City Council - Regular Meeting

for the pledge of allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisibley andice for all. Next is invocation by grace reformed. Come on. Okay. Not here. Roll call. Doer here. Mardle here. Bington here. Bathkey here. Chs here. Smith here. Savers. Goldamamp here.

Okay. We have a quorum. Approval of consent agenda items. Items appearing on the consent agenda may be removed by a city council member for discussion at the beginning of the formal agenda items. Would anyone like to remove anything? I'd like to discuss G a little bit. Should we do it right now? Then we do get a motion first. I'll move to approve all but G and set set aside G for later discussion. We'll set aside G. Second. Second by Mr. Bington. Further discussion. Anyone in the audience like to discuss this? Okay. Roll call. Bington. Hi. Basy. Hi. Sharks. Hi. Smith. Hi, Goldhammer. Hi, Doer. Hi, Mardle.

Hi. Okay, motion carries, which excludes G. Uh, notice to city council for Lake View. We should go back to G. That's what I was doing. I was just reading notice to Sorry. Notice uh the city council for Lake View rates of 2026 approved by golf and board. Okay. First I want to address and I know it's a a legal thing probably is the negotiation for the fee structure in executive session. Could you just clarify that? I just don't what my point in I guess is asking I don't see the necessity of it. It's a publicly owned facility and all they're doing is setting rates.

I guess I'm not understanding your question, Mike. They they did this in executive session so that the anybody that was watching online couldn't understand their justification for the pricing. Yeah. I I guess all I'll say on that matter is that they would have the ability to do that in executive session. I'm not going to tell you whether they should or should not, but they have the legal ability to do so. Yes. Yes.

Okay. So then I asked uh Mr. Nelson for some information. And I I just I guess I'm kind of confused. I simply wanted memberships. How many memberships of I mean it's listed right there. Single adults, couples, family, student, college. And I I guess your answer to me was I thought quite confusing. I thought it was pretty straightforward. I just wanted to know the memberships and and since those were already listed on the document for you, Mike, I took it a step further and did the calculations based upon all of the different categories and what that revenue would bring in.

Yeah, but it's not broke down like how many single adult memberships there are. I'm curious how many members we have and if it's actually growing like they say it is. It's not growing exponentially. It's it's growing along in some areas. It's gone up in some areas it's dropped just slightly. But it has grown up gone up just slightly this year. So is there a number though? Yes. But do I have that with me? I do not. Okay. Okay. Then the last thing I want to discuss is and this is probably towards you too, Mr. Nelson. [clears throat]

The last item it says discounts. And I know I have no problem with the veterans discount, the corporate discount I guess, whatever. But if you're on that board, you get a 40% discount. Correct. So, do you give 40% discounts to someone that's on the park and rec board to the rec center? No. So, why do we do it? I know we've approved it in the past and never caught it. That's something the board can develop themselves and they have and I guess that's not up to me to determine. Okay.

Can I provide some history? So, u my understanding is that practice had been happening for quite a few years. Mayor Bob Iverson asked um that each board if they were providing discounts to do so publicly on the record um when they set their fees. So you might not have known it before because I don't know if it was included previously when they were setting fees, but now anyone providing a discount has to do so as part of their the approval process. Um, the reason why council's seeing this is that our city code says that um, the golf board has to notify the city council of the rates and you guys reserve the right to change those if you so choose.

All right. Thank you. I have a question for Kevin. uh with the proposed increase, well not proposed, with the increases that you show, how much additional revenue, if things stayed the same and memberships and rounds played and daily fee players, etc. How much additional income [clears throat] should you generate with these prices? And that was a question I answered for Mr. Bathy today. Just on memberships, it would be $7,000. Overall, across all categories, approximately $45,000. Okay. I didn't see it. You You must have told him individually. How much did expenses go up then?

What was the question projected? I How much are expenses going up? Just so we know what the net Sorry, now I'm just interested. Do you have any idea? I mean, on top of wages, it's it's hard to say what fuel is going to be and what chemicals are going to be next year, but we did projections in the budget that we submitted back in June. Um, I can pull that up if you want. That that was more just curiosity. get me excited on the number. So, okay. Any other questions ready? Make a motion to approve G. Motion to approve G. Micardo, second by Mr. Bington. Further discussion. Anyone in the audience? Okay. Do we do a roll call on this since it's part of that or?

All those bear with the motion say I. I. I.

Oppos same sign. 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 three minutes. Items will be considered, but no action will be taken at this time. Would anyone like to address the council? Mayor Council, I'm Karen Pulley and I'm from the Mitchell Food Pantry and I just came here to tell you the results of our giveaway last week. It was a beautiful day. We couldn't have asked for anything more on November 22nd. The sun was shining and the was just gentle breeze at 55 degrees. Don't get much better than that in November. We had planned to give away 200 meals and then the community decided to give us some more turkeys. So then we planned somewhere some more boxes of food and we got all the way to 261.

Nice.

Now the last few cardinals didn't get everything but most everybody got turkey, a gallon of white milk, and a box of groceries. weighed 33 pounds because it had three pounds of carrots and three pounds of apples and three pounds of onions and five pounds of potatoes and a squash or two and two cans of green beans and a can of mushroom soup and two jars of gravy and two boxes of stuffing and a can of cranberries and a pound of butter and a loaf of white bread and then this is Smith's pie. [laughter] So all of that even at sale prices has a value of $67.38 which is up from last year's 5363. So when we were done and it took us an hour and 7 minutes um there were no cars left and there was no food left. So, we planned it perfectly. [laughter] I I really can't take credit for that, but I'd like to. So, the 261 households that has 309 kids, 384 adults, and 146 seniors. So, that's 837 people who got a Thanksgiving meal. Most of the most of everybody came from Mitchell, but there was also a car or two from Alexandria, Artisian, Corsa, Delmont, Embry, Ethan, Fulton, Lake Andes, Mount Vernon, Olivet, Parks, Salem, Spencer, and Stney. So, it took 27 of us volunteers worked 90 man hours that day to get this job done. So, thanks Mike for helping.

[applause]

Thank you for everything. Did anyone else like to address the council? I saw the I we I saw all of us doing the math. $17,000 worth of food that you gave away that day. Congratulations and thank you so much. That's amazing. But the churches gave the canned food and the turkeys with cards with saber cards. So, um, we spent about $1,000. Wow, that's incredible. But it's [clears throat] [laughter]

I just I just want to make one comment to Karen. I did help, but I also took my 14-year-old son with me. It was quite eye opening for a young man to see that. I mean, it was well machine. The lines just kept moving. And she was It was very interesting. We got to the end and I'm holding one turkey. That's all we had left. And there was one car left. Everybody got one. Okay. Next.

All right. Good evening. Jesse Straoud from the Area Community Theater. Um, uh, since I've been working at the Area Community Theater, I have really been focusing on our middle name, which is community. And so I've got some stuff that I want to talk to everybody about and invite everybody to. Uh this week we are heading writing in right into tech week for Laura Engles Wilder Christmas. Uh it's six productions or six show nights. It's Friday, Saturday, Sunday. That Sunday is a two 2 p.m. matinea. The Friday and Saturday shows are at 7:30. Our first Sunday is completely sold out. The second Sunday is over 75% sold out. So, if you like that Sunday matinea, you better get your tickets from my lady Judy at at the phone tomorrow. Um, some special interesting things on that is that we are going to have a special guest. Uh, Ace Productions from New York, they're going to be coming in and shooting B-roll. Uh, they are doing an upcoming Laura Ingles Wilder documentary. They've already been in Mitchell and shot some stuff when Laura Ingles Wilder Wilder was on the Corn Palace as well as stuff up in Smith. So, they're coming to get some B-roll. Um, and so, uh, we're going to have some extra cool guests in there. Um, also on December 10th for this, we are doing a special free matinea for the students here in the area. Um, it is, uh, over 280 local students will be coming to that show. It's going to be all fifth graders from LBW, Gertie Bell, Longfellow, Mitchell, Christian, and second through sixth graders at St. John Paul 2. Um, it's a $7,000 donation in tickets. Um busing is going to be provided by Plastau and Associates media sanitation and breaktime portables to get all the students to the theater. Um once we are done with that and we are the clear the stage on Tuesday, December 16th, we're going to have Sean Johnson from Tonic Sulfa. He's a he's an Emmy award-winning uh jazz pop star and he bring he's bringing us uh some Christmas

music um for the holidays. Those tickets are $35. Um, and I believe if you go to the Chambers game night on next Tuesday that some of those tickets will be available twins. So, thank you Tim for supporting us there. Um, we also have auditions for Father the Bride coming up December 17th and 18th from 6:30 to 8:30 p.m. We have a ride range of uh uh uh um roles available from adults to teens. No preparation needed. All experiences levels encouraged. Then once we uh get past that and we get to Friday, uh we are going to be hosting 41 Create by Life Quest Free Will holiday concert at uh doors open at 5:30 uh show at 6:30 with a free will pay what you can half handcrafted ornaments uh to benefit us at the theater to help with our ADA improvements. And then December 20th, we are back after 15 years. ACT and Kuanas of Mitchell will be hosting Home for the Holidays variety show with over a dozen local acts and this comes directly from the State Theater, the original home of ACT. Thank you. That's that's my three minutes.

Thank you. Would anyone else like to address the council?

We uh I was asked uh as a part of uh I help with the young professionals group in Mitchell and they're hosting a trivia night uh as Jesse kind of alluded to. Um, next Tuesday evening, the 9th at uh, Bread and Vine, uh, it's a trivia night for it's geared towards the holidays this year. Uh, if you have any young professionals in the area that you would, uh, be interested in attending, it's a fun way to network and meet other people. The hope is that we get them engaged in our community and then get them to stay in our community long term as a part of, uh, life plans for them, I guess, I don't know. So, if you have if you have any questions, feel free to reach out to me. Otherwise, check the chambers page for more information.

Okay. Thank you. Would anyone else like to address the

I would. Yes. Um, so just a reminder that tomorrow night is the parade of lights. So exciting. 51 parade entries and the parade starts at 700 p.m. So, dress warm. But it's going to be really great to see the streets full. If you haven't been to a parade of lights before, um, you don't want to miss it. It's so exciting. Also, tomorrow night, Christmas at the Palace is from 4:30 to 6:30, Santa, music, and goodies. And then on Saturday, um, join us for the 32nd annual Christmas shopping for kids at the Masonic Hall from 900 a.m. to 1:00 p.m. Um, I believe that Liz said that all of the gifts there are $15 and under. And there are people there, I believe, doing wrapping for kids, so kids can go and buy gifts for their parents and family members and um have some help along the way at the Masonic Temple. So, really good things that are happening thanks to Mitchell Main Street and beyond.

Thank you. Mr. Mayor, just hop in quick. I was going to ask Joel how things are coming with our lake studies. If you want to give us maybe a little bit of an update if you would please.

Yep. Uh I can do that. Uh Joe Shrader, public works director. Um we did our kickoff meeting on November 7th uh with Houston Engineering and DNR. Um went over uh the modeling approach and uh the data inputs that Houston is using just to make sure DNR was on board with that. Uh we're having another update uh this Friday which will include a lot more um information involved. DNR will also be included on that call and I'm hoping at that call we're looking at uh what our path forward is um with the conclusion of the study. So more information to come hopefully soon Friday we will know. Okay. Anyone else like to address the council? Okay. Hearing none board of adjustment entertain a motion for the city council to recess and sit as the board of adjustment.

So moved. Second. Hammers. Second by MC Starks. All those in favor of the motion say I. Post same sign. Motion carries. Hearing hearing an action on application of new new LLC conditional use permit. New hope I'm pronouncing it correctly. LLC has applied for conditional use permit for alcohol sales on sale located at 1218 East first legally described as shown on the agenda. Mr. Jennigus.

Mr. Mayor and council planning commission recommended approval of this 40 with three absent. Notices were sent out to the neighbors published in the paper. Um, there were two opposed that made the packet, six in favor that made the packet, and then I'm passing out one letter that did not make the packet that is opposed to this. Um, the applicants are applying for an on sale license at this location. Um, back in 2010, previous owners um, got the gas station approved there, then they tried to change it to Highway Business. They withdrew that application in 2010. Then they applied for neighborhood shopping which is what it's currently zoned which has alcohol uh off sale as a permitted use there. Now they're asking to do the alcohol on sale because in August of 25 that was changed in the zoning ordinance become a conditional use permit. Um this would be the first stage for them to be able to acquire their license. Um they provided um where they would be using this. um for the alcohol license itself, they'd have to provide a boundary, which is going to be the existing um location of the building. They wouldn't do any renovations to the exterior of it. There'd be interior improvements for ingress, egress, and then also um partitioning off the casino area. Um they stated they'd like to have a couple machines in there. They've provided their parking. Um with only a couple machines that would be in there, they'd only need to increase by one parking stall um for our city ordinance. So, they have enough parking for that. During planning commission, it was discussed um parking in the area and also safety with all of the entrances and exits to this. Um we you don't that first and foster just became a four-way stop sign. So that should help with some of the safety there. Um also, First Avenue will get a facelift in I believe next year. So that should look at taking away some of the ingress and egress for being the long stretches that it has. Um, and then deliveries being in the alley instead of off on the street. I can answer any questions that you have. The applicants

are here. You have questions for them as well. Yeah, Mark, I have a couple of questions. [clears throat] What other um gas stations, convenience stores in our community have, this is on sale, right? I I always get them confused, but this is on sale. So, have an on sale liquor license. Is it liquor or just beer in mind? Um I believe they said that they are looking to get a wine license for this location. Um so it would not be a full-fledged bar with liquor at it. It would just be wine for this. Let me just Aquarium retail wine license. Just so it's just wine. Wine and beer. Wine and beer. Okay. So how many other um convenience stores or gas stations in town have that?

I do not know the total number that have it in town. I just know that there's very few that do not have that in town. Michelle might have that information or be able to speak more to it. No, all of the beer licenses are on off sale. So, anybody that has a beer license can be on or off sale. I will tell you that. Okay, that's good. So, that's that's [clears throat] good information. So, currently these guys have only an offsell, right? Correct. So, I listened to just a portion of this. I was in between appointments and so I [clears throat] just listened in a little bit and

they're putting in video lottery. Is that right? So the intention is so that people who are playing video lottery can drink while they're correct. You have to have that provided to have video lottery for state law. Okay. And so is there like one of the concerns that I and if I'm understanding this right, so there won't be a special it won't be walled off or there won't be doors separating this area from the rest of the store?

No, I believe their intention is to wall it off. Um, it'd probably be a better question for the applicants themselves. Actually, if you go down one more page, I believe Stephanie, on that, it can kind of show the how they're trying to set up their building. um where it would be. It' be in the northeast corner of there, but I think it's going to be walled off. But they can answer that better than I can. Okay. Do they want to come up?

I'm Jim Taylor. I represent New LLC and its uh members Terry and Sarah Riy. Terry's here with me. I think Sarah talked last time. She's sitting back there. [laughter] Apparently, somebody got told at home who's supposed to Exactly. Yes. I got the not

uh in answer specifically to your question, and Terry, please chime in as you see fit or correct me if I misstate anything. The uh intention here is to put in a couple of video gaming machines. Video gaming is highly regulated by the South Dakota Gaming Commission. Number one, nobody under 21 can be in a gaming area. And number two, the gaming commission absolutely requires a separate segregated area properly posted to segregate the gaming area from the rest of the retail trade in the business. And is [clears throat] the beer and wine license also a requirement?

Well, actually, yeah, that's kind of a chicken and an egg question. I'm glad you brought that up because when you were asking about it, that immediately went through my mind. You have to have an onale license to get a video gaming license. So whether or not these folks want to sell beer or wine on an on sale basis, they still have to have that license in order to have the video gaming machines. So [clears throat] I was surprised to hear that they didn't already have an onoff license. Why Why is it only an offsell? Cor has it always has Aries always been an offsell only? We purchased it that way.

Okay. Okay. So, this would be a whole new thing that you'd be adding new venture if you would.

So, I mean I you know, one of the things that I keep hearing from people in the area is the concern that this was voted down previously. Can you tell me about that? When was that? And can you give me any historical context of that? That was over 10 years ago with different individuals and uh all I can tell you is that the riots bought the business, new LLC bought the property in the business over 12 years ago, have been operating it since. And as far as I'm aware, there have been absolutely no problems with it. And uh those of you who are familiar with the retail petroleum and the convenience store business will know that the margins in the business are about that big. And that tends to be almost any retail business these days. But this becomes part of the business mix, a service to provide the neighborhood and the folks who are stopping in and will also quite candidly provide another area of service for customers that will provide hopefully yet maybe a little more but still some margin for the operation of the business. So, that's where we're at. And, uh, as Mark pointed out to you, uh, I thought about your question today about how many other gas stations and convenience stores have, uh, gaming operations in them, and quite candidly, just thinking quickly about two hours ago, I couldn't come up with any who don't. So, this is a perfectly normal part of the gasoline and convenience business. the places that have on them.

Yep. These are all the malt beverage um licenses in Mitchell. And these are all on off sale. But they aren't all they are they don't all have video lottery or video they don't all have what what do you call it? Gambling whatever machines right these correct that is licensed through the state. Okay. Well, there I see one that doesn't. The Corn Pallet Shrine Club of which I'm a member. We don't have any. [laughter]

Oh, yeah. In Walgreens. I'm just looking at the list as we talk. And I don't think the community theater, Mr. Shroud, has any gaming machines added. So, this is probably a I don't know if it's a question for you, Jim, or so if if they build this and it's approved and they build this wall and stuff, can it only be consumed in that boundary of that room or can they sit it like you guys have coffee tables, can they sit there and drink it, too? No. Okay. Oh, you can. Okay. that

so it would be if this were to be approved then they go to get their lick or their their license and they have to state their boundary of what that will be. They can say that it's going to be just in that walled off room or they can say it's the building footprint itself. Okay.

Yeah. I just and that's something you folks can consider in your conditional use permit if you uh because the application we've made is for license premises that encompass the footprint of the building. That's the whole purpose that we talked about in having this done in a conditional use permit fashion when we were discussing changing the zoning regulation in the first place was it gives you the opportunity to add such additional reasonable conditions as are necessary. So, if that's one, liquor is only served inside the little gaming area. Liquor, wine and beer are only served inside the little gaming area. That's up to you folks. And for council's information on that, too. Um, as of this point, I don't believe that they have um an onoff sale license. They'd be acquiring one at a later date.

That's correct. So, as part of that, you know, application or transfer process, you'd be approving their actual boundary map at that point. What you're approving tonight would just be the conditional use for them to be able to do it at all. And then once that's approved, they'd be able to move ahead with acquiring the license. Okay. So, I'm glad you say that. So, let's just use uh West Cubbies for example. Do they have to have it in that room? I I don't know how their map is orientated right now, but that's something that they would I just want to stay consistent,

right? And that's a good question, Mike. I I don't recall how all the other gas stations do it. You know, there's the West Cubbies, there's Quickfill, Team Sinclair, you know, all the team hostas all have casinos in them. And I can't say the times I've been in gas station, I seen somebody walk around the beer, but I don't know where I don't really know where the the licenses govern it. I'm assuming it's in the casino areas, but once again, as soon as we assume, we're going to be wrong. So, I think that's something that would be nice to get brought back to council to stay consistent on Yeah, I agree that we don't want somebody sitting at the coffee table and having a beer and we got kids ruming over from the from our park. Yeah, I'm sure we we could provide comparisons when that license transfer comes back in.

And Justin makes a really good point. This whole thing is a chicken and an egg process with these licenses. We can't get a gaming license without the on sale license, but we can't get the on sale license without the conditional use permit. So somewhere along the line, one of the dominoes has to fall. And at that time, right now, we let entities set up their own boundaries, how they want to run their business within their legal description of the property they own. Correct. that's how it's currently set up that they would be able to draw their own map

at this point. Yes, they provide their own map. Um but those are subject to council approval. Um if for some reason council did not approve them, they could, you know, pause a transfer or require them to edit them if there were concerns.

Jim, I was going to ask um it looks like there's a a door that's going to be basically right hooked into the to the casino. Is that accessible to the outside that I'm assuming? Is it or am I looking at that wrong? If you want to just go down just a little there is an outside exit that goes out that way when we're playing. Okay. So you can enter and exit without going through the casino. Can you show up a little bit more, Stephanie? That so the door on the top right is that where you're asking. Okay. Yeah. Yep. Yep. So that would be [laughter] correct. Yes. Up is north. Yeah.

Okay. And we have to have ample exits to meet uniform life safety code and all that sort of thing. Anyway, so I might add also that uh as as Mark pointed out with the changes in the four-way stop, the reworking of First Avenue, that's uh when's that coming along? Year two. uh currently timeline of 2027 would be the project.

Yeah. A year or so from now. We also know with the substantial changes across the street to the south with redevelopment there. Let's face it, this area is changing. That's inevitable. And as was discussed at the planning commission meeting, you know, 21st century modern zoning practice really considers a lot of mixed use areas. residential and light commercial, the coffee shop, the bakery, the convenience store, a place to get a beer for that matter, even though that's not the primary focus of this of this application, but uh the zoning commission particularly commented, you know, a mixeduse development across the street there might be the perfect place for it. And looking forward to the north with the development across from the hospital. There's new residential property some distance away. The point that I'm making is things are changing here. It's an opportune time to have this business change as well.

Any other questions for us? One more. Jim, the uh lottery license is issued by the state state gaming commission. Yes.

Okay. So, I mean, they're not here to ask our approval, just the conditional use [laughter] issue. Having handled a few of these before, I can tell you that when you make an application for the state gaming commission, uh, first of all, they're going to go through Riyalt's files with a fine tooth comb and make sure that they're appropriate people to have licensed gaming. That's a very thorough examination. And secondly, you also have to acknowledge and provide proof that you meet all the appropriate zoning, permitting, alcohol licensing. All of those requirements have to be met before a gaming commission license a library issue.

And the number of machines I thought I saw somewhere there was three and now we're talking two. I don't think it's that concerning but it what's max you're looking at right now? We we're again we don't know. I mean we have an idea of what we want to do. Um we have very preliminary talked to a couple of vendors and stuff like that. that again. We're not putting cards for horses here. Um I I don't know where we'd be able to put more than three, four, you know, I I don't know that we would have any more space than that. Again, I think the maximum is 10 per license, right? That's correct. Yeah, 10 per license. So, no more than 10 for sure. Yeah, but space one provides for that.

Yeah, the maximum is 10. And just given the available space with your retail floor and everything else, not going to be anywhere near 10. two or three, three or four. We're still going to be a gas station convenience store that happens to have this. We don't want to be a bar. We don't want to be a casino. The the neighborhood is changing. We want

Sorry. We don't want to be a bar. We don't want to be a casino. We the neighborhood is changing. We want to change with it. I mean, this is something that gets us through now because again, the community in the area is changing. We have so I I would love to have that neighborhood like have a store where you don't have to drive across town for anything. It's there available for you. We want to be that in that neighborhood between here and there. How do we get there? Everybody else is doing this and I hate to say that it's the only way but it it makes sense. So can I um that was one of the other questions. I think it was asked at the pling commission, but um you don't you won't have someone like

bartending or like going around and saying, "Can I get do you want a beer or anything?" You they it's something that they go and buy at the front and take back into that room or whatever. Okay. I just want I want to clarify that.

Yeah. I'm um you know, I'm a very conservative girl right here, but I also believe in fairness and I I'm like you, Jim. I can't think of very many if any gas stations off the top of my head that don't have this. And um I have a hard time saying no when we when the community has said yes to everyone else. And I feel like I guess I feel like it's um fair. The fair thing is to be supportive of this. So I'll be supporting this. And this may get a little bit esoteric, but in regard to both your question about fairness and what Terry just said about, you know, changing community in a development, people might not agree with this, but in reality, what Aries at First and Foster and new LLC has been doing for years is what modern zoning applications are doing across the country. And it's really a return to the retail neighborhood retail business that we used to see in Mitchell in a number of locations and we're seeing more and more of in larger and more populated areas. So this is really a movement into the future using old ideas that we moved away from in the 1950s,60s and 70s. So, we're we're going back to neighborhood [clears throat] business.

All right. I think I thought of a gas station that doesn't have one. I think Highland. No, I think they do. I don't know. You You never really notice them because they're always tucked off in the back. You know, you ever accidentally walk in one like, "Oh, all right. Well, I'm looking for a motion if someone's ready." I'll move to approve. Okay. Motion by Mr. Goldhammer. What about people against But we're going to get a couple motions, see if they're in favor, and then audience can come up. Okay, we got a second by Mr. Smith. Any further discussion from the council before we allow the audience to come up? Okay, anyone in the audience like to come up?

Mr. Mayor, council, my name is Martin. I live uh Kitty Corner from Aries and I've been there for over 40 years. Uh, first off, I'd like to thank you all for the cleanup across the street. What a nice view that is. Uh, and I and we're all looking forward to new homes and and uh new neighbors across the street. We really are. uh 15 years ago we were here uh for this same thing and uh we showed this graph with the people who have license or uh businesses with alcohol and lottery in it. Well, I can name you a couple of them that don't have license or a video lottery and are they in neighborhood shopping areas? Are they zone neighboring shopping or are they zoned something else? This corner is the own neighborhood shopping. Now, I believe I think Mark said when I talked to him and at the planning committee that in August that was changed from off sale to on sale. Am I correct?

Correct. And that was brought by Jordan's suggestion. Yes.

Why did you suggest to change it from off sale to on sale for citywide and nobody got to vote on it? just to give people an opportunity. Okay. I mean, they still have to come before council and do what you're doing and everyone, you know, I mean, just just opportunity. Okay. Well, you know, we talk about changes. The neighborhood hasn't really changed. I mean, we took out homes and I thought the idea of the city spending a million dollars was to create more homes. Uh, so basically, the neighborhood hasn't changed. It's not growing. Uh, and that's zoned residential across the street. So, there is no something else going to go in across the street unless somebody comes in and changes the whole zoning again, which is going to have to go before the public. Am I correct? So, even if it does go to homes, these people have no say about what's going in across the street because they haven't got there yet. They haven't bought it. They haven't moved in, they haven't built. So, I'm not against uh businesses selling a service. And does he sell a service? But is uh on sale liquor and gambling really a service? I mean, we all know they're both I'm not a tea total, believe me. Uh we all know gambling and alcohol is an addiction. And I don't believe uh opening a lottery in a neighborhood is a service to the neighborhood. Uh that's all I got to say. Uh thanks for your consideration. Thank you. Anyone else in the audience like to discuss this? Okay. Anyone else on the council before we take a vote?

Let's do a roll call. We We got a motion in a second. Now we're going to do a roll call. Bington. I Bath Key. I

Smith. I Goldhammer. Nay Doer. I Mardle. I motion carries. Reconvene as city council entertain a motion for the board of adjustment to adjourn and the city council reconvene in regular session.

Thank you. Second by Mr. Bathky. All those in favor of the motion say I. I. Oppose. Same sign. Motion carries. hearing an action on the application for new package liquor license. There were two bids submitted for this new package liquor license which was created by new legislation last year. Um, Westside Sinclair was a high bidder at $20,61. Thank you. Okay. Looking for a motion to approve that ordinary, I should say. Move to approve the high bid. Second

by Mr. Goldhammer. Second by Mr. Bington. Further discussion. What do you want in the audience like to discuss this? All those in favor of the motion say I. I. Oppose. Same sign. Motion carries. Action to approve agreement A. 2025-70 James Valley drug task force joint powers agreement. Who's in charge of that? You skipped 11. Did I skip 11? Oh, I wrote I wrote next to the wrong thing. Okay. Action to approve applications for renewal of 2026 liquor and wine license. Move to approve. Mr. Gold Hammer. Second by Mr. Curdle. Further discussion. Would anyone in the audience like to discuss this? Okay. All those in favor of the motion say I. I.

Oppos. Same sign. Motion carries. Action to approve agreement A2025-70 James Valley Drug Task Force Joint Powers Agreement. Chief Scipling. Uh I can talk to this. Uh this is agreement between the city of Mitchell, Hansa County, Davidson County, Samar County, and Aurora County. Uh for how the James Valley Drug Task Force operates, um it's been the same agreement for the last probably four or five years that I know of with no changes. Um I just ask the board to approve it for the next year. Move to approve.

Second, Mr. Basky. Further discussion? Anyone in the audience like to discuss this? I I do think it's worth noting that I think this task force does a lot of good. Uh and it's not uh a Mitchell only task force. It's a joint county task force and I think the work of the task force probably doesn't go as publicly noted as times, but I do think they do a lot of really good work. So, thank you to you and your team and the greater region for working together to try and fight this in our community. Thank you for that. And with that, all those in favor of the motion say I. I.

I. Oppose. Same sign. Motion carries. Second reading on ordinance 025-7 supplemental appropriations for FY 2025 oh fiscal year 2025. Miss Owen may council included in the packet is the second reading for ordinance for supplemental appropriations for 2025. Um one change from the last from the first reading would be this item here that's in bold. We did add some funding for the traffic light maintenance in the traffic budget. Um, this was just simply due to we'll be reimbursed this from insurance liability insurance. I'm going to pull it up on here right here for 65,000. We just don't know if we will get that payment in time for us to do an automatic supplement at the next council meeting. So this way the budget authority is there. We know we'll receive it before the end of the year. So that's the only change. Everything else remains the same as the first reading and I can answer any questions you have and recommend approval of second reading.

Okay. Looking for a motion. Move to approve. Mr. Goldhammer. Second by Mr. Bington. Further discussion. Would anyone in the audience seek to discuss this? All those in favor of the motion say I. I. Oppose. Same sign. Motion carries. Motion to adopt ordinance 02025-7. Move to adopt. Second. Got a motion in a second. Anyone in the United discuss this? Okay. Roll call. Charts. I Smith. Hi. Goldhammer. Hi. Doer. Hi. Mardle. Hi. Bington. Hi. Bathy. Hi. Motion carries. And that is it. We are turned.