City Council - Regular Meeting

Call this meeting to order. Start with 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. Next is invocation by First Lutheran. I'm Pastor Scott Munger from First Lutheran here, and thanks for the invitation to open our meeting tonight with just a word of prayer. As uh summer approaches and warmer weather approaches, I was moving some clothes around and it reminded me of uh getting my golf clothes to the front of my closet and reminded me of a few verses from Colossians where Paul talks about how we clothe ourselves and uh and I think it uh speaks some beautiful words about public service and how we care for our community and each other. And so, just a few verses from Colossians. As God's chosen ones, clothe yourselves with compassion, kindness, humility, meekness, and patience. Bear with one another, and if anyone has a complaint against another, forgive each other just as the Lord has forgiven you. So, you must also forgive. Above all, clothe yourselves with love, which binds everything together in perfect harmony. And whatever you do in word or deed, do everything in the name of the Lord, giving thanks to God. Amen. Blessings for your meeting tonight. Thank you. Welcome.

[clears throat] Sabers. Here. Goldammer.

Here. Gosch. Here. McCardle. Here. Barington. Here. Bathke. Here. Charks. Smith. Here. Okay, we have a quorum. We're going to start with the recognition, so why don't we have Lorenda Olson come on up here. So, we're going to do a proclamation honoring Lorenda Olson for receiving a frontline caregiver of the year award. The city of Mitchell recognizes the vital role that healthcare professionals play in preserving the health and well-being of our residents, and Lorenda has been recognized by the South Dakota Association of Healthcare Organizations with a distinguished frontline caregiver of the year award honor for a non-licensed caregiver who demonstrates compassion, strong clinical skills, adaptability, and commitment to continued professional growth. Lorenda is a certified nurse's aide and a certified medication aide, has a dedicated 32 years 30 She has almost as long as I've been alive, so good job.

[laughter]

to long-term care and 22 years at Avera Brady and Rehab. Her colleagues describe her as compassionate, thorough, always ensuring that she cares for her cares for feel comfortable, valued, and supported. The people that you care for feel that. Lorenda is also known for her patients' biggest cheerleader, bringing energy and encouragement and a positivity to work every day. This recognition reflects not only Lorenda's personal dedication, but also highlights the quality of care provided by Avera Brady and Rehab and the importance of compassionate healthcare within the Mitchell community. The city of Mitchell is proud to celebrate the achievements of those who make a meaningful difference in our lives and strengthen the community in their service. So, now, therefore, be it proclaimed the city of Mitchell hereby honors Lorenda Olson for achievement in being named the frontline caregiver of the year award by the state of South Dakota Association of Healthcare Organizations and extends our sincere gratitude for her dedication, compassion, and exemplary service to the residents of our community. So, thank you. OKAY, THANKS. CONGRATULATIONS. YEAH, NO PROBLEM.

[laughter]

SO MUCH FEEL good stuff lately. Okay. Approval of consent agenda items. Items appearing on the consent agenda may be removed by a city council member for discussion at the beginning of formal agenda items. Would anyone like to remove anything? Move to approve. Motion by Mr. Goldammer. Second by Mr. McCardle. Further discussion? Anyone in the audience like to discuss this? Aaron, come on up. Thank you. Good evening, Mayor and Council. Uh Aaron on behalf of the Palace City Pre-Sturgis Party, which is Thursday, August 6th, from 5:00 to 10:00 p.m. down on Mitchell's Main Street. We're excited to share two new attractions to this year's party. The Palace City Ranch Regulators will be conducting three cowboy fast draw exhibitions, and there will also be a mechanical bull sponsored by Iverson Power Sports. Uh the party is also going to include a kids zone sponsored by Missouri Valley Placement LLC. This will feature inflatables, face painting stations, a Strider Bikes track. So, event cup proceeds this year, we're going to provide Volga Christian School with a kindergarten PE learn to ride program fleet, which includes 24 bikes, helmets, pedal kits, and two rolling storage racks. Uh while you're there, you'll also want to check out the various food and beverage vendors, the vendor booths, sponsor booths that will be set up on Main Street, the bike show hosted by Shifters Crew, the car show hosted by 301 Rods, Corn Palace Cornhole will be tossing bags. Our motorcycle entertainment this year is one wheel revolution V-Twin Stunts. They're going to have three performances throughout the evening as well. And then just as of today our main concert headliner performing from 8:00 to 9:30 on the Corn Palace Plaza stage,

he's Warner Records Nashville's rising star, Red Fern. And then just last of all, we want to give a huge thanks you first off to our long-standing partners of the event, Clockworks, Jack Daniels, Mita Sanitation, All Kids Bike and 301 Rods, as well as another huge thank you to this year's energetic and supportive sponsors, our flagship anchor sponsors, J&L Harley-Davidson and Law Tigers, our associate sponsors, Janklow Elias and Real Estate, Atria, The Window Shop, Quality Wood and Metal Designs, Iverson Auto, cyclefish.com, Plains Commerce Bank, our kids zone sponsor, Missouri Valley Placement LLC, our mechanical bull sponsor, Iverson Power Sports, our car show sponsors, County Fair Food Store and TMA, and our bike show sponsors, Hendrickson and SMS Cycle. So Thursday, August 6th, 5:00 to 10:00 p.m., Mitchell's Main Street, we'll see everyone there. Thank you. Say Aaron. Aaron. Yes. I don't know if you know heard but there was a feature on the news Sioux Falls station, can't tell you which one, where Brian Clark was interviewed and he talked about this uh uh pre-Sturgis party that they had pictures of it and uh it'd probably be repeated tonight again but Okay.

afternoon it was on the news. Yep, so I I believe Dakota News Now uh Okay. is where that would have been and yeah, they reached out to him. He's on his him and Vanessa I believe are on the Kyle Petty Charity Ride Okay.

right now so they were able to get in contact with him and I'm sure Very good. He shared a lot of good information. Thanks. Thank you. Anyone else you want to say to discuss discuss [clears throat] the consent agenda? Okay, roll call. Do show. Hi. McCardle. Hi. Barrington. Hi. Bathke. Hi. Smith. Hi. Sabers. Hi. Goldammer. Hi. 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 will be considered but no action will be taken at this time. Would anyone like to address the council? Sorry, we were talking. Okay.

[laughter]

Oh, we were I thought who's going to arm wrestle to go first. Okay. Um I'm Elizabeth with Mitchell Main Street Beyond and I just want to say thank you guys for your support over the years. We just kicked off our summer with First Fridays on Main last Friday and it was great. We had the community come out so thank you to those who sponsored, were vendors, came to help make it possible. Appreciate everyone's support. We did also have Ladies Day Out this last month on April 18th. We had 1,443 entries. So that's really special and I hope to keep continuing continuing to grow these events. In May we have the Dessert Rumble happening. There are 12 local restaurants competing to see who has the best dessert in Mitchell. Highly recommend get out there. It's just like a burger battle but with desserts. I believe I've been to Michelle's night out or sold out in the first 15 minutes since the beginning of May so far so be patient as we really kick off this month with that Dessert Rumble. Then coming up in here we have Memorial Weekend in Mitchell on May 23rd. Lots of activities happening. You can find all that on mitchellmainstreet.com but we have a mental health run, poker run, car show or excuse me, show and shine, South Dakota Mud Racers, Twin River Old Iron Association, South Dakota National Guard will also be out there followed by some vendors, a kids zone, a kid pedal pull, cornhole tournament, uh some music on the street and then of course the barbecue rib championship. There is a pro division, those are people that can cook 20 to 40 or more ribs or whatever time. And there's also an amateur division, that is a brand new thing this year. So anybody is welcome to compete. If you can fit four to six ribs on your smoker from your backyard, you are welcome to come try out and see if you can take home a cool trophy that day. Then right back into First Fridays on June 5th with the Garden Party supporting Habitat for Humanity with Bad Habits being on the stage. Thank you all for your time. Appreciate you. Thank you.

Mayor and members of council, I'm Shannon Sandoval, chief of fire and EMS. Just want to take a quick minute to recognize our city and some area first responders in light of several calls we've had over the last week and a half. Um we've had some individuals and several agencies be a part of these calls that made them go as well as we could have expected. So I just wanted to to recognize a few folks, few agencies, the Mitchell PD along with our dispatch, South Dakota Highway Patrol, Davison County Sheriff's Office, Ethan Fire Department and then all those folks at Prairie Queen of Peace who uh have done monumental efforts with us and and uh in those calls.

[snorts] Uh big shout out to Dean and his crew at the Mitchell Police Department. There going to be some other recognitions forthcoming but um [snorts]

on a call that we had last week, it was a it was a fatal two uh two fatal accidents. Some of our law enforcement officers put themselves in harm's way and turned this call into what could been completely devastating to something very positive. So again, just want to recognize them. And then also today Carl Paso of Paso Time Out fed our entire public safety building. So had food, basically did a lunch and a dinner and and snacks kind of in between so just want to thank everybody for their efforts and know that we appreciate them and we care that we appreciate that we what we get to do here. So thank you. Thank you. Thanks for everything. Anyone else like to address the council? To Uh I just wanted to take a second to congratulate Brenda at Einstein's. She was this year's recipient of the Hope Award. For those of you who aren't familiar, it's a annual award that started this year with the Hope statue that is placed at 5th and Main. Uh it is for those in our community that help bring forward hope. Brenda has done a lot for the Mitchell Main Street community but also beyond. Um and so I think she was very well deserving and I was very happy to see her receive that award. Her granddaughter was there and did a really nice job recognizing her grandma as well. So just wanted to take a second to thank Brenda for all she's done for Mitchell and say congratulations. Thank you. Anyone else?

[clears throat] All right, moving on. Board of Adjustment, entertain a motion to the City Council recess and sit as a Board of Adjustment. So moved. Second. Motion Goldammer second by Barrington. All those in favor of the motion say aye. Aye. Opposed same sign. Motion carries. Hearing and action on the application for Chelsea Prosser conditionally use permit. Chelsea Prosser has applied for a conditional use permit for a family residential daycare located at 1008 East 7th Avenue legally described as shown in the agenda. Mr. Jenegas. [clears throat]

Mr. Mayor and Council, Planning Commission recommended approval with the three usual conditions for the daycare. Signs were posted, published in the paper, notices were sent out to the neighbors. There was one letter returned in favor of excuse me, two letters returned in favor. Um the applicant has had a daycare previously um but she has lapsed for the six months that we usually have for that uh time frame with one of the conditions. So she's re-applied for it. I can answer any questions that you have. She has already passed the fire inspection as well. Thank you. Passing some paperwork around here. That will be for the next one so you can Move to approve. Motion made by Mr. Goldammer. Second. Seconded by Mr. Smith. Further discussion? Uh they said there's two different ones. Anyone in the audience like to discuss this? Okay, all those in favor of the motion say aye. Aye. Opposed same sign. Motion carries. Hearing and action. Hearing and action on the application for GTRT Advertising conditional use permit. GTRT Advertising has applied for conditional use permit for as shown in the agenda. Mr. Jenegas. Mr. Mayor and Council, B and C are kind of our they go together. One's a conditional use permit with the zoning code and then the C, the variance, is with the actual sign ordinance itself but they're essentially the same thing, it's just in two different places on our ordinance. Planning Commission did recommend approval of this. There was one letter that was in opposition that was in your packet, that's from Kramers. Kramers reached out to me today and said that they would like to withdraw that opposition to that after discussing with the the applicant. I passed out some letters that I received since the packet was posted, there were two of them for this that were opposed to it and then also Ron Ringle from neighbor to the north also called his lawyer called and said that they are opposed to it as well. So signs are posted, published in

the paper, notice neighbors were notified of it. Um DOT since this is on their right of way is also been in part of the project. They have to approve the application as well as the city does. They had some site concerns originally but they met with the applicant on site and found a location for it. Um, it has to be 500 ft from an off-premise sign, uh, 100 ft from an on-premise sign. So, there are regulations that they still have to meet even outside of the conditional use or the variance on the next part. Um, this would be for a 16 by 24 uh, digital billboard sign, which is 384 sq ft. A lot of the billboards you see in town are uh, 12 by 24, so 288 sq ft and those do not require conditional use permit or the variance with it. Still has to go through the same process. So, the setbacks from the other signs um, and also DOT would have to approve those as well because it's on the DOT right away. Um, I can answer any questions that you have. I know the applicants are here if you have any questions for them as well.

[clears throat]

I've had a couple people reach out to me on the sign. How much out of place is it compared to how much too big is it? Like 84 ft or If it was at 300 sq ft, it would not come through this, but it's 384, so 84 sq ft over. Okay. And that's what triggers the conditional use. And I think uh, some of us received an email to our city email address and those folks were opposed to it. I think remember two for sure. I did receive that, so I don't have any other information with that. And one of the problems with it is the size. You know, why does it have to be a fourth bigger than what's allowed? I'd let the applicant respond to that. I can't answer that. Would the applicant like to come up to the podium, please? Can you state your name, too? Jack Turvin. What was the question again? Why why are we considering Why why do believe it has to be so much bigger than what's allowed? Well, originally we we just want to make an impact when you come into town for the north end of the north end of town to make it, you know, that's why we're going instead of a mono pole structure, we're trying to put up um, rock or brick pillars to dress it up. And it depends on how much we have tied into it financially. Uh, Carrie and I have come across the a thought that we might go from be a pillar to pillar and do a welcome to Mitchell sign to try to make it as a grand entrance coming into Mitchell. And all we're trying to do is stimulate the north end of town. Everybody's so focused on the south end. We try to we try to like to bring more I don't know.

Try to bring some more draw to the north end of town. And everybody's from here on and everything north as far as billboard wise um, [clears throat]

it'll be attractive billboard and there's a lot of them static billboards that look tattered and run down and don't get, you know, taken care of where a digital billboard we can hit multiple people in one location to benefit more people. Anyone else have questions for the applicant? Mark, did you have anybody respond in favor of it? You you said you got a couple letters opposed to it. Um, with that uh, to the Kramers withdrawing theirs, I would assume that they're in favor of it, but I didn't have any other phone calls at all. No. Yeah, are you in favor of it back there?

I'm opposed to it. Okay. I have a question for the chief. A lot of people that called me today were on safety issues. Do you see a safety issue, you know, coming around the curve there and people looking at the sign? That's a lot of the issues I had on it. You know, I I can't say that I have any concerns directly. Um, I do think distracted driving is distracted driving. People people could [snorts] be looking at their phone just the same as they could be looking at this while they're driving. Um, We're both I don't know if I've necessarily heard anybody at an accident saying ever say that I was looking at the billboard sign versus the road. So, I I don't really have an opinion on this right now. Thank you.

[snorts] [clears throat] Just to clarify, you're saying if it was under 300 sq footage, it's no problem? Not no problem, but no conditional use. Yes, that's correct. There would not be a conditional use or variance with it. It would just be permit um, with the city and also with the state. Um, city won't issue ours until the state issues theirs. Um, they've reviewed the plan. They are signing off on the plan for it. So, just the 84 ft in excess is really what we're talking about. Correct. Mark, can you go over the dimensions again? This is 16 by 24, which is 384 sq ft. And compared to the other signs

12 by 24, which is 288 sq ft. So, it's four foot wider. So, all the ones we have up throughout the town, is this the first one over 300? Do we have another one someplace? The one I'm not aware of. Um, the one on the bypass, I think. Justin, you were here when uh, Chuck did that was at right at 300 sq ft. That's over. That's 320. I installed that one. I'm going to say that one's either 10 or 12 by by 20 in here or 32. That'd be the only one. I know that the one at Burr and Havens is 288. The one at in front of Walmart is 288. Um, the one um, that Backlin owns, that's under as well and that's only one side for digital. Uh, I'm Spencer Nation. I own the ground that the billboard's actually going on. Just to address your safety concern with it. Um, I've been working in the shop with the garage doors open and we're seeing semis go through, you know, every five or six minutes and all the semis are actually if you're coming southbound through that curve there, they're actually looking left to make sure that there is no oncoming traffic through there. So, they're not really looking to the right at the billboard. There's actually a yield sign on the right hand side that I feel like most people just don't even see cuz it should be on the left hand side in my opinion towards the driver. But as far as safety, I don't think there is anything and we're also shut back far enough from the highway to where coming from the north, you really can't quite see until you're at about 390 area right where that speed limit slows down to about 35. So, just wanted to let you know. Well, and on top of that, we met with Abby from DOT and there's two highline poles there that are Northwestern's. And right where the taper begins on the new

this is the old picture of the old but um, of the old inter that was before pre-construction. So, we met with Abby being at DOT, there's a taper there that begins. We are out of the line of sight before the taper. And she made sure that we were set back far enough, which we uh, agreed and complied with her on that. So, the yield sign that he's talking about, we had to be from the beginning of the taper to that yield sign with no blocking visibility of it. So, we're set back closer to closer to Spencer's building than we we originally wanted. See, that's still the that's the old one. Yeah, there isn't updated Google Maps. One I think is the [cough and clears throat]

I just can't view the street view. [clears throat]

If you click on the little yellow guy in the bottom right corner. I was on the street view and that's the view I had. Uh, go go back. Did you sit on highway 37? Yes, if you click on highway 37, that should all be updated. Oh, there you go. Oh, well, There's a lot of straight there. Yeah, yeah, a lot of different pictures. And you can actually go in north a little bit, too. I think it's updated. There you go. So, if you don't get on the Y Yep. We're like 20 ft north of that dirt mound, aren't we, roughly? Yeah, basically we're in line with that left there right window. I just Yep, right about there. Yep. That way those poles that are in line now are out of the sight of that pole. The yield sign So, approximately how far off that sidewalk towards the north northwest will you be? I think we're 42 ft.

About. So, that transformer, you're you're inside that transformer for sure. Right. Yes. The question we brought up the the question we brought up to the to the Abby at DOT is Spencer's got permission to build if he was to build his building bigger or applied for it, he could build 10 ft up to that sidewalk. He has to be a setback of 10 ft, which in that case would block the yield sign and everything. But as it sits now, that's all since you know, Spencer hasn't built that far. [snorts]

We asked Abby, she's like, yeah, technically he could build out 10 ft setback off the sidewalk and it'd block that whole thing and they could say nothing. You know, but our sign is still going to be set back farther than that. So, we're going to it's still visibility of the intersection, Abby's fine with it with the state. [clears throat] Can you um, can you can you touch on just again why it has to be the 84 ft bigger? I'm just a little I I the one of the things that we have to have is need or cause. But I guess our biggest size

I guess the basically probably I don't care. What do you think? I'd say in fact and most digital billboards are 10 mm. We're going to a 6 mm. It's going to be crystal clear. It's going to look like a TV. It's going to be you know, I don't know if you're familiar with the millimeters and on the resolution. So the millimeters of a 10 is a larger digital and that's the spacing between the lights. So the closer is the higher resolution. So I mean I guess mainly the We just wanted to do something that was a little bit bigger and brighter. I shouldn't say brighter, but clearer and advertising wise it's just going to be phenomenal. The reason we did that is so that their ads are hopefully easier to sell for our customers. Yeah, these automatically adjust with the brightness of the lights. Yeah.

Correct. Yeah. Yeah, it's it's it's technology now than when they first started it's just phenomenal, you know. [clears throat]

Okay. Well, I guess I'll take a motion and then we'll open it up to the audience. I'm guessing there's some people that like to speak on the other side of this. I mean I see the planning commission voted unanimously, so I'm going to make a motion to approve. I'll second. Motion and second. Sabers and Bathke? I will mention that with Mr. Chuck's gone, Board of Adjustments takes a super majority, so it's six out of eight of the whole board, not just of members present. So if applicant would like to table they could or excuse me postpone until you have a full board, you could do that as well. Well, is there anyone in the audience that would that would like to discuss this? Come on up to the podium. Good evening. Thank you. Can you say your name, please? Jeff Mills, yes. Thank you. Lamar Advertising.

[laughter]

So I I don't oppose them putting up a digital billboard. Obviously, they fall within the spacing and whatnot, but I think it's going to set a bad precedent if you allow them to go over the 300 square feet. Um if you approve this, what's going to stop you? Are you I mean are you going to turn down anyone else in the future that applies for 383 square feet or 672 square feet? I mean are you going to change the sign code to 383? I mean everybody would love to go bigger. I mean bigger's better. There's a reason it's 300. What I just I just What's that? What is that reason? Well, like they said, I mean bigger is better. It sticks out for sure. But again, it's going to stick out for everybody that might not be in favor of it. I would love to go bigger. Like I said, I mean if you if you approve this, I'll probably be putting in for one, too. So.

[laughter]

Okay. You stated the reason has to be You stated there was a reason. I was just curious if there was like a Is it cost? Is it Now they're trying to stay within the code, right? I would imagine. Yeah, it's the Yeah, you have a sign code. So you got What I'm saying is you got the same opportunity to get a variance just like them. If you did I don't know if you even have one in town here. Not digital, no. We don't. No. But that's my thoughts on it. That closes it. I mean I Like I said, I'm I'm good with them putting a digital. I mean obviously it's I have no say in that, but I just think [clears throat] it should be within 300 feet. Thank you. And that's what often we limit that's one of my concerns that I currently am having is that uh when we do this for a lot of different things. Obviously, we all know what we decide to approve here tonight, are we ready for what can we have opened up? Um uh of late we've seen a lot of digital billboards pop up around the city of Mitchell. Um they've been great. They're beautiful view. Uh there was one for the longest time. I don't know how many there is now. Somebody else probably has number, but we all know there's quite a few and they're [clears throat] going to continue to pop up, which is totally fine cuz they're they're everywhere. Um but I'm just concerned about if we do a larger one here, we just better be ready for the next size to be on the next corner or someplace else and and domino effect through because if I would say yes to them tonight, I don't know how I can really say no to the next person. Especially if they're following it all the confines of the state like and stuff, but obviously the sizes are set together by governing bodies throughout the state is where they come from like, so. Yeah, but Justin, how old is this?

[laughter] The ordinance? The ordinance now? Oh, the sign code? Yeah. I think it was I mean I'm saying things change over time. Go big or go home. I mean you go down 41st Street in Sioux Falls, they're everywhere. Yeah, I think the the last major update to it, not, you know, like smaller clerical things, uh would have been like 2013. So before my time. So speaking about Sioux Falls, Mike, does anybody have an idea what And once again, we're not Sioux Falls, but anybody have an idea what their large size is? Can they go above 300 there? It's 288. However, there are some that are 1448. Yeah, I was just going to But yeah, Jeff or whoever can answer.

Well, like like he mentioned, there is there is larger ones in Sioux Falls cuz I was there uh for a daughter's softball game and I got pictures of them through all the way to Harrisburg and on the edge of Harrisburg that there's same size billboards. Um and they're in front of professional businesses and they're, you know, I notice them and I pay attention to it cuz I'm looking for it, you know, but to a normal person, you know, it's a wow factor and it you know, this one stood out cuz I look at them like all right, that's normal. That's normal. That's normal. That that one that one is a little bit bigger and that's really eye-catching and that's why Carrie and I want to do it is cuz A, there's none up there as of yet and we want to like I said, make an impact. In the in the end it's going to help hopefully help us sell it. Um I mean I I mean I somewhat respect the gentleman from Lamar, but in the end if he was in my shoes right now, he'd be wanting for the bigger one as well. So I mean [clears throat] it's it's a love-hate deal, but I uh I don't know. It's how we all look at it. 4 ft larger on one side or 2 ft on each side.

[laughter] So. Well, it's all in the it's all in the presentation, you know. Right. And as the gentleman from Lamar stated, he'll probably be up here at the podium asking for a variance in a conditional use in the near future. I can't blame Lamar in here yet, to be honest with you, but uh in digital, that is. But they will be if we give this to you. I'm sorry, what was that, Marty? They will be if we approve this one. Right. What if we table it until we have a full board here with Mr. Chuck's here, wouldn't that That's probably up to the applicant, I would say. What do you want? He's asking if you want to table it and I would just assume we've been sitting on this

that they table it. Well, we can When I when we when this first come to fruition, this was before Spencer built his building and we I called the state. They have a B and D which he went and met with her and they said yes, it's fine. Met with Mark, he said yeah, it's going to be fine. So back then, we spent the money and we already owned this billboard for at least 11 or 12 months. So we wanted to have it up last fall already, but we wanted to wait till the construction was done. Cuz really it wasn't going to do any good cuz the traffic up there was already congested and already. So I've been sitting on this billboard and as you know, they're not cheap. So you already own it? I own it. It's sitting in my building. That's a little different.

So I mean to be honest with you, we've been we've been holding off already for When did you start When did you When did you buy your ground? What day in September 24th? So we've been sitting on this since then. So I mean we're ready to get it up and get it going so we can start trying to get some return back on our on our sign. So. I did not know you already owned it. Yeah, it's it's there. And I don't know if you guys know what cuz even your little 4 by 8 signs cost, but they're not cheap, but imagine that times X amount, you know. So the complaint I got also, Jeff, is the size of it. Have you had a chance to sit down with the immediate neighbors? No, I have not cuz originally, to be honest with you, I'm kind of shocked with Mike Moore being opposed to it cuz originally all the way along they said that we could take their sign out if we gave them a you know, a spot on our sign. So to find out that they're against us is kind of alarming if that's I mean and Randall's Yeah, and Randall's I didn't know nothing about um until the night. But on this drawing per se, it's not in proportion. I mean the city or the state asked for something quick to so that they could plot something else, so I gave them this and an aerial. I mean this isn't per se up to scale. Um for one this oh it looks like it's four to four to five foot off the ground. We know we're going to be almost eight to 10 foot off the ground. So I mean if they're if Mike's, you know, complaining about the light or visibility and I sent Stephanie pictures from his windows. Bingo. Bingo. Oh, okay. But I sent pictures from their windows and they trimmed their trees up since this hearing or this deal came up, but even if the trees are trimmed up 50 inches off the ground and their office windows are 50 inches and you're looking out, you're still not going to be this you're not going to see the sign. So I mean they're talking about light pollution or anything of the sort or distracting to their employees, it's not going to be distracting to any of them within that building.

I mean everything that everything from Mike Moore's office is behind the tree the existing trees that are there. Well, until you've had a chance to visit with them, I'm not going to support it. So I don't It's up to you if you want to I can sure visit with him. I have no problem with it. I've always gotten along with Mike. And and that's my major concern is the immediate neighbors. Yeah. Yeah, that's why, you know, I did hear that Frank opposed it right away, but he didn't, you know, I answered his questions and then he was fine as I guess they can't I did So you did get to visit with the Cromers. I did visit with Chris and Frank. Yes. Yep. Yep, I I didn't wasn't aware of Mike until tonight. So like I said, I always thought he was for it cuz at one time it was mentioned that we could, you know, do a sign thing on ours. So Cuz originally it was the 100-ft setback or difference between his sign and our sign and we're I think we're 116 or 120, I believe. So So if we have a I'd like to table it as soon That was going to be my question. If you guys want to just table it for 2 weeks and give them an opportunity to go talk to talk to everyone else and then we can come back. Yeah, whatever. We're not trying to be, you know, I think that'd be I think that'd be a good idea cuz current time I can't support either. So that doesn't pass. Okay, so we have a current motion and a second. Would you like to withdraw your motion so we can table it? Okay, motion withdrawn. So would Would someone like to I'll make a motion to table. Motion to table and we got a second. Thanks for your time. Yep, thank you. Anyone else in the audience want to discuss this before we vote on it?

[laughter] All right, all those in favor of the motion of tabling it, say I. I. All the same sign. Motion carries. We'll table it for next meeting. [laughter] All right, hearing an action on application for GTRT advertising variance permit. GTR So same same thing.

This is the same thing. It's just in a different part of the code. Um planning commission recommended approval of this as well. Um You have the same letters. Okay. You guys want to table that as well then? Table. Second. Got a motion by Mr. Goldhammer to table, second by Mr. Smith. Further discussion? And just to be clear, that's table to the next Board of Adjusting meeting, which is your your next council meeting, correct? Correct. Yeah, thank you. All those in favor of the motion, say I. I. All [clears throat] the same sign. Motion carries to table. Reconvene City Council and entertain a motion for the Board of Adjustment to adjourn and the City Council reconvene in regular session. So moved. Second by Goldhammer, second by Mr. Goldhammer. All those in favor of the motion, say I. I. All the same sign. Motion carries. Number 11, Leadership Mitchell 7th Street traffic signal box presentation. Miss Ellen, would you like to start? Um Mayor and Council, I'm trying to pull up a presentation that the Leadership Mitchell class is here today to present on this item. And they're got it actually. So do you want me to just click through here and Okay. That would be great. Thank you. Okay, go ahead and we could start with you guys maybe introducing yourself before we get too far into here, too. Sure. My name is Tiffany Ellis and I'm part of the Mitchell Mitchell Leadership team. And I'm David Zemlin as well, part of the Mitchell Leadership team. Uh so we are part of the class of 2026. Um and Stephanie, [clears throat] if you wanted to go ahead and click three times, I think that'll be good. Um two more times. There we go. Uh so part of Leadership Mitchell is to propose a class project that uh supports the mission of the Mitchell Chamber of Commerce. And if you want to click one more time. And or uh the Mitchell community. Uh so we are proposing a continuity of a design that was started through Mitchell Main Street and Beyond uh through what Liz Lizak [clears throat]

has done. So Stephanie, if you want to click one more time. [laughter] Uh what the city has done, what the Historical Society has done, what Liz has done with Mitchell Main Street and Beyond is tell our collective story of where we came from, uh the settlers who came through our town. And one of the things that I've really appreciated moving back to Mitchell, I grew up here. Moved away for college, came back um 20 years later. Um but if you look at Railroad, you can go ahead and click again. Railroad, 3rd Street and 5th Street. You can go ahead and click again. [laughter]

Uh one more time. You'll see these kiosks that Mitchell Main Street and Beyond has put up to give us a sense of place. On Railroad, you see pictures showing the depot where this used to be, the main hub of the community. Uh people would come from all over the country uh either stopping through Mitchell to get out west or uh going back east. This [clears throat] was the heart of our community. Um that tells a story through the resources from Carnegie uh resource. Uh if you want to click again, Stephanie, please. Uh the next one, which I first noticed because I live on Western Building is the history of the buildings on Main Street. So on 3rd Street, you'll see uh some of the architecture. Uh one of the buildings um I believe it was the Western Building was by an architect who um did some buildings in Chicago and shows kind of a similar design there. Uh so again, giving us a sense of place of where we've been and where we're going. Um and then if you'll click again. On 5th Street, it tells a little bit again about the buildings that were there. And uh just [clears throat] recently, I think it was this week, there's a plaque that went in there showing that this was where the second Corn Palace uh sat. Um and so if you wouldn't mind clicking again, Stephanie. One of the things that as we talked about the project and thought about how we could contribute to Mitchell one of the things I kept thinking about was the history of the Corn Palace. So where you have a historic walking tour uh starting on Railroad, why not bookend that with one of the crown jewels of Mitchell, right, the Corn Palace. We joke about it. Um I've had more than one conversation of people you You were a what? You were colonel? Um

not the military commander, but the peace keeper. Um And I mean, you you warm people up, you bring them in and you get to share some of our um [clears throat] culture, which has won me a few friends, especially in college. It was good. Um If you look at uh the design, if you would go ahead and click then. So on the left side this is a building on that continuity that um Mitchell Main Street and Beyond has created. These are some pictures from the Mitchell Chamber of different places of interest here in the um Mitchell community uh including that map of local attractions. And then on the right, thanks, Stephanie, if you wouldn't mind clicking again. Um what I've done is I've gone and incorporated the template and the layout that Liz used on the kiosks to kind of showcase the history of the Corn Palace. So growing up, I knew there were different iterations, different buildings. And like during um circus week or like when we had games for volleyball or basketball, I would see the different murals from the different years, but I never really understood the story of the fact that there are three different buildings that were um part of this story. So if you click again, Stephanie. Uh the very first building in built in 1892 um from 1904 sat on the corner of 4th and Main Street. I didn't know that. Um [clears throat] and if you'd click again. The second iteration sat on the corner of 5th and Main Street. And the current one that is still standing today stands on

or takes up the block of 7th and 6th Street. And so um Stephanie, if you wouldn't mind clicking again. This design that we've created is intended to build on the work, the good work that is already happening and to continue that momentum. Um what we've done as a team, we have several of our members here. If you guys wouldn't mind standing up for a minute. Thank you. Um and we came together as a class to fund raise for this. So you guys wouldn't have to worry about um raising the funds. Jeff from Sign Pro would be doing the printing and the installation. Stephanie, if you wouldn't mind clicking again. And one more time. Um so together through the work of our various organizations and businesses, we've raised $3,050. It costs $1,000 to print and install uh the wrap. The additional 2,000 would be housed by the Mitchell Chamber of Commerce for uh maintenance to update the design 7 or 10 years down the road when it starts to fade. But uh that's a little bit about the project and I'm going to turn it over to Deziree Ann for questions or anything I missed.

[laughter] [clears throat] There's additional boxes, too. Um there's one on 1st and Main, too, that we found out that the VFW is also working on the design to do a wrap. So part of the funds could be for wraps on additional boxes, maintenance like Tiffany mentioned and so forth. So I think the project looks great. So I'll move to approve. I think this is just a presentation or is this Yep, we presented it to um Stephanie Josh Firebaugh, the approval of the presentation. Joe Froder to [laughter]

make sure it fell into the realm under all of their rules, regulations, guidelines, and presented the design to them as well in our previous class. So. Well, thank you. Appreciate it. Thank you. Appreciate your time. Thank you. You were excited for that one, Jim, huh? [laughter] I was. I think it looks awesome. All right. Actually, Brew Special Event Permit Application for 301 Rides and Rides Car Show on September 18th through 20th, 2026, Ms. Omen. [clears throat]

Stephanie, are you going to go through this one? Oh. Oh, sorry. I thought Aaron was still here. Nope, Aaron left. Okay. Okay. I can sure pull up the application and answer any questions that the council may have.

While you're pulling this up, would you like to talk I thought I would. Yeah, I'm just going to go through it real quick, but yeah. Hi, Mr. Mayor, Council. Joey Wright, 301 Rides. Basically, just here to answer any questions if you have. More or less, this is just a change of location for our pre-registration, Friday night and Saturday morning before the show. With Vern Eide having cars back in their lot, we have plenty of lot to host our pre-registration. Basically, we're just mostly moving to the south parking lot of the Kibble Park Complex. So, it'd be the softball parking lot, the south one. We can leave room on the south end for the dog park, but we just needed a lot big enough to house us for the registration event, so. And then, we'll be leaving with our parade from there Saturday morning down into the car show for Oktoberfest. So. The staff didn't have any concerns with the application. You guys have done this before, so move to approve.

Second. Motion by Mr. Goldhammer, second by Mr. Brenton. 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 approve agreement A2026-35, Corn Palace Service Agreement, Ms. Omen. I was anticipating this one, so I can answer any questions, but the enclosed agreement will extend the city's existing agreement with the chamber to run the gift shop on the Corn Palace floor for the 2027 summer season. The 2026 rental rate is increased by the CPIU as of March. That's called out in the existing agreement between the city and the chamber. They will increase the annual rent from 180,000 to 185,900. To continue beyond 2027, we go through the same process by May of each year. I can answer any questions that you may have. Thank you. Motion to approve. Motion by Mr. Smith. I'll second. Seconded by Mr. Goldhammer. Further discussion? Uh one of the things I did want to point out is because I forgot to do it during public comment is that they will be off the floor by the time our first Corn Palace artist is here and festival is here. And Andy Grammer is that artist if you haven't heard or seen that announcement, so pretty excited for that. Tickets are on sale now. That was a great segue. Okay. 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 Tornado Safe Room Project 2023-33, rebid number two, Mr. Schrader. Yep, Mr. Mayor, Council. Bids were opened on April 28th in City Hall Council Chambers at 1:30. Um the bid was had a few alternates. I'll go through those quick. Um the base bid was the unit that we've discussed

before, but with block walls was was how the project's base bid was was done. Alternate number one was to remove asphalt surfacing and add concrete surfacing um outside of the the structure. Alternate number two was to remove seating and be done by the city. Alternate 3.1, change the exterior block walls to port and place concrete walls. 3.2, add cast in place brick pattern to the exterior walls. 3.3 was to add a wood siding pattern to the exterior walls. 3.4 was to add color to the port and place. Alternate number four was to change the interior block walls to port and place walls. Alternate number five was to surface mount the electric the electrical components. And alternates 6.1, 6.2, and 6.3 was for a precast alternate. Um the bids and bid tab are attached for your convenience. Um what staff worked through for an awarded um contract would be with C Eagle Construction uh for the base bid, alternate two, which is removing the seating. Alternate 3.1, changing block walls to port and place. 3.4, adding color. Four, alternate four, changing the interior block walls to port and place. And alternate five, uh surface mount the electrical components. Um that total cost is 774,131 dollars and 67 cents. Um we do have a budget breakdown below. Um with the original grant agreement, the city was responsible for 87,445 dollars, uh which puts the project over budget by 13 and 1/2 percent uh for what we're recommending to award. There were dollars put aside um within the supplemental budget process

for this um to be covered within um set aside funds. Um so, with that, we are approving the award or recommending approval of the award, and I can answer any questions you have. Does that answer everyone's questions? And Joe, maybe just to reiterate to this bid is below what the last bid was that council considered. So, we're basically saving 100,000 going to port concrete and surface mount, right? Right. [snorts]

So, where's the extra funds coming from that's set So, we had set aside a transfer of 110,000 dollars from general fund to campground fund if needed. The rest is coming out of park fund reserves that they had available from unspent previous budget money. So, if they don't use, I mean, 200,000 dollar contingency is pretty high. Um I think it's unless we find something crazy that happens, um there should be funds left over and we shouldn't have to do that transfer out of general fund into the campground fund. But this was approved during the supplemental budget hearing, so it's there and available if council moves forward with the project.

[clears throat]

And we're still within the grant window. Correct. If once this is if this is approved, we would immediately ask for a grant extension of one year. So, it'll happen next year, the project. I I think it since we're going port and place, I think it's a good possibility that they could start as soon as they wanted. Um so, before we were going to wait we were waiting for the cast in place panels. Now, they could if they're ready, they could set up and pour, which we haven't reached out to them for scheduling uh [clears throat] yet, but we need to we need to get that sorted out with them. Okay. Then, one other thing, obviously, there's massive amount of water use on some of this. Are we going to be taking a new sewer line all the way out or is that an unknown yet? It's still unknown. We know that we know that the current building is being served. Um it's just once we get in we and with there are dollars set aside to make that connection. It would just be if we have to move further, that could be an increase cost. All right. Saving money compared to the original. Yeah, so as a I think as an individual that was advocating this project last time, and I appreciate what Joe and your team has done to come back with uh a better number, of course, and still get the facility that I believe that we need for not just out there for, but for our citizens of of Mitchell and the community. Um I'm in favor of recommending and make a motion to approve the staff recommendation uh the project to C Eagle Construction with the alternatives. Motion to approve by Mr. Brenton. Second. Seconded by Mr. Goldhammer. Further discussion? Would anyone in the audience like to discuss this? Okay. All those in favor of the motion,

say aye. Aye. Opposed, same sign. Motion carries. Action to award bid for 13th Avenue Reconstruction Project 2025-08, Mr. Schrader. Yep, Mr. Mayor, Council. Uh is my computer moving too here? Uh bids were opened on April 22nd in City Hall Council Chambers. Eight bids were received with the low bid being from Henning Excavating Inc. for 1,323,507 dollars and 71 cents. Uh the bid tabulation is attached for your information. Uh Jordan Brandon, a professional engineer, professional engineer with McElroy Engineering, has reviewed the bids to ensure they are complete and correct. Recommends awarding the bid to Henning Excavating. Uh this project is being funded through a state revolving fund or an SRF funding package. The project is approximately 16% under budget. Um there was one budget that came over. Our water budget was over by 50,000, but everything else was under. Um staff does recommend awarding the project to Henning Excavating, and it shall be contingent on DENR approval. And I can answer any questions you have. Thank you. Move to approve. Looks like we have a lot of bidders. Second. Motion made by Mr. McCurdy, second by Mr. Goldhammer. Further discussion? Would anyone in the audience like to come again? Uh overall, we were 16% under. Nice. Yeah. Would anyone in the audience like to discuss this? All those in favor of the motion, say aye. Aye. Opposed, same sign. Motion [clears throat] carries. Amendment number one to agreement 82025-09, 13th and Wisconsin reconstruction with McClary Engineering, project 2025-08. Mr. Schrader. Yep, Mr. Mayor and Council. Uh Council approved the design engineering services with McClary for this project on January 21st of 2025. Amendment number one approved services, which were completed to prepare the SRF facility plan and the

funding application, and adds construction phase services to the contract. McClary Engineering will provide construction administration, inspection, material acceptance and testing, and construction staking for the project. Staff recommends approval of amendment number one with McClary Engineering as described above and an hourly rate not to exceed fee of $187,900. Um and it follows the same um funding that was described in the previous item. I can answer any questions you have. Thank you. Move to approve. Motion made by Mr. Goldhammer.

Second. Second by Mr. Barrington. 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 approve agreement 82026-34, wastewater south plant water main extension project 2026-41 with the other names shown in the agenda. Mr. Schrader. Yep, Mr. Mayor and Council. Permanent easement agreements were necessary for the installation of water main to the southwest water treatment facility. Um the attached easements are included in your packet uh along with the location map, which is up on the screen now. Um the owners are Jim River Ridge Farms LLP and JD Realty LLC. And the staff does recommend council approval and authorize the mayor to sign. Uh and I can answer any questions you have. Thank you. Move to approve. Motion made by Mr. Goldhammer. Second by Mr. McCurdy. 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 approve Action approve resolution R2026-24, petition to of exclusion of territory from municipality of Mitchell, South Dakota. Mr. Johnson.

[cough]

All right, I think this might be the first one of these we've had since I've been here, but um as you can see, the city received a petition uh for the exclusion of this territory from the city of Mitchell. Uh Stephanie has the map up on screen for you right now. You can see that it's uh just north of Havens Avenue on the east end of uh Wild Oak Wild Oak Golf Course there. Um essentially I believe the initial plan for that area, there was going to be a home in this location, which is why it was included in the city of Mitchell. Um at this time, uh it's my understanding that the applicant intends to use that area for golf course purposes now. Um and as you can see and as the council is aware, the rest of the golf course uh has been previously well, it it's never been incorporated into the city, so that's currently outside of city limits. So, the applicant's request is to remove this lot so that it's consistent with the rest of the golf course. It's a green already. They made it a green, so I'll make a move motion to approve. Second. Approve. Motion made by Mr. McCurdy, second by Mr. Sievers. 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 approve resolution R2026-20, resolution giving approval to certain sewer facility improvements as shown in the agenda. Ms. Owen. Mayor and Council, this resolution that's included in the packet will authorize um the loan with the state revolving fund, the SRF loan, that the City Council has already authorized for the 13th Avenue reconstruction project. The debt for the project is paid for by

a surcharge of $1.45 per user per month. That surcharge is then seg- segregated into a separate fund and held for the debt repayment. The resolution is required for the financing of the project, and without that financing, the city would be required to pay for the just over $2 million project of wastewater improvements from the sewer fund for that project. Um staff recommends approval of the resolution. It was pre- provided and prepared by bond counsel. Move to approve the resolution. Motion made by Mr. Barrington. Second. Second by Mr. Severson. 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 approve resolution R2026-21, a resolution amending the 2026 sewer rates to implement the surcharge for CW17. Ms. Owen. Mayor and Council, this enclosed resolution implements the surcharge that was just discussed in the last resolution. We are not increasing the rates that are shown on the um board here for the resolution. It's really just adding the additional surcharge for CW17. So, we're not increasing the rates. We already anticipated this debt when we originally set the rates, so this will be segregated out and set aside for the debt repayment on the last resolution. I can answer any other questions that you may have. Thank you. Move to approve. Motion made by Mr. McCurdy. Second. Second by Mr. Rathkey. 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 approve resolution R2026-22, plat of lots one and two of square nine, Weaver squares. Mr. Jenigas. Mr. Mayor and Council, Planning Commission

recommended approval of this unanimously. Um the lot was one uh parcel before just as half a block. Applicant is parceling it off into two lots. Uh both meet zoning requirements uh for lot size, lot width. It's for a future project uh with the city. I can answer any questions that you have. Thank you. Move to approve. Motion made by Mr. Goldhammer. Aye. Second by Mr. Rathkey. 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 approve resolution R2026-23 as shown in the agenda. Mr. Jenigas. Mr. Mayor and Council, Planning Commission recommended uh in favor of this unanimously. Um this is outside city limits, outside the ETJ, but it's within 3 miles of city limits, so the city has to hear this as well. Um applicants are just doing some estate planning and dividing up their land into three different parcels. Um county has heard this already, I believe, and approved it. I can answer any questions that you have. Move to approve. Second. Motion made by Mr. McCurdy, second by Mr. Barrington. 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 authorize proceeding with the Corn Palace dome flag pole replacement project funded out of Corn Palace reserves. So, I'll start with this one. I've had a lot of people ask me about getting a flag on the Corn Palace. Uh the the main dome was like the number one concern. So, I had the engineering department go out and give me some bids, and they said if we're going to take down if we're going to put a crane up there to put one up there, we should at least look at bidding all of them and just knock it all out at once. So, that is what these numbers are from. And then if you would like numbers, Mr. Schrader will go into them. There is not one on the top right now. So, originally, I don't know. I've heard like several stories why it broke. Uh there used to be one up there, maybe the donut was too tight, and it was flopping

around in the wind up there, and it either cut the rope or it broke the pole. It just wasn't safe, so the pole was taken down, so there's no flag pole on the very top of the Corn Palace right now. There's other ones on the There's the big dome in the middle, and then the two smaller ones on the outsides. The one that doesn't have like the ball on top, and then the rope doesn't work, and then the other rope doesn't work either. I I know it's very expensive. I was not expecting this. I told Joe to make it under $1,000. We didn't quite hit that number, but [laughter] What what's the cost? 60 grand with contingency. Yep, correct. Oh, okay. Thank you. [laughter]

Okay, so here here's the picture. Yeah, can you go back to the other one? Uh actually, [clears throat] that one's good. Can you zoom in where where that pole goes through? So, you can see that tiny little square that the pole goes through, and when there's a flag up there, it it that that flag pole goes around and then either cuts the rope or it physically damages the pole itself. So, that's a smaller one. So, the other flag pole is much higher, and it takes a little bit more of a beating. So, that's why it was removed from what I've heard. Does that sound correct? Correct. And if this is approved, uh we will have the original designer of the domes review uh these revisions to make sure we're not hurting the structure at all. We're not compromising anything. Well, $60,000 we could put a few flags in the courtyard alongside or something. We don't need to spend $60,000. Uh

[laughter] Stephanie, could you pull up a picture of the Corn Palace itself for me? No. Let's see how I do. Should be able Just the front of the building. Give it a Google. [laughter]

Cuz one of the things that as I looked at this project or thought about it, I certainly would love to get a American flag back on the top of the Corn Palace, but one of the things that I would think about doing instead of cutting into the domes would be to put a flag on either side of the domes or both sides. Um there's already currently two poles that are there. Um and so I think that we could find flags that would match or you can be acceptable to the size of the domes. So, I'm talking about the two structures that are already there and we could I think that that would be hopefully less money um than cutting into the domes and risking um any kind of structural damage to the domes themselves. And we did just replace all the dome flags, the the little triangle ones if you haven't seen them. Yes, red, white, and blue. Very cool.

Yes. You talk about, right? Between the big dome The red, white, and blue ones that you're talking about. Yes, that I think that those that pole and then the one to the left would be great places. I think one place one could be American flag and one could be the South Dakota state flag um would be my suggestion, but two American flags would certainly do for me as well. I think they'd stick out a lot better there. Well, I'm I'm definitely in favor of something up there. You know, I mean it if you look back when the leadership Mitchell people were presenting them, Mike actually pointed out to them. If you looked at the previous Corn Palaces, um there was one that had like 30 flags on it, uh 30 American flags and everyone really since really current time there's always been multiple American flags on top of the Corn Palace. So, I'm not necessarily saying it's got to be what's we're currently proposing, but we definitely have to get a flag up on our iconic structure uh back above it and top of it again. So, I'm open to other suggestions also if it whatever works. So, we just need something up there. Dave, it wouldn't be hard to just put two American flags up on the sides, would it? Uh my pretending an 80° dome. Well, Mike's concern would be but I do get I do that is a question we often do get is will we put it up uh whether that's from like the VFW or the Legion. I think there's some opportunity there too to work with some groups if we explore this a little further uh like the Exchange Club um like the Legion or the VFW who may also be able to help us in some way, shape, or form um with with what it is. That was the mayor is correct. That's always been my understanding too is that uh because the small square inside the dome was too small uh under high wind that it degraded the pole itself and the reason it was

stopped was that um it was they were worried that with a flag a big flag on the end of it, it would eventually wear through and perhaps cause more damage. So, um we are certainly in favor of continuing to uh add that patriotic touch to the top of the domes. So, Mike's concern then going back to engineering concept is obviously right now the flags that are waving up there, the red, white, red, and blue ones. What size did you The little ones? The triangles we just put in? Yeah. They're actually pretty big. I mean, they're they're 2 or 3 ft 3 ft probably. So, I'm assuming we're talking of a much bigger American flag than the 2 or 3 ft if we're going to put one above there. I mean, let's let's make the flag wave. As in is there is those poles structured enough to handle that? Once again, it's all engineering thing. I think that'd be part of my concern if they can handle a very large flag, too. I'm assuming what we have presented here at $60,000, those poles were engineered to handle a very large flag of some size. So, I think it was labeled someplace if I remember seeing it, but You're talking if we did put a 70-ft pole in there. Correct. Okay. Yeah. Yeah, the current I don't know if we're waving a 3x5 up there is where I'm getting at. Yeah, the current poles

we're putting a big one up there. 50-ft poles and 170-ft pole there.

Yeah. And then removing and doing the correction inside of the domes. So, so what I thought it was Well, there's there's a break out. What size of flag were we looking at waving from the 50s and 70s? I thought it was in there somewhere maybe I The large pole would be a 10x15. There you go. Thank you. Is that in the dome? Is that the one when you're talking about in there? Yes, so yeah, all three of them are through the inside of the dome. And another another thing to consider for the inside of the dome modifications is uh to give room for um Dave's crew to work cuz right now the flag gets hung up in that little square um and then they got to get a ladder up in there, I believe um which I know they've discussed safety concerns as far as getting that through there and and having to to access that point. Yeah, my biggest thing is I mean, we don't need to be a Prostar motor size flag, whatever that might be, but just something of some size that makes it presentable as it's on top of the Corn Palace. And I guess another reason why this is on the agenda is this is not a budgeted item. So, if council wants us to move forward with that, you need to give direction to do so. It would come out of Corn Palace reserves. The funding of it would have to come out of Corn Palace reserves. What do you think of What about Tim's idea? That'd be a probably what was expensive, huh? We wouldn't be cutting into the structure of them domes. I'm sure those domes are expensive, huh? One time. I don't know if you have to put all them poles on there. Yeah, would would it be possible to get pricing structure put together for our next meeting?

[laughter]

Possibly. Um we reached out to the the firm that did the domes originally um and I think they were roughly 2 weeks out um from getting us a return answer um on if that structure would work, but if that's something you want us to look at, uh we could bring it back when it's ready. Um excuse me, Tim, are you asking for the cost of the alternate proposal or the existing proposal? Yeah, if it would be possible to get pricing on and what the load bearing of the two poles would be for outside of the domes and having flags on either side of the main dome as a part of what we're doing. Joe, the two poles that are up there in them small domes, um is part of their structure being inside the dome or could they could they get moved to the outside but they'd still be supported? Or is that going through that little square part of their uh stability? The their original review, they thought that the modification to the dome wouldn't be an issue, um but we want them to check that so that way if something goes wrong, then we have someone's stamp on it that says we approved the change. I was talking about if you move them two out to where Tim was talking.

These are I don't know. The two poles [clears throat]

We'd have to have them review it. So, what do we want to table up to the next till we get more information or I'm I'm up for anything. Temporarily, can we put American flags, smaller ones, on them two poles that Tim was talking about? Dave? We'd have to check to see if there were load rating on those poles. Like the flags on them are already. I know. Yeah, if we match that size, it'd be fine. But if we wanted to go larger, then it could be an issue. Yes. I think that north one I watched it first Friday. It moves enough around, it's probably hitting the the cage, isn't it? That's why the big one had to get taken down. Look at it if you watch it. Or maybe it was too many bearings.

[clears throat]

But yeah, that's the bidding close make the cage bigger. Well, I'm going to move to table. Motion [clears throat] to table. Can be provided, right? And the information you're looking for is altered domes. altered domes. alternatives. alternatives. We will explore alternatives. Okay, we are motion to table. We have a second. I'll second. Motion is So, you can come on up. Great Cheryl, taxpayer homeowner, and a 20-year military vet. So, after having seen this on the agenda this morning, when I was reading it online, I went down to the Veterans Park and took a walk. And the Garden Club did it right. So, rather than and this is just my opinion, rather than making the flag the symbol of our freedom just a spot of color on top of the Corn Palace. Let's go out into the Corn Palace Plaza, install a proper flag pole just like the one down at the Veterans Park. In my time in service, the area around the flag pole is hallowed ground. So, the idea of them being and I did look I Googled Google AI. The Corn Palace roof is 68 ft above the ground approximately and the tops of the domes are over 100 ft. You would have to have a Prostar flag to be able to see how many stars there are, how many stripes, or it's just a spot of color and I would not like to see my flag be a decor item on the front of the Corn Palace. It needs to mean something. We honor the veterans at Veterans Park.

The other piece of it is instead instead of trying to be the Walt Disney Splash Park, has anybody talked to Bradley's about having a bunch of screaming kids soaking wet running to their bathrooms to change clothes? Do something that honors the farmers, which is part of what the Corn Palace was originally built to do was honor the farmers. Honor the fact that they are helping defend our nation by making us self-sufficient. Honor them. Much like leadership Mitchell was talking about with their history boards, do something similar in the plaza that honors our farmers. And then give the American flag its proper place of honor and not just a piece of decoration. So, Stephanie did bring up a picture. We do have flags. I think that what is there? The state flag, the United States flag right behind the plaza stage, so you can see that when it's there. I'm not sure if you knew that, but But it's just it's the the difference between what the Garden Club came up with in the Veterans Park versus what this proposal does. To me, it's going to get lost amongst those and they are patriotic pennants that they just hung. It gets lost. It's It deserves its own place. Can you pull up the Veterans Park up just to I'm sorry. Okay, I have an idea, but I drive by and don't pay attention. And yeah, there's three right now. Having been a lineman for a few years, these guys having to go out when it's 30 below onto the roof trying to repair a flag, I'm not sure they'd do it standing on the ground.

You talked about something like that. Yes. It's our 250th anniversary. That's why people have been asking me to put one on top. My opinion. Stephanie, can you bring the one up on the plaza and blow it up a little bit? I'll bet that is. I'm down Main Street here. Yeah, you're struggling with the zoom in. All right, that one backwards. I can't make it bigger on the screen. I can find another one, can't I? Okay. Anyway, so we have a a motion to table so we can explore more options. Does anyone else have anything they just want to talk about this before we move on? Okay, all those in favor of the motion say aye. Aye. Opposed, same sign. Motion carries. Second reading on ordinance O-2026-05 repealing Mitchell City Code Section 431 in regarding indoor amusement licenses, Mr. Johnson. All right. Um as the mayor said, second reading. Uh nothing has changed since first reading on this one. Um again, the overall concept here would just be repealing that section regarding the indoor amusement licenses. Um specifically that language. Oh, pulled up the wrong item. Uh that language currently sta- states no person shall conduct or operate any opera house, theater, or moving picture show without securing a license therefore. License fee shall be established from time to time by resolution of council. It's just repealing that section so that we don't have to any licensure for that um those indoor amusements anymore. Can answer any questions.

Thank you. I move to place on second reading. Motion made by Mr. Smith. This is second This is second reading, is it? Yes, this is second reading. You said to place on second reading. Or second reading. Okay. Yes. Okay, motion made by Mr. Smith. I'm already second. Oh, I'm already seconding it. I didn't hear that. I'm sorry. Okay, second made by Mr. Barrington. Further discussion? Anyone in the audience like to discuss this? Okay, all those in favor of the motion say aye. Aye. Aye. Opposed, same sign. Motion carries. Motion to adopt ordinance O-2026. Move to adopt. Motion made by Mr. Meyer. Goldammer? Second. Seconded by Mr. Barrington. Anyone in the audience like to discuss this? Okay, roll call. Barrington. Aye. Bathke. Aye. Smith.

Aye. Sabers. Aye. Goldammer. Aye. Dosch. Aye. McCardle. Aye. Motion carries. Second [snorts] reading on ordinance O-2026-06 modifying the method of electing officers in the City Council, Mr. Johnson. Again, this is second reading on this item. No uh changes have occurred since the first reading. Um if you recall from last time, uh this would be amending the procedure that was previously adopted uh for the election of council officers. Uh when initially established, uh the tiebreaker procedure involved uh using a a coin flip to narrow down that candidate field. This ordinance would change that to having the chair select um either the candidate that's removed or the candidate that uh wins the final vote. Um and I think with that, we can open it up to questions. Well, I'm going to start off some additional discussion. I was not at the last meeting and I was part of that. Would you have again two-headed coin over there? No. Right, Doc? Something like that. Uh and obviously at that time, we didn't have a rule in place and we we made up something that sounds like um a lot of other municipalities might do something of similar nature. Um might be rock, paper, scissors, whatever else may be, but it sounds like this is something that's sort of protocol that goes along with some of the municipalities that have ties every once in a while. The other thing that I want to bring forward is as I've been sitting here for 20 years, it is the first tie that has happened in 20 years and um that year with Doc and myself or Mr. McCardle and myself and I just feel that getting a little bit deeper into the rule and where I think we're sort of over-inventing the wheel is what I'm trying to get at. Uh my last concern I have with it is the

chairperson. I'm assuming that would be the mayor at that time. Um at this time when it did happen, Mr. Mayor, you just came into an election. Um Mr. McCardle and myself have been sitting here for quite some time. The majority of the council was and 'tis the reason why the vote was at a 4-4. Having [clears throat] the person or the mayor at that time who would have been a new election again making a decision for really two individuals that you really don't know or the council people as the president and vice president. Um you're making a determination of and rather than what you probably should be flipping your own coin uh because it'd be tough for you to make a decision on a couple items that you're not aware of unlike some of the other council that have been sitting here for some time. So, I personally think the coin flip that we had in place is just fine. Um I don't think there's another really way to get it because if you do the current president and my Mr. McCardle and myself, obviously the choice would be there. So, I'm currently in favor of the rule that we had in place and I won't be supporting this night just because of the fact of um who we other [clears throat] situations that you mentioned those those things. So, Yeah, so I'll just address one comment. So, you said like I may not have known I did sit in the audience for 5 years and was elected to make decisions on behalf of the people. That's why I'm asking for, you know, I'm allowed to break ties on and some other stuff, but I did have some prepared remarks so you guys can understand kind of where I'm going. So, having a lot of experience and reflection, the coin flipping in my opinion was not the best idea for this ordinance. There was a tie to become who's council president and this the City Council is unable to make that decision. I believe that the mayor should have that decision just like all other ties, not all other ties, but other ordinance ties can be broken by the mayor's vote. If the council cannot make a decision, the mayor should have the option and the opportunity to choose who he would best accurately and fairly represent them both in public and private when the mayor is gone. This is why I believe that in the case of a tie, the mayor should be the one who breaks the tie. The decision should not be left up to the chance of a coin toss. The city duly elects the mayor to make these decisions in this community to break other ties and this should be no different. This is why I respectfully ask you to

vote yes for this measure, not only for me, but all future mayors, future council, and the citizens in the future. Because the working relationship between the council president and the mayor is far too important to be left up for chance. We don't flip a coin to to break any other ties. This should be no different. [clears throat]

I have the coin hanging in my office still. That's why I think about this free coin. Yeah. I think we all remember that night uh very vividly and I I remember we were stuck and uh and Mr. Laurenson from the chamber came up and said that he's had quite a little experience out in Pierre and believe it or not, this is the protocol that most of them have for that mere fact of not putting it on the chair and uh and in reality, um it it might be a little primitive, but I think it worked just fine. I think it worked real good. So, as the mayor of the coin

[laughter]

As you said, Mr. Mayor, you were watching for quite a few years and I thank you for doing that and I respect that. Um as I've been looking at here for 20 years and the the several mayors that I've been working under um and most of them were always heavily involved. There's no doubt about it, but they weren't always sitting there for 5 years. I just I think what we currently have in place is it it will work. That's if the tie ever happens again, like you said, but I'm I'm currently fine with where it's at, so. Well, I'll entertain a motion then. I'll make a motion to approve it. Motion made by Mr. Bathke. I'll second the motion. Seconded by Mr. Goldhammer. Okay, further discussion? Anyone in the audience like to discuss this? Okay, let's do a roll call then. Smith. Nay. Sabers. Nay. Goldhammer. Nay. Doscher. No. McCardle. No. Barrington. No. Bathke. Yes. Motion fails. Hearing again first reading on ordinance O 2026-07 amending Ridgeview on Foster Planned Development District. Mr. Mayor and Council, may I have you pass these out, please? Planning Commission recommended approval of this unanimously. Um there was one letter that I received after our meeting, which is I'm passing it out right now. It's in favor of it. Um I received a couple phone calls from the neighbors or land owners in that area. They are in favor of it as well. Um the name of it when Ridgeview on Foster and um this one were going at the same time, Lakeridge. When it was being codified, they put the wrong name on the wrong one. We don't have Ridgeview on Foster. That is not a Planned Unit Development over by the hospital. That is R3 and R4 zoning, so it got put to the wrong one.

It got put on Lakeridge, so requesting to change that to make this correct. Um Ethan Co-op was going to do a shed for one of the um homeowners out there, and it was going to be 23 and 1/2 ft versus the 22 ft that's in their PUD. And I asked him if they envisioned more coming down the pipeline, and they said they might, so I said, "Well, let's change the PUD then to match what you're going to do in the future instead of doing a variance every single time." So, they agreed to do that, and then I asked them to get rid of the 2 and 1/2 stories just to make it 35 ft instead of 2 and 1/2 stories. Um so, that's where this all came from. I can answer any questions that you have. Thank you. Move to approve. Motion Mr. Goldhammer, seconded by Mr. Bathke. Further discussion? Anyone in the audience like to discuss this? All those in favor All those in favor of the motion, say aye. Aye. Opposed, same sign. Motion carries. Motion made to enter into executive session according to SDCL 1-25-3 consulting with legal counsel counsel on SDCL 19-19-502 lawyer-client communications. So moved. Motion made by Mr. Goldhammer, seconded by Mr. McCardle. Further discussion? All those in favor of the motion, say aye. Aye. Opposed, same sign. We are going into executive session. There will be no action after that.

Mhm.