry, and city county government, one in February where they attended Mitchell Day at the Legislator, and one in March where they discussed technology, education, and boardmanship. The Government Affairs Committee hosted Mitchell Day at the Legislator on February 19th with 60 attendees. Congressman Johnson and Marty Jackley spoke to the group and Roger Music received a governor's proclamation. The Government Affairs Committee also hosted a Crock Barrel on February 27th in the DWU Pratt Board Room. And now the Connect Mitchell Committee of the Chamber, we hosted two First Friday Coffees, one at American Family and one at Optimal Tan and Wellness. We hosted two Lunch and Learns, one with Town Square Media and one with Kiwanis Club.

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We hosted one Mix and Mingle at Plains Commerce Bank. We also hosted Journey to Success on March 17th with Plains at Plains Commerce Bank, where we had speakers Michelle White, Craig England, and Pat Gatman. We also hosted a Health and Wellness Fair February 22nd 26th at the Masonic Hall with 40 vendors and we graduated [music] eight entrepreneurs out of the Co. Starters program. Now moving on to the Mitchell Convention and Visitors Bureau. For tourism marketing, we have 45 bus tours already scheduled for 2026. [music] Our Amperage digital marketing started in March. Looking at the entertainment tax, 2025 was up 9.6% compared to 2024 and hotel occupancy 2025 was up 18.5% [music] compared to 2024. Moving on to tourism events, [music] we attended the 2026 American Bus Association January 10th and 14th, where they met with bus tour operators. We also attended the 2026 Governor's Conference January 20th through the 22nd, [music] and 2026 Pheasant Fest February 19th through the 21st in Minneapolis, Minnesota. And looking at our local marketing, we've had three attraction spotlights. January was the Mitchell Community Theatre, February Hanson Wheel and Wagon, and March Dakota Discovery Museum. We also joined the America 250 Coalition and Cornelia went and attended the state summit. And now on to the Mitchell Area Development Corporation. This quarter our Young Professionals group hosted multiple events, a Harry [music] Potter trivia night in January, swing dancing class at CJs Bar in February, and Lord of the Rings trivia night in March at Bradleys [music] Pub and Grill. We also relaunched our student summer internship program increasing the incentive to $500 per intern. We also hosted a pop-up hiring event partnering with local businesses to jointly advertise open positions

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and partnered with the South Dakota Department of Labor to host a statewide virtual hiring event. We also launched the Grow Your Roots internship and job program distributing material to Mitchell Tech, Dakota Wesleyan, and local high schools to connect students with local career opportunities. The Development Corporation was also awarded $340,000 from the Federal Home Loan Bank of Des Moines to support a new loan down payment assistance program for income qualified individuals. The MADC also partnered with the City of Mitchell on the first ad development redevelopment project. The Development Corporation is facilitating the property transfer between the city and the developer, Van Buskirk. As a part of their ongoing housing rehab efforts, they launched their 2026 rehab projects utilizing [music] funding funding from the South Dakota Housing Development Authority through both the HOME and HOP programs. The first Mitchell Tech partnership house was built on Ridgeway and Foster and listed for sale in March. The Mitchell Area Development Corporation is gifting 10 lots to Mitchell Technical College [music] as a part of the original gift agreement from the Avera Avera Queen of Peace Hospital. $52,500 was donated to MAHE and MADC through the Federal Home Loan Bank Des Moines Member Impact Fund via Dakota Land Core Trust and Bank West. This quarter the Community Concierge also hosted three programs. In January, they had a pasta making class with a local restaurant. In February, there was a book club in partnership with the library featuring Noel Hamel. And in March, they did a meal prep class for This quarter, the MADC continued the rollout of the Move to Mitchell incentive program providing $100 incentives to new residents moving into Mitchell from outside 57301 zip code along with their Palace Perks [music] coupon to encourage local engagement. This quarter, the MADC also successfully recruited Staton Avionics, which is a

high-tech aviation business specializing in specializing in avionics, navigation, and guidance system upgrades. They also created another economic report in partnership with Dakota Wesleyan University and the South Dakota Secretary of State's office. We also launched the Discover Mitchell savings website, which was developed by Roger Music to support workforce recruitment and showcase local business incentives. The MADC also held a student business competition in partnership with the Chamber of Commerce where three student entrepreneurs um competed for retail space in the Chamber's courtyard across from the Corn Palace. I know that was a lot, but any questions? Um just for anyone who's watching online, if you didn't have audio on that, you can find the link to the video right on the agenda. It wasn't working correctly. Okay. Busy. Yes. Yeah, it's been a busy quarter, but it's been good. Have you initiated any programs [clears throat] although buzzword is remote workers? Yeah, you know, I think that's something that our workforce coordinator is looking at. No program specifically targeting remote workers, but I know that's kind of the goal of especially that savings website that Roger Music created. There is a section on there where you can kind of toggle on that you're a remote worker. And if or you're a trailing spouse. And I know Doreen with the community concierge, she's very intentional about making sure if a new person in Mitchell has a trailing spouse um that is a remote worker that they're being very integrated into the community so that they kind of find their people here. Perfect. The one last thing. It's been really bothering me for 3 years. You guys rent a sign just east of second. And it sits at a 4-ft slant. What what sign is it on the interstate?

on the interstate. It says that people drive by and they're like makes me wonder like is it an old sign and we're not actually here? Yeah. Is it Do you know where what the mile marker is? It's just east of second. Okay. I'll look into that. I don't know if that that would probably be a a uh the whoever you rent the billboard from, but Yeah, that's who we advertise with. All right, I'll look into that. Thank you. Okay, anybody else? Okay, I think

Perfect, thank you. Thank you. Okay, so I'm looking for a motion for the consent agenda. Should I move Mr. Ricardo? Second. Seconded by Mr. Goldhammer. Further discussion? Would anyone in the audience like to discuss this? Roll call, please. Smith. Aye. Aye. Bathy. Aye. Ricardo. Aye. Doscher. Aye. Goldhammer. Aye. Sabers. Aye. Motion carries. Public comment, if you need to address the mayor and 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 3 minutes. Items items will be considered, but no action will be taken at this time. Would anyone like to address the council?

[snorts]

Hi, my name is Lindy George and I am the um operations and production manager at Palace City Brewing. And I just wanted to say thank you for approving our Switchyard Social and maybe get some more information out to you guys about that. We are having that on June 6th. It's from 12:00 to 4:00 p.m. We're having it's um 25 as of right now 25 brewers from the Midwest coming not just from South Dakota. Um we're going to be holding it in our parking lot all on Palace City um space and we are hoping to have about 500 people come. So, it's going to be a hopefully really big event. Um we are very excited about it. We have a lot of great people coming from other states, too. And um we have tickets on sale for the VIP tickets are $50 and the general admission tickets are $40. And the VIP tickets, which put you in an hour early basically, and you get a um a great tasting glass with it. And so, we just appreciate it if you guys can maybe reach out to all of your constituents as well and just let them know that this event's happening. And you can buy tickets online through our website. Um that is the only way that you can buy those. Um but there's a right on the front of the website page, it's a very easy link to find to do. So. Um live music Yep, we have live music.

food trucks Three food trucks. Mhm. I where there's I was trying to remember last week or last two meetings whatever 2 weeks ago. Yeah. Uh all of the things. It looks like there's more than just beer tasting if you're a person that maybe doesn't taste beer. Correct. You might still want to enjoy the evening because it sounds like there's something for everyone.

Correct. Yes, and we also do have designated driver tickets, too, available just in case you don't actually want to come and taste beer, but you want to come and have fun the same time. We have plenty of tickets for that as well and those are $5. So. All right, good. Thank you. Would anyone else like to address the council? Hello, I'm Tom Furagen. Uh thank you for the opportunity to speak tonight. I have facts here about the South Dakota dam safety official from the US Army Corps of Engineers and from South Dakota Department of Agriculture and Natural Resources. Cutting holes in the concrete dam in South Dakota home to over 2,500 significant dams poses catastrophic catastrophic excuse me scat catastrophic risk including immediate structural collapse uncontrolled reservoir release and severe downstream damage. Compromising the concrete creates seepage paths that accelerate erosion freeze-thaw degradation and tensile failure of the entire structure. This is from the South Dakota News Watch. Structure structural and safety hazards. Structural failure failure even small and unri unauthorized holes or cuts can weaken the concrete creating cracks, reducing dam's integrity, which may lead to sudden failure. Undermining the base, water passing through new openings can under erode the foundation beneath the concrete causing structural failure. Water seepage and erosion holes accelerate water seepage which cause internal corrosion of steel reinforcement rebar, increase freeze-thaw damage, expanding cracks in South Dakota's harsh climate. Spillway damage, cutting into the concrete lines spillways can cause significant damage or failure creating uncontrolled reservoir releases. As for the Association of Dam Association of State Dam Safety.

Working hazards, cutting concrete poses the risk of silica dust and inhalation electrocution and severe injury with from blade accidents. Regulatory violation, any alteration to a dam in South Dakota requires plans approved by a licensed professional engineer due to the danger of breach. The dam is from South Dakota Department of Agriculture and Natural Resources. Now we'll talk about boring holes in the earthen dams. Boring holes in earthen dams earth South Dakota earthen dams with their large structures managed by the US Corps of Engineers or Bureau of Reclamation as been a critical component of construction, maintenance, geological investigation. Notably, examples include the massive 1950 irrigation projects on the Missouri River and irrigation dam in Black Hills. Boring holes at these locations are typically done for geotechnical investigation, testing soil, bedrock, groundwater conditions, dam maintenance. Addressing problems like sedimentation, decayed vegetation, nutrient management in reservoirs. Spillway upgrades. Projects like the Lake Mitchell dam which failed to meet modern flood standards require careful evaluation of the earthen structure. Often needing geotechnical boring to upgrade safe spillway safety. Low-level drawdown, installing or repairing pipes through embankments is a requirement for newer dam safety regulation.

[clears throat]

Infrastructure installation, installing bedrock within flood control down tunnels allow for future hydraulic power generation. Safety standards. Many South Dakota dams over 60 years old show signs of age. Consequently That's your time, Tom. Okay. Anyway, um why take the risk? Why take the risk, people? Hydraulic dredging gives us peace of mind. So, thank you. Thank you. Thank you. Would anyone else like to address the council? Okay, hearing none, we're going to move on. Board of Adjustment, entertain a motion for the City Council to recess and sit as the Board of Adjustment. So moved. Mr. Goldhammer. Second. Seconded by Mr. Smith. All those in favor of the motion say aye. Aye. Opposed, same sign. Motion carries. Action to set the date for hearing 5 4 26. So, just set the date for all of those. Move to set the date. So moved. Second. Goldhammer seconded by Mrs. Sherks. Further discussion? Would anyone in the audience like to discuss this? All those in favor of the motion say aye. Aye. Opposed, same sign. Motion carries. Reconvene as City Council, entertain a motion for the Board of Adjustment to adjourn and the City Council to reconvene in regular session. So moved. Motion by Mr. Goldhammer. Second. Seconded by Mr. Ricardo. All those in favor of the motion say aye. Aye. Opposed, same sign. Motion carries. Hearing and action on the application to transfer RB 2833 retail on off sale malt beverage and South Dakota farm wine license for Air T doing business as Lakeview Golf to Lakeview Golf LLC doing business as Lakeview Golf LLC 3300 North Holman Street from personal to business and update sales tax license. Chief Kenneppelen. Mr. Mayor, city council, police department has no concerns. Recommends approval. Thank you. Move to approve. Mr. Goldhammer.

Second. Seconded by Mrs. Schultz. Further discussion? Would anyone in the audience like to discuss this? All those in favor of the motion, say "Aye". Aye. Opposed, same sign. Motion carries. Action to award bid for North North Holman Street from 23rd to Kemper project 2025-01. Mr. Schrader. Yep. Mr. Mayor, council, bids were opened on April 14th in city hall council chambers at 1:30. Six bids were received with the low bid being from BX Civil and Construction Inc. for $3,332,000. Um the bid tabulation is attached for your information. Jacob Sunny, a professional engineer with SPN and Associates has reviewed the bids to ensure they are complete and correct. Mr. Sunny recommends awarding the bid to BX Civil. The project is being funded through a state revolving fund SRF loan. Uh the project is a approximately 34% under budget, uh which is what we've been seeing this year for our underground projects. Um staff does recommend awarding the project to BX Civil and Construction uh for the amount listed and the bid shall be contingent on DNR approval. And I can answer any questions you may have. Yeah, Joe, can you tell kind of what the what this is going to cover? What Is this like covering I mean, I feel like there's a little bit of confusion because you've got the roundabout, you've got the sidewalk bike path project, you've got the infrastructure, the water, the drainage. Can you talk to us about this this Is this going to cover everything or what is this going to cover? Yes, this covers everything you described. The roundabout, the underground utilities, um obviously there's the portion of the sidewalk that's being assessed that will be covered by those property owners. Um so that's separate. But yes, this is all encompassing of the project. And so this is um

we're going to talk about the projects later in the in the meeting, but we have people here that are wanting to talk about it. I'm curious if this would be the time that they would discuss that or if you want to wait for a later um agenda item. I don't think that's my decision. That is council decision, so you go. Got you. To the world. Joe, will the reduced bid uh affect the assessments we did last meeting? Yeah, I believe the assessment was um estimated at $10 a square foot and I believe our sidewalk price was $6 and 80 80 cents. Thank you. Thank you. So it would be reduced by that amount. Thank you. Motion approved. Motion by Mr. Savers. Second. Seconded by Mr. Goldhammer. Further discussion? Would anyone in the audience like to discuss the North Holman Street and 23rd to Kemper project? Please come forward to the podium and state your name. Thank you. I'm Samantha Miller from 1527 Augusta. And just wanted to clarify some from the last meeting that I wanted to have better understanding of. Um my neighbor, Mr. Bruce, brought up the safety from where the traffic bike traffic is coming from on the around the roundabout. Just kind of wondering if there's going to be a flow of families crossing that or Does anyone have a picture? Do you have a picture of that, Stephanie? Yeah, I'm sorry. Yeah, she's pulling it up. If it's coming off of Cemetery Road from that Pheasant Ridge apartment, there's a gravel Yeah. place there and so kind of wanted to question that and if it's eventually there's going to be both sides of Cemetery Road sidewalked or just I don't There's no plans on the north side of Cemetery Road, is there,

Joe? Currently, there's not. There's no current plans. Will that gravel path eventually be made cement? Yes, I think it's a very high probability that eventually it will be made a uh a hard surface path. Okay. It shows that it's not a super detailed plan. I thought we had another one. So it's set up Oh, there it is. like your like your typical roundabout. It has um you know, those those waiting station or waiting areas in the middle um of the roundabout if there are vehicles approaching, um you could sit in that um that waiting area until it's safe to cross. Um Can you zoom in just a little bit more, Stephanie, on the so that they can see the crosswalk there? I don't see it. They can see like the dashed lines there. So those little

This photo doesn't line up with that. on the end are in the inserts. So this doesn't line up exactly with the image behind it, but what the center piece that Joe was talking about is this triangle here. So you can kind of see how it would connect. Someone could wait here before they cross to here. And then they could wait here before they cross again to the north.

Correct. Statistics show that a roundabout crossing is safer for pedestrians than a regular intersection. All right. I would just like to put my two cents in to have like a flashing pedestrian button for families to push if they could actually stop traffic from flowing during that time where they cross. It's busy and fast at that area, but or even along the memorial where you're going into the cemetery also, it can get high speeds there when you're trying to cross the street there as a family and it would be beneficial just to put in a stop button to get traffic to stop flowing and to get their attention more. Um I'm going to interject right here, Sam. I know that one of the other questions that has been brought up is the speed of um traffic coming into the roundabout. Can you address that? Yep. So as you can see, uh the lanes coming into the roundabout are curved and what that does is that uh it's a traffic slowing uh design. So naturally the traffic would would come into that and slow down. Um the the speeds within the roundabout should be um substantial probably half than what their current speed limits are out there currently. Um So within the roundabout, the speed limit will be 15 mph um and then once it gets beyond that, it would go back up to what the current speed limits are. Joe, what was the normal uh speed east-west before? 30? It's 40 right now. 45. 45. Well, they're actually a lot slower with the roundabout's crossing than they were the regular road going. There's stop signs, I know, north-south, but east-west are Correct. It would substantially It slowed them down substantially substantially.

And I just wanted to verify my paperwork said that the owners to pay for 5 ft of the cement and the city's paying for three for a total of 8 ft. That's correct. Okay. So it's the opposite? Um No, she's paying five, we're paying three. That's what I've heard. I've heard opposite and but I just wanted to clarify. Owners are five, city's three.

Yeah, standard sidewalks are 5 ft wide and then for the additional, the city's going to cover the additional since it's not required by the ADA. Okay. And one one of them that has the 8,000 estimated amount, so glad that's possibly going down some. Um When is the collection hearing that's after November? Is it 26th or 27th that that is due before the 8% interest starts charging us every quarter? Yep. So it'll be placed on the assessment roll. Um it'd be fall of 2027. Um with once that is set That's set your council, you'll be given notice of when it is set. Um once that's once that's approved, you'll have 1 month to pay it interest free. After that time, interest will start being um incurred and then it would be seen on the follow on the next year's taxes. So we have till December of '27 before interest would start accruing 8% on our total.

I believe we do that in September. September of '27? 20 '27. Overall project was 34. Uh the the cement is 32. Sidewalk is 32. So that's about 20 It brings it down to 52 eight estimate. 5208? No, 80. 80 80. Okay. idea. All right. Um So the city is shoveling snow. Is there any mowing that needs to be done between the gutter and sidewalk? And is the city doing that also? Mowing would be the responsibility of the property owner. Okay. But there is going to be grass in between the bike path and the road. Okay. Um so, part some of us have some tree lines in the back that are going to be pulled out and I just wanted to double-check is there some sort of compensation for that or we're just out with they're just taken out by the city's cost and that's it. Or is there some sort of The parks department has the re-tree program. They'll provide $100 each for up to two trees. And that's on a yearly basis. Up until funds are gone. So, a two-tree max. But I know that the one of the things that I love is that you guys are really good about working

with homeowners. Um I know that there if there's a way to preserve those trees that they work with you to try and do that. It doesn't always happen and sometimes the trees are just in the perfect location that they have to be removed. But um if there's a way for them to accommodate that, I know that on Pebble Beach Road we had some uh really nice accommodations that were made in certain circumstances and um so, just keep that in mind that they're going to that if you have a concern and if this is an important thing to you that you make sure to just visit with them and if there's something they can do, they will and if not, then there's the re-tree re-tree option. All right. If we choose as homeowners to have the concrete business of Big Dog, is that a conflict of interest? In the the way the project is set up, I don't think it would be it would not be possible for a different contractor to install the sidewalk. So, BX Civil does the Correct.

construct concrete. Okay. How about I was kind of interested to know about our neighbors that actually have the only entrance in on North Ulman, how they're getting in and out. Are they cutting through our backyard or Pebble Beach backyard? Do you want to take that one, Jacob?

my last question. Uh Jacob Sani with SPN. I'm assuming you're talking about Max's property. Yes, so we do have in the plans shown that the contractor is required to phase the project in a way that Max will either have to access from the south of their property on Ulman or from the north. So, the contractor will have to flip-flop construction zones to make sure they have access at all times. Uh we've talked to Max. The only time that they won't have access to their driveway is when the contractor is preparing and pouring and curing the concrete in their driveway. Something I really feel sorry for Sam because we tell that to put sidewalk in the front of her house. Now we're telling her to put sidewalk in the back of her house and charging her. I don't know how many houses are that way, but it's really unusual that we're asking them if the number was 8,000, I'm guessing it's going to be 6,500 now or something. I just have a problem with that. I have three sides. Um in my neighborhood, there's quite a few. I know if you have a corner lot, you'll have two sides, but I mean they paid for their front. Now they're going to put a whole bunch of sidewalk in their backyards. It's a very unique situation. I hope you understand. Yes. My other two cents is I I do I'm all for the program or for the road and the sidewalk. That's great. I don't I want it there. We've had a couple cars in our ditch, you know, in the winter. I want it slippery, so it's definitely needed. The curb it is, so um but it would be nice if we could pay for three and the city paid for five.

[laughter] Okay. [clears throat]

Name is Derek Gross. Um I'm on the corner of 1527 Pebble Beach Road there. Um just wanted to make another comment about pedestrian crossing in that area again. Um so, we were on vacation in Arizona recently. They got roundabouts like crazy there and I would I just wanted to comment I would never stop in the middle of those. Never. Um especially when you got the speed limit coming in, you're only reducing it to 15, maybe not even a block out. I think if I looked at that drawing right. Um wouldn't feel safe unless it's completely cleared. So, if there's something else that can be done there, um you know, I saw the signs. Um there's going to be crosswalks marked, but I still think if I were crossing anywhere in this area, I would avoid the intersection if I could. I am also I'm Melinda Gross from 1527 Pebble Pebble Beach as well. I just want to bring up that that bike path is coming ba- basically right into that roundabout. So, to me that's not the safest place to cross. When we crossed roundabouts on our vacation, you wanted to cross away from them. So, I think that's something that needs to be taken into consideration. So, for clarification, you would like to see the crosswalks uh further away from the actual intersection. Yes. To the east. And there's no bike path going east on 23. On 23rd. Yeah, but but you're saying I mean, are you saying for all of them because every one of the roads If it's not safe to cross a roundabout right near the roundabout. Okay. We have three little boys. There is no way I will let them cross that. I'm Amy Norton. I'm from 1535 August Avenue. I travel a lot for work um for the last 15 years to small towns, large towns across the states, Colorado,

Arizona, Chicago, um my husband's hometown of Canyon City, Colorado, which is about the same size as Mitchell. And I have four kids. I am with them. I'm not sending my kid to stand in the middle center when you have people now that blow through that intersection as it is. They don't slow down. So, and same thing, crossing, they're they don't it's there's no way kids are going to do that by themselves. And if we're wanting to promote this as a bike path and all that traffic, I I think this needs to be re-looked at for safety purposes. I do, you know, it extend, you know, what Sam said that, you know, I can't believe in the almost 15 years we've lived there we haven't had a car through our back fence with the snow and stuff, but the roundabout and crossing and safety, it's it's a huge concern. If we want people to use the bike path and do it the right way, we should look at the safety of kids crossing that cuz I'm not sending any one of my kids to cross that standing in the middle. It doesn't happen. You know, adults in Arizona, the ones that we crossed at my husband's hometown, nobody's standing in the middle. They're waiting and nobody yields to the people waiting there. They're quick to get around. They don't use their turn signals, so you have no idea if they're getting off, getting back on. So, I hope that you will reconsider um the safety of how the roundabout's going to work. Thank you. Hi, I'm Blake Nagabauer. Uh I have a few questions for you guys as well. Um I think the bike path is is an awesome thing um just for the city itself and then and just the pedestrians that live out there and everyone. Um so, a few questions on it. So, I just want to address some of the inconsistencies in the city with with the bike path. So, I think there should be a distinction between that and a

sidewalk. Um so, everywhere else around the lake, I'm pretty sure no one's paid for no residents have paid for a portion of a bike trail compared to maybe a sidewalk on their property. Um so, that's one thing that I think should be addressed and it should be looked at. The going north on North Kemper, um no residents or property owners there have ever paid for that bike trail. So, I just it it it kind of it's a little bit frustrating that there's so such much inconsistency with that. The next thing is snow removal. Um so, there's one year warranty period um is what I was told for the bike trail. And if snow removal is provided by the city and they chip your sidewalk after a year, we're responsible to pay for that. Does that seem right? I mean, I'm just trying to trying to figure this out. And then not being able to get your own bid is another thing with sidewalks. This is a city bike trail. You can't get your own bid. So, at what point is there a distinction between a bike trail and a sidewalk that residents should pay for? Just for clarification, the city does um take care of any uh sidewalk replacement that's required on bike trails. But after a year, if if there's a chip in the sidewalk, it's my responsibility. Nope. City takes care of bike trails.

Okay, now in the in the code or whatever, that's what it states. So, I just want to make sure there. For the entire 8 ft? Correct. It's been our practice um that the city has taken care of all bike trails. [clears throat]

Okay. Um that's the majority of the points I had to hit, I guess. There's a few other things I sent emails uh to the Ward 4 council members. Um many of you know me, so give me a call if you have any questions, but um the other thing on there would be let me see here. I mean, just talking to some of the right-of-way attorneys that work at the company I work at. Um you know, they they say that you're not supposed to have to pay for anything cuz your lots right now um where the bike trail path is going technically isn't in our boundary lines, right? Um and so, once curb and gutter is put in, then your lot gets bigger, and then that's when there's an easement for a bike trail to be put in. So, I guess being that this is all done in one, I don't know the code for the city of Mitchell, um but I'm guessing that our lots, when the road's being done, when the curb gutter's being done, when this bike path's being done, um that our lots get bigger, and that's the reason why we're paying for it, I guess. I'm just trying to get some understanding here on this. No, the the property you you own is your property. That doesn't change. Um the sidewalks being placed within the right-of-way, um all the road improvements are within the right-of-way. Um there is some grading that's going to be done up on your private property um in order because the the road's so high, and we're lowering it so that way the adjoining um grade can match in and water can drain towards the street. Um but no property lines are changing. Um to answer your question. Uh not really, but um we can move on from there. So, the last thing with the roundabout, I do think that it's you know, a little bit premature. Um and just I also travel for work like Mrs. Norton does. Um but I will say there's times when you're turning around those, if there are kids walking across the street, and there it's a little bit blind in those. I don't know if you've been to some cities that have them, but it's a little bit blind, and so if you look right to make sure that or left to make sure that you're good where you're going to go, and you go around to the other side, are

you going to be able to see pedestrians crossing the road when you're going around there? Like it they can be blind. That's just like just a you know, something to think about when doing these. Um there are some blind spots, and and you might not think it it's a possibility, but I could see it being a possibility that there's a little kid across the road. I made my turns, didn't see someone. Jacob, you got an answer for that? Can I address that a little bit, maybe? Um this particular roundabout um in some scenarios, communities put trees or other um plantings in the middle. Right now, I don't believe there's a plan for that. Um right now, it'll just be grass, so as far as uh making a blind turn, you should be able to see through the roundabout to the other side. Thank you. Chief Chief, I have a question regarding the pedestrians in a roundabout, which we they're brought up. Do pedestrians and bike have the right-of-way? I mean, are they uh like any intersection, pedestrians have the right-of-way? Yes, they would. Go ahead, Joe. Yes, if they're in the intersection and on the crosswalk, they have the right-of-way. Um also, I guess I would acknowledge that it'd be a personal uh preference for a parent whether or not they're going to allow their kid to cross if they feel their kid's responsible enough to look both ways. Um I personally would step onto any intersection until I knew the car was going to stop. I'm not going to play that game of chicken. Um our own crosswalk in front of the police department is a dangerous crosswalk. I would not step out in there. Um so, you the these are what I I would say somewhat valid concerns, but they're also you know, any intersection in town that has a crosswalk, you would face these same concerns, I believe. Thank you. Joe, is there anything you would Go

ahead, Joe.

Oh, I'm sorry. And I assume there would be a sign for the traffic to the cars, yield to pedestrians in the crosswalk, like there is in a lot of places. Yeah, Jared. Yeah, Jacob's shaking his head yes. These this plan will include painted crosswalk and signed crosswalks. Joe, my question is is there any way, and maybe this will alleviate some of their concerns, we could do a raised crosswalk like we have in front of the corn doll? So, the traffic, I mean, eventually, there's going to be strangers, but a lot of the normal traffic that goes through it will know, well, I'm going to have to slow down because there's going to be a bump there. Is that not Well, I would say it's not normal. You know, we try not to do things that uh vehicles aren't ready for. Um I guess it's not being considered for this roundabout. Can I ask how wide is the sidewalk in front of uh the apartment building? That doesn't built doesn't read Uh I believe that's an 8 ft uh trail. Anyone else like to discuss the plan? And just for clarification, Stephanie, can you put the picture back of the crosswalk or the roundabout? So, do the um where Okay, so if you zoom in, so the areas where you have people crossing, when they get to the other side, does that fold into the sidewalks that are being built except for on the I mean, with the west side of Almond, will it I mean, will all of those fold into sidewalk that is being put in and bike trail? The so, it'd be the Do you know what my

question is?

I think so. The northwest quadrant would have sidewalk continuing to the north. Um the northwest quadrant would only have sidewalk that would adjoin through the roundabout. The southwest quadrant, again, is only going to have sidewalk adjoined through the roundabout. And then the southeast quadrant will have sidewalk tied into uh to the east, and not eventually, more than likely, there will be sidewalk going south, but at this time, there is not sidewalk to the south. Thank you. Come on up. Um wanted to make another comment. Um you brought up uh where that sidewalk is being put in, where that bike path is being put in. Um was questioning about whose property that was. So, who owns right up next to the road there? Cuz the lots look like they're drawn where we don't actually own that anyways, where the where that's path's being put. You know, he asked if if it would if it would extend our property, you know, if it would change, and that would become part of our property. You said no. So, that implies that's not our property right now. Correct. So, why are we paying for something that's not even our property? I guess Well, it's in city code that um yeah, if you look at any if you pull up the GIS, like anyone that has sidewalk at all is not on their property. 100% of all sidewalk, I would say, or near that number is not in your your property line ends right in front of the sidewalk. From the sidewalk to the center of the road, which I believe is 33 ft, you have to maintain it and pay for it, but you don't get to own it. Is that accurate? Yeah, it's It's just standard practice to assess those costs to the adjacent property. Yes. But you said that's not our property. I mean, Yeah. I I think what we're looking for

here is South Dakota codified law allows that to happen. It doesn't have to happen. You don't have to assess somebody, but South Dakota codified law allows a a municipality to assess the adjacent property owner. Correct. It's atypical for sidewalk to be placed on private property. It is typical for sidewalk to be placed adjacent to private property within the right-of-way. Okay. I mean, I understand that you can. Not arguing that. I'm just asking why. Everything to the north, they never paid for it. Coming down, now we have to pay for it. So, I guess

We're under budget, too. So, So, I have told Mr. Gross uh the sidewalk situation to the north. The way I understand that is the sidewalk between Kemper and the golf course was placed on private property, which means the city got an easement from that property owner. So, I'm sure the arrangement was that we if the city was allowed to put in put the sidewalk on private property, that they didn't have to pay for the sidewalk. That makes sense. It's my understanding that north of uh the golf course, that that was done with a grant, and because there was a grant, the city chose not to assess that sidewalk. Now, we just did or I shouldn't say we just did. Uh 3 years ago, we did the Norway and Raleigh sidewalk, where we received a grant, and we also assessed it. And I guess I was just going to add, it's very I mean, every year, the city council has hearings on what sidewalks are going to be assessed throughout town. So, it's not just happening in this area. I mean, we have a whole 'nother neighborhood being done this year as well, sidewalks by Mitchell Boulevard. So, it's not a unique process. It is something that's happening across the city in the same process that's happening for you. That's a sidewalk. This is a bike path, though. Yeah, and then the other comment is where you said the project was under budget. Please keep in mind that this project is being financed with an SRF loan. So, that doesn't mean that the city has extra cash to spend on the project. The project was being largely financed due to the storm water and utility improvements happening under the road. I'm just asking for fair treatment based on what happened in the north. Yeah, Stephanie, I get your points there. And and when a project comes in under budget, I work with it all the

time. It's a great thing, right? Um I guess it was it was uh forecast to go to spend about 5.2 million, right? Um so, I guess my my concern is for property owners that pay taxes and this is a city bike trail, not a sidewalk. Um my confusion here is like it's it's 1%. Like it's $50,000. It's a small crumb of something that the city could do for the city, right? And not screw over, you know, 15 pedestrian or 15 residents in the city. So, there there's where our confusion's at. Um and I'm great for grateful for the cost to go down, I guess, but uh it's just it's a little bit confusing and it's very inconsistent. And so, you know, I think I think when you're dealing with this, it should be done in good faith um for all property owners. And that's really the really the part that kind of works us a little bit. So. And the Norway project, I believe, was also or Norway. Yeah, Norway was also a bike path. Yep, Norway and Raleigh was it was 8 ft on uh Norway and there was 10 ft on Raleigh. And like I said, we also had a grant on that project and 5 ft was assessed to the adjoining property owners. So, I'll summarize. I had a couple conversations with a few of you. Um I think one of the big things is that we were all a little blindsided by questions that could not get answered for us. We were all open to the project. Um I wanted to speak last time we met at the last city council, but several of us thought we were coming to a neighborhood meeting with the contractors and were not informed that it was a city council meeting. So, we were a little taken back that we were expected to come up and voice our concerns during the city council meeting. Um I know Joe um had a conversation with him this week. Um At the last city council meeting, um the

other gentleman got up and spoke about how they met with all of us and they laid everything out and everything seemed to be kosher with all of us. Well, I can tell you when I went to the meeting at SPN, not a single one of my questions could be answered about what happens with my fence, who's paying for the fence other than other than the city's going to pay for it. The city's going to pay for it. They asked me to sign an agreement. I did not sign it because it didn't have any information about who takes care of my fence, the 50-year warranty that gets voided on the fence if anybody but that fence installer installs it. We were left with really nothing and told that after the individual meeting, we would have a group meeting, which did not occur. It turned into the city council meeting where everything was voted on. And some of us did not feel comfortable the first time getting up and speaking. And so, here we are today trying to pick up the pieces of all these things that we would have been asking in a group meeting if that's what was happening a couple weeks ago. So, it's disappointing. I voiced my dissatisfaction with how this has happened so far. I do give Jake up. He's been great. He's been trying to ask the questions. I do feel like I've been trying to do all the research on my own property to get it figured out for SPN. So. I hope the city does better in the future for this type of situation and its residents. So, Amy, did you get your questions answered about your fence now? Uh no, I shredded the document and I haven't seen anything since. So, do we have an answer for her about that? So, at at the prop Well, I'm going to back up a little bit here first. Um Tonight, the actual item at hand right now is to award the project to the contractor. So, the contractor hasn't been awarded the project yet.

Um so, we have a schedule to a meeting with the contractor. Yes, there will be um a pre-construction meeting. And after the pre-construction meeting with the contractor, the contractor will be available to meet with individual property owners and we'll meet as a group. So, once the project is awarded tonight, if it's awarded, um we would prepare that letter and send that out to the property owners. Um as far as the the fence being replaced, the conversation at the meeting was that to maintain your warranty, the if for replacement of that by Four B's, I believe, who originally installed it, needed to be done to maintain that warranty that that would be completed.

wasn't known at that meeting. I did that research and called you guys back. You guys didn't even know who installed and at that meeting you said, "Oh, that's a good point. Didn't even think about a warranty on the fence." Um I I I'm not trying to pick a fight here, but um I believe you had actually talked to me about your fence prior to the meeting, so we had that knowledge going into that meeting and I it was discussed beforehand with uh public works staff. So, bottom line, the fence would be replaced by the same company and it would have the same warranty. Correct. Thank you. Okay. Is there anyone else with questions? Is there anyone else? We have a motion and a second on this. Is there anyone else in the audience who'd like to discuss this before we go to vote? Let's do a roll call. I I just Can I just say one thing? I just want to say that I appreciate everyone who's come out and who has come to I see you blowing through your mouth like on Oh my gosh. I just want you to know that um this is a really this is a project that is important for a number of reasons and and particularly the sidewalks / bike trails um are a huge safety thing that I feel passionately is important for all of the families that live along Alman. And I think that when all is said and done, um the your I I mean, I would like to say that you will be grateful and be happy that we did this. Um any area in town that we have done sidewalks for the last 13 and a half years that I've been sitting in this

chair, um there have been many, many people who have come to us with concerns very much like your own. And the you know, the one that is a common misconception is that Boulevard that is still owned by the city, but it is maintained by the property owner adjacent to that sidewalk and that Boulevard. And that is universal. It's it's in front of my house. It's in front of every person in this room, I assume, because I think we all have sidewalks. So, all of us have that same situation. And I mean, for all intents and purposes, anybody that lives on a corner will have more than one section of sidewalk that they end up paying for. And I had a long conversation with Mr. Gross and we discussed this at length, but you know, the fact that you end up getting some free snow removal, I hope that's a little bit of um comfort that you're going to get something good out of this besides the great safety issue. The um I I will hope that when it's time for us after this, I'm going to assume I don't know this for sure, but I'm going to assume that this will pass tonight, that when it's time to have those meetings with the people that will be doing the work, that you will continue to be active in this and that you will continue to go to those meetings and make your voices heard and express your concerns so that the people that are doing the work and the people that are responsible for it will um hear what you're saying. And I want you to know that we're not a group of people here who are callous and and like we don't care what you're listening to or what you're saying to us. We we are listening. We um understand your

concerns. We really do. Um and we at least I'm speaking for myself now. Um I am going to be voting for what I see as some a project that will be a huge benefit for our community and specifically for the area where you all live. Um and I would have liked to have seen this happen 30 years ago when our kids were little. I would have loved to have had this project come to fruition. It wasn't even something that came to anyone's minds, uh I don't think, but uh you probably all are aware of the tragedy that happened um in the early '90s when Jason Kemink was hit and killed by a car because we didn't have a sidewalk for him to walk on. And um so, you know, he was up here. He was, you know, not much older than my my [clears throat] kids. I guess he was a little bit older, but um that happened and that was a really impactful time for us. Like everyone's heads came up and said, "We've got to do that." And that was 30 years ago. And here we are, 30 years later, and we have children who live in all of these homes. You all have these little families. And some big families. Um and we're going to have sidewalks now that they're going to be able to walk and be able to um enjoy walking their dog or ro- rollerblading or biking or whatever it is that they want to do on those sidewalks safely. And I can't emphasize enough what a wonderful thing that is. And the fact that these bid- bids came in lower, I am absolutely thrilled because I know that that's going to lessen the blow to every person. It I mean, it's not going to take away the blow, but it's going to lessen the blow financially for all of you. So, anyway,

um sorry, I'm rambling, but I just want to say that I am going to be voting in favor of this, not because I'm not listening, but because I really believe that at the end of the day this is something that is really good for our community and specifically for the people who live in this area. And with that, let's do a roll call. Bath- Bathke? McCartle? Dosch? Goldhammer? Sabers? Smith? Churches? Motion carries. Action to approve special event permit application for the Mitchell Chamber South Dakota Literacy Conference on Tuesday, June 16th, 2026. Motion by Mr. McCartle. Seconded by Mr. Goldhammer. Further discussion? Would anyone in the audience like to discuss this? Oh, sorry. Did I come up early? Um I just want to say uh a few things about this event um very briefly. Uh we were contacted by Dr. Childs of a potential conference coming to town probably about over a year ago. And we've been working with the Department of Education um for about a year to help plan a special event um in the Corn Palace Plaza that evening. Um so, it will be open to the public, but it will be uh it is planned for uh attendees of this conference. There's going to be over 900 people coming to Mitchell um for 2 days in June. So, it's fantastic. Um and it's in the middle of the week. Um so, also really great for our hotels. Um so, we're very excited and we wanted to kind of throw a special event for them in the Corn Palace Plaza. Um we'll have Malcolm Mitchell, who's a former NFL player. And again, the South Dakota Literacy people put this part together. Um and he'll be speaking and signing some books. Um and we'll have the Mitchell Children's Choir performing. And then we'll also have some food trucks there as well. And so

again, it is for the literacy um attendees, but we're opening it up to the public because we want everybody to come experience this and help welcome them to Mitchell. Very cool. Thank you. Anyone else in the audience like to discuss this? All those in favor of the motion, say aye. Opposed, same sign. Motion carries. Action to approve amendment number one to agreement A2024-25 Mitchell Tornado Shelter with Larry Gerdes Architect project 2023-33, Mr. Schrader. Yep. Mr. Mayor and Council, amendment number one for the tornado safe room project uh at adds additional bidding phase services. Uh the original bid included precast walls on the interior and exterior. The second bid included precast walls with reduced finishes with an alternate for block walls on the interior. The final bid includes alternates for block walls, port in place walls, and precast wall panels, both interior and exterior. Um staff approval of amendment number one with L L Gerdes Architect for an increased amount of 13,500, which will put the new contract amount at 62,490. I can answer any questions you have.

[snorts]

Move to approve. Motion by Mr. Goldhammer. Seconded by Mr. Bathke. Further discussion? Would anyone in the audience like to discuss this? All those in favor of the motion, say aye. Opposed, same sign. Motion carries. Action to approve amendment number one to agreement A2025-62 Lake Mitchell PMF study with Houston Engineering, Mr. Schrader. Yep. Mr. Mayor and Council, Council approved an agreement for the Lake Mitchell 50% probable maximum flood assessment and breach analysis with Houston Engineering at their October 20th, 2025 Council meeting. That agreement included project management, hydrology, spillway capacity evaluation, dam routing, breach analysis, and mapping, uh emergency preparedness plan updates, and an incremental damage analysis. Amendment number one includes the addition of the 23% probable maximum flood and mapping to support uh the variance request to the state of South Dakota Department of Ag and Natural Resources. Uh the amendment also includes support tasks such such as attending a City Council meeting and the South Dakota DNR meeting. Staff recommends approving amendment number number one with Houston Engineering for services described. And that amendment number one is for 24,162. I can answer any questions you have. Thank you. Move to approve. Second. Motion by Mr. Goldhammer, seconded by Mrs. Churches. Further discussion? Anyone in the audience like to discuss this? All those in favor of the motion, say aye. Opposed, same sign. Motion carries. Action to approve amendment number two to agreement A2025-06 for North Ohman Street 23rd to Kemper with SPN and Associates project 2025-01, Mr. Yep. Mr. Mayor and Council, SPN and Associates is requesting an amendment to the agreement for the North Ohman uh Street project. This amendment includes bidding and construction phase services for the project. SPN will be performing project

administration, staking, testing, and observation. Um staff does recommend uh approving amendment number two. Um and that cost is for 556,500, bringing the new contract amount to 816,500. I can answer any questions you have. So, Joel, was was this intended all along that once we get the project in place and then you've got to hire somebody to oversee the project or how does this all fit together?

Correct. Um on these types of projects, we typically use the design firm to do the construction staking to make sure um the improvements get put in where they're supposed to be. Um we also use them for observation to make sure the plans are being completed with how they were intended. Um it allows um they work with our staff directly, but they're they're the eyes um and ears on the project, whereas we fill in where needed, um you know, answering questions or facilitating um conversations with property owners, uh any issues that may arise. Um they make sure that uh testing services are completed that the contractor is backfilling trenches appropriately, um that the concrete is tested to make sure that we're getting what we're paying for and what's specified. Um So, was would this number be the third one uh from where the the numbers are listed that's 802,000? So, it's amendment number two, it's 556,500. Right. But as far as the budget our overall

We had our budget numbers. Yeah, our overall budget would be um those four numbers that are included. And okay, so there really wasn't one one that was identified for for the professional services as opposed to the in our overall budget.

are those are projects that are in the numbers. Okay. Okay. And with those and with those, we're still 34% under budget. We budget uh for those services. Yep. Second. Motion by Mr. McCartle, seconded by Mr. Smith. Further discussion? The only other thing I'll mention is these services are hourly not to exceed, so if they end up using less time, obviously we pay less. Yeah. Wh- which will be comforting to knowing the fact of we've got so many landowners that this is involved that they have still got the same contact people if they've got questions, comments, concerns while the project is is progressing. Would that be a true statement?

Correct. Okay. And they hold monthly or biweekly meetings if we need a monthly at a minimum. Um and we do allow um property owners to participate in those meetings if they wish. Okay. Okay. Anyone in the audience like to discuss this? All those in favor of the motion, say aye. Opposed, same sign. Motion carries. Action to approve agreement A2026-28 permanent easements for North Ohman to 23rd to Kemper project 2025-06 with the labeled contractors. Mr. Schrader. Uh Mr. Mayor and Council, uh these are permanent easements uh for the North Ohman project. Um these agreements are necessary for the installation of underground utilities at the identified locations. Um the easement agreements are attached uh for your information. Um the property owners are listed. Um staff does recommend Council approval and authorize the mayor to sign on their behalf. And I can answer any questions you have. Move to approve. Motion made Mr. Goldhammer. Second. Seconded by Mr. Sabers. Further discussion? Would anyone in the audience like to discuss this?

[clears throat]

All those in I have Yeah, I have some Go ahead. Yeah, I like one of the ones that is listed as a personal residence. Can you talk to me about what that means for them? Yep, so they actually have a uh storm sewer that runs through their yard um that uh takes flow from Olman over to Augusta and joins into that storm sewer system. Um there was currently uh no easement on the books for that one. Excuse me, I'm in the wrong location. I apologize. Uh same instance though where we have uh storm sewer uh within this No, this is sidewalk. I'll get it, Jacob. This is for sidewalk that was placed on private property where no easement was granted. So, when we were looking through the um property uh for this, the area to the north did receive uh an easement where as this property did not. And there also is a drainage um that will be installed on the east side of the sidewalk on private property that will also be covered in this easement. I guess I don't understand then. So, what does that mean for them personally? What how is So, the sidewalk

The sidewalk was already there when they bought the property. It's more of a clean up item. Yep, a paperwork issue. Yep. Okay. All those in favor of the motion, say Aye. Opposed same sign? Motion carries. Action to approve agreement A 2026-32 temporary easement for North Olman to 23rd [clears throat] to Kemper project 2025-06. Mr. Schrader. Yep, essentially the same thing but these easements are required just for construction purposes. Uh the reason we are we are getting a uh temporary easement is for access purposes to these properties. Um with that staff does recommend council approval and authorize the mayor to sign on their behalf. And I can answer any questions. Thank you. Move to approve. Second. Motion made Mr. Sabers. Seconded by Mr. Smith. Further discussion? There will be a few more easements coming uh for this project. Um just here with Anyone in the audience like to discuss this? All those in favor of the motion, say Aye. Opposed same sign? Motion carries. Action to approve purchase agreement A 2026-33 with RT LLC for the North Olman 23rd to Kemper project 2025-06. Mr. Schrader. Yep, City of Mitchell is purchasing this tract of land identified in the attached purchase agreement from RT LLC for $1. The size of the property outside of the right-of-way is approximately 1,123 sq ft. Property is located on the northwest corner of the Olman and 23rd intersection. Purchase is required for the construction of the roundabout. Staff recommends approval and I can answer any questions you have. Move to approve. Motion made Mr. Sabers. Seconded by Mr. Goldhammer. Further discussion? I said Did I say Goldhammer? Mr. McCarty. I forgot to jot that down. I was on a roll there. Okay. Anyone in the audience like to discuss this? All those in favor of the motion, say Aye. Opposed same sign? Motion carries. Action to approve agreement A 2026-30 South Dakota Department of

Transportation 5339 grant funds for equipment. Ms. Elwyn. See if I can get this one up here. Okay. Mayor and Council, I am standing in for Jessica Pickett today who was unable to be at the meeting. Um this grant application has some of the regular items that they applied for in 2020 for 2026, but she also received notification that the city would be receiving additional grant funds that were not anticipated. So, if you Oh, I thought I pulled it up on this screen. Hold on, I'm on the wrong screen. So, if you can look here, um their total grant dollars that were were awarded are 65,440. They do require $16,360 worth of matching funds. Jessica had already budgeted for almost $13,000 of that fund. If the council approves this supplemental request, we do need to include the $3,416 out of the community service fund reserves to fund the difference for the matching funds required. I did propose or I did bring back the second reading for the supplemental appropriation ordinance with those funds included for community services. Again though, this is allowing her to get um you know, the grant pays for 80% of the cost with the city matching 20%. And I can try and answer any other questions. The items that are being purchased with the grant are shown on the agenda staff report. Okay, thank you. Move to approve. Motion made Mr. Goldhammer. Seconded. Seconded by Mr. Bathke. Further discussion? Would anyone in the audience like to discuss this?

All those in favor of the motion, say Aye. Opposed same sign? Motion carries. Action to approve agreement A 2026-31 to South Dakota Department of Transportation 5339 grant funds for vehicles. Ms. Elwyn. Hi Mayor and Council. Again, I am standing in for Jessica Pickett with Community Services. This is a grant agreement between the DOT and the Palace Transit. It allows them I'm clicking on the wrong one again. Hold on. This is for a bus um grant. I have trouble cuz I can't see up there and down here at the same time. So, I sorry I apologize about that. This is for them to apply for grant funding or receive grant grant funding for two different bus replacements. One is a 20 passenger bus and one is a 16 passenger bus. Um this wouldn't be budgeted until the 2027 budget, but if council approves this agreement, you have to include funding as part of that 2027 budget. The total cost of those two buses would be $336,471. But due to the grant funds, the city would only be required to budget for $50,471 in the 2027 budget. And staff recommends approval of the request. I guess one other note, it's not adding more buses, it's replacing aging buses within the fleet. I can try and answer any questions you have. Motion made Mr. McCarty. Second. Seconded by Mrs. Turks. Further discussion? Would anyone in the audience like to discuss this? I guess I did have a question about use capacity. Um cuz I do know they have other buses, but Jessica's not here, so I'll follow up with her personally about this, but um just about what uh capacity that if we're replacing buses that are replacing size for size, is that is that what we actually need? Um compared to I

know they have some other smaller operating transportation devices, and so if we're replacing a 20 passenger bus that only seats 10 people regularly, do we need to buy another 20 passenger bus?

That's a good question. I can answer for you. And I don't have the answer. Okay. All those in favor of the motion, say Aye. Opposed same sign? Motion carries. Action to approve resolution R 2026-18 plat of tract tract A in the Storts addition and the rest is shown in the agenda. Mr. Jeneges. Mr. Mayor and Council, Planning Commission recommended approval of this unanimously. This is outside ETJ but within 3 miles of city limits. County has already approved this plat. Um the applicant is platting their land because they need to obtain a building permit to build a house on. It's currently described by measurements. County ordinance doesn't allow them to get a building permit unless it's platted. I can answer any questions that you have. Move to approve. Motion made Mr. Turks. Seconded by Mr. Goldhammer. Further discussion? Anyone in the audience like to discuss this? All those in favor of the motion, say Aye. Opposed same sign? Motion carries. Second reading of ordinance O 2026-04 a supplemental appropriation ordinance for fiscal year 2026. Mayor and Council, uh included It's not up. Mayor and Council, included in the budget is the full supplemental appropriation ordinance. I did review that in great detail with you at the last meeting. I can certainly answer any questions. I did want to just bring up this one page that I've added to the presentation. And that is the additional um um the additional supplemental request that was changed you know, in order to account for those grant funds that the council just approved. So, that shows you how much um which lines were changed. We had 7950 for shop supplies, 6360 is grant funded, 5850 for vehicle cameras, 4680 was grant funded, 3281 for tires, and 2625 was grant funded. And they do have sufficient cash in their fund to cover that um matching requirement for that grant. If you're

looking at the attachments within the agenda packet, all of the reports have been updated to include these as well. So, everything is current as of second reading. And I can certainly go through the whole presentation again if you want, or I can answer any questions that you might have. Let's go through the whole thing again. I'm just kidding, don't do that. Unless anyone has any questions. Move to approve. Motion made Mr. Goldhammer. Seconded. Seconded by Mrs. Turks. I love talking budget. We could do this all night. Would it anyone in the audience like to discuss this? All those in favor of the motion say All the same sign. Second. The motion and adoption. Would anyone else like to address this from the city in the audience? Okay, roll call. McCardle, Dosch Goldhammer I Sabers I Smith I Church

I Batthy I Motion carries. Let that pass these around. You just pass these around, please. Appreciate that, Mike. Okay, sure. Why not? All right. Next, first reading on ordinance 02026-05 repealing Mitchell City Code section 431 regarding indoor amusement licenses, Mr. Johnson. All right. [clears throat]

The mayor asked that I prepare this ordinance to repeal the section of our existing code. The section at issue here reads that no person shall conduct or operate any opera house, theater, or moving picture show without securing a license therefore. The license fee shall be as established from time to time by resolution of the city council. So, I guess the mayor can speak to his rationale here, but I believe it's just Yeah, to to simplify it, every year I have to sign that the movie theater has to pay $50 per screen to operate a movie theater. It just seems like completely unnecessary regulation that's probably from 100 years ago. It just seems like less paperwork and less malarkey for the movie theater. It's kind of weird, but I just figured let's take it off the books so we don't need it. Second. Motion by Mrs. Church, second by Mr. Smith. Further discussion? Would anyone in the audience like to discuss this? Okay, all those all those in favor of the motion say I. All those in favor of the motion say I. Motion carries. First reading on ordinance 02026-06 modifying the method of electing electing officers for the city council, Mr. Johnson. All right. For this ordinance, you may recall that when Mayor Hanson first took office, we ran into an issue with the election of officers for city council itself. And after that, we adopted a procedure to help break these ties if they ever occur. When that ordinance was initially adopted, what we did is we established that those ties would be broken by the flip of a coin. The mayor suggested that we bring this back for council's consideration to have that be instead of using the coin break as a tie. It would be the chair of the meeting, which in the case of the city council would be the mayor. Decide how to break that tie. So

that ordinance is in front of you. Yeah, the only reason I had Justin do that is that the more I think about it, I just I would rather have something as important as a tiebreaker for who's in charge not be left up to chance and be up to the mayor. The only thought I had on this was that as we think about breaking a tie, especially like for you, it was your first meeting and you [clears throat]

I don't know that you had a closer far relationship with either person. And so then to have to put that on your first meeting would put you at a disadvantage, I think, as a new person coming into office. And I would certainly wouldn't want you to start with a board with a disadvantage, if that makes sense. And so like you're having to pick one candidate over the other, but this is somebody you're having to work with the whole board. And so this the system that we put in place when we did that, it alleviated that necessity. Was my only thought. And there might be other thoughts out there and I think it's worth discussing and and visiting and I'm going to place on first reading. I'll make a motion. Motion by Mr. Smith, second by Mrs. Church. Okay, anyone else? Would anyone in the audience like to discuss this? Okay. All those in favor of the motion say I. All the same sign. Motion carries. Next is the discussion on leash law requirements. So this is probably one of the more popular things people reach out to me. So Gail has reached out to me and asked if we could talk about it and she is here to talk about it. Mayor Considine, my name is Gail and I am actually the founder of Prairie Run Rescue here in Mitchell. I'd like to I'd like to request and ask that we we reinstate the leash law ordinance. I feel it's very important. And the reason I'm coming to you at this time is because it's spring. The dogs are getting out. They're going to get feisty. And not all the time they're going to have the owners are going to have control. So I want to read something. While

Mitchell's leash law can be seen as a benefit for some pet owners when out with their dogs, it can be dangerous for others, especially without proper training and enforcement of the current ordinance. Dogs and cats traveling off property or away from owners puts not only them at risk of being hurt, hit, hurt, or lost, but also their residents and their pets. Increasing the leash law to only allowing pets to be on a leash of 10 ft or less and enforcing it would help residents feel safer to walk their pets. While I understand that there are responsible dog owners who properly use a remote collar, perhaps a middle ground of deeming the bike trails are another area half off leash allowed would be a good compromise. For a city with no community shelter or humane society, keeping our pets safe should be a priority. Now, Huron has a has a leash law. Pierre has a leash law. They're smaller than we are. Why doesn't Mitchell? Not only that, it's not just to protect the pet, it's to protect the owners. And there are people who like to go walking that don't have animals, but are scared of animals. We have to protect them, too. And the owners. You know, is it fair? I have little dogs. I walk them on a leash all the time. Is it fair that a dog off leash comes over and attacks my dog? Who's responsible for that? Am I? Is it them? Or do I come after the city? Cuz we don't have a leash law. Hi. My name is Amelia Pandree. I am a

resident of Mitchell, homeowner. I am also a business owner. I am also the founder of a nonprofit called the Luca Fund, which is a 501c3, all related to animals. I lived here for 10 years. I can say with my whole chest that it is an epidemic off leash dogs. I am on the street every single day, not only walking my personal dogs, but other people's animals who I have got to protect from off leash dogs, not to mention children out with dogs off leashes, roaming cats, etc. It is We need a leash law in this town. I understand there's people that want to run their animals by the lake. I have saw comments about that. I run all the time with my dog off leash, blah blah blah. The laws aren't for particular people, they're for the common wealth. Um In many other cities, one I can say, New York City, Central Park, you can have your dog off leash there from 6:00 to 11:00 a.m. In Chicago, you can have your dogs off leash at the beach from 6:00 to 11:00 a.m. Having something like that so people are fully aware of when animals are going to be off leash here in a controlled situation would be great. I have to get up in the morning and check social media to make sure that there's not off leash dogs reported in the Mitchell area or where I'm going to be walking that day with other people's animals. I've watched your dog, you know that. So um Yeah, it's just it's like it's not just the responsibility of the pet owner, it's all of our responsibility, okay? Like it's not just the off leash dog that's could get hurt, it's my animals, it's other people's animals, it's people's children.

We need a leash law. Thanks. Thank you. I just want to say thank you for your time. And please consider. Hi, I'm Shelly Canegater. I have a dog training business here in Mitchell. I travel Mitchell, Huron, Chamberlain. And I have to be very careful in Mitchell when I'm working with other people's dogs and with them. I've had dogs run up and I have to be the blocking, which is part of my job as well, which I understand. But it's something I also have to report to my insurance as a business owner that this is a risk in Mitchell. I've had to adjust where we do things because of off leash dogs and there's nothing that I mean, they can be off leash if they're under control. It's they're within their right. Um now I [snorts] will say that you know I like an off leash walk as much as the next person, but my dogs are actually you know, well trained for it. They will come.

[laughter] I can call them off of deer and stuff. So it'd just be nice to be able to be in Mitchell and take in you know the bike trails, parks and everything and not have to worry about it. But also part of it is enforcing it too, which I understand can be hard because you call it in by the time somebody gets there they're gone. [laughter] So I understand that as well. So maybe a way to report it as well would be nice, but thank you guys very much for considering it. Thank you. Hello council. Uh I'd like to see the leash law your name for the people at

Uh Stuart Hanson like nobody knows. Uh I'd like to see the leash law reinstated for a few reasons. Nobody here has mentioned yet that when I'm driving down the streets and the roads and I see somebody walking a dog without a leash I don't know if that dog is going to run out in the street. So people are slamming on their brakes, which isn't safe for the people that are driving or the people behind them. Another reason is when I'm walking my granddaughter and a dog runs up to them. She doesn't know whether they're going to bite. She doesn't know if it's going to knock them over. And the third reason for me would be if a big dog runs out, which they have several times, and they run over to me and the the owner says don't worry he isn't going to bite. That's probably my least uh reason for wondering cuz there's two reasons I don't want a dog to jump on me. For one, I have bad knees and if they jump on me and my knees go backwards, I'll probably end up on the ground. Number two, anybody that is a male around here knows if a dog big dog jumps up on you, there's something you have to protect to make sure that you don't get injured. Thank you. Thank you. I guess I'll just run unless you guys have anything I'll just round it off with a story that would like Joe was there this morning. Someone in the engineering department came up to me once and they were working on a city project and they just they went up to someone randomly and said are you worried about this and the lady was pushing a stroller and she goes no, I'm actually most worried about our town a dog coming up and biting my kids face. It had nothing to do with it. So I just thought that was a very interesting story. I don't know if anyone else has got anything else for discussion. Well, this came to us how many years ago that we changed that? Three. Three and a half. Yeah, I actually voted against repealing the leash law back then. Um and my reason we're dog owners obviously. We we have

dogs and we we walk them and whatever, but um our my big thing was I go into people's homes and I see the dogs uh you know, I have often been in a home that has dogs where the owner is like uh you know, pulling hard to try and keep it away from me and you know, like oh just a minute, it's going to be fine, you know. Um and personally I'm thinking you know, if that dog was not on a leash and decided to attack me that they they'd be hard pressed to keep it from doing that. So I did vote against this uh and I would not be opposed to having us discuss this. I think that maybe there are some things that we could put in a leash law that would maybe make it so that it's a little bit of a compromise. If you're in a rural area, maybe you know, where there's room for your dog and there are no people around or I don't know. I don't know how you would uh define the places where a dog could be off leash. Um I know that we personally so you'll think I'm talking out of both sides of my mouth, but on the bike path that is on Oldman or 23rd Street, sorry, on 23rd Street um that goes along there. There is a wide open field and so when we're walking, we will let our dog off leash at that point and run. And then if anyone is coming, if there's ever any pedestrian or person on a bike or a person with another dog or whatever it is, we call our dog back, she comes and we put her on the leash until that is passed and often that means that she ends up being on leash for the rest of the walk. Um but um I don't know if that's something that we could accommodate or not accommodate, but I have I've had concerns about it

and I know that we've had a few instances over the past three and a half years and I just think that maybe it's something that we need to look at again. That would be my preference. But again, it's but something that I voted against when we did this three and a half years ago. Does anyone have anything else? Okay, so we got one more thing here before we move on, which is pulled from the consent agenda item application for Sam Weller Foundation for funding [clears throat] of the golf course short course. Perfect timing. I guess my question is uh in the staff report it caught my eye where it looks to me like we really don't have the $250,000 that the donor is giving. It was called a pledge. And you called it a donor. And I caught something that was I relistened to the meeting and when you said the donor was committed or something like that I'm 99% sure I heard Steptoe go hmm. So I'm just curious, do we really have the $250,000 donation? You asked me. You heard the ladies on the staff. So I'm asking you yes or Steptoe, do you have $250,000 donation? I don't even remember saying anything. I don't know if that was me that said hmm, but as as far as I know, I don't think the city has received in hand anything yet. Cuz I did ask that. All I know is they're putting in for the pledge as part of the they're putting in for the donation as far as the pledge. Yeah, I was under the assumption that we

had to do this project because or else we would lose the money, but it seems like we don't have the money. That just seems a little bit Why wouldn't that be the case? We are applying for the money. We don't we can't lose it if we don't have it. I understand that, but why would that have anything to do with the pledge? I guess I'm lost and maybe I'm off miss miss something. I thought the $250,000 was included in helping to pay for the project. And if we you know, the project could be at a standstill if we didn't have the 250. [clears throat] What's wrong with them putting in for a pledge on part of their donation?

was pledged and so yeah, we considered [clears throat] the million plus project, but it's really only going to cost us less because we've got 250 committed. That's how I understood it. I agree. But I feel like we don't have a a commitment. We don't. Mr. Mayor and council members, can I read the statement? Yes. Our golf and cemetery board president wasn't was unable to be here tonight and what he indicated that I should read tonight was they've been encouraged to submit an application to the Weller Foundation for a dollar amount yet to be determined by their board. The applications are available twice a year. That process isn't open all year. It's open in in April and in October. So in October when this may have been discussed this wasn't approved by the council at that time because the budget wasn't approved. Um the balance if needed, if there's anything other than what they receive through that grant would be need to be raised through private sources. This would all need to be locked in prior to the budget prior to the bids um going out for the project or the funds would need to be acquired elsewhere. That's that's all there is to it and it right now it's still in the design phase. So it's not like we know a dollar amount or anything. So again, they're committed to getting the dollars and they've been encouraged to go after the grant dollars. Yeah, and I was just going to report we asked that same question last week and that's what Jeff had um responded to us, but this was part of their 200 the grant application would be part of that $250,000 contribution and that they were committed to making up up to the $250,000 for the project. It just I just know during budget it was we have to do this or we're going to lose the money and now it's we have to apply for this. If we don't get it, then we have to go raise funds. Those are just completely different.

It's just completely different. So I was pretty shocked when I saw this, too. I mean I'm not saying we shouldn't apply for it. I definitely think we should because it the project needs it. My name is Doug Backlund. Um my recollection during budget hearing was the $250,000 was already pledged and you guys had a donor and it was told to push that through. Otherwise, you guys were going to lose this donor. Now you're going to search to find more money. Kind of seems like a little fishy business and some lies have been told. I had a conversation with Jeff about this when I read it on the agenda and as it was expressed to me is that a part of this grant process in order for the city to apply for it were required to do this give authorization to apply for that grant but then an individual has discussed with Jeff as a part of this grant to get to that $250,000 in donations to the project and so it was not I don't think I don't know what that split looks like nor does Jeff and I don't think they want to put the cart before the horse with what dollar amount they're looking for from the Weller foundation. So if the 250,000 is not given the project stops? Until they raise the money. Well that's how I thought it worked. I just felt like it was a I watched both of the meetings the 15th and the 22nd. It was very misleading I felt like and we're stewards of the taxpayers money. I really feel like we misled them. Numerous times it was said we have it. We've got it. We don't. If we had it she would have it. So I I think we need to be really careful next time when the word donors out we have the commitment before we do

the project and I said this when we did the corn palace too didn't work. We spent $84,000 and we didn't do the project. So let's just make sure I think we actually need a form that's you know legally binding you you've made this commitment that you're going to do this. If you go buy a house you tell the banker I can do this. You have to provide the funds to show you can do this. We didn't do this here. Tim just for clarification when you talked to Jeff was he saying that they couldn't apply to the Sam Weller foundation until they knew that that was that the project was being funded but for the 250,000? I think both city and state code require that if city entity or request money for a grant it has to be done in this process and I don't want to speak out of turn for Jeff but when we talked it was he was still very confident that they were going to get to the $250,000 with this grant and conversations that he had with donors. Okay anything else? And I'll just add real quick that that's my understanding too that there was a verbal there but until the project was officially approved then then then you go ahead and apply for the funds but we as far as the pool was concerned we did exactly the same thing and we had of several we had the the swim team obviously committed a lot of money for the pool and how many years was it 10 years? Or no not 10. Yeah. They were supposed to numerous Yeah. Yeah numerous years that we we gave them the ability to pay that back. So it's not that we don't have some type of a history of pledging and collecting pledges.

I I do have to clarify the budget was passed as though the funds will be received when we do the project otherwise you know you'll have to make some adjustments there cuz we passed the budget like the funds were coming in in the same year that it was being expended so I remember John asking the question when we get the when when when we get the bids is this a sure thing and the answer is no. We still have to approve it and I would certainly think if we don't have the pledged funds that it probably won't pass or at least I probably won't support it. That would be my next comment was that you have the ability to say no at the bid approval. And my worry is again we're going to get a bunch of engineering and design fees sunken just like we did with corn palace and not have all the funds prepared. That to me is the alarming part. All projects can we do it in the tennis courts? I don't know the answer to that that question.

design? Yes. I thought so. Don't we most projects I mean you design before you I mean I think we usually do design when you have a reasonable expectation that you're moving forward. I would hope that's what we're doing. All right. Let's do the application for Okay. I'll move to approve.

Motion by Mr. Goldhammer. Seconded by Mr. Smith. All those in favor of the motion say aye. Aye. Opposed same sign. Motion carries. Motion enter into executive session according to SDCL 125-3 consulting with legal counsel and SDCL 19-19-502 lawyer client communications. Second. Motion by Mr. McCarty also second by Mr. Goldhammer. All those in favor of the motion say aye. Aye. Opposed same sign. Motion carries.

Mhm.

Mhm.

Mhm.

Mhm.